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pdfPUBLIC LAW 117–328—DEC. 29, 2022
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
Dec. 29, 2022
[H.R. 2617]
Consolidated
Appropriations
Act, 2023.
This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2023’’.
SEC. 2. TABLE OF CONTENTS.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1.
2.
3.
4.
5.
6.
Short title.
Table of contents.
References.
Explanatory statement.
Statement of appropriations.
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
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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
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PUBL328
136 STAT. 4460
PUBLIC LAW 117–328—DEC. 29, 2022
Title IV—Independent Agencies
Title V—General Provisions
DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2023
Title
Title
Title
Title
Title
Title
Title
Title
I—Department of the Treasury
II—Executive Office of the President and Funds Appropriated to the President
III—The Judiciary
IV—District of Columbia
V—Independent Agencies
VI—General Provisions—This Act
VII—General Provisions—Government-wide
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
Title
Title
Title
I—Department of the Interior
II—Environmental Protection Agency
III—Related Agencies
IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title
Title
Title
Title
Title
I—Department of Labor
II—Department of Health and Human Services
III—Department of Education
IV—Related Agencies
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
Title
Title
Title
I—Department of Defense
II—Department of Veterans Affairs
III—Related Agencies
IV—General Provisions
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2023
Title
Title
Title
Title
Title
Title
Title
I—Department of State and Related Agency
II—United States Agency for International Development
III—Bilateral Economic Assistance
IV—International Security Assistance
V—Multilateral Assistance
VI—Export and Investment Assistance
VII—General Provisions
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DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title
Title
Title
Title
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I—Department of Transportation
II—Department of Housing and Urban Development
III—Related Agencies
IV—General Provisions—This Act
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
I—National Cybersecurity Protection System Authorization Extension
II—NDAA Technical Corrections
III—Immigration Extensions
IV—Environment and Public Works Matters
V—Safety Enhancements
VI—Extension of Temporary Order for Fentanyl-Related Substances
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
Title
Title
Title
Title
Title
Title
Title
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
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SEC. 3. REFERENCES.
1 USC 1 note.
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.
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136 STAT. 4462
PUBLIC LAW 117–328—DEC. 29, 2022
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.
2 USC 4501 note.
SEC. 6. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments
for Members of Congress) during fiscal year 2023.
Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 2023.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT,
FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
AGRICULTURAL PROGRAMS
PROCESSING, RESEARCH,
OFFICE
OF THE
AND
MARKETING
SECRETARY
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(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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the amount
made available under this heading for Departmental Administration
shall be reimbursed from applicable appropriations in this Act
for travel expenses incident to the holding of hearings as required
by 5 U.S.C. 551–558: Provided further, That funds made available
under this heading for the Office of the Assistant Secretary for
Congressional Relations and Intergovernmental Affairs shall be
transferred to agencies of the Department of Agriculture funded
by this Act to maintain personnel at the agency level: Provided
further, That no funds made available under this heading for the
Office of Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this Act,
unless the Secretary has notified the Committees on Appropriations
of both Houses of Congress on the allocation of these funds by
USDA agency: Provided further, That during any 30 day notification
period referenced in section 716 of this Act, the Secretary of Agriculture shall take no action to begin implementation of the action
that is subject to section 716 of this Act or make any public
announcement of such action in any form.
Reimbursements.
Time period.
Notification.
Time period.
Notification.
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.
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OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $14,967,000.
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136 STAT. 4464
PUBLIC LAW 117–328—DEC. 29, 2022
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
For necessary
$37,595,000.
OF
expenses
CIVIL RIGHTS
of
the
AGRICULTURE BUILDINGS
Office
AND
of
Civil
Rights,
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.
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OFFICE
OF
SAFETY, SECURITY,
AND
PROTECTION
For necessary expenses of the Office of Safety, Security, and
Protection, $21,800,000.
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PUBLIC LAW 117–328—DEC. 29, 2022
OFFICE
OF INSPECTOR
136 STAT. 4465
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,
ECONOMICS
AND
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $2,384,000: Provided, That
funds made available by this Act to an agency in the Research,
Education, and Economics mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office: Provided further, That of the amounts made available
under this heading, $1,000,000 shall be made available for the
Office of the Chief Scientist.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service,
$92,612,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service, $211,076,000, of which up to $66,413,000 shall be available
until expended for the Census of Agriculture: Provided, That
amounts made available for the Census of Agriculture may be
used to conduct Current Industrial Report surveys subject to 7
U.S.C. 2204g(d) and (f).
Surveys.
AGRICULTURAL RESEARCH SERVICE
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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
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136 STAT. 4466
7 USC 2254.
Contracts.
Maryland.
Easements.
Easements.
PUBLIC LAW 117–328—DEC. 29, 2022
exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,744,279,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one
for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $500,000, except for headhouses or greenhouses
which shall each be limited to $1,800,000, except for 10 buildings
to be constructed or improved at a cost not to exceed $1,100,000
each, and except for four buildings to be constructed at a cost
not to exceed $5,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever
is greater: Provided further, That appropriations hereunder shall
be available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be
owned, operated, and maintained by the non-Federal entity and
shall be removed upon the expiration or termination of the lease
agreement: Provided further, That the limitations on alterations
contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further,
That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948
(21 U.S.C. 113a): Provided further, That appropriations hereunder
shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall
be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary
finds that acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized
by law.
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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).
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PUBLIC LAW 117–328—DEC. 29, 2022
NATIONAL INSTITUTE
OF
FOOD
AND
136 STAT. 4467
AGRICULTURE
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other
expenses, $1,094,121,000 which shall be for the purposes, and in
the amounts, specified in the table titled ‘‘National Institute of
Food and Agriculture, Research and Education Activities’’ in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds
for research grants for 1994 institutions, education grants for 1890
institutions, Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge grants, grants management systems, tribal colleges education
equity grants, and scholarships at 1890 institutions shall remain
available until expended: Provided further, That each institution
eligible to receive funds under the Evans-Allen program receives
no less than $1,000,000: Provided further, That funds for education
grants for Alaska Native and Native Hawaiian-serving institutions
be made available to individual eligible institutions or consortia
of eligible institutions with funds awarded equally to each of the
States of Alaska and Hawaii: Provided further, That funds for
providing grants for food and agricultural sciences for Alaska Native
and Native Hawaiian-Serving institutions and for Insular Areas
shall remain available until September 30, 2024: Provided further,
That funds for education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent
of the amounts made available by this or any other Act to carry
out the Agriculture and Food Research Initiative under 7 U.S.C.
3157 may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying out that
authority.
Grants.
Alaska.
Hawaii.
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.
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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
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136 STAT. 4468
PUBLIC LAW 117–328—DEC. 29, 2022
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
REGULATORY PROGRAMS
AND
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
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(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
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
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 funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year that
does not require minimum matching by the States of at least
40 percent: Provided further, That this appropriation shall be available for the purchase, replacement, operation, and maintenance
of aircraft: Provided further, That in addition, in emergencies which
threaten any segment of the agricultural production industry of
the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and
for expenses in accordance with sections 10411 and 10417 of the
Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772),
and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250) for
the repair and alteration of leased buildings and improvements,
but unless otherwise provided the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
In fiscal year 2023, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing
such assistance, goods, or services.
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Brucellosis
eradication.
Fees.
Reimbursement.
PUBL328
136 STAT. 4470
PUBLIC LAW 117–328—DEC. 29, 2022
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
Fees.
For necessary expenses of the Agricultural Marketing Service,
$237,695,000, of which $7,504,000 shall be available for the purposes of section 12306 of Public Law 113–79, and of which
$1,000,000 shall be available for the purposes of section 779 of
division A of Public Law 117–103: Provided, That of the amounts
made available under this heading, $25,000,000, to remain available
until expended, shall be to carry out section 12513 of Public Law
115–334, of which $23,000,000 shall be for dairy business innovation
initiatives established in Public Law 116–6 and the Secretary shall
take measures to ensure an equal distribution of funds between
these three regional innovation initiatives: Provided further, That
this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements,
but the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of
the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701),
except for the cost of activities relating to the development or
maintenance of grain standards under the United States Grain
Standards Act, 7 U.S.C. 71 et seq.
LIMITATION ON ADMINISTRATIVE EXPENSES
Notification.
Not to exceed $62,596,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
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(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).
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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
Notification.
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
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For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$10,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$1,158,266,000; and in addition, $1,000,000 may be credited to
this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided
further, That no fewer than 148 full-time equivalent positions shall
be employed during fiscal year 2023 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods
of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That
the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110–246 as further clarified
by the amendments made in section 12106 of Public Law 113–
79: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
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Employment
positions.
Continuation.
PUBL328
136 STAT. 4472
PUBLIC LAW 117–328—DEC. 29, 2022
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
OFFICE
OF THE
UNDER SECRETARY FOR FARM PRODUCTION
CONSERVATION
AND
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)
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Notification.
Expenditure
plan.
Cost estimate.
Review.
Approval.
Reports.
Assessment.
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For necessary expenses of the Farm Service Agency,
$1,215,307,000, of which not less than $15,000,000 shall be for
the hiring of new employees to fill vacancies and anticipated vacancies at Farm Service Agency county offices and farm loan officers
and shall be available until September 30, 2024: Provided, That
not more than 50 percent of the funding made available under
this heading for information technology related to farm program
delivery may be obligated until the Secretary submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for each
project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/investment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates
that each project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in
accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department’s capital planning
and investment control requirements; and (3) has been reviewed
by the Government Accountability Office and approved by the
Committees on Appropriations of both Houses of Congress: Provided
further, That the agency shall submit a report by the end of the
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Notification.
Advance
approval.
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
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(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).
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PUBL328
136 STAT. 4474
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Pink Bollworm.
Notification.
Time period.
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136), boll
weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7
U.S.C. 1924 et seq.), relending program (7 U.S.C. 1936c), and Indian
highly fractionated land loans (25 U.S.C. 5136) to be available
from funds in the Agricultural Credit Insurance Fund, as follows:
$3,500,000,000 for guaranteed farm ownership loans and
$3,100,000,000 for farm ownership direct loans; $2,118,491,000 for
unsubsidized guaranteed operating loans and $1,633,333,000 for
direct operating loans; emergency loans, $4,062,000; Indian tribe
land acquisition loans, $20,000,000; guaranteed conservation loans,
$150,000,000; relending program, $61,426,000; Indian highly
fractionated land loans, $5,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary shall
deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: $249,000 for
emergency loans, to remain available until expended; and
$23,520,000 for direct farm operating loans, $11,228,000 for unsubsidized guaranteed farm operating loans, $10,983,000 for the relending program, and $894,000 for Indian highly fractionated land
loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $326,461,000: Provided, That of this amount, $305,803,000 shall be transferred to
and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in advance
of any transfer.
RISK MANAGEMENT AGENCY
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations, engineering
operations, works of improvement, and changes in use of land,
in accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with
the provisions of laws relating to the activities of the Department,
$75,000,000, to remain available until expended, of which up to
$20,591,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That for funds provided by this Act
or any other prior Act, the limitation regarding the size of the
watershed or subwatershed exceeding two hundred and fifty thousand acres in which such activities can be undertaken shall only
apply for activities undertaken for the primary purpose of flood
prevention (including structural and land treatment measures): Provided further, That of the amounts made available under this
heading, $10,000,000 shall be allocated to projects and activities
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Applicability.
PUBL328
136 STAT. 4476
PUBLIC LAW 117–328—DEC. 29, 2022
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
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
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(INCLUDING TRANSFERS OF FUNDS)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Notification.
Time period.
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
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(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
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PUBL328
136 STAT. 4478
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Fees.
Deadline.
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Incentives.
Determination.
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For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $1,250,000,000 shall be for direct loans, $7,500,000
shall be for a Single Family Housing Relending demonstration
program for Native American Tribes, and $30,000,000,000 shall
be for unsubsidized guaranteed loans; $28,000,000 for section 504
housing repair loans; $70,000,000 for section 515 rental housing;
$400,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $46,375,000
shall be for direct loans; Single Family Housing Relending demonstration program for Native American Tribes, $2,468,000; section
504 housing repair loans, $2,324,000; section 523 self-help housing
land development loans, $267,000; section 524 site development
loans, $208,000; and repair, rehabilitation, and new construction
of section 515 rental housing, $13,377,000: Provided, That to support the loan program level for section 538 guaranteed loans made
available under this heading the Secretary may charge or adjust
any fees to cover the projected cost of such loan guarantees pursuant
to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a current rural area waiver under section 541 of the Housing Act of
1949 (42 U.S.C. 1490q) shall be treated as living in a rural area
for purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of the amounts available under
this paragraph for section 502 direct loans, no less than $5,000,000
shall be available for direct loans for individuals whose homes
will be built pursuant to a program funded with a mutual and
self-help housing grant authorized by section 523 of the Housing
Act of 1949 until June 1, 2023: Provided further, That the Secretary
shall implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate the
acquisition of Rural Housing Service (RHS) multifamily housing
properties by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS multifamily housing program for a period of time as determined by
the Secretary, with such incentives to include, but not be limited
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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’’.
Time periods.
RENTAL ASSISTANCE PROGRAM
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Contracts.
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 oneyear 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
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136 STAT. 4480
Applicability.
Determination.
PUBLIC LAW 117–328—DEC. 29, 2022
provided under agreements entered into prior to fiscal year 2023
for a farm labor multi-family housing project financed under section
514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period
of 12 consecutive months, if such project has a waiting list of
tenants seeking such assistance or the project has rental assistance
eligible tenants who are not receiving such assistance: Provided
further, That such recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family housing
project financed under section 514 or 516 of the Act: Provided
further, That except as provided in the fourth proviso under this
heading and notwithstanding any other provision of the Act, the
Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2023 for a project that
the Secretary determines no longer needs rental assistance and
use such recaptured funds for current needs.
RURAL HOUSING VOUCHER ACCOUNT
Applicability.
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 lowincome household (including those not receiving rental assistance)
residing in a property financed with a section 515 loan which
has been prepaid or otherwise paid off after September 30, 2005:
Provided further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515
unit and the tenant paid rent for such unit: Provided further,
That funds made available for such vouchers shall be subject to
the availability of annual appropriations: Provided further, That
the Secretary shall, to the maximum extent practicable, administer
such vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development:
Provided further, That in addition to any other available funds,
the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for administrative expenses for activities funded under this heading.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain
available until expended.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4481
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
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(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,800,000,000 for direct loans and $650,000,000 for guaranteed
loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, for rural community
facilities programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $341,490,328, to remain available until expended, of which
up to $325,490,328 shall be for the purposes, and in the amounts,
specified for this account in the table titled ‘‘Community Project
Funding/Congressionally Directed Spending’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such
funds shall be used solely to develop the capacity and ability of
private, nonprofit community-based housing and community
development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects
to improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That such
funds shall be made available to qualified private, nonprofit and
public intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That any unobligated
balances from prior year appropriations under this heading for
the cost of direct loans, loan guarantees and grants, including
amounts deobligated or cancelled, may be made available to cover
the subsidy costs for direct loans and or loan guarantees under
this heading in this fiscal year: Provided further, That no amounts
may be made available pursuant to the preceding proviso from
amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, or that were specified in the table titled ‘‘Community Project
Funding/Congressionally Directed Spending’’ in the explanatory
statement for division A of Public Law 117-103 described in section
4 in the matter preceding such division A: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be available for community facilities grants to tribal colleges, as
authorized by section 306(a)(19) of such Act: Provided further, That
sections 381E–H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available
under this heading.
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Loans.
Grants.
PUBL328
136 STAT. 4482
PUBLIC LAW 117–328—DEC. 29, 2022
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’’.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Loans.
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HEALTHY FOOD FINANCING INITIATIVE
For the cost of loans and grants that is consistent with section
243 of subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206
of the Agricultural Act of 2014, for necessary expenses of the Secretary to support projects that provide access to healthy food in
underserved areas, to create and preserve quality jobs, and to
revitalize low-income communities, $3,000,000, to remain available
until expended: Provided, That such costs of loans, including the
cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974.
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Loans.
PUBL328
136 STAT. 4484
PUBLIC LAW 117–328—DEC. 29, 2022
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Alaska.
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Determination.
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For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(2) of the Consolidated Farm and Rural Development
Act, as follows: $1,420,000,000 for direct loans; and $50,000,000
for guaranteed loans.
For the cost of loan guarantees and grants, including the cost
of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, for rural water, waste water, waste disposal,
and solid waste management programs authorized by sections 306,
306A, 306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm
and Rural Development Act, $596,404,000, to remain available until
expended, of which not to exceed $1,000,000 shall be available
for the rural utilities program described in section 306(a)(2)(B)
of such Act, and of which not to exceed $5,000,000 shall be available
for the rural utilities program described in section 306E of such
Act: Provided, That not to exceed $15,000,000 of the amount appropriated under this heading shall be for grants authorized by section
306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such
Act: Provided further, That $70,000,000 of the amount appropriated
under this heading shall be for loans and grants including water
and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant
to section 325 of Public Law 105–83: Provided further, That not
more than 2 percent of the funding provided for section 306D
of the Consolidated Farm and Rural Development Act may be
used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be used by a consortium formed pursuant to section 325
of Public Law 105–83 for training and technical assistance programs: Provided further, That not to exceed $37,500,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to
section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $8,500,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small
communities on water and waste water problems, the principal
purpose of such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste water
systems, and of which not less than $800,000 shall be for a qualified
national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $21,180,000 of the amount appropriated
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Determination.
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
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(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
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136 STAT. 4486
PUBLIC LAW 117–328—DEC. 29, 2022
shall be paid to the appropriation for ‘‘Rural Development, Salaries
and Expenses’’.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
Grants.
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Grants.
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For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq., $64,991,000,
to remain available until expended, of which up to $4,991,000
shall be for the purposes, and in the amounts, specified for this
account in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That $3,000,000 shall be made available for grants
authorized by section 379G of the Consolidated Farm and Rural
Development Act: Provided further, That funding provided under
this heading for grants under section 379G of the Consolidated
Farm and Rural Development Act may only be provided to entities
that meet all of the eligibility criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by sections
601 and 602 of the Rural Electrification Act, $3,000,000, to remain
available until expended: Provided, That the cost of direct loans
shall be as defined in section 502 of the Congressional Budget
Act of 1974.
For the cost to continue a broadband loan and grant pilot
program established by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115–141) under the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.),
$363,512,317, to remain available until expended, of which up to
$15,512,317 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That the Secretary may award grants
described in section 601(a) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 950bb(a)) for the purposes of carrying out
such pilot program: Provided further, That the cost of direct loans
shall be defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That at least 90 percent of the households
to be served by a project receiving a loan or grant under the
pilot program shall be in a rural area without sufficient access
to broadband: Provided further, That for purposes of such pilot
program, a rural area without sufficient access to broadband shall
be defined as twenty-five megabits per second downstream and
three megabits per second upstream: Provided further, That to
the extent possible, projects receiving funds provided under the
pilot program must build out service to at least one hundred megabits per second downstream, and twenty megabits per second
upstream: Provided further, That an entity to which a loan or
grant is made under the pilot program shall not use the loan
or grant to overbuild or duplicate broadband service in a service
area by any entity that has received a broadband loan from the
Rural Utilities Service unless such service is not provided sufficient
access to broadband at the minimum service threshold: Provided
further, That not more than four percent of the funds made available
in this paragraph can be used for administrative costs to carry
out the pilot program and up to three percent of funds made
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Requirements.
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE
OF THE
UNDER SECRETARY FOR FOOD, NUTRITION,
CONSUMER SERVICES
For necessary expenses of the
for Food, Nutrition, and Consumer
That funds made available by this
Nutrition and Consumer Services
expenses are available to fund up
staff for the Office.
FOOD
AND
AND
Office of the Under Secretary
Services, $1,376,000: Provided,
Act to an agency in the Food,
mission area for salaries and
to one administrative support
NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
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(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,
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PUBLIC LAW 117–328—DEC. 29, 2022
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)
Waiver authority.
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2024: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
the Secretary shall use funds made available under this heading
to increase the amount of a cash-value voucher for women and
children participants to an amount recommended by the National
Academies of Science, Engineering and Medicine and adjusted for
inflation: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act: Provided
further, That none of the funds provided shall be available for
activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of
such Act: Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency.
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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
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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, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and
Training under this heading shall remain available through September 30, 2024: Provided further, That funds made available under
this heading for section 28(d)(1), section 4(b), and section 27(a)
of the Food and Nutrition Act of 2008 shall remain available
through September 30, 2024: Provided further, That none of the
funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): Provided further, That funds
made available under this heading may be used to enter into
contracts and employ staff to conduct studies, evaluations, or to
conduct activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of 2008.
Workfare
requirements.
Contracts.
Studies.
Evaluations.
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.
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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.
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136 STAT. 4490
PUBLIC LAW 117–328—DEC. 29, 2022
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
OFFICE
OF THE
UNDER SECRETARY FOR TRADE
AGRICULTURAL AFFAIRS
AND
FOREIGN
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)
Reimbursement.
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $237,330,000, of which no more than
6 percent shall remain available until September 30, 2024, for
overseas operations to include the payment of locally employed
staff: Provided, That the Service may utilize advances of funds,
or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for
middle-income country training programs, funds made available
for the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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)).
Reimbursement.
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
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(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
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136 STAT. 4492
PUBLIC LAW 117–328—DEC. 29, 2022
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
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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, That not to exceed $25,000 of this
amount shall be for official reception and representation expenses,
not otherwise provided for, as determined by the Commissioner:
Provided further, That any transfer of funds pursuant to, and
for the administration of, section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts
made available under this heading for other activities and shall
not exceed $2,000,000: Provided further, That of the amounts that
are made available under this heading for ‘‘other activities’’, and
that are not derived from user fees, $1,500,000 shall be transferred
to and merged with the appropriation for ‘‘Department of Health
and Human Services—Office of Inspector General’’ for oversight
of the programs and operations of the Food and Drug Administration and shall be in addition to funds otherwise made available
for oversight of the Food and Drug Administration: Provided further,
That funds may be transferred from one specified activity to another
with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C. 381,
priority review user fees authorized by 21 U.S.C. 360n and 360ff,
food and feed recall fees, food reinspection fees, and voluntary
qualified importer program fees authorized by 21 U.S.C. 379j–
31, outsourcing facility fees authorized by 21 U.S.C. 379j–62,
prescription drug wholesale distributor licensing and inspection
fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider
licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical
countermeasure priority review voucher user fees authorized by
21 U.S.C. 360bbb–4a, and fees relating to over-the-counter monograph drugs authorized by 21 U.S.C. 379j–72 shall be credited
to this account, to remain available until expended.
Determination.
Advance
approval.
Fees.
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
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(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
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136 STAT. 4494
Determination.
PUBLIC LAW 117–328—DEC. 29, 2022
1002(b)(2)(A) of such Act, and may be transferred by the Commissioner of Food and Drugs to the appropriation for ‘‘Department
of Health and Human Services Food and Drug Administration
Salaries and Expenses’’ solely for the purposes provided in such
Act: Provided further, That upon a determination by the Commissioner that funds transferred pursuant to the previous proviso
are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCY
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $88,500,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year
for administrative expenses as authorized under 12 U.S.C. 2249:
Provided, That this limitation shall not apply to expenses associated
with receiverships: Provided further, That the agency may exceed
this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit
Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an amount in its sole discretion, from the application of the limitation provided in that clause of export loans
described in the clause guaranteed or insured in a manner other
than described in subclause (II) of the clause.
Notification.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Determination.
Notification.
Approval.
Deadline.
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Advance
approvals.
Notifications.
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SEC. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to purchase
new passenger motor vehicles, in addition to specific appropriations
for this purpose, so long as the total number of vehicles purchased
in fiscal year 2023 does not exceed the number of vehicles owned
or leased in fiscal year 2018: Provided, That, prior to purchasing
additional motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public
safety: Provided further, That the Secretary may not increase the
Department of Agriculture’s fleet above the 2018 level unless the
Secretary notifies in writing, and receives approval from, the
Committees on Appropriations of both Houses of Congress within
30 days of the notification.
SEC. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated balances
of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund
for the acquisition of property, plant and equipment and for the
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the limitations on the obligation
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Determination.
PUBL328
136 STAT. 4496
Contracts.
Determination.
Approvals.
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Notification.
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PUBLIC LAW 117–328—DEC. 29, 2022
of funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the Secretary,
is necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance Center;
or to evacuate employees of the National Finance Center to a
safe haven to continue operations of the National Finance Center.
SEC. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 704. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 705. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following
accounts: the Rural Development Loan Fund program account, the
Rural Electrification and Telecommunication Loans program
account, and the Rural Housing Insurance Fund program account.
SEC. 706. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That notwithstanding section 11319 of title 40, United States Code, none
of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other
agreements over $25,000 prior to receipt of written approval by
the Chief Information Officer: Provided further, That the Chief
Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon
the performance of an agency measured against the performance
plan requirements described in the explanatory statement accompanying Public Law 113–235.
SEC. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations
made in the current fiscal year.
SEC. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or prepaid
an insured, direct or guaranteed loan under the Rural Electrification
Act of 1936, or any not-for-profit utility that is eligible to receive
an insured or direct loan under such Act, shall be eligible for
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PUBLIC LAW 117–328—DEC. 29, 2022
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. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to
as ‘‘section 14222’’), none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries and expenses of personnel to carry out a program
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c;
in this section referred to as ‘‘section 32’’) in excess of $1,483,309,000
(exclusive of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities—
$485,000,000; State Option Contracts—$5,000,000; Removal of
Defective Commodities—$2,500,000; Administration of section 32
Commodity Purchases—$37,178,000: Provided, That, of the total
funds made available in the matter preceding this proviso that
remain unobligated on October 1, 2023, such unobligated balances
shall carryover into fiscal year 2024 and shall remain available
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Notification.
Time period.
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Approvals.
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PUBLIC LAW 117–328—DEC. 29, 2022
until expended for any of the purposes of section 32, except that
any such carryover funds used in accordance with clause (3) of
section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of
the expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided further,
That, with the exception of any available carryover funds authorized
in any prior appropriations Act to be used for the purposes of
clause (3) of section 32, none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries or expenses of any employee of the Department of
Agriculture to carry out clause (3) of section 32.
SEC. 715. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s budget submission to the Congress for programs under
the jurisdiction of the Appropriations Subcommittees on Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should
occur in the event the user fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2024 appropriations Act.
SEC. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury
derived by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure through
a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of
Agriculture, through use of the authority provided by section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of Health
and Human Services (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
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PUBLIC LAW 117–328—DEC. 29, 2022
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. 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
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News stories.
Notification.
Time period.
Reimbursement.
Deadline.
Spending plan.
Determination.
Prisons and
prisoners.
Loans.
Notification.
Time period.
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Agriculture, non-Department of Health and Human Services, or
non-Farm Credit Administration employee.
SEC. 719. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared
or funded by that executive branch agency.
SEC. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the Department
for more than 60 days in a fiscal year unless the individual’s
employing agency or office is fully reimbursed by the receiving
agency or office for the salary and expenses of the employee for
the period of assignment.
SEC. 721. Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture, the Commissioner of the
Food and Drug Administration and the Chairman of the Farm
Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by
program, project, and activity for all the funds made available
under this Act including appropriated user fees, as defined in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
SEC. 722. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring information
intended for a prescribing health care professional, in the case
of a drug or biological product subject to section 503(b)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to
be distributed to such professional electronically (in lieu of in paper
form) unless and until a Federal law is enacted to allow or require
such distribution.
SEC. 723. For the purposes of determining eligibility or level
of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations.
SEC. 724. For loans and loan guarantees that do not require
budget authority and the program level has been established in
this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
percent: Provided, That prior to the Secretary implementing such
an increase, the Secretary notifies, in writing, the Committees
on Appropriations of both Houses of Congress at least 15 days
in advance.
SEC. 725. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public
Law 107–76) shall be available for obligation without written
notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds
or rebates so transferred shall be available for obligation only
for the acquisition of property, plant and equipment, including
equipment for the improvement, delivery, and implementation of
Departmental financial management, information technology, and
other support systems necessary for the delivery of financial,
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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
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Effective date.
PUBL328
136 STAT. 4502
Audits.
Evaluation.
Public
information.
Reports.
Applicability.
Iron and steel
products.
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Public
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Records.
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to the Secretary without further appropriation for the purpose
of funding all costs associated with FSIS inspections.
SEC. 731. (a) The Secretary of Agriculture shall—
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable—
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources
of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
SEC. 732. In this fiscal year and thereafter, and notwithstanding any other provision of law, none of the funds made available by this Act may be used to implement section 3.7(f) of the
Farm Credit Act of 1971 in a manner inconsistent with section
343(a)(13) of the Consolidated Farm and Rural Development Act.
SEC. 733. In this fiscal year and thereafter, and notwithstanding any other provision of law, none of the funds made available by this Act may be used to carry out any activities or incur
any expense related to the issuance of licenses under section 3
of the Animal Welfare Act (7 U.S.C. 2133), or the renewal of
such licenses, to class B dealers who sell Random Source dogs
and cats for use in research, experiments, teaching, or testing.
SEC. 734. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926 et seq.) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water or wastewater system unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ‘‘iron and steel products’’ means
the following products made primarily of iron or steel: lined or
unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this section
referred to as the ‘‘Secretary’’) or the designee of the Secretary
finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee shall
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PUBLIC LAW 117–328—DEC. 29, 2022
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. The Secretary or the designee shall make
the request and accompanying information available by electronic
means, including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’ for carrying out the provisions described in subsection (a)(1) for management and oversight
of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project
for which the engineering plans and specifications include use of
iron and steel products otherwise prohibited by such subsection
if the plans and specifications have received required approvals
from State agencies prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ‘‘United States’’
and ‘‘State’’ shall include each of the several States, the District
of Columbia, and each Federally recognized Indian Tribe.
SEC. 735. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 736. Of the total amounts made available by this Act
for direct loans and grants under the following headings: ‘‘Rural
Housing Service—Rural Housing Insurance Fund Program
Account’’; ‘‘Rural Housing Service—Mutual and Self-Help Housing
Grants’’; ‘‘Rural Housing Service—Rural Housing Assistance
Grants’’; ‘‘Rural Housing Service—Rural Community Facilities Program Account’’; ‘‘Rural Business-Cooperative Service—Rural Business Program Account’’; ‘‘Rural Business-Cooperative Service—
Rural Economic Development Loans Program Account’’; ‘‘Rural
Business-Cooperative Service—Rural Cooperative Development
Grants’’; ‘‘Rural Business-Cooperative Service—Rural Microentrepreneur Assistance Program’’; ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’; ‘‘Rural Utilities Service—
Rural Electrification and Telecommunications Loans Program
Account’’; and ‘‘Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program’’, to the maximum extent feasible, at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including,
notwithstanding any other provision regarding population limits,
any county seat of such a persistent poverty county that has a
population that does not exceed the authorized population limit
by more than 10 percent: Provided, That for purposes of this section,
the term ‘‘persistent poverty counties’’ means any county that has
had 20 percent or more of its population living in poverty over
the past 30 years, as measured by the 1990 and 2000 decennial
censuses, and 2007–2011 American Community Survey 5-year average, or any territory or possession of the United States: Provided
further, That with respect to specific activities for which program
levels have been made available by this Act that are not supported
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Applicability.
Definition.
Lobbying.
Definition.
Applicability.
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Human embryos.
Time periods.
School breakfast.
Hemp and hemp
seeds.
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by budget authority, the requirements of this section shall be
applied to such program level.
SEC. 737. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include
a heritable genetic modification. Any such submission shall be
deemed to have not been received by the Secretary, and the exemption may not go into effect.
SEC. 738. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ‘‘Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,’’ and published on November 27, 2015, with respect
to the regulation of entities that grow, harvest, pack, or hold wine
grapes, hops, pulse crops, or almonds.
SEC. 739. There is hereby appropriated $5,000,000, to remain
available until September 30, 2024, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
SEC. 740. For school years 2022–2023 and 2023–2024, none
of the funds made available by this Act may be used to implement
or enforce the matter following the first comma in the second
sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal
Regulations, with respect to the substitution of vegetables for fruits
under the school breakfast program established under section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
SEC. 741. None of the funds made available by this Act or
any other Act may be used—
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or use
of hemp, or seeds of such plant, that is grown or cultivated
in accordance with section 7606 of the Agricultural Act of
2014 or subtitle G of the Agricultural Marketing Act of 1946,
within or outside the State in which the hemp is grown or
cultivated.
SEC. 742. There is hereby appropriated $3,000,000, to remain
available until expended, for grants under section 12502 of Public
Law 115–334.
SEC. 743. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115–334.
SEC. 744. The Secretary of Agriculture may waive the matching
funds requirement under section 412(g) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(g)).
SEC. 745. There is hereby appropriated $2,000,000, to remain
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and public
housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers
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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. In response to an eligible community where the
drinking water supplies are inadequate due to a natural disaster,
as determined by the Secretary, including drought or severe
weather, the Secretary may provide potable water through the
Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public
health.
SEC. 749. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls,
as determined by the Administrator, are in place to ensure that
emergency food aid is received by the intended beneficiaries in
areas affected by food shortages and not diverted for unauthorized
or inappropriate purposes.
SEC. 750. In this fiscal year and thereafter, and notwithstanding any other provision of law, ARS facilities as described
in the ‘‘Memorandum of Understanding Between the U.S. Department of Agriculture Animal and Plant Health Inspection Service
(APHIS) and the U.S. Department of Agriculture Agricultural
Research Service (ARS) Concerning Laboratory Animal Welfare’’
(16–6100–0103–MU Revision 16–1) shall be inspected by APHIS
for compliance with the Animal Welfare Act and its regulations
and standards.
SEC. 751. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People’s Republic of China for
use in the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42
U.S.C. 1766), the Summer Food Service Program for Children under
section 13 of such Act (42 U.S.C. 1761), or the school breakfast
program under the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
SEC. 752. For school year 2023–2024, only a school food
authority that had a negative balance in the nonprofit school food
service account as of June 30, 2022, shall be required to establish
a price for paid lunches in accordance with section 12(p) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1760(p)).
SEC. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to carry
out a pilot program that assists rural hospitals to improve longterm operations and financial health by providing technical assistance through analysis of current hospital management practices.
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Water.
Determination.
Time period.
Determination.
Compliance
inspection.
7 USC 2144 note.
Poultry and
poultry products.
China.
Time period.
Requirement.
School lunches.
PUBL328
136 STAT. 4506
Grants.
7 USC 2146 note.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 754. Any funds made available by this or any other Act
that the Secretary withholds pursuant to section 1668(g)(2) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5921(g)(2)), as amended, shall be available for grants for biotechnology risk assessment research: Provided, That the Secretary
may transfer such funds among appropriations of the Department
of Agriculture for purposes of making such grants.
SEC. 755. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925(g)(4)(B)) as amended by section
7209 of Public Law 115–334.
SEC. 756. Hereafter, none of the funds made available by this
Act or any other Act, may be used to pay the salaries or expenses
of personnel to implement any activities related to the permitting
of non-recording of observed violations of the Animal Welfare Act
or its regulations on official inspection reports.
SEC. 757. For necessary expenses associated with cotton
classing activities pursuant to 7 U.S.C. 55, to include equipment
and facility upgrades, and in addition to any other funds made
available for this purpose, there is appropriated $4,000,000, to
remain available until September 30, 2024: Provided, That amounts
made available in this section shall be treated as funds collected
by fees authorized under Mar. 4, 1923, ch. 288, §5, 42 Stat. 1518,
as amended (7 U.S.C. 55).
SEC. 758. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move
any staff office or any agency from the mission area in which
it was located on August 1, 2018, to any other mission area or
office within the Department in the absence of the enactment of
specific legislation affirming such move.
SEC. 759. The Secretary, acting through the Chief of the Natural Resources Conservation Service, may use funds appropriated
under this Act or any other Act for the Watershed and Flood
Prevention Operations Program and the Watershed Rehabilitation
Program carried out pursuant to the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001 et seq.), and for the Emergency Watershed Protection Program carried out pursuant to section
403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to
provide technical services for such programs pursuant to section
1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)),
notwithstanding subsection (c) of such section.
SEC. 760. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations Act,
2018 (Public Law 115–141), the Secretary of Agriculture may, for
purposes of determining entities eligible to receive assistance, consider those communities which are ‘‘Areas Rural in Character’’:
Provided, That not more than 10 percent of the funds made available under the heading ‘‘Distance Learning, Telemedicine, and
Broadband Program’’ for the purposes of the pilot program established by section 779 of Public Law 115–141 may be used for
this purpose.
SEC. 761. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel—
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
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PUBLIC LAW 117–328—DEC. 29, 2022
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. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall, not later than September 30, 2023, and following the review
required under Executive Order No. 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review), issue advice revising
the advice provided in the notice of availability entitled ‘‘Advice
About Eating Fish, From the Environmental Protection Agency
and Food and Drug Administration; Revised Fish Advice; Availability’’ (82 Fed. Reg. 6571 (January 19, 2017)), in a manner that
is consistent with nutrition science recognized by the Food and
Drug Administration on the net effects of seafood consumption.
SEC. 764. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public Law
115–334: Provided, That the Secretary shall prioritize the wetland
compliance needs of areas with significant numbers of individual
wetlands, wetland acres, and conservation compliance requests.
SEC. 765. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior
to the effective date of the National Bioengineered Food Disclosure
Standard (February 19, 2019) shall include the words ‘‘genetically
engineered’’ prior to the existing acceptable market name.
SEC. 766. There is appropriated to the Department of Agriculture, for an additional amount for ‘‘Agricultural Programs—
Processing, Research, and Marketing—Office of the Secretary’’,
$5,000,000, which shall remain available until expended, for necessary expenses, under such terms and conditions determined by
the Secretary, related to testing soil, water, or agricultural products
for per- and polyfluoroalkyl substances (PFAS) at the request of
an agricultural producer, assisting agricultural producers affected
by PFAS contamination with costs related to mitigate the impacts
to their operation that have resulted from such contamination and
indemnifying agricultural producers for the value of unmarketable
crops, livestock, and other agricultural products related to PFAS
contamination: Provided, That the Secretary shall prioritize such
assistance to agricultural producers in states and territories that
have established a tolerance threshold for PFAS in a food or agricultural product: Provided further, That, not later than 90 days after
the end of fiscal year 2023, the Secretary shall submit a report
to the Congress specifying the type, amount, and method of such
assistance by state and territory and the status of the amounts
obligated and plans for further expenditure, and include improvements that can be made to U.S. Department of Agriculture programs, either administratively or legislatively, to increase support
for agricultural producers impacted by PFAS contamination and
to enhance scientific knowledge on PFAS uptake in crops and
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Deadline.
Fish and fishing.
Wetlands.
Conservation.
Genetic
engineering.
Reports.
PUBL328
136 STAT. 4508
Termination
date.
Continuation.
Urban and rural
areas.
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Coordination.
Publication.
Reports.
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PUBLIC LAW 117–328—DEC. 29, 2022
livestock and PFAS mitigation and remediation methods and
disseminate such knowledge to agricultural producers.
SEC. 767. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2023, an amount
of funds made available in title III under the headings of Rural
Housing Insurance Fund Program Account, Mutual and Self-Help
Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account,
Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones.
SEC. 768. There is hereby appropriated $500,000 to carry out
the duties of the working group established under section 770
of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 (Public Law
116–6; 133 Stat. 89).
SEC. 769. For an additional amount for the Office of the Secretary, $15,000,000, to remain available until expended, to continue
the Institute for Rural Partnerships as established in section 778
of Public Law 117–103: Provided, That the Institute for Rural
Partnerships shall continue to dedicate resources to researching
the causes and conditions of challenges facing rural areas, and
develop community partnerships to address such challenges: Provided further, That administrative or other fees shall not exceed
one percent: Provided further, That such partnership shall coordinate and publish an annual report.
SEC. 770. Of the unobligated balances from prior year appropriations made available under the heading ‘‘Farm Service Agency—
Agricultural Credit Insurance Fund Program Account’’, $73,000,000
are hereby rescinded.
SEC. 771. In addition to the amount of reimbursement for
administrative and operating expenses available for crop insurance
contracts described in subsection (a)(2)(F) of section III of the 2023
Standard Reinsurance Agreement (SRA) that cover agricultural
commodities described in section 101 of title I of the Specialty
Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note), there
is hereby appropriated $25,000,000, to remain available until
expended, to pay, with respect to such contracts for the 2021
reinsurance year, an amount that is equal to the difference between
the amount to be paid pursuant to the SRA for the applicable
reinsurance year and the amount that would be paid if such contracts were not subject to a reduction described in subsection
(a)(2)(G) of section III of the SRA but subject to a reimbursement
rate equal to 17.5 percent of the net book premium.
SEC. 772. For an additional amount for the ‘‘Office of the
Secretary’’, $1,300,000, to remain available until expended, for the
Secretary, in consultation with the Secretary of the Department
of Health and Human Services, to enter into an agreement with
the National Academies of Sciences, Engineering, and Medicine
to conduct a study of the eight topics and scientific questions
related to alcohol previously published by USDA and HHS and
other relevant topics: Provided, That the panel or panels established
by the National Academies Sciences, Engineering, and Medicine
to conduct the study shall operate in a fully transparent manner
and include a balanced representation of individuals who have
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That not later than eighteen months after the date of
enactment of this Act, the National Academies of Sciences,
Engineering, and Medicine shall submit its report to the Secretary
of Agriculture, the Secretary of Health and Human Services, and
the Congress of its systematic review and data analysis of the
eight research topics: Provided further, That the Secretary of Agriculture shall ensure that the 2025 Dietary Guidelines for Americans
process includes a recommendation for alcohol and shall be based
on the preponderance of scientific and medical knowledge consistent
with section 5341 of title 7 of United States Code: Provided further,
That the Secretary of Agriculture shall ensure the process is fully
transparent and includes a balanced representation of individuals
who are unbiased and free from conflicts of interest.
SEC. 773. The Secretary, as part of the report on foreign landholding required under the Agricultural Foreign Investment Disclosure Act (Public Law 95–460), shall report to Congress on foreign
investments in agricultural land in the United States, including
the impact foreign ownership has on family farms, rural communities, and the domestic food supply: Provided, That within 3 years
after the enactment of this Act, the Secretary shall establish a
streamlined process for electronic submission and retention of
disclosures made under the Agricultural Foreign Investment Disclosure Act, including an internet database that contains disaggregated
data from each disclosure submitted: Provided further, That all
prior year disclosures of foreign investments in agricultural land
in the United States are published in the database: Provided further, That the plan includes a process to ensure the protection
of personally identifiable information and that all disclosures of
foreign investments in agricultural land on the USDA website be
disaggregated by: (1) in any case in which such foreign person
is an individual, the citizenship of such foreign person; and (2)
in any case in which such foreign person is not an individual
or a government, the nature of the legal entity holding the interest,
the country in which such foreign person is created or organized,
and the principal place of business of such foreign person.
SEC. 774. Notwithstanding any other provision of law, the
common name ‘‘Kanpachi’’ shall serve as an acceptable market
name under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.) for labeling and marketing of ocean-farmed Seriola
rivoliana.
SEC. 775. In this or any subsequent fiscal year, the Secretary
of Homeland Security shall transfer to the Secretary of Agriculture
the operation of and all property required to operate the National
Bio- and Agro-Defense Facility in Manhattan, Kansas: Provided,
That, such transfer of function shall include the transfer of up
to 40 full time equivalent positions, to be completed within 120
days of the effective date of the transfer of function, as jointly
determined by the Secretaries.
SEC. 776. (a) Section 260 of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1636i) is amended by striking ‘‘2022’’ and inserting
‘‘2023’’.
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Reports.
Recommendations.
Alcohol and
alcoholic
beverages.
Reports.
Foreign
investments.
Disclosures.
7 USC 3501 note.
Deadline.
Records.
Data.
Publication.
Plan.
Privacy.
Kanpachi.
Kansas.
6 USC 190 note.
Deadline.
Determinations.
PUBL328
136 STAT. 4510
PUBLIC LAW 117–328—DEC. 29, 2022
(b) Section 942 of the Livestock Mandatory Reporting Act of
1999 (7 U.S.C. 1635 note; Public Law 106–78) is amended by
striking ‘‘2022’’ and inserting ‘‘2023’’.
SEC. 777. Section 18(g) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)) is amended by striking ‘‘Access
to Local Foods: Farm to School Program.’’ and inserting ‘‘Access
to Local Foods: Patrick Leahy Farm to School Program’’.
SEC. 778. Notwithstanding 7 U.S.C. 1991(a)(13), the Secretary
shall consider a city or town to be a rural area for the purposes
of eligibility for a guaranteed loan funded through the Rural
Community Facilities Program Account if the project to be funded
received a prior loan from such account in fiscal year 2021.
SEC. 779. Of the unobligated balances in the ‘‘Nonrecurring
Expenses Fund’’ established in section 742 of division A of Public
Law 113–235, $150,000,000 are hereby rescinded not later than
September 30, 2023.
SEC. 780. Funds made available in the Consolidated Appropriations Act, 2018 (Public Law 115–141) for the ‘‘Rural Community
Facilities Program Account’’ under section 306 of the Consolidated
Farm and Rural Development Act, 7 U.S.C. 1926, for the principal
amount of direct loans are to remain available through fiscal year
2028 for the liquidation of valid obligations incurred in fiscal year
2018.
SEC. 781. Of the unobligated balances from amounts made
available to carry out section 749(g) of the Agricultural Appropriations Act of 2010 (Public Law 111–80), $80,000,000 are hereby
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023’’.
Deadline.
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2023
Commerce,
Justice, Science,
and Related
Agencies
Appropriations
Act, 2023.
Department of
Commerce
Appropriations
Act, 2023.
TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the provisions of the first sentence of section 105(f) and all of section 108(c)
of the Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange
Act of 1961 shall include payment for assessments for services
provided as part of these activities: Provided further, That, of
amounts provided under this heading, up to $3,000,000, to remain
available until expended, shall be for the purpose of carrying out
a pilot fellowship program of the United States Commercial Service
under which the Secretary of Commerce may make competitive
grants to appropriate institutions of higher education or students
to increase the level of knowledge and awareness of, and interest
in employment with, that Service among minority students: Provided further, That any grants awarded under such program shall
be made pursuant to regulations to be prescribed by the Secretary,
which shall require as a condition of the initial receipt of grant
funds, a commitment by prospective grantees to accept full-time
employment in the Global Markets unit of the International Trade
Administration upon the completion of participation in the program.
BUREAU
OF INDUSTRY AND
Applicability.
Assessments.
Grants.
Regulations.
Requirement.
SECURITY
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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
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PUBL328
136 STAT. 4512
Applicability.
Public
information.
PUBLIC LAW 117–328—DEC. 29, 2022
National Defense Authorization Act for Fiscal Year 2019; Public
Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as
authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $191,000,000,
of which $76,000,000 shall remain available until expended: Provided, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply
in carrying out these activities: Provided further, That payments
and contributions collected and accepted for materials or services
provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information
to the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by sections
27, 28, 29, and 30 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3722, 3722a, 3722b, and 3723), as amended,
$430,000,000 to remain available until expended, of which
$50,000,000 shall be for grants under section 27, $41,000,000 shall
be for grants under section 28, $41,000,000 shall be for grants
under section 29 in amounts determined by the Secretary, and
$2,500,000 shall be for grants under section 30: Provided, That
any deviation from the amounts designated for specific activities
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section
505 of this Act.
SALARIES AND EXPENSES
For necessary expenses of administering the economic development assistance programs as provided for by law, $68,000,000:
Provided, That funds provided under this heading may be used
to monitor projects approved pursuant to title I of the Public Works
Employment Act of 1976; title II of the Trade Act of 1974; sections
27 through 30 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722–3723), as amended; and the Community
Emergency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
ECONOMIC
AND
136 STAT. 4513
STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$130,000,000, to remain available until September 30, 2024.
BUREAU
OF THE
CENSUS
CURRENT SURVEYS AND PROGRAMS
For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $330,000,000:
Provided, That, from amounts provided herein, funds may be used
for promotion, outreach, and marketing activities.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics for periodic censuses and programs
provided for by law, $1,155,000,000, to remain available until September 30, 2024: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
$62,000,000, to remain available until September 30, 2024: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of
Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and
such fees shall be retained and used as offsetting collections for
costs of such spectrum services, to remain available until expended:
Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds transferred,
or previously transferred, from other Government agencies for all
costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences
of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies
shall remain available until expended.
Fees.
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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.
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PUBL328
136 STAT. 4514
PUBLIC LAW 117–328—DEC. 29, 2022
UNITED STATES PATENT
AND
TRADEMARK OFFICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Reduction.
Reduction.
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Spending plan.
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For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO, $4,253,404,000,
to remain available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as offsetting
collections of fees and surcharges assessed and collected by the
USPTO under any law are received during fiscal year 2023, so
as to result in a fiscal year 2023 appropriation from the general
fund estimated at $0: Provided further, That during fiscal year
2023, should the total amount of such offsetting collections be
less than $4,253,404,000, this amount shall be reduced accordingly:
Provided further, That any amount received in excess of
$4,253,404,000 in fiscal year 2023 and deposited in the Patent
and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall
submit a spending plan to the Committees on Appropriations of
the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States Patent
and Trademark Office ‘‘Salaries and Expenses’’ account: Provided
further, That the budget of the President submitted for fiscal year
2024 under section 1105 of title 31, United States Code, shall
include within amounts provided under this heading for necessary
expenses of the USPTO any increases that are expected to result
from an increase promulgated through rule or regulation in offsetting collections of fees and surcharges assessed and collected by
the USPTO under any law in either fiscal year 2023 or fiscal
year 2024: Provided further, That from amounts provided herein,
not to exceed $13,500 shall be made available in fiscal year 2023
for official reception and representation expenses: Provided further,
That in fiscal year 2023 from the amounts made available for
‘‘Salaries and Expenses’’ for the USPTO, the amounts necessary
to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title
5, United States Code, and the normal cost percentage (as defined
by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO’s specific use, of basic pay,
of employees subject to subchapter III of chapter 83 of that title,
and (2) the present value of the otherwise unfunded accruing costs,
as determined by OPM for USPTO’s specific use of post-retirement
life insurance and post-retirement health benefits coverage for all
USPTO employees who are enrolled in Federal Employees Health
Benefits (FEHB) and Federal Employees Group Life Insurance
(FEGLI), shall be transferred to the Civil Service Retirement and
Disability Fund, the FEGLI Fund, and the Employees FEHB Fund,
as appropriate, and shall be available for the authorized purposes
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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):
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PUBL328
136 STAT. 4516
Spending plan.
Budget
estimates.
Time periods.
15 USC 1513b
note.
PUBLIC LAW 117–328—DEC. 29, 2022
Provided further, That up to one percent of amounts made available
for the projects referenced in the preceding proviso may be used
for the administrative costs of such projects: Provided further, That
the Director of the National Institute of Standards and Technology
shall submit a spending plan to the Committees on Appropriations
of the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall include in the budget
justification materials for fiscal year 2024 that the Secretary submits to Congress in support of the Department of Commerce budget
(as submitted with the budget of the President under section 1105(a)
of title 31, United States Code) an estimate for each National
Institute of Standards and Technology construction project having
a total multi-year program cost of more than $5,000,000, and
simultaneously the budget justification materials shall include an
estimate of the budgetary requirements for each such project for
each of the 5 subsequent fiscal years.
NATIONAL OCEANIC
AND
ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
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(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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Budget
estimates.
Time periods.
15 USC 1513a
note.
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PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available until
September 30, 2024: Provided, That, of the funds provided herein,
the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the
federally recognized Tribes of the Columbia River and Pacific Coast
(including Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed,
for maintaining populations necessary for exercise of Tribal treaty
fishing rights or native subsistence fishing, or for conservation
of Pacific coastal salmon and steelhead habitat, based on guidelines
to be developed by the Secretary of Commerce: Provided further,
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Grants.
State listing.
Native
Americans.
Guidelines.
PUBL328
136 STAT. 4518
PUBLIC LAW 117–328—DEC. 29, 2022
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
Time period.
Reimbursement.
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $95,000,000: Provided,
That no employee of the Department of Commerce may be detailed
or assigned from a bureau or office funded by this Act or any
other Act to offices within the Office of the Secretary of the Department of Commerce for more than 180 days in a fiscal year unless
the individual’s employing bureau or office is fully reimbursed for
the salary and expenses of the employee for the entire period
of assignment using funds provided under this heading: Provided
further, That amounts made available to the Department of Commerce in this or any prior Act may not be transferred pursuant
to section 508 of this or any prior Act to the account funded
under this heading, except in the case of extraordinary circumstances that threaten life or property.
RENOVATION AND MODERNIZATION
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,142,000.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4519
addition to such other funds as may be available for such purposes:
Provided further, That any unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund, as authorized by section 111 of title
I of division B of Public Law 116–93, may be obligated only after
the Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of the
planned use of funds.
Notification.
Time period.
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
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(INCLUDING TRANSFER OF FUNDS)
SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary of Commerce
shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department of Commerce.
SEC. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2012 (Public Law 112–55), as amended by section 105 of
title I of division B of Public Law 113–6, are hereby adopted
by reference and made applicable with respect to fiscal year 2023:
Provided, That the life cycle cost for the Joint Polar Satellite System
is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary
Operational Environmental Satellite R-Series Program is
$11,700,100,000, and the life cycle cost for the Space Weather
Follow On Program is $692,800,000.
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Certification.
Notification.
Time period.
Incorporation by
reference.
Applicability.
33 USC 878a
note.
PUBL328
136 STAT. 4520
Reimbursement.
Child
pornography.
Reimbursement.
Records.
Fee.
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Grants.
Contracts.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not
limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement
of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other
authority, to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance, operation,
and protection of which has been delegated to the Secretary from
the Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a reimbursable
or non-reimbursable basis. Amounts received as reimbursement
for services provided under this section or the authority under
which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
SEC. 106. Nothing in this title shall be construed to prevent
a grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
SEC. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of
any department, agency, or instrumentality of the United States,
or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of
any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration.
SEC. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has provided
information to the customer on how an electronic copy of such
report or document may be accessed and downloaded for free online.
Should a customer still require the Service to provide a printed
or digital copy of the report or document, the charge shall be
limited to recovering the Service’s cost of processing, reproducing,
and delivering such report or document.
SEC. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land,
services, equipment, personnel, and facilities provided by; and (3)
receive and expend funds made available on a consensual basis
from: a Federal agency, State or subdivision thereof, local government, Tribal government, Territory, or possession or any subdivisions thereof: Provided, That funds received for permitting and
related regulatory activities pursuant to this section shall be deposited under the heading ‘‘National Oceanic and Atmospheric
Administration—Operations, Research, and Facilities’’ and shall
remain available until September 30, 2024, for such purposes: Provided further, That all funds within this section and their corresponding uses are subject to section 505 of this Act.
SEC. 110. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided
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PUBLIC LAW 117–328—DEC. 29, 2022
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. 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
Waiver authority.
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
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
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PUBL328
136 STAT. 4522
PUBLIC LAW 117–328—DEC. 29, 2022
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 immigrationrelated 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
Term extension.
For necessary expenses of the United States Parole Commission
as authorized, $14,591,000: Provided, That, notwithstanding any
other provision of law, upon the expiration of a term of office
of a Commissioner, the Commissioner may continue to act until
a successor has been appointed.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
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(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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ‘‘Salaries and Expenses, General Legal Activities’’
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to the Civil
Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act
of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel
Management for such salaries and expenses: Provided further, That
of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended:
Provided further, That any funds provided under this heading in
prior year appropriations Acts that remain available to the Civil
Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act
of 1965 (52 U.S.C. 10305) may also be used to carry out any
authorized purposes of the Civil Rights Division: Provided further,
That amounts repurposed by the preceding proviso may not be
used to increase the number of permanent positions.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, $31,738,000, to be appropriated from the Vaccine Injury Compensation Trust Fund and
to remain available until expended.
Determination.
Reimbursement.
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SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $225,000,000, to remain available until expended,
of which not to exceed $5,000 shall be available for official reception
and representation expenses: Provided, That notwithstanding any
other provision of law, fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act
of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $190,000,000 in fiscal year 2023), shall be retained
and used for necessary expenses in this appropriation, and shall
remain available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year 2023,
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Fees.
Reduction.
PUBL328
136 STAT. 4524
PUBLIC LAW 117–328—DEC. 29, 2022
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
Human
trafficking.
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements, $2,632,000,000: Provided, That of the total amount appropriated, not to exceed $19,600 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$40,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate
in a task force on human trafficking.
UNITED STATES TRUSTEE SYSTEM FUND
Reduction.
For necessary expenses of the United States Trustee Program,
as authorized, $255,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits
of discretionary offsetting collections to the United States Trustee
System Fund and amounts herein appropriated shall be available
in such amounts as may be necessary to pay refunds due depositors:
Provided further, That, notwithstanding any other provision of law,
fees deposited into the Fund as discretionary offsetting collections
pursuant to section 589a of title 28, United States Code (as limited
by section 589a(f)(2) of title 28, United States Code), shall be
retained and used for necessary expenses in this appropriation
and shall remain available until expended: Provided further, That
to the extent that fees deposited into the Fund as discretionary
offsetting collections in fiscal year 2023, net of amounts necessary
to pay refunds due depositors, exceed $255,000,000, those excess
amounts shall be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That
the sum herein appropriated from the general fund shall be reduced
(1) as such fees are received during fiscal year 2023, net of amounts
necessary to pay refunds due depositors, (estimated at $269,000,000)
and (2) to the extent that any remaining general fund appropriations can be derived from amounts deposited in the Fund as discretionary offsetting collections in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2023
appropriation from the general fund estimated at $0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by section 3109 of title 5, United States Code, $2,504,000.
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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,
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Determination.
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.
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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.
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PUBL328
136 STAT. 4526
PUBLIC LAW 117–328—DEC. 29, 2022
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Determination.
For expenses necessary to carry out the activities of the
National Security Division, $133,512,000, of which not to exceed
$5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for the activities
of the National Security Division, the Attorney General may
transfer such amounts to this heading from available appropriations
for the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
Reimbursement.
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include
inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and drug
trafficking, $550,458,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
FEDERAL BUREAU
OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States, $10,676,000,000, of which not to exceed $216,900,000
shall remain available until expended: Provided, That not to exceed
$284,000 shall be available for official reception and representation
expenses.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBL328
136 STAT. 4528
PUBLIC LAW 117–328—DEC. 29, 2022
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)
42 USC 250a.
Contracts.
Determination.
Donations.
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $8,392,588,000: Provided, That not less than $409,483,000
shall be for the programs and activities authorized by the First
Step Act of 2018 (Public Law 115–391), of which not less than
2 percent shall be transferred to and merged with the appropriation
for ‘‘Office of Justice Programs—Research, Evaluation and Statistics’’ for the National Institute of Justice to carry out evaluations
of programs and activities related to the First Step Act of 2018:
Provided further, That the Attorney General may transfer to the
Department of Health and Human Services such amounts as may
be necessary for direct expenditures by that Department for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System,
where necessary, may enter into contracts with a fiscal agent or
fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish
health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available until expended for necessary operations: Provided further, That,
of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses: Provided further, That the Director
of the Federal Prison System may accept donated property and
services relating to the operation of the prison card program from
a not-for-profit entity which has operated such program in the
past, notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway houses,
or other custodial facilities.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4529
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and
borrowing authority available, and in accord with the law, and
to make such contracts and commitments without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corporation.
Contracts.
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
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(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
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PUBL328
136 STAT. 4530
Grants.
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Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
Public Law 117–103) (‘‘the 2022 Act’’); and for related victims services, $700,000,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed 5 percent
of funds made available under this heading may be used for
expenses related to evaluation, training, and technical assistance:
Provided further, That of the amount provided—
(1) $255,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act, and any
applicable increases for the amount of such grants, as authorized by section 5903 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023: Provided, That
$10,000,000 shall be for any such increases under such section
5903, which shall apply to fiscal year 2023 grants funded by
amounts provided in this paragraph;
(2) $50,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994
Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ‘‘Research, Evaluation
and Statistics’’ for administration by the Office of Justice Programs;
(4) $17,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs
to engage men and youth in preventing such violence; and
assistance to middle and high school students through education and other services related to such violence, of which
$3,500,000 is to engage men and youth in preventing domestic
violence, dating violence, sexual assault, and stalking: Provided,
That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994
Act, prior to its amendment by the 2013 Act, shall be available
for this program: Provided further, That 10 percent of the
total amount available for this grant program shall be available
for grants under the program authorized by section 2015 of
the 1968 Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $60,500,000 is for grants to improve the criminal justice
response as authorized by part U of title I the 1968 Act,
of which $4,000,000 is for a homicide reduction initiative; up
to $4,000,000 is for a domestic violence lethality reduction
initiative; $8,000,000 is for an initiative to promote effective
policing and prosecution responses to domestic violence, dating
violence, sexual assault, and stalking, including evaluation of
the effectiveness of funded interventions (‘‘Policing and Prosecution Initiative’’); and $1,000,000 is for an initiative to enhance
prosecution and investigation of online abuse and harassment
(‘‘Prosecution and Investigation of Online Abuse Initiative’’):
Provided, That subsections (c) and (d) of section 2101 of the
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the grant conditions in section 40002(b) of the
1994 Act shall apply to grants made;
(17) $2,500,000 is for the purposes authorized under the
2015 Act;
(18) $15,000,000 is for a grant program to support restorative justice responses to domestic violence, dating violence,
sexual assault, and stalking, including evaluations of those
responses: Provided, That the definitions and grant conditions
in section 109 of the 2022 Act, shall apply to this program;
(19) $11,000,000 is for culturally specific services for victims, as authorized by section 121 of the 2005 Act;
(20) $3,000,000 is for an initiative to support cross-designation of tribal prosecutors as Tribal Special Assistant United
States Attorneys: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this initiative;
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Applicability.
Applicability.
Applicability.
PUBL328
136 STAT. 4532
PUBLIC LAW 117–328—DEC. 29, 2022
(21) $1,000,000 is for an initiative to support victims of
domestic violence, dating violence, sexual assault, and stalking,
including through the provision of technical assistance, as
authorized by section 206 of the 2022 Act: Provided, That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this initiative;
(22) $2,000,000 is for a National Deaf Services Line to
provide remote services to Deaf victims of domestic violence,
dating violence, sexual assault, and stalking: Provided, That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this service line;
(23) $5,000,000 is for grants for outreach and services
to underserved populations, as authorized by section 120 of
the 2005 Act;
(24) $4,000,000 is for an initiative to provide financial
assistance to victims, including evaluation of the effectiveness
of funded projects: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this initiative;
(25) $5,000,000 is for trauma-informed, victim-centered
training for law enforcement, and related research and evaluation activities, as authorized by section 41701 of the 1994
Act; and
(26) $1,500,000 is for a pilot program to improve victim
services on college campuses.
Applicability.
Applicability.
Applicability.
OFFICE
OF
JUSTICE PROGRAMS
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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—
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PUBLIC LAW 117–328—DEC. 29, 2022
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 schoolbased 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
kcroghan on LAP7511N33PROD with PUBLAWS
(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
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136 STAT. 4534
PUBLIC LAW 117–328—DEC. 29, 2022
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;
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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136 STAT. 4536
PUBLIC LAW 117–328—DEC. 29, 2022
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
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PUBLIC LAW 117–328—DEC. 29, 2022
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 JabaraHeyer 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
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136 STAT. 4538
PUBLIC LAW 117–328—DEC. 29, 2022
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.
kcroghan on LAP7511N33PROD with PUBLAWS
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;
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Determination.
COMMUNITY ORIENTED POLICING SERVICES
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
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(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
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136 STAT. 4540
Drugs and drug
abuse.
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Drugs and drug
abuse.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 antiopioid activities: Provided further, That of the amounts appropriated under this paragraph, $44,000,000 is for regional
information sharing activities, as authorized by part M of title
I of the 1968 Act, which shall be transferred to and merged
with ‘‘Research, Evaluation, and Statistics’’ for administration
by the Office of Justice Programs: Provided further, That of
the amounts appropriated under this paragraph, no less than
$4,000,000 is to support the Tribal Access Program: Provided
further, That of the amounts appropriated under this paragraph, $10,000,000 is for training, peer mentoring, mental
health program activities, and other support services as authorized under the LEMHW Act and the STOIC Act: Provided
further, That of the amounts appropriated under this paragraph, $7,500,000 is for the collaborative reform model of technical assistance in furtherance of section 1701 of title I of
the 1968 Act (34 U.S.C. 10381);
(2) $12,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114–199);
(3) $16,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and laboratory dump seizures: Provided, That funds appropriated under
this paragraph shall be utilized for investigative purposes to
locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration;
(5) $53,000,000 is for competitive grants to be administered
by the Community Oriented Policing Services Office for purposes authorized under the STOP School Violence Act (title
V of division S of Public Law 115–141);
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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(INCLUDING TRANSFER OF FUNDS)
SEC. 201. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 202. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.
SEC. 203. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 203 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section: Provided further, That
this section shall not apply to the following—
(1) paragraph 1(Q) under the heading ‘‘State and Local
Law Enforcement Assistance’’; and
(2) paragraph (7) under the heading ‘‘Community Oriented
Policing Services Programs’’.
SEC. 206. None of the funds made available under this title
may be used by the Federal Bureau of Prisons or the United
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Abortion.
Abortion.
Prisons and
prisoners.
Abortion.
Prisons and
prisoners.
PUBL328
136 STAT. 4542
Prisons and
prisoners.
Certification.
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Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high
security prisoner, other than to a prison or other facility certified
by the Federal Bureau of Prisons as appropriately secure for
housing such a prisoner.
SEC. 207. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television services,
or to rent or purchase audiovisual or electronic media or equipment
used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance,
or purchase of audiovisual or electronic media or equipment for
inmate training, religious, or educational programs.
SEC. 208. None of the funds made available under this title
shall be obligated or expended for any new or enhanced information
technology program having total estimated development costs in
excess of $100,000,000, unless the Deputy Attorney General and
the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that
the information technology program has appropriate program
management controls and contractor oversight mechanisms in place,
and that the program is compatible with the enterprise architecture
of the Department of Justice.
SEC. 209. The notification thresholds and procedures set forth
in section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), and to any use of deobligated balances
of funds provided under this title in previous years.
SEC. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or approve
a public-private competition under the Office of Management and
Budget Circular A–76 or any successor administrative regulation,
directive, or policy for work performed by employees of the Bureau
of Prisons or of Federal Prison Industries, Incorporated.
SEC. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title
28, United States Code.
SEC. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated
by this title under the headings ‘‘Research, Evaluation and Statistics’’, ‘‘State and Local Law Enforcement Assistance’’, and ‘‘Juvenile
Justice Programs’’—
(1) up to 2 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant
or reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute
of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National
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PUBLIC LAW 117–328—DEC. 29, 2022
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. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the Attorney
General may, with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2020 through 2023
for the following programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination
Act of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
SEC. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not
apply to amounts made available by this or any other Act.
SEC. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a
drug cartel, unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
SEC. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public Law
102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available
for obligation during fiscal year 2023, except up to $12,000,000
may be obligated for implementation of a unified Department of
Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102–140 (105 Stat.
784; 28 U.S.C. 527 note) shall be available for obligation in fiscal
year 2023, and any use, obligation, transfer, or allocation of such
funds shall be treated as a reprogramming of funds under section
505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2023, and any
use, obligation, transfer or allocation of such funds shall be treated
as a reprogramming of funds under section 505 of this Act.
SEC. 217. Discretionary funds that are made available in this
Act for the Office of Justice Programs may be used to participate
in Performance Partnership Pilots authorized under such authorities as have been enacted for Performance Partnership Pilots in
appropriations acts in prior fiscal years and the current fiscal
year.
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Determination.
Time period.
Waiver authority.
Firearms.
PUBL328
136 STAT. 4544
Time period.
Reports.
Live tissue.
Determination.
Alabama.
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 218. The Attorney General shall submit to the Committees
on Appropriations of the House of Representatives and the Senate
quarterly reports on the Crime Victims Fund, the Working Capital
Fund, the Three Percent Fund, and the Asset Forfeiture Fund.
Such quarterly reports shall contain at least the same level of
information and detail for each Fund as was provided to the
Committees on Appropriations of the House of Representatives and
the Senate in fiscal year 2022.
SEC. 219. Section 3201 of Public Law 101–647, as amended
(28 U.S.C. 509 note), is hereby amended: (1) by striking ‘‘or the
Immigration and Naturalization Service’’ and inserting ‘‘the Federal
Prison System, the Bureau of Alcohol, Tobacco, Firearms and Explosives, or the United States Marshals Service’’; and (2) by striking
‘‘$25,000’’ and inserting ‘‘$50,000’’.
SEC. 220. None of the funds made available under this Act
may be used to conduct, contract for, or otherwise support, live
tissue training, unless the Attorney General issues a written, nondelegable determination that such training is medically necessary
and cannot be replicated by alternatives.
SEC. 221. (a) DESIGNATION.—The facilities of the Federal
Bureau of Investigation at Redstone Arsenal, Alabama, shall be
known and designated as the ‘‘Richard Shelby Center for Innovation
and Advanced Training’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facilities of the Federal Bureau of Investigation at Redstone Arsenal
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Richard Shelby Center for Innovation and Advanced
Training’’.
This title may be cited as the ‘‘Department of Justice Appropriations Act, 2023’’.
TITLE III
Science
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.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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SPACE TECHNOLOGY
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$1,200,000,000, to remain available until September 30, 2024: Provided, That $227,000,000 shall be for On-orbit Servicing, Assembly,
and Manufacturing 1: Provided further, That $110,000,000 shall
be for the development, production, and demonstration of a nuclear
thermal propulsion system, of which not less than $45,000,000
shall be for reactor development, not less than $45,000,000 shall
be for fuel materials development, and not less than $20,000,000
shall be for non-nuclear systems development and acquisition planning: Provided further, That, not later than 180 days after the
enactment of this Act, the National Aeronautics and Space Administration shall provide a plan for the design of a flight demonstration.
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Deadline.
Plan.
PUBL328
136 STAT. 4546
PUBLIC LAW 117–328—DEC. 29, 2022
EXPLORATION
Time period.
Budget profile.
For necessary expenses, not otherwise provided for, in the
conduct and support of Artemis Campaign Development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $7,468,850,000, to remain
available until September 30, 2024: Provided, That not less than
$1,338,700,000 shall be for the Orion Multi-Purpose Crew Vehicle:
Provided further, That not less than $2,600,000,000 shall be for
the Space Launch System (SLS) launch vehicle, which shall have
a lift capability not less than 130 metric tons and which shall
have core elements and an Exploration Upper Stage developed
simultaneously to be used to the maximum extent practicable,
including for Earth to Moon missions and Moon landings: Provided
further, That of the amounts provided for SLS, not less than
$600,000,000 shall be for SLS Block 1B development including
the Exploration Upper Stage and associated systems including
related facilitization, to support an SLS Block 1B mission available
to launch in 2025 in addition to the planned Block 1 missions
for Artemis I through Artemis III: Provided further, That
$799,150,000 shall be for Exploration Ground Systems and associated Block 1B activities, including up to $281,350,000 for a second
mobile launch platform: Provided further, That the National Aeronautics and Space Administration shall provide to the Committees
on Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget
profile for an integrated system that includes the SLS, the Orion
Multi-Purpose Crew Vehicle, and associated ground systems that
will ensure a crewed launch as early as possible, as well as a
system-based funding profile for a sustained launch cadence that
contemplates the use of an SLS Block 1B cargo variant with an
8.4 meter fairing and associated ground systems: Provided further,
That $2,600,300,000 shall be for Artemis Campaign Development.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBL328
136 STAT. 4548
Contracts.
Time period.
51 USC 20145
note.
Budget request.
Estimate.
51 USC 30103
note.
PUBLIC LAW 117–328—DEC. 29, 2022
condemnation of real property, as authorized by law, and environmental compliance and restoration, $47,300,000, to remain available
until September 30, 2028: Provided, That proceeds from leases
deposited into this account shall be available for a period of 5
years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in
the preceding proviso shall be available for obligation for fiscal
year 2023 in an amount not to exceed $25,000,000: Provided further,
That each annual budget request shall include an annual estimate
of gross receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United States Code.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $47,600,000, of
which $500,000 shall remain available until September 30, 2024.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
51 USC 20144
note.
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Spending plan.
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Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a prize is
claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers. Any funds transferred to ‘‘Construction and Environmental Compliance and Restoration’’ for construction activities shall
not increase that account by more than 50 percent and any funds
transferred to or within ‘‘Exploration’’ for Exploration Ground Systems shall not increase Exploration Ground Systems by more than
$49,300,000. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation
except in compliance with the procedures set forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or expenditure in fiscal year 2023 may be transferred between such appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers. Any transfer pursuant to this provision shall retain its
original availability and shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set forth
in that section.
The spending plan required by this Act shall be provided by
the National Aeronautics and Space Administration at the theme,
program, project, and activity level. The spending plan, as well
as any subsequent change of an amount established in that
spending plan that meets the notification requirements of section
505 of this Act, shall be treated as a reprogramming under section
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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
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136 STAT. 4550
PUBLIC LAW 117–328—DEC. 29, 2022
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
Contracts.
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42 U.S.C.
1861 et seq.); services authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; rental of conference rooms in the District
of Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $448,000,000: Provided, That
not to exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered into
under this heading in fiscal year 2023 for maintenance and operation of facilities and for other services to be provided during
the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts
and consultants under section 3109 of title 5, United States Code)
involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42
U.S.C. 1880 et seq.), $5,090,000: Provided, That not to exceed
$2,500 shall be available for official reception and representation
expenses.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days in advance of any planned
divestment through transfer, decommissioning, termination, or
deconstruction of any NSF-owned facilities or any NSF capital
assets (including land, structures, and equipment) valued greater
than $2,500,000.
There is hereby established in the Treasury of the United
States a fund to be known as the ‘‘National Science Foundation
Nonrecurring Expenses Fund’’ (the Fund). Unobligated balances
of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to
the National Science Foundation by this or any other Act may
be transferred (not later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated) into the Fund. Amounts deposited
in the Fund shall be available until expended, and in addition
to such other funds as may be available for such purposes, for
information and business technology system modernization and
facilities infrastructure improvements, including nonrecurring
maintenance, necessary for the operation of the Foundation or
its funded research facilities, subject to approval by the Office
of Management and Budget. Amounts in the Fund may be obligated
only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance
of the planned use of funds.
This title may be cited as the ‘‘Science Appropriations Act,
2023’’.
Notification.
Time period.
42 USC 1875a.
Notification.
Time period.
TITLE IV
RELATED AGENCIES
COMMISSION
ON
CIVIL RIGHTS
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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
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136 STAT. 4552
Donations.
PUBLIC LAW 117–328—DEC. 29, 2022
days: Provided further, That the Chair may accept and use any
gift or donation to carry out the work of the Commission: Provided
further, That none of the funds appropriated in this paragraph
shall be used for any activity or expense that is not explicitly
authorized by section 3 of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a): Provided further, That notwithstanding
the preceding proviso, $2,000,000 shall be used to separately fund
the Commission on the Social Status of Black Men and Boys.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
Workforce
proposals.
Notification.
Donations.
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights
Act of 1991, the Genetic Information Nondiscrimination Act (GINA)
of 2008 (Public Law 110–233), the ADA Amendments Act of 2008
(Public Law 110–325), and the Lilly Ledbetter Fair Pay Act of
2009 (Public Law 111–2), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code;
nonmonetary awards to private citizens; and up to $31,500,000
for payments to State and local enforcement agencies for authorized
services to the Commission, $455,000,000: Provided, That the
Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available
funds: Provided further, That the Commission may take no action
to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of
the House of Representatives and the Senate have been notified
of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair
may accept and use any gift or donation to carry out the work
of the Commission.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to
exceed $2,250 for official reception and representation expenses,
$122,400,000, to remain available until expended.
LEGAL SERVICES CORPORATION
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Applicability.
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
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(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.
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136 STAT. 4554
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Propaganda.
Contracts.
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Contracts.
Notification.
Time period.
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SEC. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2023, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
or initiates a new program, project, or activity; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs, or activities; (6) contracts out
or privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects, or
activities in excess of $500,000 or 10 percent, whichever is less,
or reduces by 10 percent funding for any program, project, or
activity, or numbers of personnel by 10 percent; or (8) results
from any general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
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PUBLIC LAW 117–328—DEC. 29, 2022
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. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a label
bearing a ‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to the United
States that is not made in the United States, the person shall
be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act
shall be used to purchase items that are manufactured, produced,
or assembled in the United States, its territories or possessions.
(2) The term ‘‘promotional items’’ has the meaning given the
term in OMB Circular A–87, Attachment B, Item (1)(f)(3).
SEC. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly
report on the status of balances of appropriations at the account
level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from
which the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately identify
amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect
of a reporting requirement described in subsection (a) due to a
limitation of a current accounting system, the department or agency
shall fulfill such aspect to the maximum extent practicable under
such accounting system and shall identify and describe in each
quarterly report the extent to which such aspect is not fulfilled.
SEC. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions
taken in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care
and protection of loan collateral or grant property.
SEC. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
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Determination.
Definition.
Time period.
Reports.
Applicability.
Tobacco and
tobacco products.
PUBL328
136 STAT. 4556
34 USC 20101
note.
Discrimination.
Audits.
Reports.
Deadline.
Public
information.
Web posting.
Certification.
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Effective date.
Determination.
Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402
of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101)
in any fiscal year in excess of $1,900,000,000 shall not be available
for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred
to the Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes associated with this section; and (2) 5 percent shall be available to
the Office for Victims of Crime for grants, consistent with the
requirements of the Victims of Crime Act, to Indian Tribes to
improve services for victims of crime.
SEC. 511. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant to
the Inspector General Act (5 U.S.C. App.), of grants or contracts
for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may
include preliminary findings and a description of areas of particular
interest, within 180 days after initiating such an audit and every
180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President,
as appropriate, shall make the results of the audit available to
the public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The
results shall be made available in redacted form to exclude—
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary
of Commerce, the Attorney General, the Administrator, Director,
or President, as appropriate, certifying that no funds derived from
the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial
interest in the person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director
of the Office of Management and Budget, in consultation with
the Director of the Office of Government Ethics, determines that
a uniform set of rules and requirements, substantially similar to
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PUBLIC LAW 117–328—DEC. 29, 2022
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. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology’s (NIST) Federal Information Processing Standard
Publication 199, ‘‘Standards for Security Categorization of Federal
Information and Information Systems’’ unless the agency has—
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyberespionage 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 moderateimpact information system reviewed and assessed under subsection
(a) unless the head of the assessing entity described in subsection
(a) has—
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI,
that the acquisition of such system is in the national interest
of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
SEC. 515. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United States
Government.
SEC. 516. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade agreement the text of—
(1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States–Morocco
Free Trade Agreement.
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Reviews.
Assessment.
Cyber threats.
Country listing.
Mitigation
strategy.
Determination.
Reports.
Torture.
PUBL328
136 STAT. 4558
National security
letter.
Notifications.
Deadline.
Determination.
Statement.
Cost estimates.
Contracts.
Grants.
Certification.
Taxes.
Time periods.
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 517. None of the funds made available in this Act may
be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau
of Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act
of 2015; and the laws amended by these Acts.
SEC. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more
than $75,000,000 has reasonable cause to believe that the total
program cost has increased by 10 percent or more, the program
manager shall immediately inform the respective Secretary,
Administrator, or Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was
made; a statement of the reasons for such increases; the action
taken and proposed to be taken to control future cost growth of
the project; changes made in the performance or schedule milestones
and the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new estimates
of the total project or procurement costs; and a statement validating
that the project’s management structure is adequate to control
total project or procurement costs.
SEC. 519. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or intelligence
related activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 3094) during fiscal year 2023 until the enactment
of the Intelligence Authorization Act for fiscal year 2023.
SEC. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee certifies
in writing to the agency awarding the contract or grant that,
to the best of its knowledge and belief, the contractor or grantee
has filed all Federal tax returns required during the three years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not,
more than 90 days prior to certification, been notified of any unpaid
Federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement
or offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial proceeding.
(RESCISSIONS)
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SEC. 521. (a) Of the unobligated balances in the ‘‘Nonrecurring
Expenses Fund’’ established in section 111(a) of division B of Public
Law 116–93, $50,000,000 are hereby permanently rescinded not
later than September 30, 2023.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) The Departments of Commerce and Justice shall submit
to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2023,
specifying the amount of each rescission made pursuant to subsections (a), (b), (c) and (d).
(f) The amounts rescinded in subsections (a), (b), (c) and (d)
shall not be from amounts that were designated by the Congress
as an emergency or disaster relief requirement pursuant to the
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
(g) The amounts rescinded pursuant to subsections (c) and
(d) shall not be from—
(1) amounts provided under subparagraph (Q) of paragraph
(1) under the heading ‘‘State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance’’ in title II of division B of Public Law 117–
103; or
(2) amounts provided under paragraph (7) under the
heading ‘‘State and Local Law Enforcement Activities—Community Oriented Policing Services—Community Oriented Policing
Services Programs’’ in title II of division B of Public Law
117–103.
SEC. 522. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41
of the Code of Federal Regulations.
SEC. 523. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring
outside the United States unless—
(1) such conference is a law enforcement training or operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; or
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Reports.
Airline travel.
Conference
attendees.
PUBL328
136 STAT. 4560
Determinations.
Notifications.
Deadline.
Performance
plan.
Reports.
Time period.
Light bulbs.
China.
Certification.
Determination.
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PUBLIC LAW 117–328—DEC. 29, 2022
(2) such conference is a scientific conference and the department or agency head determines that such attendance is in
the national interest and notifies the Committees on Appropriations of the House of Representatives and the Senate within
at least 15 days of that determination and the basis for that
determination.
SEC. 524. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the
United States receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in
its annual performance plan and performance and accountability
reports the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant
accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
SEC. 525. To the extent practicable, funds made available in
this Act should be used to purchase light bulbs that are ‘‘Energy
Star’’ qualified or have the ‘‘Federal Energy Management Program’’
designation.
SEC. 526. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space Administration
(NASA), the Office of Science and Technology Policy (OSTP), or
the National Space Council (NSC) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after
the date of enactment of this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall
not apply to activities which NASA, OSTP, or NSC, after consultation with the Federal Bureau of Investigation, have certified—
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company;
and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and-
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PUBLIC LAW 117–328—DEC. 29, 2022
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) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim assistance-related activity.
SEC. 528. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and the
United States Trade Representative, the National Space Council,
and the State Justice Institute shall submit spending plans, signed
by the respective department or agency head, to the Committees
on Appropriations of the House of Representatives and the Senate
not later than 45 days after the date of enactment of this Act.
SEC. 529. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements
of a contract.
SEC. 530. None of the funds made available by this Act may
be used in contravention of section 7606 (‘‘Legitimacy of Industrial
Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113–
79) by the Department of Justice or the Drug Enforcement Administration.
SEC. 531. None of the funds made available under this Act
to the Department of Justice may be used, with respect to any
of the States of Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois,
Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana,
Nevada, New Hampshire, New Jersey, New Mexico, New York,
North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia,
the Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Guam, or Puerto Rico, to prevent any of
them from implementing their own laws that authorize the use,
distribution, possession, or cultivation of medical marijuana.
SEC. 532. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science
Foundation shall provide a quarterly report to the Committees
on Appropriations of the House of Representatives and the Senate
on any official travel to China by any employee of such Department
or agency, including the purpose of such travel.
SEC. 533. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided, respectively,
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Pornography.
Spending plans.
Deadline.
Contracts.
State listing.
District of
Columbia.
Territories.
Medical
marijuana.
Reports.
China.
PUBL328
136 STAT. 4562
Definition.
Exports and
imports.
Canada.
Firearms.
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President.
Determination.
Federal Register,
publication.
Termination.
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PUBLIC LAW 117–328—DEC. 29, 2022
for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section
27 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3722) shall be allocated for assistance in persistent
poverty counties: Provided, That for purposes of this section, the
term ‘‘persistent poverty counties’’ means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1993 Small Area Income and
Poverty Estimates, the 2000 decennial census, and the most recent
Small Area Income and Poverty Estimates, or any Territory or
possession of the United States.
SEC. 534. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made available
under this Act or any other Act may be expended or obligated
by a department, agency, or instrumentality of the United States
to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an
export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on
April 1, 2005) with a total value not exceeding $500 wholesale
in any transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license—
(1) does not exempt an exporter from filing any Shipper’s
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles enumerated in subsection (a); and
(2) does not permit the export without a license of—
(A) fully automatic firearms and components and parts
for such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I,
other than for end use by the Federal Government, or
a Provincial or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary
export without a license of any unclassified articles specified in
subsection (a) to Canada for end use in Canada or return to the
United States, or temporary import of Canadian-origin items from
Canada for end use in the United States or return to Canada
for a Canadian citizen.
(d) The President may require export licenses under this section
on a temporary basis if the President determines, upon publication
first in the Federal Register, that the Government of Canada has
implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another
nation. The President shall terminate the requirements of a license
when reasons for the temporary requirements have ceased.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4563
SEC. 535. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative
expenses or the compensation of any officer or employee of the
United States to deny any application submitted pursuant to 22
U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section
478.112 or .113, for a permit to import United States origin ‘‘curios
or relics’’ firearms, parts, or ammunition.
SEC. 536. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any model
of shotgun if—
(1) all other requirements of law with respect to the proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily adaptable to sporting purposes.
SEC. 537. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 538. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 539. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 540. (a) The remaining unobligated balances of funds
as of September 30, 2023, from amounts made available to ‘‘Office
of the United States Trade Representative—Salaries and Expenses’’
in title IX of the United States-Mexico-Canada Agreement
Implementation Act (Public Law 116–113), are hereby rescinded,
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Firearms.
Ammunition.
Exports and
imports.
Firearms.
Khalid Sheikh
Mohammed.
Detainees.
Cuba.
Detainees.
Cuba.
PUBL328
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136 STAT. 4564
Time period.
Plan.
Costs.
Schedule.
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PUBLIC LAW 117–328—DEC. 29, 2022
and an amount of additional new budget authority equivalent to
the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2023, for an additional amount for fiscal
year 2023, to remain available until September 30, 2024, and shall
be available for the same purposes, in addition to other funds
as may be available for such purposes, and under the same authorities for which the funds were originally provided in Public Law
116–113, except that all references to ‘‘2023’’ under such heading
in Public Law 116–113 shall be deemed to refer instead to ‘‘2024’’.
(b) The remaining unobligated balances of funds as of September 30, 2023, from amounts made available to ‘‘Office of the
United States Trade Representative—Trade Enforcement Trust
Fund’’ in title IX of the United States-Mexico-Canada Agreement
Implementation Act (Public Law 116–113), are hereby rescinded,
and an amount of additional new budget authority equivalent to
the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2023, for an additional amount for fiscal
year 2023, to remain available until September 30, 2024, and shall
be available for the same purposes, in addition to other funds
as may be available for such purposes, and under the same authorities for which the funds were originally provided in Public Law
116–113, except that the reference to ‘‘2023’’ under such heading
in Public Law 116–113 shall be deemed to refer instead to ‘‘2024’’.
(c) The amounts rescinded pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022, and section 1(e) of H. Res.
1151 (117th Congress), as engrossed in the House of Representatives
on June 8, 2022.
(d) Each amount provided by this section is designated by
the Congress as being for an emergency requirement pursuant
to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section
1(e) of H. Res. 1151 (117th Congress), as engrossed in the House
of Representatives on June 8, 2022.
SEC. 541. Funds made available to the Department of Commerce and under the heading ‘‘Department of Justice—Federal
Bureau of Investigation—Salaries and Expenses’’ in this Act and
any remaining unobligated balances of funds made available to
the Department of Commerce and under the heading ‘‘Department
of Justice—Federal Bureau of Investigation—Salaries and
Expenses’’ in prior year Acts, other than amounts designated by
the Congress as being for an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, shall be available
to provide payments pursuant to section 901(i)(2) of title IX of
division J of the Further Consolidated Appropriations Act, 2020
(22 U.S.C. 2680b(i)(2)): Provided, That payments made pursuant
to the matter preceding this proviso may not exceed $5,000,000
for the Department of Commerce and $5,000,000 for the Federal
Bureau of Investigation.
SEC. 542. (a) None of the funds in this Act may be used
for design or construction of the Mobile Launcher 2 until 30 days
after the Administrator of the National Aeronautics and Space
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PUBLIC LAW 117–328—DEC. 29, 2022
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. Such plan shall include each of the
requirements described in subsection (c)(2) of section 30104 of title
51, United States Code, as well as an estimated date for completion
of design and construction of the Mobile Launcher 2.
(b) Not later than 90 days after the submission of the plan
described in subsection (a), and every 90 days thereafter, the
Administrator shall report to the Committees, the Government
Accountability Office, and the Office of Inspector General of the
National Aeronautics and Space Administration on steps taken
to implement such plan.
SEC. 543. (a)(1) Within 45 days of enactment of this Act, the
Secretary of Commerce shall allocate amounts made available from
the Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America Fund for fiscal year 2023 pursuant to paragraphs
(1) and (2) of section 102(a) of the CHIPS Act of 2022 (division
A of Public Law 117–167), including the transfer authority in such
paragraphs of that section of that Act, to the accounts specified,
in the amounts specified, and for the projects and activities specified, in the table titled ‘‘Department of Commerce Allocation of
National Institute of Standards and Technology Funds: CHIPS
Act Fiscal Year 2023’’ in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(2) Within 45 days of enactment of this Act, the Secretary
of Commerce shall allocate amounts made available from the Public
Wireless Supply Chain Innovation Fund for fiscal year 2023 pursuant to section 106 of the CHIPS Act of 2022 (division A of Public
Law 117–167), including the transfer authority in section 106(b)(2)
of that Act, to the accounts specified, in the amounts specified,
and for the projects and activities specified, in the table titled
‘‘Department of Commerce Allocation of National Telecommunications and Information Administration Funds: CHIPS Act Fiscal
Year 2023’’ in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(3) Within 45 days of enactment of this Act, the Director of
the National Science Foundation shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund for fiscal
year 2023 pursuant to section 102(d)(1) of the CHIPS Act of 2022
(division A of Public Law 117–167), to the account specified, in
the amounts specified, and for the projects and activities specified
in the table titled ‘‘National Science Foundation Allocation of Funds:
CHIPS Act Fiscal Year 2023’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(b) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under section
102(a)(2)(A) of the CHIPS Act of 2022 or under section 102(d)(2)
of such Act if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Departments of
Commerce and Justice, Science, and Related Agencies: Provided,
That in any fiscal year, the matter preceding this proviso shall
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Estimate.
Reports.
Deadlines.
Allocations.
PUBL328
136 STAT. 4566
Notifications.
Reallocations.
Allocations.
Reports.
PUBLIC LAW 117–328—DEC. 29, 2022
not apply to the allocation, apportionment, or allotment of amounts
for continuing administration of programs allocated funds from
the CHIPS for America Fund, which may be allocated only in
amounts that are no more than the allocation for such purposes
in subsection (a) of this section.
(c) Subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House
of Representatives and the Senate, and subject to the terms and
conditions in section 505 of this Act—
(1) the Secretary of Commerce may reallocate funds allocated to Industrial Technology Services for section 9906 of
Public Law 116–283 by subsection (a)(1) of this section; and
(2) the Director of the National Science Foundation may
reallocate funds allocated to the CHIPS for America Workforce
and Education Fund by subsection (a)(3) of this section.
(d) Concurrent with the annual budget submission of the President for fiscal year 2024, the Secretary of Commerce and the
Director of the National Science Foundation, as appropriate, shall
each submit to the Committees on Appropriations of the House
of Representatives and the Senate proposed allocations by account
and by program, project, or activity, with detailed justifications,
for amounts made available under section 102(a)(2) and section
102(d)(2) of the CHIPS Act of 2022 for fiscal year 2024.
(e) The Department of Commerce and the National Science
Foundation, as appropriate, shall each provide the Committees
on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and activities
funded by the CHIPS for America Fund for amounts allocated
pursuant to subsection (a)(1) of this section, the status of balances
of projects and activities funded by the Public Wireless Supply
Chain Innovation Fund for amounts allocated pursuant to subsection (a)(2) of this section, and the status of balances of projects
and activities funded by the CHIPS for America Workforce and
Education Fund for amounts allocated pursuant to subsection (a)(3)
of this section, including all uncommitted, committed, and unobligated funds.
This division may be cited as the ‘‘Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2023’’.
DIVISION C—DEPARTMENT OF DEFENSE
APPROPRIATIONS ACT, 2023
Department of
Defense
Appropriations
Act, 2023.
TITLE I
MILITARY PERSONNEL
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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,
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PUBL328
136 STAT. 4568
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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PUBL328
136 STAT. 4570
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Reports.
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $49,574,779,000: Provided, That not more than
$2,981,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 may be
used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of Defense, and
payments may be made upon the Secretary’s certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $55,000,000 shall
be made available for the Procurement Technical Assistance
Cooperative Agreement Program, of which not less than $5,000,000
shall be available for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none of the funds appropriated or otherwise
made available by this Act may be used to plan or implement
the consolidation of a budget or appropriations liaison office of
the Office of the Secretary of Defense, the office of the Secretary
of a military department, or the service headquarters of one of
the Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $49,071,000 to remain available until
expended, is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary
of Defense to operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged with
and to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with
operation and maintenance funds shall not apply to the funds
described in the preceding proviso: Provided further, That of the
funds provided under this heading, $2,467,009,000, of which
$1,510,260,000, to remain available until September 30, 2024, shall
be available to provide support and assistance to foreign security
forces or other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of Defense
security cooperation programs: Provided further, That the Secretary
of Defense shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this paragraph:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
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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
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That amounts made available under this heading shall be available to provide assistance
only for activities in a country designated by the Secretary of
Defense, in coordination with the Secretary of State, as having
a security mission to counter the Islamic State of Iraq and Syria,
and following written notification to the congressional defense
committees of such designation: Provided further, That the Secretary of Defense shall ensure that prior to providing assistance
to elements of any forces or individuals, such elements or individuals are appropriately vetted, including at a minimum, assessing
such elements for associations with terrorist groups or groups associated with the Government of Iran; and receiving commitments
from such elements to promote respect for human rights and the
rule of law: Provided further, That the Secretary of Defense shall,
not fewer than 15 days prior to obligating from this appropriation
account, notify the congressional defense committees in writing
of the details of any such obligation: Provided further, That the
Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government of Iraq and other entities, to carry out assistance authorized
under this heading: Provided further, That contributions of funds
for the purposes provided herein from any foreign government
or other entity may be credited to this Fund, to remain available
until expended, and used for such purposes: Provided further, That
the Secretary of Defense shall prioritize such contributions when
providing any assistance for construction for facility fortification:
Provided further, That the Secretary of Defense may waive a provision of law relating to the acquisition of items and support services
or sections 40 and 40A of the Arms Export Control Act (22 U.S.C.
2780 and 2785) if the Secretary determines that such provision
of law would prohibit, restrict, delay or otherwise limit the provision
of such assistance and a notice of and justification for such waiver
is submitted to the congressional defense committees, the Committees on Appropriations and Foreign Relations of the Senate and
the Committees on Appropriations and Foreign Affairs of the House
of Representatives: Provided further, That the United States may
accept equipment procured using funds provided under this heading,
or under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts,
that was transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter
the Islamic State of Iraq and Syria and returned by such forces
or groups to the United States, and such equipment may be treated
as stocks of the Department of Defense upon written notification
to the congressional defense committees: Provided further, That
equipment procured using funds provided under this heading, or
under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts,
and not yet transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter
the Islamic State of Iraq and Syria may be treated as stocks
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Security mission.
Notifications.
Assessment.
Iran.
Time period.
Notifications.
Iraq.
Waiver authority.
Determination.
Notice.
Notifications.
Determination.
PUBL328
136 STAT. 4572
Reports.
PUBLIC LAW 117–328—DEC. 29, 2022
of the Department of Defense when determined by the Secretary
to no longer be required for transfer to such forces or groups
and upon written notification to the congressional defense committees: Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on the
use of funds provided under this heading, including, but not limited
to, the number of individuals trained, the nature and scope of
support and sustainment provided to each group or individual,
the area of operations for each group, and the contributions of
other countries, groups, or individuals.
OPERATION
AND
MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,206,434,000.
OPERATION
AND
MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,278,050,000.
OPERATION
AND
MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $347,633,000.
OPERATION
AND
MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,700,800,000.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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)
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.
Determinations.
ENVIRONMENTAL RESTORATION, NAVY
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(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $400,113,000, to remain available until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,
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Determinations.
PUBL328
136 STAT. 4574
PUBLIC LAW 117–328—DEC. 29, 2022
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)
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)
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Determinations.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4575
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $317,580,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris at sites formerly
used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
OVERSEAS HUMANITARIAN, DISASTER,
AND
Determinations.
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
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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
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PUBL328
136 STAT. 4576
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBL328
136 STAT. 4578
PUBLIC LAW 117–328—DEC. 29, 2022
expenses necessary for the foregoing purposes, $920,884,000, to
remain available for obligation until September 30, 2025.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBL328
136 STAT. 4580
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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;
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PUBLIC LAW 117–328—DEC. 29, 2022
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 contractorowned 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.
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RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
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136 STAT. 4582
PUBLIC LAW 117–328—DEC. 29, 2022
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
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the
Secretary of Defense shall submit to the congressional defense
committees quarterly reports on the current status of the deployment of the electronic health record: Provided further, That the
Secretary of Defense shall provide notice to the congressional
defense committees not later than 10 business days after delaying
the proposed timeline of such deployment if such delay is longer
than 1 week: Provided further, That the Comptroller General of
the United States shall perform quarterly performance reviews
of such deployment.
CHEMICAL AGENTS
AND
Reports.
Notice.
Deadline.
Time period.
Reviews.
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
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(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United
States Code; for operation and maintenance; for procurement; and
for research, development, test and evaluation, $970,764,000, of
which $614,510,000 shall be for counter-narcotics support;
$130,060,000 shall be for the drug demand reduction program;
$200,316,000 shall be for the National Guard counter-drug program;
and $25,878,000 shall be for the National Guard counter-drug
schools program: Provided, That the funds appropriated under this
heading shall be available for obligation for the same time period
and for the same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred
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Determination.
PUBL328
136 STAT. 4584
Notifications.
PUBLIC LAW 117–328—DEC. 29, 2022
back to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act: Provided further,
That funds appropriated under this heading may be used to support
a new start program or project only after written prior notification
to the Committees on Appropriations of the House of Representatives and the Senate.
OFFICE
OF THE INSPECTOR
GENERAL
For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act
of 1978, as amended, $485,359,000, of which $481,971,000 shall
be for operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
expended upon the approval or authority of the Inspector General,
and payments may be made upon the Inspector General’s certificate
of necessity for confidential military purposes; of which $1,524,000,
to remain available for obligation until September 30, 2025, shall
be for procurement; and of which $1,864,000, to remain available
until September 30, 2024, shall be for research, development, test
and evaluation.
SUPPORT
FOR INTERNATIONAL
SPORTING COMPETITIONS
For logistical and security support for international sporting
competitions (including pay and non-travel related allowances only
for members of the Reserve Components of the Armed Forces of
the United States called or ordered to active duty in connection
with providing such support), $10,377,000, to remain available until
expended.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT
SYSTEM FUND
AND
DISABILITY
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
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Propaganda.
10 USC 1584
note.
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SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
Turkey.
Time period.
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(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget,
transfer not to exceed $6,000,000,000 of working capital funds of
the Department of Defense or funds made available in this Act
to the Department of Defense for military functions (except military
construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation or
fund to which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations of the House of Representatives and the Senate
for reprogramming of funds, unless for higher priority items, based
on unforeseen military requirements, than those for which originally
appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June
30, 2023: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of
the limitation on the amount of funds that may be transferred
under this section.
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Determination.
Notification.
Reprogramming
requests.
Reprogramming
requests.
Deadline.
PUBL328
136 STAT. 4586
Applicability.
Reports.
Certification.
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments
to budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act and
the tables contained in the classified annex accompanying this
Act, the obligation and expenditure of amounts appropriated or
otherwise made available in this Act for those programs, projects,
and activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried out
in the manner provided by such tables to the same extent as
if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section
8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts.
SEC. 8007. (a) Not later than 60 days after the date of the
enactment of this Act, the Department of Defense shall submit
a report to the congressional defense committees to establish the
baseline for application of reprogramming and transfer authorities
for fiscal year 2023: Provided, That the report shall include—
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as detailed
in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that
such reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply to transfers from the following appropriations accounts:
(1) ‘‘Environmental Restoration, Army’’;
(2) ‘‘Environmental Restoration, Navy’’;
(3) ‘‘Environmental Restoration, Air Force’’;
(4) ‘‘Environmental Restoration, Defense-Wide’’;
(5) ‘‘Environmental Restoration, Formerly Used Defense
Sites’’; and
(6) ‘‘Drug Interdiction and Counter-drug Activities,
Defense’’.
(TRANSFER OF FUNDS)
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Notifications.
Determination.
Approval.
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SEC. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,
That transfers may be made between working capital funds and
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
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. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
SEC. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one
year of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year,
unless the congressional defense committees have been notified
at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act
shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government’s liability: Provided further,
That no part of any appropriation contained in this Act shall
be available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 30-day prior notification to the congressional
defense committees: Provided further, That the execution of
multiyear authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may
be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract—
(1) the Secretary of Defense has submitted to Congress
a budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement
of aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
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Notification.
Time period.
Contracts.
Notifications.
Time periods.
10 USC 3501
note.
Requirement.
Analysis.
Determination.
Budget request.
PUBL328
136 STAT. 4588
Humanitarian
assistance.
Territories.
Reports.
Determination.
Hawaii.
Workforce
reduction.
Analysis.
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Budget request.
VerDate Sep 11 2014
01:55 Jul 26, 2023
PUBLIC LAW 117–328—DEC. 29, 2022
Funds appropriated in title III of this Act may be used for multiyear
procurement contracts for up to 15 DDG–51 Arleigh Burke Class
Guided Missile Destroyers.
SEC. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code: Provided, That such funds may also
be obligated for humanitarian and civic assistance costs incidental
to authorized operations and pursuant to authority granted in section 401 of title 10, United States Code, and these obligations
shall be reported as required by section 401(d) of title 10, United
States Code: Provided further, That funds available for operation
and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99–239: Provided further, That upon a determination by the Secretary of the Army that such action is beneficial
for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the
Northern Mariana Islands, the Marshall Islands, the Federated
States of Micronesia, Palau, and Guam.
SEC. 8012. (a) During the current fiscal year, the civilian personnel of the Department of Defense may not be managed on
the basis of any constraint or limitation in terms of man years,
end strength, full-time equivalent positions, or maximum number
of employees, but are to be managed solely on the basis of, and
in a manner consistent with—
(1) the total force management policies and procedures
established under section 129a of title 10, United States Code;
(2) the workload required to carry out the functions and
activities of the Department; and
(3) the funds made available to the Department for such
fiscal year.
(b) None of the funds appropriated by this Act may be used
to reduce the civilian workforce programmed full time equivalent
levels absent the appropriate analysis of the impact of these reductions on workload, military force structure, lethality, readiness,
operational effectiveness, stress on the military force, and fully
burdened costs.
(c) A projection of the number of full-time equivalent positions
shall not be considered a constraint or limitation for purposes
of subsection (a) and reducing funding for under-execution of such
a projection shall not be considered managing based on a constraint
or limitation for purposes of such subsection.
(d) The fiscal year 2024 budget request for the Department
of Defense, and any justification material and other documentation
supporting such a request, shall be prepared and submitted to
Congress as if subsections (a) and (b) were effective with respect
to such fiscal year.
(e) Nothing in this section shall be construed to apply to military (civilian) technicians.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4589
SEC. 8013. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8014. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades, or maintenance activities, shall be used to reduce or to prepare to reduce the number
of deployed and non-deployed strategic delivery vehicles and
launchers below the levels set forth in the report submitted to
Congress in accordance with section 1042 of the National Defense
Authorization Act for Fiscal Year 2012.
Lobbying.
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(TRANSFER OF FUNDS)
SEC. 8015. (a) Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Prote´ge´ Program may be
transferred to any other appropriation contained in this Act solely
for the purpose of implementing a Mentor-Prote´ge´ Program developmental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal year
2024 (as submitted to Congress pursuant to section 1105 of title
31, United States Code) a description of each transfer under this
section that occurred during the last fiscal year before the fiscal
year in which such budget is submitted.
SEC. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain unless
the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in
the United States: Provided, That for the purpose of this section,
the term ‘‘manufactured’’ shall include cutting, heat treating,
quality control, testing of chain and welding (including the forging
and shot blasting process): Provided further, That for the purpose
of this section substantially all of the components of anchor and
mooring chain shall be considered to be produced or manufactured
in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate
cost of the components produced or manufactured outside the
United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements
on a timely basis, the Secretary of the Service responsible for
the procurement may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that such an acquisition must be made in order to acquire capability for national security purposes.
SEC. 8017. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
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mooring chain.
Definition.
Waiver authority.
Certification.
Alcohol and
alcoholic
beverages.
PUBL328
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Applicability.
Arms and
munitions.
Certification.
Waiver authority.
Certification.
Contracts.
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Applicability.
Native
Americans.
State listing.
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PUBLIC LAW 117–328—DEC. 29, 2022
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That, in a case in which the
military installation is located in more than one State, purchases
may be made in any State in which the installation is located:
Provided further, That such local procurement requirements for
malt beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not contiguous
with another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited
from commercial sale under Federal law, unless the small arms
ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for
further use.
SEC. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8020. In addition to the funds provided elsewhere in
this Act, $25,000,000 is appropriated only for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25,
United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504
of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any
fiscal year: Provided further, That notwithstanding section 1906
of title 41, United States Code, this section shall be applicable
to any Department of Defense acquisition of supplies or services,
including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or
in part, by any subcontractor or supplier defined in section 1544
of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code.
SEC. 8021. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States
of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
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PUBLIC LAW 117–328—DEC. 29, 2022
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) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a) in
accordance with the request for such units that are submitted
to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and
Washington. Any such conveyance shall be subject to the condition
that the housing units shall be removed within a reasonable period
of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the
Air Force under subsection (b).
(d) In this section, the term ‘‘Indian tribe’’ means any recognized
Indian tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized Indian
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C.
5131).
SEC. 8022. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, 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
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Determination.
Definition.
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136 STAT. 4592
Reports.
Budget
estimates.
Definition.
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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 staffrelated costs of the defense FFRDCs: Provided, That within such
funds, not more than $446,097,000 shall be available for the defense
studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years funded in the National Intelligence Program and the Military Intelligence Program: Provided
further, That the Secretary of Defense shall, with the submission
of the department’s fiscal year 2024 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC by program during that
fiscal year and the associated budget estimates, by appropriation
account and program.
(e) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $129,893,000: Provided, That this subsection shall not apply
to appropriations for the National Intelligence Program and Military
Intelligence Program.
SEC. 8027. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of the
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8028. For the purposes of this Act, the term ‘‘congressional
intelligence committees’’ means the Permanent Select Committee
on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives,
and the Subcommittee on Defense of the Committee on Appropriations of the Senate.
SEC. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4593
of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 8030. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 4658 of title 10, United
States Code, whether the person should be debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality competitive, and available in a timely
fashion.
SEC. 8031. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy, or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 8032. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
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Certification.
Cost estimates.
Compliance.
Definition.
Determinations.
Labeling.
Fraud.
Debarment.
Contracts.
Applicability.
Waiver authority.
Certification.
Determination.
Contracts.
Rescission.
41 USC 8304
note.
Memorandum.
PUBL328
136 STAT. 4594
Reports.
Definition.
Contracts.
Ball and roller
bearings.
Waiver authority.
Certification.
Applicability.
Time period.
Execution plan.
Supercomputers.
Certification.
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Waiver authority.
Determination.
Applicability.
Contracts.
Effective date.
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PUBLIC LAW 117–328—DEC. 29, 2022
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2023. Such report shall separately
indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.),
or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
SEC. 8033. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to
the purchase of ‘‘commercial products’’, as defined by section 103
of title 41, United States Code, except that the restriction shall
apply to ball or roller bearings purchased as end items.
SEC. 8034. In addition to any other funds made available for
such purposes, there is appropriated $93,500,000, for an additional
amount for the ‘‘National Defense Stockpile Transaction Fund’’,
to remain available until September 30, 2025, for activities pursuant
to the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98 et seq.): Provided, That none of the funds provided under this
section may be obligated or expended until 90 days after the Secretary of Defense provides the Committees on Appropriations of
the House of Representatives and the Senate a detailed execution
plan for such funds.
SEC. 8035. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposes
that is not available from United States manufacturers.
SEC. 8036. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under section
4851 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
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PUBLIC LAW 117–328—DEC. 29, 2022
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. None of the funds made available in this Act, or
any subsequent Act making appropriations for the Department
of Defense, may be used for the purchase or manufacture of a
flag of the United States unless such flags are treated as covered
items under section 4862(b) of title 10, United States Code.
SEC. 8038. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account shall be available until expended for the payments
specified by section 2687a(b)(2) of title 10, United States Code.
SEC. 8039. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $350,000: Provided, That upon
determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of
a Combatant Command engaged in a named contingency operation
overseas, such funds may be used to purchase items having an
investment item unit cost of not more than $500,000.
SEC. 8040. Up to $13,720,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ may be made
available for the Asia Pacific Regional Initiative Program for the
purpose of enabling the United States Indo-Pacific Command to
execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs
of training and exercising with foreign security forces: Provided,
That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance,
security assistance or combined exercise expenses: Provided further,
That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
SEC. 8041. The Secretary of Defense shall issue regulations
to prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the
local community: Provided, That such regulations shall direct that
the prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
SEC. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for
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Flags.
10 USC 4862
note.
Determination.
Humanitarian
assistance.
Regulations.
Tobacco and
tobacco products.
10 USC 2484
note.
PUBL328
136 STAT. 4596
Budget request.
Contracts.
50 USC 3521
note.
PUBLIC LAW 117–328—DEC. 29, 2022
sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2024 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2024 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2024 procurement appropriation
and not in the supply management business area or any other
area or category of the Department of Defense Working Capital
Funds.
SEC. 8043. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2024: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National
Security Act of 1947 (50 U.S.C. 3093) shall remain available until
September 30, 2024: Provided further, That any funds appropriated
or transferred to the Central Intelligence Agency for the construction, improvement, or alteration of facilities, including leased facilities, to be used primarily by personnel of the intelligence community, shall remain available until September 30, 2025.
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(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.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4597
(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the
Senate that the granting of the waiver will reduce the personnel
requirements or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Department of Defense and authorized
Federal entities.
SEC. 8046. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by Department
of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by—
(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed
in the performance of that activity or function under the
contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute less towards the premium or subscription share
than the amount that is paid by the Department of Defense
for health benefits for civilian employees under chapter
89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection
(a) of this section or subsection (a), (b), or (c) of section 2461
of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have
full authority to enter into a contract for the performance of any
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Waiver authority.
Determination.
Certification.
Determination.
Contracts.
Effective date.
Plan.
Determination.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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(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;
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PUBLIC LAW 117–328—DEC. 29, 2022
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. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of Korea unless specifically
appropriated for that purpose: Provided, That this restriction shall
not apply to any activities incidental to the Defense POW/MIA
Accounting Agency mission to recover and identify the remains
of United States Armed Forces personnel from the Democratic
People’s Republic of Korea.
SEC. 8050. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing in
this section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
SEC. 8051. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropriations law.
SEC. 8052. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $49,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
SEC. 8053. Notwithstanding any other provision in this Act,
the Small Business Innovation Research program and the Small
Business Technology Transfer program set-asides shall be taken
proportionally from all programs, projects, or activities to the extent
they contribute to the extramural budget. The Secretary of each
military department, the Director of each Defense Agency, and
the head of each other relevant component of the Department
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North Korea.
Armed Forces
remains.
Reimbursement.
Drugs and drug
abuse.
10 USC 274 note.
50 USC 3506
note.
Determination.
Reports.
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136 STAT. 4600
Contracts.
PUBLIC LAW 117–328—DEC. 29, 2022
of Defense shall submit to the congressional defense committees,
concurrent with submission of the budget justification documents
to Congress pursuant to section 1105 of title 31, United States
Code, a report with a detailed accounting of the Small Business
Innovation Research program and the Small Business Technology
Transfer program set-asides taken from programs, projects, or
activities within such department, agency, or component during
the most recently completed fiscal year.
SEC. 8054. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when—
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee;
and
(2) such bonus is part of restructuring costs associated
with a business combination.
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(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:
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4601
Provided, That the Under Secretary of Defense (Comptroller) shall
include with the budget of the President for fiscal year 2024 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code) a statement describing each instance if any, during
each of the fiscal years 2016 through 2023 in which the authority
in this section was exercised.
SEC. 8057. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amount
of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning Project
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.
SEC. 8058. (a) None of the funds appropriated or otherwise
made available by this or prior Acts may be obligated or expended
to retire, prepare to retire, or place in storage or on backup aircraft
inventory status any C–40 aircraft.
(b) The limitation under subsection (a) shall not apply to an
individual C–40 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable
due to a Class A mishap.
(c) If the Secretary determines under subsection (b) that an
aircraft is no longer mission capable, the Secretary shall submit
to the congressional defense committees a certification in writing
that the status of such aircraft is due to a Class A mishap and
not due to lack of maintenance, repairs, or other reasons.
(d) Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the necessary steps taken
by the Department of Defense to meet the travel requirements
for official or representational duties of members of Congress and
the Cabinet in fiscal years 2023 and 2024.
SEC. 8059. (a) None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to military
forces for operational training, operational use, or inventory requirements: Provided, That this restriction does not apply to end-items
used in development, prototyping in accordance with an approved
test strategy, and test activities preceding and leading to acceptance
for operational use.
(b) If the number of end-items budgeted with funds appropriated in title IV of this Act exceeds the number required in
an approved test strategy, the Under Secretary of Defense (Research
and Engineering) and the Under Secretary of Defense (Acquisition
and Sustainment), in coordination with the responsible Service
Acquisition Executive, shall certify in writing to the congressional
defense committees that there is a bonafide need for the additional
end-items at the time of submittal to Congress of the budget of
the President for fiscal year 2024 pursuant to section 1105 of
title 31, United States Code: Provided, That this restriction does
not apply to programs funded within the National Intelligence
Program.
(c) The Secretary of Defense shall, at the time of the submittal
to Congress of the budget of the President for fiscal year 2024
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Budget
statement.
Time period.
Reimbursement.
Determination.
Certification.
Reports.
Certifications.
Reports.
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136 STAT. 4602
List.
Compliance.
Waiver authority.
Time period.
Reports.
Strategies.
Cost estimates.
Waiver authority.
Certification.
Classified
information.
Reports.
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Arms and
munitions.
Contracts.
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PUBLIC LAW 117–328—DEC. 29, 2022
pursuant to section 1105 of title 31, United States Code, submit
to the congressional defense committees a report detailing the use
of funds requested in research, development, test and evaluation
accounts for end-items used in development, prototyping and test
activities preceding and leading to acceptance for operational use:
Provided, That the report shall set forth, for each end item covered
by the preceding proviso, a detailed list of the statutory authorities
under which amounts in the accounts described in that proviso
were used for such item: Provided further, That the Secretary
of Defense shall, at the time of the submittal to Congress of the
budget of the President for fiscal year 2024 pursuant to section
1105 of title 31, United States Code, submit to the congressional
defense committees a certification that funds requested for fiscal
year 2024 in research, development, test and evaluation accounts
are in compliance with this section: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that it is in the
national security interest to do so.
SEC. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8061. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any new start defense
innovation acceleration or rapid prototyping program demonstration
project with a value of more than $5,000,000 may only be obligated
15 days after a report, including a description of the project, the
planned acquisition and transition strategy and its estimated
annual and total cost, has been provided in writing to the congressional defense committees: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying
to the congressional defense committees that it is in the national
interest to do so.
SEC. 8062. The Secretary of Defense shall continue to provide
a classified quarterly report to the Committees on Appropriations
of the House of Representatives and the Senate, Subcommittees
on Defense on certain matters as directed in the classified annex
accompanying this Act.
SEC. 8063. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of
title 32, United States Code, may perform duties in support of
the ground-based elements of the National Ballistic Missile Defense
System.
SEC. 8064. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of ‘‘armor
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to
an entity performing demilitarization services for the Department
of Defense under a contract that requires the entity to demonstrate
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PUBLIC LAW 117–328—DEC. 29, 2022
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. 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-bycase basis.
Waiver authority.
Time period.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8066. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Army’’, $158,967,374
shall remain available until expended: Provided, That, notwithstanding any other provision of law, the Secretary of Defense is
authorized to transfer such funds to other activities of the Federal
Government: Provided further, That the Secretary of Defense is
authorized to enter into and carry out contracts for the acquisition
of real property, construction, personal services, and operations
related to projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of this
section may provide for such indemnification as the Secretary determines to be necessary: Provided further, That projects authorized
by this section shall comply with applicable Federal, State, and
local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
SEC. 8067. (a) None of the funds appropriated in this or any
other Act may be used to take any action to modify—
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request
is presented in the unclassified P–1, R–1, and O–1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit
the merger of programs or changes to the National Intelligence
Program budget at or below the Expenditure Center level, provided
such change is otherwise in accordance with paragraphs (1)–(3)
of subsection (a).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and
develop detailed proposals for alternative financial management
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Contracts.
Real property.
Determination.
Compliance.
Determination.
Study.
Proposals.
PUBL328
136 STAT. 4604
Risk assessment.
Certifications.
Deadline.
PUBLIC LAW 117–328—DEC. 29, 2022
processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative
processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary of Defense shall—
(1) provide the proposed alternatives to all affected agencies;
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees.
(INCLUDING TRANSFER OF FUNDS)
Time period.
Execution plan.
Time period.
Notifications.
SEC. 8068. In addition to amounts made available elsewhere
in this Act, $200,000,000 is hereby appropriated to the Department
of Defense and made available for transfer to operation and maintenance accounts, procurement accounts, and research, development,
test and evaluation accounts only for those efforts by the United
States Africa Command or United States Southern Command to
expand cooperation or improve the capabilities of our allies and
partners in their areas of operation: Provided, That none of the
funds provided under this section may be obligated or expended
until 60 days after the Secretary of Defense provides to the congressional defense committees an execution plan: Provided further, That
not less than 30 days prior to any transfer of funds, the Secretary
of Defense shall notify the congressional defense committees of
the details of any such transfer: Provided further, That upon
transfer, the funds shall be merged with and available for the
same purposes, and for the same time period, as the appropriation
to which transferred: Provided further, That the transfer authority
provided under this section is in addition to any other transfer
authority provided elsewhere in this Act.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8069. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and
Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’
may be transferred by the military department concerned to its
central fund established for Fisher Houses and Suites pursuant
to section 2493(d) of title 10, United States Code.
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(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).
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the command and control relationships which
existed on October 1, 2004, shall remain in force until a written
modification has been proposed to the Committees on Appropriations of the House of Representatives and the Senate: Provided
further, That the proposed modification may be implemented 30
days after the notification unless an objection is received from
either the House or Senate Appropriations Committees: Provided
further, That any proposed modification shall not preclude the
ability of the commander of United States Indo-Pacific Command
to meet operational requirements.
SEC. 8072. Any notice that is required to be submitted to
the Committees on Appropriations of the House of Representatives
and the Senate under section 3601 of title 10, United States Code,
as added by section 804(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, after the date of the enactment of this Act shall be submitted pursuant to that requirement
concurrently to the Subcommittees on Defense of the Committees
on Appropriations of the House of Representatives and the Senate.
Proposal.
Time period.
Notification.
Notice.
Effective date.
10 USC 3601
note.
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(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;
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136 STAT. 4606
PUBLIC LAW 117–328—DEC. 29, 2022
(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).
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4607
SEC. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
SEC. 8077. In addition to amounts provided elsewhere in this
Act, $5,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant
to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or hospitalization of an eligible military beneficiary.
SEC. 8078. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
SEC. 8079. None of the funds made available by this Act may
be obligated or expended for the purpose of decommissioning the
USS Fort Worth, the USS Wichita, the USS Billings, the USS
Indianapolis, or the USS St. Louis.
SEC. 8080. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided,
That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only
be handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.
SEC. 8082. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters relating
to the employment of unmanned aerial vehicles.
SEC. 8083. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for research and technology, which
shall remain available until September 30, 2024, and except for
funds appropriated for the purchase of real property, which shall
remain available until September 30, 2025.
SEC. 8084. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be
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Notifications.
Determination.
Grants.
Fisher House
Foundation, Inc.
Nuclear armed
interceptors.
53rd Weather
Reconnaissance
Squadron.
Foreign
intelligence.
Tactical
unmanned aerial
vehicles.
Research and
development.
Science and
technology.
Real property.
Applicability.
PUBL328
136 STAT. 4608
Reports.
Certification.
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Time periods.
Public
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Reports.
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PUBLIC LAW 117–328—DEC. 29, 2022
considered to be for the same purpose as any subdivision under
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations
in any prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
SEC. 8085. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit
a report to the congressional intelligence committees to establish
the baseline for application of reprogramming and transfer authorities for fiscal year 2023: Provided, That the report shall include—
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of
National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.
SEC. 8086. Any transfer of amounts appropriated to the Department of Defense Acquisition Workforce Development Account in
or for fiscal year 2023 to a military department or Defense Agency
pursuant to section 1705(e)(1) of title 10, United States Code, shall
be covered by and subject to section 8005 of this Act.
SEC. 8087. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall
be available for obligation or expenditure through a reprogramming
or transfer of funds in accordance with section 102A(d) of the
National Security Act of 1947 (50 U.S.C. 3024(d)) that—
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available
for obligation or expenditure through a reprogramming or transfer
of funds in accordance with section 102A(d) of the National Security
Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase
or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees
are notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national security
requirements.
SEC. 8088. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
Web site of that agency any report required to be submitted by
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PUBLIC LAW 117–328—DEC. 29, 2022
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) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
SEC. 8089. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor
agrees not to—
(1) enter into any agreement with any of its employees
or independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault and
battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil Rights
Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or
negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available
by this Act may be expended for any Federal contract unless the
contractor certifies that it requires each covered subcontractor to
agree not to enter into, and not to take any action to enforce
any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract.
For purposes of this subsection, a ‘‘covered subcontractor’’ is an
entity that has a subcontract in excess of $1,000,000 on a contract
subject to subsection (a).
(c) The prohibitions in this section do not apply with respect
to a contractor’s or subcontractor’s agreements with employees or
independent contractors that may not be enforced in a court of
the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor
for the purposes of a particular contract or subcontract if the
Secretary or the Deputy Secretary personally determines that the
waiver is necessary to avoid harm to national security interests
of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The
determination shall set forth with specificity the grounds for the
waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days
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Time period.
Contracts.
Certification.
Waiver authority.
Determination.
Public
information.
Time period.
PUBL328
136 STAT. 4610
PUBLIC LAW 117–328—DEC. 29, 2022
before the contract or subcontract addressed in the determination
may be awarded.
(INCLUDING TRANSFER OF FUNDS)
Notifications.
SEC. 8090. From within the funds appropriated for operation
and maintenance for the Defense Health Program in this Act,
up to $168,000,000, shall be available for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund in accordance with the provisions
of section 1704 of the National Defense Authorization Act for Fiscal
Year 2010, Public Law 111–84: Provided, That for purposes of
section 1704(b), the facility operations funded are operations of
the integrated Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical Center,
the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by
section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the
Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
SEC. 8091. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense
or a component thereof in contravention of the provisions of section
130h of title 10, United States Code.
SEC. 8092. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force protection
purposes up to a limit of $450,000 per vehicle, notwithstanding
price or other limitations applicable to the purchase of passenger
carrying vehicles.
(INCLUDING TRANSFER OF FUNDS)
Determination.
Reprogramming
requests.
Deadline.
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SEC. 8093. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000
of the funds made available in this Act for the National Intelligence
Program: Provided, That such authority to transfer may not be
used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a request
for multiple reprogrammings of funds using authority provided
in this section shall be made prior to June 30, 2023.
SEC. 8094. Of the amounts appropriated in this Act for ‘‘Shipbuilding and Conversion, Navy’’, $133,000,000, to remain available
for obligation until September 30, 2027, may be used for the purchase of two used sealift vessels for the National Defense Reserve
Fleet, established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses
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PUBLIC LAW 117–328—DEC. 29, 2022
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. The Secretary of Defense shall post grant awards
on a public website in a searchable format.
SEC. 8096. None of the funds made available by this Act may
be used by the National Security Agency to—
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States Code)
of any electronic communication of a United States person
from a provider of electronic communication services to the
public pursuant to section 501 of the Foreign Intelligence
Surveillance Act of 1978.
SEC. 8097. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employee
of any agency funded by this Act who approves or implements
the transfer of administrative responsibilities or budgetary
resources of any program, project, or activity financed by this Act
to the jurisdiction of another Federal agency not financed by this
Act without the express authorization of Congress: Provided, That
this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
SEC. 8098. Of the amounts appropriated in this Act for ‘‘Operation and Maintenance, Navy’’, $589,325,000, to remain available
until expended, may be used for any purposes related to the
National Defense Reserve Fleet established under section 11 of
the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100): Provided,
That such amounts are available for reimbursements to the Ready
Reserve Force, Maritime Administration account of the United
States Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet.
SEC. 8099. None of the funds made available by this Act may
be used for Government Travel Charge Card expenses by military
or civilian personnel of the Department of Defense for gaming,
or for entertainment that includes topless or nude entertainers
or participants, as prohibited by Department of Defense FMR,
Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
SEC. 8100. (a) None of the funds provided in this Act for
the TAO Fleet Oiler program shall be used to award a new contract
that provides for the acquisition of the following components unless
those components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services; propulsion
equipment (including engines, reduction gears, and propellers); shipboard cranes; spreaders for shipboard cranes; and anchor chains,
specifically for the seventh and subsequent ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X)
Frigate program shall be used to award a new contract that provides
for the acquisition of the following components unless those components are manufactured in the United States: Air circuit breakers;
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Grants.
Public
information.
Web posting.
Surveillance.
Salaries.
Reimbursements.
Gaming.
Adult
entertainment.
Contracts.
PUBL328
136 STAT. 4612
Deadline.
Contracts.
Pornography.
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Determination.
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PUBLIC LAW 117–328—DEC. 29, 2022
gyrocompasses; electronic navigation chart systems; steering controls; pumps; propulsion and machinery control systems; totally
enclosed lifeboats; auxiliary equipment pumps; shipboard cranes;
auxiliary chill water systems; and propulsion propellers: Provided,
That the Secretary of the Navy shall incorporate United States
manufactured propulsion engines and propulsion reduction gears
into the FFG(X) Frigate program beginning not later than with
the eleventh ship of the program.
SEC. 8101. None of the funds provided in this Act for requirements development, performance specification development, concept
design and development, ship configuration development, systems
engineering, naval architecture, marine engineering, operations
research analysis, industry studies, preliminary design, development of the Detailed Design and Construction Request for Proposals
solicitation package, or related activities for the T–ARC(X) Cable
Laying and Repair Ship or the T–AGOS(X) Oceanographic Surveillance Ship may be used to award a new contract for such activities
unless these contracts include specifications that all auxiliary equipment, including pumps and propulsion shafts, are manufactured
in the United States.
SEC. 8102. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense Acquisition
Workforce Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
SEC. 8103. From funds made available in title II of this Act,
the Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the United
States Central Command area of responsibility: (1) passenger motor
vehicles up to a limit of $75,000 per vehicle; and (2) heavy and
light armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $450,000 per vehicle,
notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles.
SEC. 8104. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities, or for any activity necessary for the
national defense, including intelligence activities.
SEC. 8105. None of the funds provided for, or otherwise made
available, in this or any other Act, may be obligated or expended
by the Secretary of Defense to provide motorized vehicles, aviation
platforms, munitions other than small arms and munitions appropriate for customary ceremonial honors, operational military units,
or operational military platforms if the Secretary determines that
providing such units, platforms, or equipment would undermine
the readiness of such units, platforms, or equipment.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4613
SEC. 8106. (a) None of the funds made available by this or
any other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to any corporation that
has any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted
or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting such tax liability, provided that the applicable Federal
agency is aware of the unpaid Federal tax liability.
(b) Subsection (a) shall not apply if the applicable Federal
agency has considered suspension or debarment of the corporation
described in such subsection and has made a determination that
such suspension or debarment is not necessary to protect the
interests of the Federal Government.
SEC. 8107. (a) Amounts appropriated under title IV of this
Act, as detailed in budget activity eight of the ‘‘Explanation of
Project Level Adjustments’’ tables in the explanatory statement
regarding this Act, may be used for expenses for the agile research,
development, test and evaluation, procurement, production, modification, and operation and maintenance, only for the following
Software and Digital Technology Pilot programs—
(1) Defensive CYBER (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE
0608231N);
(4) Space Command & Control (PE 1208248SF);
(5) National Background Investigation Services (PE
0608197V);
(6) Global Command and Control System (PE 0303150K);
and
(7) Acquisition Visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior Department
of Defense Appropriations Acts may be obligated or expended to
initiate additional Software and Digital Technology Pilot Programs
in fiscal year 2023.
SEC. 8108. In addition to amounts provided elsewhere in this
Act, there is appropriated $686,500,000, for an additional amount
for ‘‘Operation and Maintenance, Defense-Wide’’, to remain available until expended: Provided, That such funds shall only be available to the Secretary of Defense, acting through the Office of Local
Defense Community Cooperation of the Department of Defense,
or for transfer to the Secretary of Education, notwithstanding any
other provision of law, to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate,
repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition
deficiencies at such schools: Provided further, That in making such
funds available, the Office of Local Defense Community Cooperation
or the Secretary of Education shall give priority consideration to
those military installations with schools having the most serious
capacity or facility condition deficiencies as determined by the Secretary of Defense: Provided further, That as a condition of receiving
funds under this section a local educational agency or State shall
provide a matching share as described in the notice titled ‘‘Department of Defense Program for Construction, Renovation, Repair or
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Contracts.
Memorandums.
Grants.
Loans.
Corporations.
Taxes.
Determination.
Grants.
Contracts.
Determination.
PUBL328
136 STAT. 4614
Applicability.
Time period.
Notifications.
Deadline.
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Notifications.
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PUBLIC LAW 117–328—DEC. 29, 2022
Expansion of Public Schools Located on Military Installations’’ published by the Department of Defense in the Federal Register on
September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided further,
That these provisions apply to funds provided under this section,
and to funds previously provided by Congress to construct, renovate,
repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition
deficiencies at such schools to the extent such funds remain unobligated on the date of enactment of this section.
SEC. 8109. None of the funds made available in this Act may
be used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109–148).
SEC. 8110. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $300,000,000, to remain
available until September 30, 2024, shall be for the Ukraine Security Assistance Initiative: Provided, That such funds shall be available to the Secretary of Defense, with the concurrence of the Secretary of State, to provide assistance, including training; equipment;
lethal assistance; logistics support, supplies and services; salaries
and stipends; sustainment; and intelligence support to the military
and national security forces of Ukraine, and to other forces or
groups recognized by and under the authority of the Government
of Ukraine, including governmental entities within Ukraine,
engaged in resisting Russian aggression against Ukraine, for
replacement of any weapons or articles provided to the Government
of Ukraine from the inventory of the United States, and to recover
or dispose of equipment procured using funds made available in
this section in this or prior Acts: Provided further, That the Secretary of Defense shall, not less than 15 days prior to obligating
funds made available in this section, notify the congressional
defense committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense shall, not more
than 60 days after such notification is made, inform such committees if such funds have not been obligated and the reasons therefor:
Provided further, That the Secretary of Defense shall consult with
such committees in advance of the provision of support provided
to other forces or groups recognized by and under the authority
of the Government of Ukraine: Provided further, That the United
States may accept equipment procured using funds made available
in this section in this or prior Acts transferred to the security
forces of Ukraine and returned by such forces to the United States:
Provided further, That equipment procured using funds made available in this section in this or prior Acts, and not yet transferred
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the Secretary of Defense shall
provide quarterly reports to the congressional defense committees
on the use and status of funds made available in this section.
SEC. 8111. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That, such contributions shall, upon receipt, be credited to the
appropriations or fund which incurred such obligations.
SEC. 8112. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $1,510,260,000, to remain
available until September 30, 2024, shall be available for International Security Cooperation Programs and other programs to
provide support and assistance to foreign security forces or other
groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or building partner capacity programs: Provided, That the Secretary of Defense shall, not less than 15 days
prior to obligating funds made available in this section, notify
the congressional defense committees in writing of the details of
any planned obligation: Provided further, That the Secretary of
Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the
use and status of funds made available in this section.
SEC. 8113. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $410,000,000, to remain
available until September 30, 2024, shall be available to reimburse
Jordan, Lebanon, Egypt, Tunisia, and Oman under section 1226
of the National Defense Authorization Act for Fiscal Year 2016
(22 U.S.C. 2151 note), for enhanced border security, of which not
less than $150,000,000 shall be for Jordan: Provided, That the
Secretary of Defense shall, not less than 15 days prior to obligating
funds made available in this section, notify the congressional
defense committees in writing of the details of any planned obligation and the nature of the expenses incurred: Provided further,
That the Secretary of Defense shall provide quarterly reports to
the Committees on Appropriations of the House of Representatives
and the Senate on the use and status of funds made available
in this section.
SEC. 8114. None of the funds made available by this Act may
be used in contravention of the War Powers Resolution (50 U.S.C.
1541 et seq.).
SEC. 8115. None of the funds made available by this Act for
excess defense articles, assistance under section 333 of title 10,
United States Code, or peacekeeping operations for the countries
designated annually to be in violation of the standards of the
Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22
U.S.C. 2370c–1) may be used to support any military training
or operation that includes child soldiers, as defined by the Child
Soldiers Prevention Act of 2008, unless such assistance is otherwise
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Reports.
Time period.
Notifications.
Reports.
Time period.
Notifications.
Reports.
Child soldiers.
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Taliban.
Contracts.
Memorandums.
Grants.
Loans.
Rosoboronexport.
Waiver authority.
Determination.
Certification.
Russia.
Syria.
Review.
Reports.
PUBLIC LAW 117–328—DEC. 29, 2022
permitted under section 404 of the Child Soldiers Prevention Act
of 2008.
SEC. 8116. None of the funds made available by this Act may
be made available for any member of the Taliban.
SEC. 8117. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by
this Act, for support to friendly foreign countries in connection
with the conduct of operations in which the United States is not
participating, pursuant to section 331(d) of title 10, United States
Code, shall be made in accordance with section 8005 of this Act.
SEC. 8118. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or
provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary
of State and the Director of National Intelligence, determines that
it is in the vital national security interest of the United States
to do so, and certifies in writing to the congressional defense
committees that—
(1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have withdrawn from Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with
respect to a waiver issued by the Secretary of Defense pursuant
to subsection (b), and not later than 90 days after the date on
which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with
respect to such waiver.
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(INCLUDING TRANSFER OF FUNDS)
Determination.
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SEC. 8119. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $1,000,000,000, to remain
available until September 30, 2024, is hereby appropriated to the
Department of Defense and made available for transfer only to
other appropriations available to the Department of Defense in
Department of Defense Appropriations Acts: Provided, That such
funds shall be available to the Secretary of Defense for the purpose
of conducting activities relating to improvements of infrastructure
and defueling at the Red Hill Bulk Fuel Storage Facility: Provided
further, That amounts transferred pursuant to this appropriation
shall be merged with, and be available for the same purposes
and time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That
not less than 30 days prior to any transfer of funds pursuant
to this section, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, That not later than 60 days after the enactment
of this Act and every 30 days thereafter through fiscal year 2024,
the Secretary of Defense shall submit a report to the Committees
on Appropriations of the House of Representatives and Senate,
setting forth all categories and amounts of obligations and expenditures made under the authority provided in this section.
SEC. 8120. (a) Notwithstanding section 2215 of title 10, United
States Code, the Secretary of Defense may transfer to the Secretary
of State, for use by the United States Agency for International
Development, amounts to be used for the Bien Hoa dioxin cleanup
in Vietnam.
(b) Not more than $15,000,000 may be transferred in each
of fiscal years 2024 through 2030 under the transfer authority
in subsection (a).
(c) The transfer authority in subsection (a) is in addition to
any other transfer authority available to the Department of Defense.
(d) If the Secretary of Defense determines to use the transfer
authority in subsection (a), the Secretary shall notify the congressional defense committees of that determination not later than
30 days before the Secretary uses the transfer authority.
Time period.
Notifications.
Time period.
Reports.
Vietnam.
Determination.
Notifications.
Deadline.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8121. In addition to amounts appropriated in title III,
title IV, or otherwise made available elsewhere in this Act,
$1,052,501,000 is hereby appropriated to the Department of Defense
and made available for transfer to the procurement and research,
development, test and evaluation accounts of the Army, Navy,
Marine Corps, Air Force, and Space Force to reflect revised economic
assumptions: Provided, That the transfer authority provided under
this section is in addition to any other transfer authority provided
elsewhere in this Act: Provided further, That none of the funds
provided under this section may be obligated or expended until
30 days after the Secretary of Defense provides the Committees
on Appropriations of the House of Representatives and the Senate
a detailed execution plan for such funds.
SEC. 8122. Notwithstanding any other provision of this Act,
to reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $956,400,000.
SEC. 8123. Equipment procured using funds provided in prior
Acts under the heading ‘‘Counterterrorism Partnerships Fund’’ for
the program authorized by section 1209 of the Carl Levin and
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113–291), or under the heading
‘‘Iraq Train and Equip Fund’’ for the program authorized by section
1236 of such Act, and not yet transferred to authorized recipients
may be transferred to foreign security forces, irregular forces,
groups, or individuals, authorized to receive assistance using
amounts provided under the heading ‘‘Counter-ISIS Train and
Equip Fund’’ in this Act: Provided, That such equipment may
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Time period.
Execution plan.
Time period.
Notifications.
PUBL328
136 STAT. 4618
Determination.
Time period.
Notifications.
Contracts.
Time period.
Notifications.
Reports.
Applicability.
Embryos.
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Definition.
Notifications.
Deadline.
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PUBLIC LAW 117–328—DEC. 29, 2022
be transferred 15 days following written notification to the congressional defense committees.
SEC. 8124. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $25,000,000, to remain available until September 30, 2024, shall be for payments to reimburse
key cooperating nations for logistical, military, and other support,
including access, provided to United States military and stability
operations to counter the Islamic State of Iraq and Syria: Provided,
That such reimbursement payments may be made in such amounts
as the Secretary of Defense, with the concurrence of the Secretary
of State, and in consultation with the Director of the Office of
Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account for
the support provided, and such determination is final and conclusive
upon the accounting officers of the United States, and 15 days
following written notification to the appropriate congressional
committees: Provided further, That these funds may be used for
the purpose of providing specialized training and procuring supplies
and specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition forces
supporting United States military and stability operations to
counter the Islamic State of Iraq and Syria, and 15 days following
written notification to the appropriate congressional committees:
Provided further, That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House
of Representatives and the Senate on the use and status of funds
made available in this section.
SEC. 8125. In carrying out the program described in the memorandum on the subject of ‘‘Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members’’ issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the
guidance issued to implement such memorandum, the Secretary
of Defense shall apply such policy and guidance, except that—
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ‘‘assisted reproductive technology’’ shall
include embryo cryopreservation and storage without limitation
on the duration of such cryopreservation and storage.
SEC. 8126. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National Reconnaissance Office to the Space Force: Provided, That nothing in
this Act shall be construed to limit or prohibit cooperation,
collaboration, and coordination between the National Reconnaissance Office and the Space Force or any other elements of the
Department of Defense.
SEC. 8127. Funds awarded pursuant to the authority in section
8085 of the Department of Defense Appropriations Act, 2010 (Public
Law 111–118) to the Edward M. Kennedy Institute for the Senate
may be used for facility operations and maintenance, and program
activities, without regard to any previous endowment disbursement
limitations.
SEC. 8128. The Secretary of Defense shall notify the congressional defense committees in writing not more than 30 days after
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That not fewer than 15 days prior to
obligating such funds, the Secretary of Defense shall submit to
the congressional defense committees in writing a notification of
the planned use of such contributions, including whether such contributions would support existing or new stationing or operations
of the United States Armed Forces.
SEC. 8129. (a) The Chairman of the Joint Chiefs, in coordination
with the Secretaries of the military departments and the Chiefs
of the Armed Forces, shall submit to the congressional defense
committees, not later than 30 days after the last day of each
quarter of the fiscal year, a report on the use of operation and
maintenance funds for activities or exercises in excess of $5,000,000
that have been designated by the Secretary of Defense as unplanned
activities for fiscal year 2023.
(b) Each report required by subsection (a) shall also include—
(1) the title, date, and location, of each activity and exercise
covered by the report;
(2) an identification of the military department and units
that participated in each such activity or exercise (including
an estimate of the number of participants);
(3) the total cost of the activity or exercise, by budget
line item (with a breakdown by cost element such as transportation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 8130. Not later than 15 days after the date on which
any foreign base that involves the stationing or operations of the
United States Armed Forces, including a temporary base, permanent base, or base owned and operated by a foreign country, is
opened or closed, the Secretary of Defense shall notify the congressional defense committees in writing of the opening or closing
of such base: Provided, That such notification shall also include
information on any personnel changes, costs, and savings associated
with the opening or closing of such base.
SEC. 8131. None of the funds made available by this Act may
be used with respect to Iraq in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States Armed Forces into hostilities in Iraq, into situations in Iraq where imminent involvement in hostilities is clearly
indicated by the circumstances, or into Iraqi territory, airspace,
or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections
3 and 4 of such Resolution (50 U.S.C. 1542 and 1543).
SEC. 8132. None of the funds made available by this Act may
be used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed or military forces into hostilities in Syria,
into situations in Syria where imminent involvement in hostilities
is clearly indicated by the circumstances, or into Syrian territory,
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Time period.
Reports.
Costs.
Deadline.
Notifications.
Iraq.
Syria.
PUBL328
136 STAT. 4620
Iran.
North Korea.
Iraq.
Syria.
Wuhan Institute
of Virology.
Azov Battalion.
Khalid Sheikh
Mohammed.
Detainees.
Cuba.
Detainees.
Cuba.
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Detainees.
Cuba.
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PUBLIC LAW 117–328—DEC. 29, 2022
airspace, or waters while equipped for combat, in contravention
of the congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
SEC. 8133. Nothing in this Act may be construed as authorizing
the use of force against Iran or the Democratic People’s Republic
of Korea.
SEC. 8134. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended
by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
SEC. 8135. None of the funds made available by this Act under
the heading ‘‘Counter-ISIS Train and Equip Fund’’, and under
the heading ‘‘Operation and Maintenance, Defense-Wide’’ for
Department of Defense security cooperation grant programs, may
be used to procure or transfer man-portable air defense systems.
SEC. 8136. Up to $500,000,000 of funds appropriated by this
Act for the Defense Security Cooperation Agency in ‘‘Operation
and Maintenance, Defense-Wide’’ may be used to provide assistance
to the Government of Jordan to support the armed forces of Jordan
and to enhance security along its borders.
SEC. 8137. None of the funds made available by this Act may
be used to support any activity conducted by, or associated with,
the Wuhan Institute of Virology.
SEC. 8138. None of the funds made available by this Act may
be used to provide arms, training, or other assistance to the Azov
Battalion.
SEC. 8139. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guanta´namo Bay, Cuba, by the Department of Defense.
SEC. 8140. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guanta´namo Bay, Cuba, to the
custody or control of the individual’s country of origin, any other
foreign country, or any other foreign entity except in accordance
with section 1034 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92) and section 1035 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115–232).
SEC. 8141. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4621
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guanta´namo 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,
Guanta´namo 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, Guanta´namo Bay, Cuba.
SEC. 8142. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guanta´namo Bay, Cuba.
SEC. 8143. None of the funds made available by this Act may
be used to fund any work to be performed by EcoHealth Alliance,
Inc. in China on research supported by the government of China
unless the Secretary of Defense determines that a waiver to such
prohibition is in the national security interests of the United States
and, not later than 14 days after granting such a waiver, submits
to the congressional defense committees a detailed justification
for the waiver, including—
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such funds;
(4) an identification of the recipient or prospective recipient
of such funds (including any third-party entity recipient, as
applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines appropriate.
SEC. 8144. (a) Within 45 days of enactment of this Act, the
Secretary of Defense shall allocate amounts made available from
the Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America Defense Fund for fiscal year 2023 pursuant to the
transfer authority in section 102(b)(1) of the CHIPS Act of 2022
(division A of Public Law 117–167), to the account specified, in
the amounts specified, and for the projects and activities specified,
in the table titled ‘‘Department of Defense Allocation of Funds:
CHIPS and Science Act Fiscal Year 2023’’ in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
(b) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under section
102(b)(2) of the CHIPS Act of 2022 if there is in effect an Act
making or continuing appropriations for part of a fiscal year for
the Department of Defense: Provided, That in any fiscal year,
the matter preceding this proviso shall not apply to the allocation,
apportionment, or allotment of amounts for continuing administration of programs allocated using funds transferred from the CHIPS
for America Defense Fund, which may be allocated pursuant to
the transfer authority in section 102(b)(1) of the CHIPS Act of
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Cuba.
EcoHealth
Alliance, Inc.
China.
Determination.
Waiver authority.
Deadline.
Deadline.
Allocation.
PUBL328
136 STAT. 4622
Reallocation.
Allocations.
Reports.
Ridge Alkonis.
Determination.
Energy and
Water
Development and
Related Agencies
Appropriations
Act, 2023.
PUBLIC LAW 117–328—DEC. 29, 2022
2022 only in amounts that are no more than the allocation for
such purposes in subsection (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated
by subsection (a) of this section, subject to the terms and conditions
contained in the provisos in section 8005 of this Act: Provided,
That amounts may be reallocated pursuant to this subsection only
for those requirements necessary to carry out section 9903(b) of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116–283).
(d) Concurrent with the annual budget submission of the President for fiscal year 2024, the Secretary of Defense shall submit
to the Committees on Appropriations of the House of Representatives and the Senate proposed allocations by account and by program, project, or activity, with detailed justifications, for amounts
made available under section 102(b)(2) of the CHIPS Act of 2022
for fiscal year 2024.
(e) The Department of Defense shall provide the Committees
on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and activities
funded by the CHIPS for America Defense Fund for amounts allocated pursuant to subsection (a) of this section, including all
uncommitted, committed, and unobligated funds.
SEC. 8145. The Secretary of the Navy shall continue to provide
pay and allowances to Lieutenant Ridge Alkonis, United States
Navy, until such time as the Secretary of the Navy makes a determination with respect to the separation of Lieutenant Alkonis from
the Navy.
This division may be cited as the ‘‘Department of Defense
Appropriations Act, 2023’’.
DIVISION D—ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
CORPS
OF
ENGINEERS—CIVIL
The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and
related efforts.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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 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.
Work plan.
CONSTRUCTION
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to
construction); $1,808,800,000, to remain available until expended;
of which $75,518,000, to be derived from the Harbor Maintenance
Trust Fund, shall be to cover the Federal share of construction
costs for facilities under the Dredged Material Disposal Facilities
program; and of which such sums as are necessary to cover 35
percent of the costs of construction, replacement, rehabilitation,
and expansion of inland waterways projects shall be derived from
the Inland Waterways Trust Fund, except as otherwise specifically
provided for in law: Provided, That the Secretary shall not deviate
from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
Work plan.
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley below
Cape Girardeau, Missouri, as authorized by law, $370,000,000, to
remain available until expended, of which $15,390,000, to be derived
from the Harbor Maintenance Trust Fund, shall be to cover the
Federal share of eligible operation and maintenance costs for inland
harbors: Provided, That the Secretary shall not deviate from the
work plan, once the plan has been submitted to the Committees
on Appropriations of both Houses of Congress.
Work plan.
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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
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136 STAT. 4624
Time period.
Determination.
Allocation.
Work plan.
PUBLIC LAW 117–328—DEC. 29, 2022
and maintenance costs for coastal harbors and channels, and for
inland harbors; of which such sums as become available from the
special account for the Corps of Engineers established by the Land
and Water Conservation Fund Act of 1965 shall be derived from
that account for resource protection, research, interpretation, and
maintenance activities related to resource protection in the areas
at which outdoor recreation is available; of which such sums as
become available from fees collected under section 217 of Public
Law 104–303 shall be used to cover the cost of operation and
maintenance of the dredged material disposal facilities for which
such fees have been collected; and of which $56,000,000, to be
derived from the general fund of the Treasury, shall be to carry
out subsection (c) of section 2106 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2238c) and shall be designated as being for such purpose pursuant to paragraph (2)(B)
of section 14003 of division B of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116–136): Provided, That 1
percent of the total amount of funds provided for each of the
programs, projects, or activities funded under this heading shall
not be allocated to a field operating activity prior to the beginning
of the fourth quarter of the fiscal year and shall be available
for use by the Chief of Engineers to fund such emergency activities
as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used
for emergency activities proportionally in accordance with the
amounts provided for the programs, projects, or activities: Provided
further, That the Secretary shall not deviate from the work plan,
once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $218,000,000, to
remain available until September 30, 2024.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $400,000,000, to remain
available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations, repairs,
and other activities in response to such disasters as authorized
by law, $35,000,000, to remain available until expended.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Reports.
Work plan.
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
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(INCLUDING TRANSFER OF FUNDS)
SEC. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the agencies
or entities funded in title I of this Act that remain available for
obligation or expenditure in fiscal year 2023, shall be available
for obligation or expenditure through a reprogramming of funds
that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
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Advance
approvals.
Advance
approvals.
Advance
approvals.
PUBL328
136 STAT. 4626
Notifications.
Guidelines.
Applicability.
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Reports.
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PUBLIC LAW 117–328—DEC. 29, 2022
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may
be reprogrammed into any continuing study or activity that
did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further,
That up to $300,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation for
existing obligations and concomitant administrative expenses;
(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount
up to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply
to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account,
respectively; and
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of
the receiving project is permitted.
(b) DE MINIMUS REPROGRAMMINGS.—In no case should a reprogramming for less than $50,000 be submitted to the Committees
on Appropriations of both Houses of Congress.
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall
not apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer authorities
for the current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level;
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this Act
and in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
SEC. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds beyond
the amounts appropriated for that program, project, or activity
that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming
pursuant to section 101.
SEC. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ‘‘Operation and Maintenance’’ to mitigate
for fisheries lost due to Corps of Engineers projects.
SEC. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner for
the disposal or management of dredged material originating from
Lake Erie or tributaries thereto, unless it is approved under a
State water quality certification pursuant to section 401 of the
Federal Water Pollution Control Act (33 U.S.C. 1341): Provided,
That until an open lake placement alternative for dredged material
is approved under a State water quality certification, the Corps
of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water
Resources Development Act of 1986 (33 U.S.C. 2211).
SEC. 106. None of the funds made available by this Act may
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 595).
SEC. 107. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the Civil
Works functions or authority of the Corps of Engineers or the
Secretary of the Army to another department or agency.
SEC. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief
of Engineers.
Allocation.
Contracts.
Kentucky.
Allocations.
Determinations.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
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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
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PUBL328
136 STAT. 4628
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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-
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That the Bureau
of Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102–575: Provided further, That
none of the funds made available under this heading may be used
for the acquisition or leasing of water for in-stream purposes if
the water is already committed to in-stream purposes by a court
adopted decree or order.
Assessments.
Contracts.
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.
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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.
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PUBL328
136 STAT. 4630
PUBLIC LAW 117–328—DEC. 29, 2022
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
Advance
approvals.
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Definition.
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SEC. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous
or subsequent appropriations Acts to the agencies or entities funded
in title II of this Act for Water and Related Resources that remain
available for obligation or expenditure in fiscal year 2023, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the beginning
of the fiscal year; or
(B) $400,000 for any program, project or activity for
which less than $2,000,000 is available at the beginning
of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program, project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and
real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of both Houses
of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ‘‘transfer’’ means
any movement of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts
made available in this title under the heading ‘‘Bureau of Reclamation—Water and Related Resources’’ shall be expended for the programs, projects, and activities specified in the ‘‘Final Bill’’ columns
in the ‘‘Water and Related Resources’’ table included under the
heading ‘‘Title II—Department of the Interior’’ in the explanatory
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4631
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses
of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the
date of enactment of this Act.
SEC. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program—Alternative Repayment Plan’’ and the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, prepared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal reclamation law.
SEC. 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
‘‘$750,000,000’’ and inserting ‘‘$820,000,000’’.
SEC. 204. (a) Title I of Public Law 108–361 (the Calfed BayDelta Authorization Act) (118 Stat. 1681), as amended by section
204 of division D of Public Law 117–103, shall be applied by
substituting ‘‘2023’’ for ‘‘2022’’ each place it appears.
(b) Section 103(f)(4)(A) of Public Law 108–361 (the Calfed BayDelta Authorization Act) is amended by striking ‘‘$25,000,000’’ and
inserting ‘‘$30,000,000’’.
SEC. 205. Section 9106(g)(2) of Public Law 111–11 (Omnibus
Public Land Management Act of 2009) shall be applied by substituting ‘‘2023’’ for ‘‘2022’’.
SEC. 206. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be
applied by substituting ‘‘2023’’ for ‘‘2022’’.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting
‘‘2023’’ for ‘‘2022’’ and by substituting ‘‘$130,000,000’’ for
‘‘$120,000,000’’.
SEC. 207. Section 529(b)(3) of the Water Resources Development
Act of 2000 (Public Law 106–541) as amended, is amended by
striking ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’.
SEC. 208. None of the funds made available by this Act may
be used for pre-construction or construction activities for any project
recommended after enactment of the Energy and Water Development and Related Agencies Appropriations Act, 2020 and prior
to enactment of this Act by the Secretary of the Interior and
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Reports.
Determination.
California.
Plan.
Reimbursements.
Applicability.
Ante, p. 221.
118 Stat. 1696.
Applicability.
123 Stat. 1309.
Applicability.
43 USC 2214
note.
43 USC 2241
note.
114 Stat. 2658.
PUBL328
136 STAT. 4632
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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PUBL328
136 STAT. 4634
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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URANIUM ENRICHMENT DECONTAMINATION
FUND
AND
DECOMMISSIONING
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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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:
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PUBL328
136 STAT. 4636
Reduction.
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Determination.
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PUBLIC LAW 117–328—DEC. 29, 2022
Provided, That for necessary administrative expenses of the Title
17 Innovative Technology Loan Guarantee Program, as authorized,
$66,206,000 is appropriated, to remain available until September
30, 2024: Provided further, That up to $66,206,000 of fees collected
in fiscal year 2023 pursuant to section 1702(h) of the Energy Policy
Act of 2005 shall be credited as offsetting collections under this
heading and used for necessary administrative expenses in this
appropriation and shall remain available until September 30, 2024:
Provided further, That to the extent that fees collected in fiscal
year 2023 exceed $66,206,000, those excess amounts shall be credited as offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated
from the general fund shall be reduced (1) as such fees are received
during fiscal year 2023 (estimated at $35,000,000) and (2) to the
extent that any remaining general fund appropriations can be
derived from fees collected in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2023
appropriation from the general fund estimated at $0: Provided
further, That the Department of Energy shall not subordinate any
loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation of
section 609.10 of title 10, Code of Federal Regulations.
Of the unobligated balances from amounts made available in
the first proviso of section 1425 of the Department of Defense
and Full-Year Continuing Appropriations Act, 2011 (Public Law
112–10) for the cost of loan guarantees under section 1703 of
the Energy Policy Act of 2005, $150,000,000 are hereby permanently
rescinded: Provided, That, subject to section 502 of the Congressional Budget Act of 1974, commitments to guarantee loans for
eligible projects under title XVII of the Energy Policy Act of 2005,
shall not exceed a total principal amount of $15,000,000,000, to
remain available until committed: Provided further, That the
amounts provided under this paragraph are in addition to those
provided in any other Act: Provided further, That for amounts
collected pursuant to section 1702(b)(2) of the Energy Policy Act
of 2005, the source of such payment received from borrowers may
not be a loan or other debt obligation that is guaranteed by the
Federal Government: Provided further, That none of such loan
guarantee authority made available under this paragraph shall
be available for commitments to guarantee loans for any projects
where funds, personnel, or property (tangible or intangible) of any
Federal agency, instrumentality, personnel, or affiliated entity are
expected be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases,
procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from
the project: Provided further, That the preceding proviso shall not
be interpreted as precluding the use of the loan guarantee authority
provided under this paragraph for commitments to guarantee loans
for: (1) projects as a result of such projects benefitting from otherwise allowable Federal income tax benefits; (2) projects as a result
of such projects benefitting from being located on Federal land
pursuant to a lease or right-of-way agreement for which all consideration for all uses is: (A) paid exclusively in cash; (B) deposited
in the Treasury as offsetting receipts; and (C) equal to the fair
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Certification.
Compliance.
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN
PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $9,800,000, to remain available until September
30, 2024.
TRIBAL ENERGY LOAN GUARANTEE PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$2,000,000, to remain available until September 30, 2024: Provided,
That in this fiscal year and subsequent fiscal years, under section
2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the
Secretary of Energy may also provide direct loans, as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a): Provided further, That such direct loans shall be made
through the Federal Financing Bank, with the full faith and credit
of the United States Government on the principal and interest:
Provided further, That any funds previously appropriated for the
cost of loan guarantees under section 2602(c) of the Energy Policy
Act of 1992 (25 U.S.C. 3502(c)) may also be used, in this fiscal
year and subsequent fiscal years, for the cost of direct loans provided
under such section of such Act: Provided further, That for the
cost of direct loans for the Tribal Energy Loan Guarantee Program
as provided for in the preceding three provisos and for the cost
of guaranteed loans for such program under section 2602(c) of
the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $2,000,000,
to remain available until expended: Provided further, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a).
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INDIAN ENERGY POLICY
AND
25 USC 3502
note.
25 USC 3502
note.
25 USC 3502
note.
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.
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PUBL328
136 STAT. 4638
PUBLIC LAW 117–328—DEC. 29, 2022
DEPARTMENTAL ADMINISTRATION
Reduction.
For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $383,578,000, to remain available until September 30,
2024, including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $30,000, plus
such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further, That
moneys received by the Department for miscellaneous revenues
estimated to total $100,578,000 in fiscal year 2023 may be retained
and used for operating expenses within this account, as authorized
by section 201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023 appropriation
from the general fund estimated at not more than $283,000,000.
OFFICE
OF THE INSPECTOR
GENERAL
For expenses necessary for the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $86,000,000, to remain available until September 30, 2024.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$17,116,119,000, to remain available until expended: Provided, That
of such amount, $130,070,000 shall be available until September
30, 2024, for program direction.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
DECOMMISSIONING
AND
(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’’.
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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
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PUBL328
136 STAT. 4640
PUBLIC LAW 117–328—DEC. 29, 2022
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
Reduction.
MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $8,173,000, including
official reception and representation expenses in an amount not
to exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $8,173,000 collected by the Southeastern
Power Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023 appropriation
estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $78,696,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
OPERATION
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AND
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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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 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).
Reduction.
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CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, $299,573,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended, of which $299,573,000
shall be derived from the Department of the Interior Reclamation
Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), and section
1 of the Interior Department Appropriation Act, 1939 (43 U.S.C.
392a), up to $200,841,000 collected by the Western Area Power
Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections,
to remain available until expended, for the sole purpose of funding
the annual expenses of the Western Area Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023 appropriation
estimated at not more than $98,732,000, of which $98,732,000 is
derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $475,000,000 collected by the
Western Area Power Administration pursuant to the Flood Control
Act of 1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
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Reduction.
PUBL328
136 STAT. 4642
PUBLIC LAW 117–328—DEC. 29, 2022
FALCON
Reduction.
AND
AMISTAD OPERATING
AND
MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 2 of
the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up
to $6,102,000 collected by the Western Area Power Administration
from the sale of power and related services from the Falcon and
Amistad Dams shall be credited to this account as discretionary
offsetting collections, to remain available until expended for the
sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal
year 2023 appropriation estimated at not more than $228,000:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for fiscal
year 2023, the Administrator of the Western Area Power Administration may accept up to $1,598,000 in funds contributed by United
States power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds
shall be available without further appropriation and without fiscal
year limitation for use by the Commissioner of the United States
Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams
in accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
42 USC 7171
note.
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Reduction.
42 USC 7171
note.
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01:55 Jul 26, 2023
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, official reception and representation
expenses not to exceed $3,000, and the hire of passenger motor
vehicles, $508,400,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to
exceed $508,400,000 of revenues from fees and annual charges,
and other services and collections in fiscal year 2023 shall be
retained and used for expenses necessary in this account, and
shall remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2023 so as to result
in a final fiscal year 2023 appropriation from the general fund
estimated at not more than $0.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4643
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GENERAL PROVISIONS—DEPARTMENT OF ENERGY
SEC. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used
to initiate or resume any program, project, or activity or to prepare
or initiate Requests For Proposals or similar arrangements
(including Requests for Quotations, Requests for Information, and
Funding Opportunity Announcements) for a program, project, or
activity if the program, project, or activity has not been funded
by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full business
days in advance, none of the funds made available in this title
may be used to—
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days of
the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000
provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award,
the amount of the award, the fiscal year for which the funds
for the award were appropriated, the account and program, project,
or activity from which the funds are being drawn, the title of
the award, and a brief description of the activity for which the
award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made available in this title under the heading ‘‘Department of Energy—Energy
Programs’’, enter into a multiyear contract, award a multiyear
grant, or enter into a multiyear cooperative agreement unless—
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government’s obligation on
the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified
in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table
included under the heading ‘‘Title III—Department of Energy’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
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Notifications.
Time period.
Grants.
Contracts.
Reports.
Contracts.
Grants.
Notifications.
Time period.
PUBL328
136 STAT. 4644
Notifications.
Advance
approvals.
Time period.
Waiver authority.
Notifications.
Deadline.
Oversight.
Compliance.
Cost estimate.
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Determination.
President.
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PUBLIC LAW 117–328—DEC. 29, 2022
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees
on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or
decrease by more than $5,000,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(f) None of the funds provided in this title shall be available
for obligation or expenditure through a reprogramming of funds
that—
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement
or restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or restriction
would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted
such waiver.
(h) The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
SEC. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 3094) during fiscal year 2023 until the enactment of
the Intelligence Authorization Act for fiscal year 2023.
SEC. 303. None of the funds made available in this title shall
be used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure
the project is in compliance with nuclear safety requirements.
SEC. 304. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.
SEC. 305. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination by
the President in this fiscal year that a regional supply shortage
of refined petroleum product of significant scope and duration exists,
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4645
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that a severe increase in the price of refined petroleum product
will likely result from such shortage, and that a draw down and
sale of refined petroleum product would assist directly and significantly in reducing the adverse impact of such shortage, the Secretary of Energy may draw down and sell refined petroleum product
from the Strategic Petroleum Reserve. Proceeds from a sale under
this section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and Conservation
Act (42 U.S.C. 6247), and such amounts shall be available for
obligation, without fiscal year limitation, consistent with that section.
SEC. 306. No funds shall be transferred directly from ‘‘Department of Energy—Power Marketing Administration—Colorado River
Basins Power Marketing Fund, Western Area Power Administration’’ to the general fund of the Treasury in the current fiscal
year.
SEC. 307. All unavailable collections currently in the United
States Enrichment Corporation Fund shall be transferred to and
merged with the Uranium Enrichment Decontamination and
Decommissioning Fund and shall be available only to the extent
provided in advance in appropriations Acts.
SEC. 308. Subparagraphs (B) and (C) of section 40401(a)(2)
of Public Law 117–58, paragraph (3) of section 1702(r) of the Energy
Policy Act of 2005 (42 U.S.C. 16512(r)(3)) as added by section
40401(c)(2)(C) of Public Law 117–58, and subsection (l) of section
136 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17013(l)), are hereby repealed.
SEC. 309. (a) Hereafter, for energy development, demonstration,
and deployment programs funded under Department of Energy
appropriations (other than those for the National Nuclear Security
Administration and Office of Environmental Management) provided
for fiscal year 2022, the current fiscal year, or any fiscal year
thereafter (including by Acts other than appropriations Acts), the
Secretary may vest unconditional title or other property interests
acquired under projects in an award recipient, subrecipient, or
successor in interest, including the United States, at the conclusion
of the award period for projects receiving an initial award in fiscal
year 2022 or later.
(b) Upon vesting unconditional title pursuant to subsection
(a) in an award recipient, subrecipient, or successor in interest
other than the United States, the United States shall have no
liabilities or obligations to the property.
(c) For purposes of this section, the term ‘‘property interest’’
does not include any interest in intellectual property developed
using funding provided under a project.
SEC. 310. None of the funds made available in this title may
be used to support a grant allocation award, discretionary grant
award, or cooperative agreement that exceeds $100,000,000 in Federal funding unless the project is carried out through internal
independent project management procedures.
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Repeals.
Property
interests.
42 USC 7274l–1.
Definition.
PUBL328
136 STAT. 4646
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Reduction.
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OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $15,769,000, to remain available until September 30, 2024:
Provided, That revenues from licensing fees, inspection services,
and other services and collections estimated at $12,655,000 in fiscal
year 2023 shall be retained and be available until September 30,
2024, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2023 so as
to result in a final fiscal year 2023 appropriation estimated at
not more than $3,114,000: Provided further, That of the amounts
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Reduction.
PUBL328
136 STAT. 4648
PUBLIC LAW 117–328—DEC. 29, 2022
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
Compliance.
Notifications.
Time period.
Waiver authority.
Notifications.
Deadline.
Reports.
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Reports.
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SEC. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for
information, consistent with Department of Justice guidance for
all Federal agencies.
SEC. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify the
Committees on Appropriations of both Houses of Congress at least
30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease
by more than $500,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with such
requirement would pose a substantial risk to human health, the
environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not later
than 3 days after the date of the activity to which a requirement
or restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver and shall provide a detailed report
to the Committees of such waiver and changes to funding levels
to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ‘‘Nuclear Regulatory
Commission—Salaries and Expenses’’ shall be expended as directed
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through
a reprogramming of funds that increases funds or personnel for
any program, project, or activity for which funds are denied or
restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations—
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4649
TITLE V
GENERAL PROVISIONS
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(INCLUDING TRANSFER OF FUNDS)
SEC. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant
to a transfer made by or transfer authority provided in this Act
or any other appropriations Act for any fiscal year, transfer
authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal year,
transfer authority referenced in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide
goods or services to another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded
in this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any
authority whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6
months and in the year-to-date. This report shall include the
amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority.
SEC. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of February
11, 1994 (Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations).
SEC. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2023’’.
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Lobbying.
Reports.
Time periods.
Pornography.
PUBL328
136 STAT. 4650
PUBLIC LAW 117–328—DEC. 29, 2022
DIVISION E—FINANCIAL SERVICES AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2023
Financial
Services and
General
Government
Appropriations
Act, 2023.
Department of
the Treasury
Appropriations
Act, 2023.
TITLE I
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman’s Bank Building; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned overseas,
when necessary for the performance of official business; executive
direction program activities; international affairs and economic
policy activities; domestic finance and tax policy activities, including
technical assistance to State, local, and territorial entities; and
Treasury-wide management policies and programs activities,
$273,882,000, of which not less than $12,000,000 shall be available
for the administration of financial assistance, in addition to amounts
otherwise available for such purposes: Provided, That of the amount
appropriated under this heading—
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies
of a confidential nature to be allocated and expended under
the direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary’s certificate; and
(3) not to exceed $34,000,000 shall remain available until
September 30, 2024, for—
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Cybersecurity and Critical Infrastructure Protection, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)
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Notifications.
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For necessary expenses of the Committee on Foreign Investment in the United States, $21,000,000, to remain available until
expended: Provided, That the chairperson of the Committee may
transfer such amounts to any department or agency represented
on the Committee (including the Department of the Treasury) subject to advance notification to the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That amounts so transferred shall remain available until expended
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Reduction.
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
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(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’’.
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PUBL328
136 STAT. 4652
PUBLIC LAW 117–328—DEC. 29, 2022
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
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
BUREAU
OF THE
136 STAT. 4653
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.
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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—
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PUBL328
136 STAT. 4654
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Definition.
Time period.
State and local
governments.
Puerto Rico.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) not less than $196,000,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2024, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively,
of Public Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of
which up to $1,600,000 may be available for training and
outreach under section 109 of Public Law 103–325 (12 U.S.C.
4708), of which up to $3,153,750 may be used for the cost
of direct loans, of which up to $10,000,000, notwithstanding
subsection (d) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d)), may be available to provide financial assistance, technical assistance, training, and outreach to community development financial institutions to expand investments that benefit
individuals with disabilities, and of which up to $2,000,000
shall be for the Economic Mobility Corps to be operated in
conjunction with the Corporation for National and Community
Service, pursuant to 42 U.S.C. 12571: Provided, That the cost
of direct and guaranteed loans, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal
amount of direct loans not to exceed $25,000,000: Provided
further, That of the funds provided under this paragraph,
excluding those made to community development financial
institutions to expand investments that benefit individuals with
disabilities and those made to community development financial
institutions that serve populations living in persistent poverty
counties, the CDFI Fund shall prioritize Financial Assistance
awards to organizations that invest and lend in high-poverty
areas: Provided further, That for purposes of this section, the
term ‘‘high-poverty area’’ means any census tract with a poverty
rate of at least 20 percent as measured by the 2016–2020
5-year data series available from the American Community
Survey of the Bureau of the Census for all States and Puerto
Rico or with a poverty rate of at least 20 percent as measured
by the 2010 Island areas Decennial Census data for any territory or possession of the United States;
(2) not less than $25,000,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)), is available
until September 30, 2024, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities and provided primarily through qualified community
development lender organizations with experience and expertise
in community development banking and lending in Indian
country, Native American organizations, Tribes and Tribal
organizations, and other suitable providers;
(3) not less than $35,000,000 is available until September
30, 2024, for the Bank Enterprise Award program;
(4) not less than $24,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2024, for
a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community
development financial institutions for the purpose of offering
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That such
section 114A shall remain in effect until December 31, 2023:
Provided further, That of the funds awarded under this heading,
except those provided for the Economic Mobility Corps, not
less than 10 percent shall be used for awards that support
investments that serve populations living in persistent poverty
counties: Provided further, That for the purposes of this paragraph and paragraph (1), the term ‘‘persistent poverty counties’’
means any county, including county equivalent areas in Puerto
Rico, that has had 20 percent or more of its population living
in poverty over the past 30 years, as measured by the 1990
and 2000 decennial censuses and the 2016–2020 5-year data
series available from the American Community Survey of the
Bureau of the Census or any other territory or possession
of the United States that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured
by the 1990, 2000 and 2010 Island Areas Decennial Censuses,
or equivalent data, of the Bureau of the Census.
Termination
date.
12 USC 4713a
note.
Definition.
Puerto Rico.
Time periods.
INTERNAL REVENUE SERVICE
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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
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PUBL328
136 STAT. 4656
PUBLIC LAW 117–328—DEC. 29, 2022
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
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Reports.
Summaries.
Strategies.
26 USC 7801
note.
Summaries.
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For necessary expenses to operate the Internal Revenue Service
to support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage; physical security; headquarters and other IRS-wide administration activities;
research and statistics of income; telecommunications; information
technology development, enhancement, operations, maintenance
and security; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); the operations of the Internal Revenue Service Oversight
Board; and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner; $4,100,826,000,
of which not to exceed $275,000,000 shall remain available until
September 30, 2024; of which not to exceed $10,000,000 shall remain
available until expended for acquisition of equipment and construction, repair and renovation of facilities; of which not to exceed
$1,000,000 shall remain available until September 30, 2025, for
research; and of which not to exceed $20,000 shall be for official
reception and representation expenses: Provided, That not later
than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate and the Comptroller
General of the United States detailing major information technology
investments in the Internal Revenue Service Integrated Modernization Business Plan portfolio, including detailed, plain language
summaries on the status of plans, costs, and results; prior results
and actual expenditures of the prior quarter; upcoming deliverables
and costs for the fiscal year; risks and mitigation strategies associated with ongoing work; reasons for any cost or schedule variances;
and total expenditures by fiscal year: Provided further, That the
Internal Revenue Service shall include, in its budget justification
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Not to exceed 5 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
‘‘Enforcement’’ heading, and not to exceed 5 percent of any other
appropriation made available in this Act to the Internal Revenue
Service, may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
SEC. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following topics:
taxpayers’ rights, dealing courteously with taxpayers, cross-cultural
relations, ethics, and the impartial application of tax law.
SEC. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against
identity theft.
SEC. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–
800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1–
800 help line service a priority and allocate resources necessary
to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes.
SEC. 105. The Internal Revenue Service shall issue a notice
of confirmation of any address change relating to an employer
making employment tax payments, and such notice shall be sent
to both the employer’s former and new address and an officer
or employee of the Internal Revenue Service shall give special
consideration to an offer-in-compromise from a taxpayer who has
been the victim of fraud by a third party payroll tax preparer.
SEC. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target citizens
of the United States for exercising any right guaranteed under
the First Amendment to the Constitution of the United States.
SEC. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs.
SEC. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes,
documentation requirements, and policies issued by the Chief
Financial Officer, Human Capital Office, and Agency-Wide Shared
Services as a result of the recommendations in the report published
on May 31, 2013, by the Treasury Inspector General for Tax
Administration entitled ‘‘Review of the August 2010 Small Business/
Self-Employed Division’s Conference in Anaheim, California’’ (Reference Number 2013–10–037).
SEC. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended—
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Advance
approvals.
Policies.
Procedures.
Confidentiality.
Identify theft.
Notice.
PUBL328
136 STAT. 4658
PUBLIC LAW 117–328—DEC. 29, 2022
(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)
Contracts.
Advance
approvals.
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Advance
approvals.
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SEC. 113. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor
vehicles operated in foreign countries; purchase of motor vehicles
without regard to the general purchase price limitations for vehicles
purchased and used overseas for the current fiscal year; entering
into contracts with the Department of State for the furnishing
of health and medical services to employees and their dependents
serving in foreign countries; and services authorized by 5 U.S.C.
3109.
SEC. 114. Not to exceed 2 percent of any appropriations in
this title made available under the headings ‘‘Departmental
Offices—Salaries and Expenses’’, ‘‘Office of Inspector General’’, ‘‘Special Inspector General for the Troubled Asset Relief Program’’,
‘‘Financial Crimes Enforcement Network’’, ‘‘Bureau of the Fiscal
Service’’, and ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may
be transferred between such appropriations upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer under
this section may increase or decrease any such appropriation by
more than 2 percent.
SEC. 115. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That such amounts shall be reimbursed
to such salaries and expenses account from debt collections received
in the Debt Collection Fund.
SEC. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the explicit
approval of the Committees on Appropriations of the House of
Representatives and the Senate, the House Committee on Financial
Services, and the Senate Committee on Banking, Housing, and
Urban Affairs.
SEC. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used to
consolidate any or all functions of the Bureau of Engraving and
Printing and the United States Mint without the explicit approval
of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the
Senate.
SEC. 120. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of the
Treasury’s intelligence or intelligence related activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2023 until the enactment of the Intelligence Authorization Act for Fiscal Year 2023.
SEC. 121. Not to exceed $5,000 shall be made available from
the Bureau of Engraving and Printing’s Industrial Revolving Fund
for necessary official reception and representation expenses.
SEC. 122. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the House
of Representatives and the Senate not later than 30 days following
the submission of the annual budget submitted by the President:
Provided, That such Capital Investment Plan shall include capital
investment spending from all accounts within the Department of
the Treasury, including but not limited to the Department-wide
Systems and Capital Investment Programs account, Treasury Franchise Fund account, and the Treasury Forfeiture Fund account:
Provided further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each capital
investment project that has not been fully completed.
SEC. 123. During fiscal year 2023—
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to
a particular taxpayer relating to the standard which is used
to determine whether an organization is operated exclusively
for the promotion of social welfare for purposes of section
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Reimbursement.
Approval
requirement.
Approval
requirement.
Plan.
Deadline.
Nonprofit
organizations.
PUBL328
136 STAT. 4660
Applicability.
Determination.
Reports.
Reports.
Estimate.
Estimate.
Testimony.
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31 USC 5142
note.
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PUBLIC LAW 117–328—DEC. 29, 2022
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535
(November 29, 2013)); and
(2) the standard and definitions as in effect on January
1, 2010, which are used to make such determinations shall
apply after the date of the enactment of this Act for purposes
of determining status under section 501(c)(4) of such Code
of organizations created on, before, or after such date.
SEC. 124. Within 45 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit an itemized report
to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to
each office by the Franchise Fund including the amount charged
for each service provided by the Franchise Fund to each office,
a detailed description of the services, a detailed explanation of
how each charge for each service is calculated, and a description
of the role customers have in governing in the Franchise Fund.
SEC. 125. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of Financial
Research shall submit reports on their activities to the Committees
on Appropriations of the House of Representatives and the Senate,
the Committee on Financial Services of the House of Representatives, and the Senate Committee on Banking, Housing, and Urban
Affairs.
(b) The reports required under subsection (a) shall include—
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents
of the reports required under subsection (a).
SEC. 126. In addition to amounts otherwise available, there
is appropriated to the Special Inspector General for Pandemic
Recovery, $12,000,000, to remain available until expended, for necessary expenses in carrying out section 4018 of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116–136).
SEC. 127. Section 127 of the Department of the Treasury Appropriations Act, 2019 (title I of division D of Public Law 116–6)
is amended by inserting before the period at the end the following:
‘‘, including public improvements in the area around such facility
to mitigate traffic impacts caused by the construction and occupancy
of the facility’’.
This title may be cited as the ‘‘Department of the Treasury
Appropriations Act, 2023’’.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4661
TITLE II
Executive Office
of the President
Appropriations
Act, 2023.
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.
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REIMBURSABLE EXPENSES
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this paragraph:
Provided further, That, notwithstanding any other provision of law,
such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and
to receive offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person sponsoring
a reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance payments
shall be credited to this account and remain available until
expended: Provided further, That the Executive Residence shall
require the national committee of the political party of the President
to maintain on deposit $25,000, to be separately accounted for
and available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal year: Provided
further, That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating expense
under this paragraph is submitted to the person owing such amount
within 60 days after such expense is incurred, and that such amount
is collected within 30 days after the submission of such notice:
Provided further, That the Executive Residence shall charge interest
and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding debt
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Requirement.
Advance
payment.
Requirement.
Notice.
Deadline.
Penalties.
Deadline.
PUBL328
136 STAT. 4662
Reports.
Records.
PUBLIC LAW 117–328—DEC. 29, 2022
on a United States Government claim under 31 U.S.C. 3717: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees
on Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such
expenses, the amount of such total that consists of reimbursable
official and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each such
amount that has been reimbursed as of the date of the report:
Provided further, That the Executive Residence shall maintain a
system for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable
requirement of subchapter I or II of chapter 37 of title 31, United
States Code.
WHITE HOUSE REPAIR
AND
RESTORATION
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d),
$2,500,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued
preventative maintenance.
COUNCIL
OF
ECONOMIC ADVISERS
SALARIES AND EXPENSES
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021 et seq.), $4,903,000.
NATIONAL SECURITY COUNCIL
AND
HOMELAND SECURITY COUNCIL
SALARIES AND EXPENSES
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $17,901,000, of which not to exceed $10,000
shall be available for official reception and representation expenses.
OFFICE
OF
ADMINISTRATION
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
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SALARIES AND EXPENSES
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, to carry out the provisions of
chapter 35 of title 44, United States Code, and to prepare and
submit the budget of the United States Government, in accordance
with section 1105(a) of title 31, United States Code, $128,035,000,
of which not to exceed $3,000 shall be available for official representation expenses: Provided, That none of the funds appropriated
in this Act for the Office of Management and Budget may be
used for the purpose of reviewing any agricultural marketing orders
or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended
for the altering of the transcript of actual testimony of witnesses,
except for testimony of officials of the Office of Management and
Budget, before the Committees on Appropriations or their subcommittees: Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be
expended for the altering of the annual work plan developed by
the Corps of Engineers for submission to the Committees on Appropriations: Provided further, That none of the funds provided in
this or prior Acts shall be used, directly or indirectly, by the Office
of Management and Budget, for evaluating or determining if water
resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance
with all applicable laws, regulations, and requirements relevant
to the Civil Works water resource planning process: Provided further, That the Office of Management and Budget shall have not
more than 60 days in which to perform budgetary policy reviews
of water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate authorizing
and appropriating committees when the 60-day review is initiated:
Provided further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and Budget review period based on the notification from
the Director, Congress shall assume Office of Management and
Budget concurrence with the report and act accordingly: Provided
further, That no later than 14 days after the submission of the
budget of the United States Government for fiscal year 2024, the
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Deadline.
Policy reviews.
Notifications.
Reports.
Deadline.
Public
information.
Web posting.
List.
PUBL328
136 STAT. 4664
PUBLIC LAW 117–328—DEC. 29, 2022
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
21 USC 1702
note.
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National
Drug Control Policy Reauthorization Act of 1998, as amended; not
to exceed $10,000 for official reception and representation expenses;
and for participation in joint projects or in the provision of services
on matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$21,500,000: Provided, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, public and
private, without fiscal year limitation, for the purpose of aiding
or facilitating the work of the Office.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
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Deadline.
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For necessary expenses of the Office of National Drug Control
Policy’s High Intensity Drug Trafficking Areas Program,
$302,000,000, to remain available until September 30, 2024, for
drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas
(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred
to State and local entities for drug control activities and shall
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That each
HIDTA designated as of September 30, 2022, shall be funded at
not less than the fiscal year 2022 base level, unless the Director
submits to the Committees on Appropriations of the House of Representatives and the Senate justification for changes to those levels
based on clearly articulated priorities and published Office of
National Drug Control Policy performance measures of effectiveness: Provided further, That the Director shall notify the Committees on Appropriations of the initial allocation of fiscal year 2023
funding among HIDTAs not later than 45 days after enactment
of this Act, and shall notify the Committees of planned uses of
discretionary HIDTA funding, as determined in consultation with
the HIDTA Directors, not later than 90 days after enactment of
this Act: Provided further, That upon a determination that all
or part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon notification
to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to
this appropriation.
Submissions.
Notifications.
Deadlines.
Determination.
Determination.
Notifications.
OTHER FEDERAL DRUG CONTROL PROGRAMS
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(INCLUDING TRANSFERS OF FUNDS)
For other drug control activities authorized by the Anti-Drug
Abuse Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $137,120,000, to remain
available until expended, which shall be available as follows:
$109,000,000 for the Drug-Free Communities Program, of which
not more than $12,780,000 is for administrative expenses, and
of which $2,500,000 shall be made available as directed by section
4 of Public Law 107–82, as amended by section 8204 of Public
Law 115–271; $3,000,000 for drug court training and technical
assistance; $15,250,000 for anti-doping activities; up to $3,420,000
for the United States membership dues to the World Anti-Doping
Agency; $1,250,000 for the Model Acts Program; and $5,200,000
for activities authorized by section 103 of Public Law 114–198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to carry
out such activities: Provided further, That the Director of the Office
of National Drug Control Policy shall, not fewer than 30 days
prior to obligating funds under this heading for United States
membership dues to the World Anti-Doping Agency, submit to the
Committees on Appropriations of the House of Representatives and
the Senate a spending plan and explanation of the proposed uses
of these funds.
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Time period.
Spending plan.
PUBL328
136 STAT. 4666
PUBLIC LAW 117–328—DEC. 29, 2022
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)
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Advance
approvals.
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SEC. 201. From funds made available in this Act under the
headings ‘‘The White House’’, ‘‘Executive Residence at the White
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council and Homeland Security
Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the
President’’, and ‘‘Official Residence of the Vice President’’, the
Director of the Office of Management and Budget (or such other
officer as the President may designate in writing), may, with
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That no amount
shall be transferred from ‘‘Special Assistance to the President’’
or ‘‘Official Residence of the Vice President’’ without the approval
of the Vice President.
SEC. 202. (a) During fiscal year 2023, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary impact,
including costs, benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include—
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2023; and
(3) the impact on revenues of the Federal Government
as the result of such order or memorandum over the 5-fiscalyear period beginning in fiscal year 2023.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2023 due to a national emergency, the Director
of the Office of Management and Budget may issue the statement
required by subsection (a) not later than 15 days after the date
that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda shall only apply for Presidential memoranda estimated to
have a regulatory cost in excess of $100,000,000.
SEC. 203. Not later than 30 days after the date of enactment
of this Act, the Director of the Office of Management and Budget
shall issue a memorandum to all Federal departments, agencies,
and corporations directing compliance with the provisions in title
VII of this Act.
SEC. 204. In fiscal year 2023 and each fiscal year thereafter—
(1) the Office of Management and Budget shall operate and maintain the automated system required to be implemented by section
204 of the Financial Services and General Government Appropriations Act, 2022 (division E of Public Law 117–103) and shall continue to post each document apportioning an appropriation, pursuant to section 1513(b) of title 31, United States Code, including
any associated footnotes, in a format that qualifies each such document as an open Government data asset (as that term is defined
in section 3502 of title 44, United States Code); and (2) the requirements specified in subsection (c), the first and second provisos
of subsection (d)(1), and subsection (d)(2) of such section 204 shall
continue to apply.
SEC. 205. For an additional amount for ‘‘Office of National
Drug Control Policy—Salaries and Expenses’’, $10,482,000, which
shall be for initiatives in the amounts and for the projects specified
in the table that appears under the heading ‘‘Administrative Provisions—Executive Office of the President and Funds Appropriated
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Approval
requirement.
President.
Budget
statement.
Cost estimates.
Time period.
Summary.
Deadline.
Applicability.
Deadline.
Memorandum.
Compliance.
Time periods.
Apportionment.
Applicability.
31 USC 1513
note.
PUBL328
136 STAT. 4668
PUBLIC LAW 117–328—DEC. 29, 2022
to the President’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act):
Provided, That none of the funds made available by this section
may be transferred for any other purpose.
This title may be cited as the ‘‘Executive Office of the President
Appropriations Act, 2023’’.
TITLE III
Judiciary
Appropriations
Act, 2023.
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
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
COURTS
OF
APPEALS, DISTRICT COURTS,
SERVICES
AND
136 STAT. 4669
OTHER JUDICIAL
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.
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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.
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136 STAT. 4670
PUBLIC LAW 117–328—DEC. 29, 2022
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
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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(INCLUDING TRANSFER OF FUNDS)
SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under sections
604 and 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in section 608.
SEC. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ‘‘Courts of Appeals, District
Courts, and Other Judicial Services’’ shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $11,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in the capacity
as Secretary of the Judicial Conference.
SEC. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it
appears.
SEC. 305. In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department
of Homeland Security to provide, except for the services specified
in 40 U.S.C. 1315(b)(2)(E). For building-specific security services
at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland Security.
SEC. 306. (a) Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended
in the matter following paragraph 12—
(1) in the second sentence (relating to the District of
Kansas), by striking ‘‘31 years and 6 months’’ and inserting
‘‘32 years and 6 months’’; and
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Applicability.
Reimbursement.
PUBL328
136 STAT. 4672
PUBLIC LAW 117–328—DEC. 29, 2022
(2) in the sixth sentence (relating to the District of Hawaii),
by striking ‘‘28 years and 6 months’’ and inserting ‘‘29 years
and 6 months’’.
(b) Section 406 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law 109–
115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second
sentence (relating to the eastern District of Missouri) by striking
‘‘29 years and 6 months’’ and inserting ‘‘30 years and 6 months’’.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107–273; 28 U.S.C.
133 note), is amended—
(1) in the first sentence by striking ‘‘20 years’’ and inserting
‘‘21 years’’;
(2) in the second sentence (relating to the central District
of California), by striking ‘‘19 years and 6 months’’ and inserting
‘‘20 years and 6 months’’; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ‘‘18 years’’ and inserting ‘‘19
years’’.
SEC. 307. Section 677 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(d) The Counselor, with the approval of the Chief Justice,
shall establish a retention and recruitment program that is consistent with section 908 of the Emergency Supplemental Act, 2002
(2 U.S.C. 1926) for Supreme Court Police officers and other critical
employees who agree in writing to remain employed with the
Supreme Court for a period of service of not less than two years.’’.
SEC. 308. Section 996(b) of title 28, United States Code, is
amended by inserting ‘‘84 (Federal Employees’ Retirement System),’’
after ‘‘83 (Retirement),’’.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2023’’.
Time period.
TITLE IV
District of
Columbia
Appropriations
Act, 2023.
DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
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For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $40,000,000, to remain available until expended:
Provided, That such funds, including any interest accrued thereon,
may be used on behalf of eligible District of Columbia residents
to pay an amount based upon the difference between in-State and
out-of-State tuition at public institutions of higher education, or
to pay up to $2,500 each year at eligible private institutions of
higher education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident’s academic merit,
the income and need of eligible students and such other factors
as may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Reports.
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.
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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
For salaries and expenses for the District of Columbia Courts,
including the transfer and hire of motor vehicles, $291,068,000
to be allocated as follows: for the District of Columbia Court of
Appeals, $15,055,000, of which not to exceed $2,500 is for official
reception and representation expenses; for the Superior Court of
the District of Columbia, $140,973,000, of which not to exceed
$2,500 is for official reception and representation expenses; for
the District of Columbia Court System, $88,290,000, of which not
to exceed $2,500 is for official reception and representation
expenses; and $46,750,000, to remain available until September
30, 2024, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital
improvements shall be expended consistent with the District of
Columbia Courts master plan study and facilities condition assessment: Provided further, That, in addition to the amounts appropriated herein, fees received by the District of Columbia Courts
for administering bar examinations and processing District of
Columbia bar admissions may be retained and credited to this
appropriation, to remain available until expended, for salaries and
expenses associated with such activities, notwithstanding section
450 of the District of Columbia Home Rule Act (D.C. Official Code,
sec. 1–204.50): Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated
for salaries and expenses of other Federal agencies: Provided further, That 30 days after providing written notice to the Committees
on Appropriations of the House of Representatives and the Senate,
the District of Columbia Courts may reallocate not more than
$9,000,000 of the funds provided under this heading among the
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Apportionment.
Time period.
Time period.
Notice.
PUBL328
136 STAT. 4674
PUBLIC LAW 117–328—DEC. 29, 2022
items and entities funded under this heading: Provided further,
That the Joint Committee on Judicial Administration in the District
of Columbia may, by regulation, establish a program substantially
similar to the program set forth in subchapter II of chapter 35
of title 5, United States Code, for employees of the District of
Columbia Courts.
Regulations.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF
COLUMBIA COURTS
(INCLUDING RESCISSION OF FUNDS)
Apportionment.
Time period.
For payments authorized under section 11–2604 and section
11–2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual agreements
to provide guardian ad litem representation, training, technical
assistance, and such other services as are necessary to improve
the quality of guardian ad litem representation, payments for
counsel appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21–2060, D.C. Official Code (relating to services provided under
the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $46,005,000, to remain
available until expended: Provided, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That,
notwithstanding any other provision of law, this appropriation shall
be apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies: Provided further,
That of the unobligated balances from prior year appropriations
made available under this heading, $22,000,000, are hereby
rescinded not later than September 30, 2023.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Apportionment.
Time period.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER
SERVICE
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization and
Self-Government Improvement Act of 1997, $53,629,000: Provided,
That notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of Federal agencies:
Provided further, That the District of Columbia Public Defender
Service may establish for employees of the District of Columbia
Public Defender Service a program substantially similar to the
program set forth in subchapter II of chapter 35 of title 5, United
States Code, except that the maximum amount of the payment
made under the program to any individual may not exceed the
amount referred to in section 3523(b)(3)(B) of title 5, United States
Code: Provided further, That for the purposes of engaging with,
and receiving services from, Federal Franchise Fund Programs
established in accordance with section 403 of the Government
Management Reform Act of 1994, as amended, the District of
Columbia Public Defender Service shall be considered an agency
of the United States Government: Provided further, That the District of Columbia Public Defender Service may enter into contracts
for the procurement of severable services and multiyear contracts
for the acquisition of property and services to the same extent
and under the same conditions as an executive agency under sections 3902 and 3903 of title 41, United States Code.
Apportionment.
Time period.
Contracts.
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.
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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.
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PUBL328
136 STAT. 4676
PUBLIC LAW 117–328—DEC. 29, 2022
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
Scholarships.
For a Federal payment for a school improvement program
in the District of Columbia, $52,500,000, to remain available until
expended, for payments authorized under the Scholarships for
Opportunity and Results Act (division C of Public Law 112–10):
Provided, That, to the extent that funds are available for opportunity scholarships and following the priorities included in section
3006 of such Act, the Secretary of Education shall make scholarships available to students eligible under section 3013(3) of such
Act (Public Law 112–10; 125 Stat. 211) including students who
were not offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity scholarships up to $1,750,000 shall be for the activities specified in
sections 3007(b) through 3007(d) of the Act and up to $500,000
shall be for the activities specified in section 3009 of the Act.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
For a Federal payment to the District of Columbia National
Guard, $600,000, to remain available until expended for the Major
General David F. Wherley, Jr. District of Columbia National Guard
Retention and College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals with,
human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $4,000,000.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND
SEWER AUTHORITY
For a Federal payment to the District of Columbia Water
and Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water
and Sewer Authority provides a 100 percent match for this payment.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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’’.
Compliance.
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
FOUNDATION
IN
EDUCATION
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
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles, and the rental of space (to
include multiple year leases), in the District of Columbia and elsewhere, $365,000,000, including not to exceed $3,000 for official
reception and representation expenses, and not to exceed $25,000
for the expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials, of which not less than $20,000,000 shall remain available
until September 30, 2024, and of which not less than $4,218,000
shall be for expenses of the Office of the Inspector General: Provided, That notwithstanding the limitations in 31 U.S.C. 1553,
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Contracts.
PUBL328
136 STAT. 4678
PUBLIC LAW 117–328—DEC. 29, 2022
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
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Study.
Determination.
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SEC. 501. During fiscal year 2023, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published
by the Consumer Product Safety Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until after—
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine—
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard
for purposes of reducing the risk of Recreational Off-Highway Vehicle (referred to in this section as ‘‘ROV’’) rollovers
in the off-road environment, including the repeatability
and reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal
to provide information on a point-of-sale hangtag about
a ROV’s rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4679
(2) a report containing the results of the study completed
under paragraph (1) is delivered to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House
of Representatives.
Reports.
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.
State and local
governments.
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ELECTION SECURITY GRANTS
Notwithstanding section 104(c)(2)(B) of the Help America Vote
Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $75,000,000 is provided
to the Election Assistance Commission for necessary expenses to
make payments to States for activities to improve the administration of elections for Federal office, including to enhance election
technology and make election security improvements, as authorized
by sections 101, 103, and 104 of such Act: Provided, That for
purposes of applying such sections, the Commonwealth of the
Northern Mariana Islands shall be deemed to be a State and,
for purposes of sections 101(d)(2) and 103(a) shall be treated in
the same manner as the Commonwealth of Puerto Rico, Guam,
American Samoa, and the United States Virgin Islands: Provided
further, That each reference to the ‘‘Administrator of General Services’’ or the ‘‘Administrator’’ in sections 101 and 103 shall be deemed
to refer to the ‘‘Election Assistance Commission’’: Provided further,
That each reference to ‘‘$5,000,000’’ in section 103 shall be deemed
to refer to ‘‘$1,000,000’’ and each reference to ‘‘$1,000,000’’ in section
103 shall be deemed to refer to ‘‘$200,000’’: Provided further, That
not later than two years after receiving a payment under this
heading, a State shall make available funds for such activities
in an amount equal to 20 percent of the total amount of the
payment made to the State under this heading: Provided further,
That not later than 45 days after the date of enactment of this
Act, the Election Assistance Commission shall make the payments
to States under this heading: Provided further, That States shall
submit quarterly financial reports and annual progress reports.
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Northern
Mariana Islands.
Deadline.
Deadline.
Payments.
Reports.
PUBL328
136 STAT. 4680
PUBLIC LAW 117–328—DEC. 29, 2022
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed
$4,000 for official reception and representation expenses; purchase
and hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $390,192,000, to remain available
until expended: Provided, That $390,192,000 of offsetting collections
shall be assessed and collected pursuant to section 9 of title I
of the Communications Act of 1934, shall be retained and used
for necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be reduced
as such offsetting collections are received during fiscal year 2023
so as to result in a final fiscal year 2023 appropriation estimated
at $0: Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding system
that may be retained and made available for obligation shall not
exceed $132,231,000 for fiscal year 2023: Provided further, That,
of the amount appropriated under this heading, not less than
$12,131,000 shall be for the salaries and expenses of the Office
of Inspector General.
Reduction.
ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
COMMISSION
118 Stat. 3998;
136 Stat. 269.
SEC. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ‘‘December 31,
2022’’ each place it appears and inserting ‘‘December 31, 2023’’.
SEC. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line restrictions
on universal service support payments.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$47,500,000, to be derived from the Deposit Insurance Fund or,
only when appropriate, the FSLIC Resolution Fund.
FEDERAL ELECTION COMMISSION
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
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SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses, $430,000,000, to remain available
until expended: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law, fees
collected in fiscal year 2023 for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), (and estimated to be $190,000,000 in fiscal year 2023)
shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further,
That, notwithstanding any other provision of law, fees collected
to implement and enforce the Telemarketing Sales Rule, promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), regardless of the year
of collection (and estimated to be $20,000,000 in fiscal year 2023),
shall be credited to this account, and be retained and used for
necessary expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced (1) as such offsetting collections are received during fiscal year 2023 and (2) to the extent
that any remaining general fund appropriations can be derived
from amounts credited to this account as offsetting collections in
previous fiscal years that are not otherwise appropriated, so as
to result in a final fiscal year 2023 appropriation from the general
fund estimated at $48,000,000: Provided further, That, notwithstanding section 605 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
1990 (15 U.S.C. 18a note), none of the funds credited to this account
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Reduction.
PUBL328
136 STAT. 4682
PUBLIC LAW 117–328—DEC. 29, 2022
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)
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Advance
approvals.
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Amounts in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of
real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District
of Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment, allocation,
and transfer of space; contractual services incident to cleaning
or servicing buildings, and moving; repair and alteration of federally
owned buildings, including grounds, approaches, and appurtenances; care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites by
purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and
design of projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and payment
of principal, interest, and any other obligations for public buildings
acquired by installment purchase and purchase contract; in the
aggregate amount of $10,013,150,000, of which—
(1) $807,809,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) and
remediation, in addition to amounts otherwise provided for
such purposes, as follows:
Connecticut:
Hartford, U.S. Courthouse, $61,500,000;
District of Columbia:
DHS Consolidation at St. Elizabeths, $252,963,000;
Federal Energy Regulatory Commission Lease Purchase
Option, $21,000,000;
Southeast Federal Center Remediation, $3,946,000;
Florida:
Fort Lauderdale, U.S. Courthouse, $55,000,000;
National Capital Region:
Federal Bureau of Investigation Headquarters Consolidation, $375,000,000;
Tennessee:
Chattanooga, U.S. Courthouse, $38,400,000:
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
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 additional projects
for which prospectuses have been fully approved may be funded
under this category only if advance approval is obtained from
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Compliance.
PUBL328
136 STAT. 4684
PUBLIC LAW 117–328—DEC. 29, 2022
the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the amounts provided in this or any prior Act for ‘‘Repairs and Alterations’’
may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and
in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further,
That the difference between the funds appropriated and
expended on any projects in this or any prior Act, under the
heading ‘‘Repairs and Alterations’’, may be transferred to ‘‘Basic
Repairs and Alterations’’ or used to fund authorized increases
in prospectus projects: Provided further, That the amount provided in this or any prior Act for ‘‘Basic Repairs and Alterations’’ may be used to pay claims against the Government
arising from any projects under the heading ‘‘Repairs and Alterations’’ or used to fund authorized increases in prospectus
projects;
(3) $5,561,680,000 for rental of space to remain available
until expended; and
(4) $2,981,381,000 for building operations to remain available until expended: Provided, That the total amount of funds
made available from this Fund to the General Services Administration shall not be available for expenses of any construction,
repair, alteration and acquisition project for which a prospectus,
if required by 40 U.S.C. 3307(a), has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus:
Provided further, That funds available in the Federal Buildings
Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on Appropriations
of the House of Representatives and the Senate: Provided further, That amounts necessary to provide reimbursable special
services to other agencies under 40 U.S.C. 592(b)(2) and
amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not
in Government ownership or control as may be appropriate
to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund
during fiscal year 2023, excluding reimbursements under 40
U.S.C. 592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and
shall not be available for expenditure except as authorized
in appropriations Acts.
Proposed
prospectus.
GENERAL ACTIVITIES
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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; agencywide 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
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(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
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PUBL328
136 STAT. 4686
PUBLIC LAW 117–328—DEC. 29, 2022
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 fulltime 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)
Advance
approvals.
Courts.
Study.
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Determination.
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SEC. 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
SEC. 521. Funds in the Federal Buildings Fund made available
for fiscal year 2023 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 522. Except as otherwise provided in this title, funds
made available by this Act shall be used to transmit a fiscal year
2024 request for United States Courthouse construction only if
the request: (1) meets the design guide standards for construction
as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office
of Management and Budget; (2) reflects the priorities of the Judicial
Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced,
or expanded.
SEC. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency
that does not pay the rate per square foot assessment for space
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4687
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and services as determined by the General Services Administration
in consideration of the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 524. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate adopt
a resolution granting lease authority pursuant to a prospectus
transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to
the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority provided
in the resolution.
SEC. 526. With respect to projects funded under the heading
‘‘Federal Citizen Services Fund’’, the Administrator of General Services shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House
of Representatives and the Senate not later than 60 days after
the date of enactment of this Act.
SEC. 527. The Administrator of the General Services Administration shall select a site from one of the three listed in the General
Services Administration (GSA) Fiscal Year 2017 PNCR–FBI–NCR17
prospectus for a new fully consolidated Federal Bureau of Investigation (FBI) headquarters.
In considering the September 2022 and amended November
2022 GSA Site Selection Plan for the FBI Suburban Headquarters,
not later than 90 days after enactment of this Act, prior to any
action by the GSA site selection panel for the new Federal FBI
headquarters, the GSA Administrator shall conduct separate and
detailed consultations with individuals representing the sites from
the State of Maryland and Commonwealth of Virginia to further
consider perspectives related to mission requirements, sustainable
siting and equity, and evaluate the viability of the GSA’s Site
Selection Criteria for the FBI Headquarters to ensure it is consistent with Congressional intent as expressed in the resolution
of the Committee on Environment and Public Works of the Senate
(112th Congress), adopted December 8, 2011 and further described
in the General Services Administration Fiscal Year 2017 PNCR–
FBI–NCR17 prospectus. Following those consultations, the Administrator shall proceed with the site selection process.
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Notifications.
Contracts.
Determination.
Statement.
Spending plan.
Deadline.
Site selection.
Deadline.
Consultations.
Maryland.
Virginia.
Evaluation.
PUBL328
136 STAT. 4688
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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).
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
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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.
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PUBL328
136 STAT. 4690
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That the President’s Commission on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2023, accept
donations of money, property, and personal services: Provided further, That such donations, including those from prior years, may
be used for the development of publicity materials to provide
information about the White House Fellows, except that no such
donations shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such Commission:
Provided further, That not to exceed 5 percent of amounts made
available under this heading may be transferred to an information
technology working capital fund established for purposes authorized
by subtitle G of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91; 40
U.S.C. 11301 note): Provided further, That the OPM Director shall
notify, and receive approval from, the Committees on Appropriations
of the House of Representatives and the Senate at least 15 days
in advance of any transfer under the preceding proviso: Provided
further, That amounts transferred to such a fund under such
transfer authority from any organizational category of OPM shall
not exceed 5 percent of each such organizational category’s budget
as identified in the report required by section 608 of this Act:
Provided further, That amounts transferred to such a fund shall
remain available for obligation through September 30, 2026.
Donations.
Notifications.
Approvals.
Time period.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
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(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $6,908,000, and in addition, not to exceed
$29,487,000 for administrative expenses to audit, investigate, and
provide other oversight of the Office of Personnel Management’s
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Determination.
PUBL328
136 STAT. 4692
PUBLIC LAW 117–328—DEC. 29, 2022
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
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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
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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 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.
Reduction.
SELECTIVE SERVICE SYSTEM
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SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109;
and not to exceed $750 for official reception and representation
expenses; $31,700,000: Provided, That during the current fiscal
year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action
to be necessary in the interest of national defense: Provided further,
That none of the funds appropriated by this Act may be expended
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President.
Exemption.
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PUBLIC LAW 117–328—DEC. 29, 2022
for or in connection with the induction of any person into the
Armed Forces of the United States.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
Fees.
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles
as authorized by sections 1343 and 1344 of title 31, United States
Code, and not to exceed $3,500 for official reception and representation expenses, $326,000,000, of which not less than $12,000,000
shall be available for examinations, reviews, and other lender oversight activities: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the
Small Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business
Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this
account, to remain available until expended, for carrying out these
purposes without further appropriations: Provided further, That
the Small Business Administration may accept gifts in an amount
not to exceed $4,000,000 and may co-sponsor activities, each in
accordance with section 132(a) of division K of Public Law 108–
447, during fiscal year 2023: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2024: Provided further,
That $20,000,000 shall be available for costs associated with the
certification of small business concerns owned and controlled by
veterans or service-disabled veterans under sections 36A and 36
of the Small Business Act (15 U.S.C. 657f–1; 657f), respectively,
and section 862 of Public Law 116–283, to be available until September 30, 2024.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
For necessary expenses of programs supporting entrepreneurial
and small business development, $320,000,000, to remain available
until September 30, 2024: Provided, That $140,000,000 shall be
available to fund grants for performance in fiscal year 2023 or
fiscal year 2024 as authorized by section 21 of the Small Business
Act: Provided further, That $41,000,000 shall be for marketing,
management, and technical assistance under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided further,
That $20,000,000 shall be available for grants to States to carry
out export programs that assist small business concerns authorized
under section 22(l) of the Small Business Act (15 U.S.C. 649(l)).
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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
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136 STAT. 4696
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Advance
approvals.
Grants.
Contracts.
SEC. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant
to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 541. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration under
the headings ‘‘Salaries and Expenses’’ and ‘‘Business Loans Program
Account’’ may be transferred to the Administration’s information
technology system modernization and working capital fund (IT
WCF), as authorized by section 1077(b)(1) of title X of division
A of the National Defense Authorization Act for Fiscal Year 2018,
for the purposes specified in section 1077(b)(3) of such Act, upon
the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That amounts
transferred to the IT WCF under this section shall remain available
for obligation through September 30, 2026.
SEC. 542. For an additional amount for ‘‘Small Business
Administration—Salaries and Expenses’’, $179,710,000, which shall
be for initiatives related to small business development and
entrepreneurship, including programmatic, construction, and
acquisition activities, in the amounts and for the projects specified
in the table that appears under the heading ‘‘Administrative Provisions—Small Business Administration’’ in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided, That, notwithstanding sections
2701.92 and 2701.93 of title 2, Code of Federal Regulations, the
Administrator of the Small Business Administration may permit
awards to subrecipients for initiatives funded under this section:
Provided further, That none of the funds made available by this
section may be transferred for any other purpose.
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
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Mail.
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For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $50,253,000:
Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That none of the funds
made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any officer
or employee of any State or local child support enforcement agency,
or any individual participating in a State or local program of child
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PUBLIC LAW 117–328—DEC. 29, 2022
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 travel expenses of the judges shall be paid upon the written
certificate of the judge.
Certificate.
TITLE VI
GENERAL PROVISIONS—THIS ACT
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(INCLUDING RESCISSION OF FUNDS)
SEC. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, except for transfers
made pursuant to the authority in section 3173(d) of title 40,
United States Code, unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
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Contracts.
PUBL328
136 STAT. 4698
Compliance.
Advance
approvals.
Consultation.
Reports.
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Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 605. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with chapter 83 of title 41,
United States Code.
SEC. 607. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating chapter 83 of title 41, United
States Code.
SEC. 608. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted
by the Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or
activities unless prior approval is received from the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That prior to any significant reorganization, restructuring, relocation, or closing of offices, programs, or activities, each
agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That at a minimum the report
shall include: (1) a table for each appropriation, detailing both
full-time employee equivalents and budget authority, with separate
columns to display the prior year enacted level, the President’s
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and program,
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That
the amount appropriated or limited for salaries and expenses for
an agency shall be reduced by $100,000 per day for each day
after the required date that the report has not been submitted
to the Congress.
SEC. 609. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2023 from appropriations made available
for salaries and expenses for fiscal year 2023 in this Act, shall
remain available through September 30, 2024, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines.
SEC. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to request—
(1) any official background investigation report on any individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury
or the Internal Revenue Service.
(b) Subsection (a) shall not apply—
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such
request and during the same presidential administration; or
(2) if such request is required due to extraordinary circumstances involving national security.
SEC. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health Benefits
Program established under chapter 89 of title 5, United States
Code.
SEC. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an appropriations Act)
funds made available to the Office of Personnel Management pursuant to court approval.
SEC. 613. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
SEC. 614. The provision of section 613 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
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Reduction.
Approval
requests.
Compliance.
Background
investigations.
Determination.
Tax exemption.
Time period.
Abortion.
PUBL328
136 STAT. 4700
Contracts.
Consultation.
President.
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Definition.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title
41, United States Code (popularly known as the Buy American
Act), shall not apply to the acquisition by the Federal Government
of information technology (as defined in section 11101 of title 40,
United States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
SEC. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that agency,
nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an officer or employee to
attend and participate in any meeting or similar function relating
to the official duties of the officer or employee when the entity
offering payment or reimbursement is a person or entity subject
to regulation by such agency or commission, or represents a person
or entity subject to regulation by such agency or commission, unless
the person or entity is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code.
SEC. 617. (a)(1) Notwithstanding any other provision of law,
an Executive agency covered by this Act otherwise authorized to
enter into contracts for either leases or the construction or alteration
of real property for office, meeting, storage, or other space must
consult with the General Services Administration before issuing
a solicitation for offers of new leases or construction contracts,
and in the case of succeeding leases, before entering into negotiations with the current lessor.
(2) Any such agency with authority to enter into an emergency
lease may do so during any period declared by the President to
require emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ‘‘Executive agency
covered by this Act’’ means any Executive agency provided funds
by this Act, but does not include the General Services Administration or the United States Postal Service.
SEC. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to—
(A) the Judicial Officers’ Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors’ Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges’
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions—
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
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PUBLIC LAW 117–328—DEC. 29, 2022
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. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ‘‘Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts’’ unless the Interagency Working
Group on Food Marketed to Children complies with Executive Order
No. 13563.
SEC. 620. (a) The head of each executive branch agency funded
by this Act shall ensure that the Chief Information Officer of
the agency has the authority to participate in decisions regarding
the budget planning process related to information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information technology
shall be allocated within the agency, consistent with the provisions
of appropriations Acts and budget guidelines and recommendations
from the Director of the Office of Management and Budget, in
such manner as specified by, or approved by, the Chief Information
Officer of the agency in consultation with the Chief Financial Officer
of the agency and budget officials.
SEC. 621. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44, United
States Code.
SEC. 622. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public or
remote computing service of the contents of a wire or electronic
communication that is in electronic storage with the provider (as
such terms are defined in sections 2510 and 2711 of title 18,
United States Code) in a manner that violates the Fourth Amendment to the Constitution of the United States.
SEC. 623. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978, or to prevent
or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a
provision of law that expressly refers to the Inspector General
and expressly limits the Inspector General’s right of access. A
department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and
other materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure relevant
to the information provided by the establishment over which that
Inspector General has responsibilities under the Inspector General
Act of 1978. Each Inspector General covered by this section shall
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Reports.
Compliance.
Allocation.
Records.
Compliance.
Reports.
PUBL328
136 STAT. 4702
Pornography.
Contracts.
Determination.
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Conference
attendees.
Determinations.
Notifications.
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PUBLIC LAW 117–328—DEC. 29, 2022
report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
SEC. 624. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal
Regulations, as in effect on July 15, 2015: Provided, That this
section shall not prohibit the Commission from considering, developing, or adopting other support mechanisms as an alternative
to Mobility Fund Phase II: Provided further, That any such alternative mechanism shall maintain existing high-cost support to
competitive eligible telecommunications carriers until support under
such mechanism commences.
SEC. 625. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication activities, or other law enforcement- or
victim assistance-related activity.
SEC. 626. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive fees
for contractors whose performance has been judged to be below
satisfactory, behind schedule, over budget, or has failed to meet
the basic requirements of a contract, unless the Agency determines
that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall
scope of the project and/or program and unless such awards or
incentive fees are consistent with section 16.401(e)(2) of the Federal
Acquisition Regulation.
SEC. 627. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities that
result in a total cost to an Executive branch department, agency,
board or commission funded by this Act of more than $500,000
at any single conference unless the agency or entity determines
that such attendance is in the national interest and advance notice
is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate that includes the basis of that
determination.
(b) None of the funds made available under this Act may
be used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any single
conference occurring outside the United States unless the agency
or entity determines that such attendance is in the national interest
and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that includes
the basis of that determination.
SEC. 628. None of the funds made available by this Act may
be used for first-class or business-class travel by the employees
of executive branch agencies funded by this Act in contravention
of sections 301–10.122 through 301–10.125 of title 41, Code of
Federal Regulations.
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PUBLIC LAW 117–328—DEC. 29, 2022
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. None of the funds made available by this Act may
be obligated on contracts in excess of $5,000 for public relations,
as that term is defined in Office and Management and Budget
Circular A–87 (revised May 10, 2004), unless advance notice of
such an obligation is transmitted to the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 631. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated
at U.S. taxpayer expense. The funds used by a Federal agency
to carry out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
SEC. 632. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 633. None of the funds made available by this Act shall
be used by the Securities and Exchange Commission to finalize,
issue, or implement any rule, regulation, or order regarding the
disclosure of political contributions, contributions to tax exempt
organizations, or dues paid to trade associations.
SEC. 634. Not later than 45 days after the last day of each
quarter, each agency funded in this Act shall submit to the Committees on Appropriations of the House of Representatives and the
Senate a quarterly budget report that includes total obligations
of the Agency for that quarter for each appropriation, by the source
year of the appropriation.
SEC. 635. (a) Section 41002(c)(1) of Public Law 114–94 (42
U.S.C. 4370m–1(c)(1)) is amended by adding at the end the following
new subparagraph:
‘‘(E) PERSONNEL.—The Executive Director of the
Council may appoint and fix the compensation of such
employees as the Executive Director considers necessary
to carry out the roles and responsibilities of the Executive
Director.’’.
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Notification.
Requirement.
Requirement.
Reports.
Appointments.
PUBL328
136 STAT. 4704
California.
PUBLIC LAW 117–328—DEC. 29, 2022
(b) Section 41009(d)(2) of Public Law 114–94 (42 U.S.C. 4370m–
8(d)(2)) is amended by striking ‘‘staffing of the Office of the Executive Director’’ and inserting ‘‘appointing and fixing the compensation
of such employees as the Executive Director considers necessary
to carry out the roles and responsibilities of the Executive Director’’.
SEC. 636. (a) DESIGNATION.—The Federal building located at
90 7th Street in San Francisco, California, shall be known and
designated as the ‘‘Speaker Nancy Pelosi Federal Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Federal
building referred to in subsection (a) shall be deemed to be a
reference to the ‘‘Speaker Nancy Pelosi Federal Building’’.
SEC. 637. Of the unobligated balances available in the Department of the Treasury, Treasury Forfeiture Fund, established by
section 9703 of title 31, United States Code, $150,000,000 shall
be permanently rescinded not later than September 30, 2023.
TITLE VII
GENERAL PROVISIONS—GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES,
AND
CORPORATIONS
(INCLUDING TRANSFERS OF FUNDS)
Drug-free
workplace.
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31 USC 1343
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SEC. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2023 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act (21 U.S.C. 802)) by the
officers and employees of such department, agency, or instrumentality.
SEC. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 1343(c) of title 31, United States Code, for the purchase
of any passenger motor vehicle (exclusive of buses, ambulances,
law enforcement vehicles, protective vehicles, and undercover
surveillance vehicles), is hereby fixed at $26,733 except station
wagons for which the maximum shall be $27,873: Provided, That
these limits may be exceeded by not to exceed $7,775 for policetype 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,
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4705
are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer
or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of
the United States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in 8
U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee
under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158
and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person
who owes allegiance to the United States: Provided, That for purposes of this section, affidavits signed by any such person shall
be considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied with:
Provided further, That for purposes of paragraphs (2) and (3) such
affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, That any person making
a false affidavit shall be guilty of a felony, and upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government:
Provided further, That this section shall not apply to any person
who is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply
to the employment as Wildland firefighters for not more than 120
days of nonresident aliens employed by the Department of the
Interior or the USDA Forest Service pursuant to an agreement
with another country.
SEC. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73
Stat. 479), the Public Buildings Amendments of 1972 (86 Stat.
216), or other applicable law.
SEC. 706. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 14057
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5 USC 3101 note.
Affidavits.
Affidavits.
Penalties.
Time period.
Time period.
PUBL328
136 STAT. 4706
Applicability.
Notifications.
Definition.
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PUBLIC LAW 117–328—DEC. 29, 2022
(December 8, 2021), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States
Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 708. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with
the applicable law of the United States.
SEC. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the
Federal Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance
notice of such furnishing or redecoration is transmitted to the
Committees on Appropriations of the House of Representatives and
the Senate. For the purposes of this section, the term ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.
SEC. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments,
agencies, or entities, as provided by Executive Order No. 13618
(July 6, 2012).
SEC. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is
excepted from the competitive service under section 3302 of title
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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136 STAT. 4708
Propaganda.
Lobbying.
Approval
requirement.
Propaganda.
Definitions.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the
Congress itself.
SEC. 716. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information such
as mailing, telephone, or electronic mailing lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 718. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including by
private contractor, for publicity or propaganda purposes within
the United States not heretofore authorized by Congress.
SEC. 719. (a) In this section, the term ‘‘agency’’—
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title and the United States Postal Service.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under 5 U.S.C. 6301(2), has an obligation to
expend an honest effort and a reasonable proportion of such
employee’s time in the performance of official duties.
SEC. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide and other multiagency 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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That not later than 90 days after enactment
of this Act, the Director of the Office of Management and Budget,
in consultation with the Administrator of General Services, shall
submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives a detailed
spend plan for the funds to be transferred or reimbursed: Provided
further, That the spend plan shall, at a minimum, include: (i)
the amounts currently in the funds authorized under this section
and the estimate of amounts to be transferred or reimbursed in
fiscal year 2023; (ii) a detailed breakdown of the purposes for
all funds estimated to be transferred or reimbursed pursuant to
this section (including total number of personnel and costs for
all staff whose salaries are provided for by this section); (iii) where
applicable, a description of the funds intended for use by or for
the benefit of each executive council; and (iv) where applicable,
a description of the funds intended for use by or for the implementation of specific laws passed by Congress: Provided further, That
no transfers or reimbursements may be made pursuant to this
section until 15 days following notification of the Committees on
Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
SEC. 722. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of specific projects, workshops, studies, and similar efforts to carry
out the purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit multiple
Federal departments, agencies, or entities: Provided, That the Office
of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science, Space, and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
SEC. 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving
the distribution of Federal funds shall comply with any relevant
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Deadline.
Spend plan.
Estimates.
Time period.
Notifications.
Breastfeeding.
Reports.
Compliance.
PUBL328
136 STAT. 4710
Applicability.
Data.
Contracts.
Contracts.
Drugs and drug
abuse.
Contraceptives.
Religion.
Discrimination.
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Abortion.
Anti-doping.
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PUBLIC LAW 117–328—DEC. 29, 2022
requirements in part 200 of title 2, Code of Federal Regulations:
Provided, That this section shall apply to direct payments, formula
funds, and grants received by a State receiving Federal funds.
SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to providing the Internet site services
or to protecting the rights or property of the provider of the
Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law.
(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as provided in law.
SEC. 726. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.
SEC. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
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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. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate, except that the
Federal Law Enforcement Training Centers is authorized to obtain
the temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Centers facilities.
SEC. 731. Unless otherwise authorized by existing law, none
of the funds provided in this or any other Act may be used by
an executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States, unless
the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story
was prepared or funded by that executive branch agency.
SEC. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United States
Code (popularly known as the Privacy Act), and regulations implementing that section.
SEC. 733. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation
under section 835(b) of the Homeland Security Act of 2002 (6
U.S.C. 395(b)) or any subsidiary of such an entity.
(b) WAIVERS.—
(1) IN GENERAL.—Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) EXCEPTION.—This section shall not apply to any Federal
Government contract entered into before the date of the enactment
of this Act, or to any task order issued pursuant to such contract.
SEC. 734. During fiscal year 2023, for each employee who—
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Advance
approvals.
News stories.
Contracts.
Determination.
PUBL328
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Contracts.
Definitions.
Portraits.
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(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III
of chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability Fund
an amount equal to the Office of Personnel Management’s
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall
be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
SEC. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any person
with the intent or the reasonable expectation that the person
will use the funds to make a payment described in paragraph
(1).
(b) In this section, each of the terms ‘‘contribution’’, ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’,
‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given
such term in the Federal Election Campaign Act of 1971 (52 U.S.C.
30101 et seq.).
SEC. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait of
an officer or employee of the Federal Government, including the
President, the Vice President, a Member of Congress (including
a Delegate or a Resident Commissioner to Congress), the head
of an executive branch agency (as defined in section 133 of title
41, United States Code), or the head of an office of the legislative
branch.
SEC. 737. (a)(1) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of any
of the funds appropriated for fiscal year 2023, by this or any
other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States Code—
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2023, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2023, in an amount that exceeds, as a result of a wage
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PUBLIC LAW 117–328—DEC. 29, 2022
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) For the purposes of this subsection, the rates payable to
an employee who is covered by this subsection and who is paid
from a schedule not in existence on September 30, 2022, shall
be determined under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be
changed from the rates in effect on September 30, 2022, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2022.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of this
subsection shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit
or require the payment to any employee covered by this subsection
at a rate in excess of the rate that would be payable were this
subsection not in effect.
(8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office
determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2023 under sections 5344 and 5348 of title 5, United
States Code, shall be—
(1) not less than the percentage received by employees
in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303
and 5304 of title 5, United States Code: Provided, That prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
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Determination.
Regulations.
Determination.
Applicability.
Determination.
Locality pay.
PUBL328
136 STAT. 4714
Effective date.
Reports.
Contracts.
Cost statement.
Deadline.
Time period.
Notification.
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Contracts.
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PUBLIC LAW 117–328—DEC. 29, 2022
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay locality
designated as ‘‘Rest of United States’’ pursuant to section 5304
of title 5, United States Code, for purposes of this subsection;
and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2022.
SEC. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any other
appropriations Act shall submit annual reports to the Inspector
General or senior ethics official for any entity without an Inspector
General, regarding the costs and contracting procedures related
to each conference held by any such department, agency, board,
commission, or office during fiscal year 2023 for which the cost
to the United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period—
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to determine
which costs relate to the conference; and
(4) a description of the contracting procedures used
including—
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating potential contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office shall
notify the Inspector General or senior ethics official for any entity
without an Inspector General, of the date, location, and number
of employees attending a conference held by any Executive branch
department, agency, board, commission, or office funded by this
or any other appropriations Act during fiscal year 2023 for which
the cost to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to
the purpose for which the grant or contract was awarded, such
as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded
by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M–12–12 dated May 11, 2012 or any subsequent
revisions to that memorandum.
SEC. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate, or
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PUBLIC LAW 117–328—DEC. 29, 2022
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) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity that
requires employees or contractors of such entity seeking to report
fraud, waste, or abuse to sign internal confidentiality agreements
or statements prohibiting or otherwise restricting such employees
or contractors from lawfully reporting such waste, fraud, or abuse
to a designated investigative or law enforcement representative
of a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
SEC. 743. (a) No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does
not contain the following provisions: ‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by existing
statute or Executive order relating to (1) classified information,
(2) communications to Congress, (3) the reporting to an Inspector
General or the Office of Special Counsel of a violation of any
law, rule, or regulation, or mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific danger to
public health or safety, or (4) any other whistleblower protection.
The definitions, requirements, obligations, rights, sanctions, and
liabilities created by controlling Executive orders and statutory
provisions are incorporated into this agreement and are controlling.’’: Provided, That notwithstanding the preceding provision of
this section, a nondisclosure policy form or agreement that is to
be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or
officer of the United States Government, may contain provisions
appropriate to the particular activity for which such document
is to be used. Such form or agreement shall, at a minimum, require
that the person will not disclose any classified information received
in the course of such activity unless specifically authorized to do
so by the United States Government. Such nondisclosure forms
shall also make it clear that they do not bar disclosures to Congress,
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Contracts.
Grants.
Confidentiality
agreements.
Nondisclosure
agreements.
PUBL328
136 STAT. 4716
Compliance.
Contracts.
Memorandums.
Grants.
Loans.
Corporations.
Tax liability.
Determination.
Contracts.
Memorandums.
Grants.
Loans.
Corporations.
Criminal
violations.
Time period.
Determination.
Notifications.
Public
information.
Web posting.
Effective date.
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PUBLIC LAW 117–328—DEC. 29, 2022
or to an authorized official of an executive agency or the Department
of Justice, that are essential to reporting a substantial violation
of law.
(b) A nondisclosure agreement may continue to be implemented
and enforced notwithstanding subsection (a) if it complies with
the requirements for such agreement that were in effect when
the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into during
fiscal year 2014 which does not contain substantially similar language to that required in subsection (a).
SEC. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted
or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless a Federal agency has considered
suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the
interests of the Government.
SEC. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless a Federal agency has considered
suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the
interests of the Government.
SEC. 746. (a) During fiscal year 2023, on the date on which
a request is made for a transfer of funds in accordance with section
1017 of Public Law 111–203, the Bureau of Consumer Financial
Protection shall notify the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee
on Banking, Housing, and Urban Affairs of the Senate of such
request.
(b) Any notification required by this section shall be made
available on the Bureau’s public website.
SEC. 747. (a) Notwithstanding any official rate adjusted under
section 104 of title 3, United States Code, the rate payable to
the Vice President during calendar year 2023 shall be the rate
payable to the Vice President on December 31, 2022, by operation
of section 747 of division E of Public Law 117–103.
(b) Notwithstanding any official rate adjusted under section
5318 of title 5, United States Code, or any other provision of
law, the payable rate during calendar year 2023 for an employee
serving in an Executive Schedule position, or in a position for
which the rate of pay is fixed by statute at an Executive Schedule
rate, shall be the rate payable for the applicable Executive Schedule
level on December 31, 2022, by operation of section 747 of division
E of Public Law 117–103. Such an employee may not receive a
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PUBLIC LAW 117–328—DEC. 29, 2022
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) This subsection applies to—
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for level
IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency
appointee in the Senior Executive Service serving under a
political appointment and paid a rate of basic pay at or above
the official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, an employee described in paragraph (1) may not
receive a pay rate increase during calendar year 2023, except as
provided in subsection (i).
(e) Notwithstanding any other provision of law, any employee
paid a rate of basic pay (including any locality based payments
under section 5304 of title 5, United States Code, or similar
authority) at or above the official rate for level IV of the Executive
Schedule who serves under a political appointment may not receive
a pay rate increase during calendar year 2023, except as provided
in subsection (i). This subsection does not apply to employees in
the General Schedule pay system or the Foreign Service pay system,
to employees appointed under section 3161 of title 5, United States
Code, or to employees in another pay system whose position would
be classified at GS–15 or below if chapter 51 of title 5, United
States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay under
section 3392(c) of title 5, United States Code, for such time as
that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements under
section 302(b) of the Foreign Service Act of 1980 (Public Law
96–465) for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee
in a covered position may receive a pay rate increase upon an
authorized movement to a different covered position only if that
new position has higher-level duties and a pre-established level
or range of pay higher than the level or range for the position
held immediately before the movement. Any such increase must
be based on the rates of pay and applicable limitations on payable
rates of pay in effect on December 31, 2022, by operation of section
747 of division E of Public Law 117–103.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period
of time subject to this section, the initial pay rate shall be based
on the rates of pay and applicable limitations on payable rates
of pay in effect on December 31, 2022, by operation of section
747 of division E of Public Law 117–103.
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Applicability.
Effective date.
Effective date.
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Applicability.
Definition.
Effective date.
President.
Reports.
Statement.
Records.
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Apportionments.
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PUBLIC LAW 117–328—DEC. 29, 2022
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2023 but ends
in calendar year 2024, the bar on the employee’s receipt of pay
rate increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ‘‘covered position’’
means a position occupied by an employee whose pay is restricted
under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2023.
SEC. 748. In the event of a violation of the Impoundment
Control Act of 1974, the President or the head of the relevant
department or agency, as the case may be, shall report immediately
to the Congress all relevant facts and a statement of actions taken:
Provided, That a copy of each report shall also be transmitted
to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General on the same
date the report is transmitted to the Congress.
SEC. 749. (a) Each department or agency of the executive branch
of the United States Government shall notify the Committees on
Appropriations and the Budget of the House of Representatives
and the Senate and any other appropriate congressional committees
if—
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United States
Code;
(2) an approved apportionment received by the department
or agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department
or agency may hinder the prudent obligation of such appropriation or the execution of a program, project, or activity by
such department or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information identifying the
bureau, account name, appropriation name, and Treasury Appropriation Fund Symbol or fund account.
SEC. 750. (a) Any non-Federal entity receiving funds provided
in this or any other appropriations Act for fiscal year 2023 that
are specified in the disclosure table submitted in compliance with
clause 9 of rule XXI of the Rules of the House of Representatives
or Rule XLIV of the Standing Rules of the Senate that is included
in the report or explanatory statement accompanying any such
Act shall be deemed to be a recipient of a Federal award with
respect to such funds for purposes of the requirements of 2 CFR
200.334, regarding records retention, and 2 CFR 200.337, regarding
access by the Comptroller General of the United States.
(b) Nothing in this section shall be construed to limit, amend,
supersede, or restrict in any manner any requirements otherwise
applicable to non-Federal entities described in paragraph (1) or
any existing authority of the Comptroller General.
SEC. 751. Notwithstanding section 1346 of title 31, United
States Code, or section 708 of this Act, funds made available by
this or any other Act to any Federal agency may be used by
that Federal agency for interagency funding for coordination with,
participation in, or recommendations involving, activities of the
U.S. Army Medical Research and Development Command, the
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4719
Congressionally Directed Medical Research Programs and the
National Institutes of Health research programs.
SEC. 752. (a)(1) Not later than 100 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget (in this section referred to as the ‘‘Director’’), in
coordination with the Architectural and Transportation Barriers
Compliance Board and the Administrator of General Services (in
this section referred to as the ‘‘Administrator’’), shall disseminate
amended or updated criteria and instructions to any Federal department or agency (in this section referred to as an ‘‘agency’’) covered
by section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d)
for the evaluation required pursuant to paragraph (3)(B).
(2) Such criteria and instructions shall—
(A) include, at minimum, requirements that information
technologies and digital services must–
(i) conform to the technical standards referenced in
subsection (a)(2)(A) of such section 508, as determined by
appropriate conformance testing; and
(ii) be accessible to and usable by individuals with
disabilities as determined from consultation with individuals with disabilities, including those with visual, auditory,
tactile, and cognitive disabilities, or members of any disability organization; and
(B) provide guidance to agencies regarding the types and
format of data and information to be submitted to the Director
and the Administrator pursuant to paragraph (3), including
how to submit such data and information, the metrics by which
compliance will be assessed in the reports required in subsection (b), and any other directions necessary for agencies
to demonstrate compliance with accessibility standards for electronic and information technology procured and in use within
an agency, as required by such section 508.
(3) Not later than 225 days after the date of enactment of
this Act, the head of each agency shall—
(A) evaluate the extent to which the electronic and information technology of the agency are accessible to and usable
by individuals with disabilities described in subsection (a)(1)
of such section 508 compared to the access to and use of
the technology and services by individuals described in such
section who are not individuals with disabilities;
(B) evaluate the electronic and information technology of
the agency in accordance with the criteria and instructions
provided in paragraph (1); and
(C) submit a report containing the evaluations jointly to
the Director and the Administrator.
(b)(1) Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator, in consultation
with the Director, shall prepare and submit to the Committees
on Appropriations and Homeland Security and Governmental
Affairs of the Senate and the Committees on Appropriations and
Oversight and Reform of the House of Representatives a report
that shall include—
(A) a comprehensive assessment (including information
identifying the metrics and data used) of compliance by each
agency, and by the Federal Government generally, with the
criteria and instructions disseminated under subsection (a)(1);
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Reports.
Deadline.
Criteria.
29 USC 794d–1.
Requirements.
Determinations.
Accessibility.
Guidance.
Data.
Compliance.
Evaluations.
Assessment.
Compliance.
PUBL328
136 STAT. 4720
Time period.
List.
Recommendations.
Public
information.
Web posting.
Reimbursements.
Approval.
Deadline.
Spend plan.
Estimates.
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Time period.
Notifications.
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PUBLIC LAW 117–328—DEC. 29, 2022
(B) a detailed description of the actions, activities, and
other efforts made by the Administrator over the year preceding
submission to support such compliance at agencies and any
planned efforts in the coming year to improve compliance at
agencies; and
(C) a list of recommendations that agencies or Congress
may take to help support that compliance.
(2) The Administrator shall ensure that the reports required
under this subsection are made available on a public website and
are maintained as an open Government data asset (as that term
is defined in section 3502 of title 44, United States Code).
SEC. 753. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Federal Citizen Services Fund’’ with the approval
of the Director of the Office of Management and Budget, funds
made available for the current fiscal year by this or any other
Act, including rebates from charge card and other contracts: Provided, That these funds, in addition to amounts otherwise available,
shall be administered by the Administrator of General Services
to carry out the purposes of the Federal Citizen Services Fund
and to support Government-wide and other multi-agency financial,
information technology, procurement, and other activities, including
services authorized by 44 U.S.C. 3604 and enabling Federal agencies
to take advantage of information technology in sharing information:
Provided further, That the total funds transferred or reimbursed
shall not exceed $15,000,000 for such purposes: Provided further,
That the funds transferred to or for reimbursement of ‘‘General
Services Administration, Federal Citizen Services Fund’’ during
fiscal year 2023 shall remain available for obligation through September 30, 2024: Provided further, That not later than 90 days
after enactment of this Act, the Administrator of General Services,
in consultation with the Director of the Office of Management
and Budget, shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a detailed spend
plan for the funds to be transferred or reimbursed: Provided further,
That the spend plan shall, at a minimum, include: (i) the amounts
currently in the funds authorized under this section and the estimate of amounts to be transferred or reimbursed in fiscal year
2023; (ii) a detailed breakdown of the purposes for all funds estimated to be transferred or reimbursed pursuant to this section
(including total number of personnel and costs for all staff whose
salaries are provided for by this section); and (iii) where applicable,
a description of the funds intended for use by or for the implementation of specific laws passed by Congress: Provided further, That
no transfers or reimbursements may be made pursuant to this
section until 15 days following notification of the Committees on
Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
SEC. 754. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in any title other than title IV or VIII
shall not apply to such title IV or VIII.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4721
TITLE VIII
GENERAL PROVISIONS—DISTRICT OF COLUMBIA
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(INCLUDING TRANSFERS OF FUNDS)
SEC. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia
government.
SEC. 802. None of the Federal funds provided in this Act shall
be used for publicity or propaganda purposes or implementation
of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.
SEC. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2023, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of
$3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center, unless
prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of local
funds under this title through November 7, 2023.
SEC. 804. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 805. Except as otherwise provided in this section, none
of the funds made available by this Act or by any other Act may
be used to provide any officer or employee of the District of
Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer’s or employee’s
official duties. For purposes of this section, the term ‘‘official duties’’
does not include travel between the officer’s or employee’s residence
and workplace, except in the case of—
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Propaganda.
Lobbying.
Advance
approvals.
Termination
date.
Definition.
PUBL328
136 STAT. 4722
Voting rights.
Needle
distribution.
Contraceptives.
Conscience
exception.
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Penalties.
Drugs and drug
abuse.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department
of Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24
hours a day;
(5) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management Agency who resides in the District of Columbia and
is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
SEC. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress
for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any location
that has been determined by the local public health or local law
enforcement authorities to be inappropriate for such distribution.
SEC. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
SEC. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used
to enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act
(21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative
for recreational purposes.
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4723
SEC. 810. No funds available for obligation or expenditure by
the District of Columbia government under any authority shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of Columbia,
a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District
of Columbia government for fiscal year 2023 that is in the total
amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the
Chief Financial Officer for the District of Columbia certifies that
a reallocation is required to address unanticipated changes in program requirements.
SEC. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the District
of Columbia shall submit to the appropriate committees of Congress,
the Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia
Public Schools that aligns schools budgets to actual enrollment.
The revised appropriated funds budget shall be in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42).
SEC. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia’s enterprise
and capital funds and such amounts, once transferred, shall retain
appropriation authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from
operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
SEC. 814. None of the Federal funds appropriated in this Act
shall remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2023 from appropriations of Federal funds made available for salaries and expenses
for fiscal year 2023 in this Act, shall remain available through
September 30, 2024, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees
on Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided further,
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Abortion.
Deadline.
Operating
budget.
Applicability.
Certification.
Deadline.
Operating
budget.
Time period.
Advance
approvals.
PUBL328
136 STAT. 4724
Compliance.
Time periods.
Applicability.
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Definition.
Virginia.
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PUBLIC LAW 117–328—DEC. 29, 2022
That these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act.
SEC. 816. (a)(1) During fiscal year 2024, during a period in
which neither a District of Columbia continuing resolution or a
regular District of Columbia appropriation bill is in effect, local
funds are appropriated in the amount provided for any project
or activity for which local funds are provided in the Act referred
to in paragraph (2) (subject to any modifications enacted by the
District of Columbia as of the beginning of the period during which
this subsection is in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a proposed
budget is approved for fiscal year 2024 which (subject to the requirements of the District of Columbia Home Rule Act) will constitute
the local portion of the annual budget for the District of Columbia
government for fiscal year 2024 for purposes of section 446 of
the District of Columbia Home Rule Act (sec. 1–204.46, D.C. Official
Code).
(b) Appropriations made by subsection (a) shall cease to be
available—
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2024 is in effect; or
(2) upon the enactment into law of the regular District
of Columbia appropriation bill for fiscal year 2024.
(c) An appropriation made by subsection (a) is provided under
the authority and conditions as provided under this Act and shall
be available to the extent and in the manner that would be provided
by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2024 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2024 if any other provision of law (other
than an authorization of appropriations)—
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other
law.
SEC. 817. (a) Section 244 of the Revised Statutes of the United
States relating to the District of Columbia (sec. 9–1201.03, D.C.
Official Code) does not apply with respect to any railroads installed
pursuant to the Long Bridge Project.
(b) In this section, the term ‘‘Long Bridge Project’’ means the
project carried out by the District of Columbia and the Commonwealth of Virginia to construct a new Long Bridge adjacent to
the existing Long Bridge over the Potomac River, including related
infrastructure and other related projects, to expand commuter and
regional passenger rail service and to provide bike and pedestrian
access crossings over the Potomac River.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4725
SEC. 818. Not later than 45 days after the last day of each
quarter, each Federal and District government agency appropriated
Federal funds in this Act shall submit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly
budget report that includes total obligations of the Agency for
that quarter for each Federal funds appropriation provided in this
Act, by the source year of the appropriation.
SEC. 819. (a)(1) Section 11–2604(a), District of Columbia Official
Code, is amended by striking ‘‘at a fixed rate of $90 per hour’’
and inserting ‘‘an hourly rate not to exceed the rate payable under
section 3006A(d)(1) of title 18, United States Code’’.
(2) The amendments made by this section shall apply with
respect to cases and proceedings initiated on or after the date
of the enactment of this Act.
(b)(1) Section 11–2605, District of Columbia Official Code, is
amended in subsections (b) and (c) by striking ‘‘(or, in the case
of investigative services, a fixed rate of $25 per hour)’’ each place
it appears.
(2) The amendments made by this section shall apply with
respect to investigative services provided in connection with cases
and proceedings initiated on or after the date of the enactment
of this Act.
SEC. 820. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this title or in title IV shall be treated
as referring only to the provisions of this title or of title IV.
This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2023’’.
DIVISION F—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2023
Reports.
Applicability.
Applicability.
Department of
Homeland
Security
Appropriations
Act, 2023.
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE,
SITUATIONAL AWARENESS, AND OVERSIGHT
OFFICE
OF THE
SECRETARY
AND
EXECUTIVE MANAGEMENT
OPERATIONS AND SUPPORT
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $336,746,000;
of which $18,862,000 shall remain available until September 30,
2024: Provided, That not to exceed $30,000 shall be for official
reception and representation expenses: Provided further, That
$5,000,000 shall be withheld from obligation until the Secretary
submits, to the Committees on Appropriations of the Senate and
the House of Representatives, responses to all questions for the
record for each hearing on the fiscal year 2024 budget submission
for the Department of Homeland Security held by such Committees
prior to July 1.
Submission.
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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.
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PUBL328
136 STAT. 4726
PUBLIC LAW 117–328—DEC. 29, 2022
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
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4727
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
ADMINISTRATIVE PROVISIONS
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(INCLUDING TRANSFER OF FUNDS)
SEC. 101. (a) The Secretary of Homeland Security shall submit
a report not later than October 15, 2023, to the Inspector General
of the Department of Homeland Security listing all grants and
contracts awarded by any means other than full and open competition during fiscal years 2022 or 2023.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with applicable
laws and regulations and report the results of that review to the
Committees on Appropriations of the Senate and the House of
Representatives not later than February 15, 2024.
SEC. 102. Not later than 30 days after the last day of each
month, the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a monthly budget and
staffing report that includes total obligations of the Department
for that month and for the fiscal year at the appropriation and
program, project, and activity levels, by the source year of the
appropriation.
SEC. 103. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition outcomes,
which shall be specified in terms of cost, schedule, and performance.
SEC. 104. (a) The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees
on Appropriations of the Senate and the House of Representatives
of any proposed transfers of funds available under section
9705(g)(4)(B) of title 31, United States Code, from the Department
of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives are notified of the proposed
transfer.
SEC. 105. All official costs associated with the use of Government aircraft by Department of Homeland Security personnel to
support official travel of the Secretary and the Deputy Secretary
shall be paid from amounts made available for the Office of the
Secretary.
SEC. 106. (a) The Under Secretary for Management shall brief
the Committees on Appropriations of the Senate and the House
of Representatives not later than 45 days after the end of each
fiscal quarter on all Level 1 and Level 2 acquisition programs
on the Master Acquisition Oversight list between Acquisition Decision Event and Full Operational Capability, including programs
that have been removed from such list during the preceding quarter.
(b) For each such program, the briefing described in subsection
(a) shall include—
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s) sponsoring
the acquisition;
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Reports.
Grants.
Contracts.
Time period.
Review.
Assessment.
Compliance.
Budget.
Reports.
Contracts.
Award fees.
Notifications.
Briefing.
Deadline.
Contracts.
PUBL328
136 STAT. 4728
Cost estimate.
Time periods.
Summary.
Estimates.
Listing.
Memorandums.
Deadline.
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Reports.
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PUBLIC LAW 117–328—DEC. 29, 2022
(2) the total number of units, as appropriate, to be acquired
annually until procurement is complete under the current
acquisition program baseline;
(3) the Acquisition Review Board status, including—
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in
breach status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program’s current such
thresholds and objectives, if applicable;
(5) the lifecycle cost estimate, adjusted for comparison to
the Future Years Homeland Security Program, including—
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate;
(C) a breakout of the estimate for the prior five years,
the current year, and the budget year;
(D) a breakout of the estimate by appropriation account
or other funding source; and
(E) a description of and rationale for any changes
to the estimate as compared to the previously approved
baseline, as applicable, and during the prior fiscal year;
(6) a summary of the findings of any independent
verification and validation of the items to be acquired or an
explanation for why no such verification and validation has
been performed;
(7) a table displaying the obligation of all program funds
by prior fiscal year, the estimated obligation of funds for the
current fiscal year, and an estimate for the planned carryover
of funds into the subsequent fiscal year;
(8) a listing of prime contractors and major subcontractors;
and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(c) The Under Secretary for Management shall submit each
approved Acquisition Decision Memorandum for programs described
in this section to the Committees on Appropriations of the Senate
and the House of Representatives not later than five business
days after the date of approval of such memorandum by the Under
Secretary for Management or the designee of the Under Secretary.
SEC. 107. (a) None of the funds made available to the Department of Homeland Security in this Act or prior appropriations
Acts may be obligated for any new pilot or demonstration unless
the component or office carrying out such pilot or demonstration
has documented the information described in subsection (c).
(b) Prior to the obligation of any such funds made available
for ‘‘Operations and Support’’ for a new pilot or demonstration,
the Under Secretary for Management shall provide a report to
the Committees on Appropriations of the Senate and the House
of Representatives on the information described in subsection (c).
(c) The information required under subsections (a) and (b)
for a pilot or demonstration shall include the following—
(1) documented objectives that are well-defined and measurable;
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4729
(2) an assessment methodology that details—
(A) the type and source of assessment data;
(B) the methods for, and frequency of, collecting such
data; and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones, cost estimates, and implementation schedules, including a projected
end date.
(d) Not later than 90 days after the date of completion of
a pilot or demonstration described in subsection (e) the Under
Secretary for Management shall provide a report to the Committees
on Appropriations of the Senate and the House of Representatives
detailing lessons learned, actual costs, any planned expansion or
continuation of the pilot or demonstration, and any planned transition of such pilot or demonstration into an enduring program or
operation.
(e) For the purposes of this section, a pilot or demonstration
program is a study, demonstration, experimental program, or trial
that—
(1) is a small-scale, short-term experiment conducted in
order to evaluate feasibility, duration, costs, or adverse events,
and improve upon the design of an effort prior to implementation of a larger scale effort; and
(2) uses more than 10 full-time equivalents or obligates,
or proposes to obligate, $5,000,000 or more, but does not include
congressionally directed programs or enhancements and does
not include programs that were in operation as of March 15,
2022.
(f) For the purposes of this section, a pilot or demonstration
does not include any testing, evaluation, or initial deployment phase
executed under a procurement contract for the acquisition of
information technology services or systems, or any pilot or demonstration carried out by a non-federal recipient under any financial
assistance agreement funded by the Department.
SEC. 108. Of the amount made available by section 4005 of
the American Rescue Plan Act of 2021 (Public Law 117–2),
$14,000,000 shall be transferred to ‘‘Office of Inspector General—
Operations and Support’’ for oversight of the use of funds made
available under such section 4005.
Assessment.
Data.
Implementation
plan.
Cost estimates.
Schedules.
Reports.
Costs.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS
AND
BORDER PROTECTION
OPERATIONS AND SUPPORT
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(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
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PUBL328
136 STAT. 4730
Reports.
PUBLIC LAW 117–328—DEC. 29, 2022
purchase and lease of up to 7,500 (6,500 for replacement only)
police-type vehicles; the purchase, maintenance, or operation of
marine vessels, aircraft, and unmanned aerial systems; and contracting with individuals for personal services abroad;
$15,590,694,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$500,000,000 shall be available until September 30, 2024; and of
which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Provided, That not
to exceed $34,425 shall be for official reception and representation
expenses: Provided further, That not to exceed $150,000 shall be
available for payment for rental space in connection with
preclearance operations: Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security: Provided further, That $800,000,000 shall be
transferred to ‘‘Federal Emergency Management Agency—Federal
Assistance’’ to support sheltering and related activities provided
by non-Federal entities, including facility improvements and
construction, in support of relieving overcrowding in short-term
holding facilities of U.S. Customs and Border Protection, of which
not to exceed $11,200,000 shall be for the administrative costs
of the Federal Emergency Management Agency: Provided further,
That not to exceed $5,000,000 may be transferred to the Bureau
of Indian Affairs for the maintenance and repair of roads on Native
American reservations used by the U.S. Border Patrol: Provided
further, That of the amounts made available under this heading
for the Executive Leadership and Oversight program, project, and
activity, as outlined in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), $5,000,000 shall not be available for obligation until the
reports concerning human capital strategic plans and the Office
of Field Operations workload staffing model that are directed in
such explanatory statement are submitted to the Committees on
Appropriations of the Senate and the House of Representatives.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of U.S. Customs and Border Protection
for procurement, construction, and improvements, including
procurement of marine vessels, aircraft, and unmanned aerial systems, $581,558,000, of which $481,658,000 shall remain available
until September 30, 2025; and of which $99,900,000 shall remain
available until September 30, 2027.
U.S. IMMIGRATION
AND
CUSTOMS ENFORCEMENT
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Reports.
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
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OPERATIONS AND SUPPORT
For necessary expenses of the Transportation Security Administration for operations and support, $8,798,363,000, to remain available until September 30, 2024: Provided, That not to exceed $7,650
shall be for official reception and representation expenses: Provided
further, That security service fees authorized under section 44940
of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-fordollar 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.
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Reduction.
PUBL328
136 STAT. 4732
PUBLIC LAW 117–328—DEC. 29, 2022
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)).
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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PUBL328
136 STAT. 4734
PUBLIC LAW 117–328—DEC. 29, 2022
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
Applicability.
Puerto Rico.
Virgin Islands.
Fees.
Canada.
Mexico.
Reduction.
Drugs and drug
abuse.
Canada.
Compliance.
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Applicability.
Time period.
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SEC. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115–141), related
to overtime compensation limitations, shall apply with respect to
funds made available in this Act in the same manner as such
section applied to funds made available in that Act, except that
‘‘fiscal year 2023’’ shall be substituted for ‘‘fiscal year 2018’’.
SEC. 202. Funding made available under the headings ‘‘U.S.
Customs and Border Protection—Operations and Support’’ and ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and
Improvements’’ shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions
in Puerto Rico and the U.S. Virgin Islands, in addition to funding
provided by sections 740 and 1406i of title 48, United States Code.
SEC. 203. As authorized by section 601(b) of the United StatesColombia Trade Promotion Agreement Implementation Act (Public
Law 112–42), fees collected from passengers arriving from Canada,
Mexico, or an adjacent island pursuant to section 13031(a)(5) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(a)(5)) shall be available until expended.
SEC. 204. (a) For an additional amount for ‘‘U.S. Customs
and Border Protection—Operations and Support’’, $31,000,000, to
remain available until expended, to be reduced by amounts collected
and credited to this appropriation in fiscal year 2023 from amounts
authorized to be collected by section 286(i) of the Immigration
and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and
section 817 of the Trade Facilitation and Trade Enforcement Act
of 2015 (Public Law 114–125), or other such authorizing language.
(b) To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall
be credited to this appropriation, to remain available until
expended.
SEC. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food, Drug,
and Cosmetic Act) from importing a prescription drug from Canada
that complies with the Federal Food, Drug, and Cosmetic Act:
Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription
drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be—
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
SEC. 206. (a) Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code, for
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PUBLIC LAW 117–328—DEC. 29, 2022
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) The Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives within 2 business days of any request for waivers
of navigation and vessel-inspection laws pursuant to section 501(b)
of title 46, United States Code, with respect to such transportation,
and the disposition of such requests.
SEC. 207. (a) Beginning on the date of enactment of this Act,
the Secretary of Homeland Security shall not—
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) In this section, the term ‘‘border crossing fee’’ means a
fee that every pedestrian, cyclist, and driver and passenger of
a private motor vehicle is required to pay for the privilege of
crossing the Southern border or the Northern border at a land
port of entry.
SEC. 208. (a) Not later than 90 days after the date of enactment
of this Act, the Commissioner of U.S. Customs and Border Protection shall submit an expenditure plan for any amounts made available for ‘‘U.S. Customs and Border Protection—Procurement,
Construction, and Improvements’’ in this Act and prior Acts to
the Committees on Appropriations of the Senate and the House
of Representatives.
(b) No such amounts provided in this Act may be obligated
prior to the submission of such plan.
SEC. 209. Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116–260), prohibiting the use of funds for the construction of fencing in certain
areas, shall apply with respect to funds made available in this
Act in the same manner as such section applied to funds made
available in that Act.
SEC. 210. (a) Funds made available in this Act may be used
to alter operations within the National Targeting Center of U.S.
Customs and Border Protection.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, may be used to
reduce anticipated or planned vetting operations at existing locations unless specifically authorized by a statute enacted after the
date of enactment of this Act.
SEC. 211. (a) Of the amounts transferred from ‘‘U.S. Customs
and Border Protection—Operations and Support’’ to ‘‘Federal Emergency Management Agency—Federal Assistance’’ in this Act, up
to $785,000,000 may be made available for the emergency food
and shelter program under title II of the McKinney Vento Homeless
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Notification.
Deadline.
Waivers.
Effective date.
Definition.
Deadline.
Expenditure
plan.
Applicability.
PUBL328
136 STAT. 4736
Time period.
Disbursement.
Time period.
Reimbursement.
Effective date.
Determination.
Contracts.
6 USC 211 note.
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Aliens.
Time period.
Applicability.
8 USC 1378a
note.
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PUBLIC LAW 117–328—DEC. 29, 2022
Assistance Act (42 U.S.C. 11331) for the purposes of providing
shelter and other services to families and individuals encountered
by the Department of Homeland Security.
(b) Notwithstanding sections 313(a) and 316 of such Act, up
to $50,000,000 of any amounts made available to the emergency
food and shelter program under subsection (a) may be used for
the construction and expansion of shelter facilities.
(c) Notwithstanding section 311 of such Act, funds made available for the purposes described in subsection (b) may be awarded
to the Emergency Food and Shelter Program National Board up
to 6 months after the date of enactment of this Act.
(d) Notwithstanding sections 315 and 316(b) of such Act, funds
made available under subsection (b) may be disbursed by the Emergency Food and Shelter Program National Board up to 24 months
after the date on which such funds become available.
(e) Amounts made available under subsection (a) may be available for the reimbursement of costs incurred after June 30, 2022.
(f) The real property disposition requirements at 2 CFR
200.311(c) shall not apply to grants funded by the amounts transferred from ‘‘U.S. Customs and Border Protection—Operations and
Support’’ to ‘‘Federal Emergency Management Agency—Federal
Assistance’’ in this Act.
SEC. 212. Of the total amount made available under ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and
Improvements’’, $581,558,000 shall be available only as follows:
(1) $230,277,000 for the acquisition and deployment of
border security technologies;
(2) $126,047,000 for trade and travel assets and infrastructure;
(3) $99,900,000 for facility construction and improvements;
(4) $92,661,000 for integrated operations assets and infrastructure; and
(5) $32,673,000 for mission support and infrastructure.
SEC. 213. None of the funds provided under the heading ‘‘U.S.
Immigration and Customs Enforcement—Operations and Support’’
may be used to continue a delegation of law enforcement authority
authorized under section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) if the Department of Homeland Security
Inspector General determines that the terms of the agreement
governing the delegation of authority have been materially violated.
SEC. 214. (a) None of the funds provided under the heading
‘‘U.S. Immigration and Customs Enforcement—Operations and Support’’ may be used to continue any contract for the provision of
detention services if the two most recent overall performance
evaluations received by the contracted facility are less than ‘‘adequate’’ or the equivalent median score in any subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection (a)
shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility.
SEC. 215. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ‘‘U.S. Immigration and Customs
Enforcement—Operations and Support’’ as necessary to ensure the
detention of aliens prioritized for removal.
SEC. 216. The reports required to be submitted under section
216 of the Department of Homeland Security Appropriations Act,
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PUBLIC LAW 117–328—DEC. 29, 2022
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. The terms and conditions of sections 216 and 217
of the Department of Homeland Security Appropriations Act, 2020
(division D of Public Law 116–93) shall apply to this Act.
SEC. 218. Members of the United States House of Representatives and the United States Senate, including the leadership; the
heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of
the Department of Homeland Security; the United States Attorney
General, Deputy Attorney General, Assistant Attorneys General,
and the United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office
of Management and Budget, shall not be exempt from Federal
passenger and baggage screening.
SEC. 219. Any award by the Transportation Security Administration to deploy explosives detection systems shall be based on
risk, the airport’s current reliance on other screening solutions,
lobby congestion resulting in increased security concerns, high
injury rates, airport readiness, and increased cost effectiveness.
SEC. 220. Notwithstanding section 44923 of title 49, United
States Code, for fiscal year 2023, any funds in the Aviation Security
Capital Fund established by section 44923(h) of title 49, United
States Code, may be used for the procurement and installation
of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described
in section 44923(a) of such title.
SEC. 221. Not later than 45 days after the submission of the
President’s budget proposal, the Administrator of the Transportation Security Administration shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the
Senate and the Committees on Appropriations and Homeland Security in the House of Representatives a single report that fulfills
the following requirements:
(1) a Capital Investment Plan, both constrained and unconstrained, that includes a plan for continuous and sustained
capital investment in new, and the replacement of aged,
transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of
2002, as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113–245); and
(3) the Advanced Integrated Passenger Screening Technologies report as required by the Senate Report accompanying
the Department of Homeland Security Appropriations Act, 2019
(Senate Report 115–283).
SEC. 222. Section 225 of division A of Public Law 116–6 (49
U.S.C. 44901 note), relating to a pilot program for screening outside
of an existing primary passenger terminal screening area, is
amended in subsection (e) by striking ‘‘2023’’ and inserting ‘‘2025’’.
SEC. 223. (a) None of the funds made available by this Act
under the heading ‘‘Coast Guard—Operations and Support’’ shall
be for expenses incurred for recreational vessels under section 12114
of title 46, United States Code, except to the extent fees are collected
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Applicability.
Explosives
detection
systems.
Contracts.
Explosives
detection
systems.
Reports.
Plans.
Vessels.
PUBL328
136 STAT. 4738
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Investment plan.
Requirements.
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PUBLIC LAW 117–328—DEC. 29, 2022
from owners of yachts and credited to the appropriation made
available by this Act under the heading ‘‘Coast Guard—Operations
and Support’’.
(b) To the extent such fees are insufficient to pay expenses
of recreational vessel documentation under such section 12114,
and there is a backlog of recreational vessel applications, personnel
performing non-recreational vessel documentation functions under
subchapter II of chapter 121 of title 46, United States Code, may
perform documentation under section 12114.
SEC. 224. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, in accordance
with the notification requirement described in subsection (b) of
such section, up to the following amounts may be reprogrammed
within ‘‘Coast Guard—Operations and Support’’—
(1) $10,000,000 to or from the ‘‘Military Personnel’’ funding
category; and
(2) $10,000,000 between the ‘‘Field Operations’’ funding
subcategories.
SEC. 225. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees
on Appropriations of the Senate and the House of Representatives
a future-years capital investment plan as described in the second
proviso under the heading ‘‘Coast Guard—Acquisition, Construction,
and Improvements’’ in the Department of Homeland Security Appropriations Act, 2015 (Public Law 114–4), which shall be subject
to the requirements in the third and fourth provisos under such
heading.
SEC. 226. Of the funds made available for defense-related activities under the heading ‘‘Coast Guard—Operations and Support’’,
up to $190,000,000 that are used for enduring overseas missions
in support of the global fight against terrorism may be reallocated
by program, project, and activity, notwithstanding section 503 of
this Act.
SEC. 227. None of the funds in this Act shall be used to
reduce the Coast Guard’s legacy Operations Systems Center mission
or its government-employed or contract staff levels.
SEC. 228. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A–76 for activities
performed with respect to the Coast Guard National Vessel Documentation Center.
SEC. 229. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the Coast
Guard nationwide, including civil engineering units, facilities design
and construction centers, maintenance and logistics commands, and
the Coast Guard Academy, except that none of the funds provided
in this Act may be used to reduce operations within any civil
engineering unit unless specifically authorized by a statute enacted
after the date of enactment of this Act.
SEC. 230. Amounts deposited into the Coast Guard Housing
Fund in fiscal year 2023 shall be available until expended to carry
out the purposes of section 2946 of title 14, United States Code,
and shall be in addition to funds otherwise available for such
purposes.
SEC. 231. (a) Notwithstanding section 2110 of title 46, United
States Code, none of the funds made available in this Act shall
be used to charge a fee for an inspection of a towing vessel, as
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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) Subsection (a) shall not apply after the date the Commandant of the Coast Guard makes a determination under section
815(a) of the Frank LoBiondo Coast Guard Authorization Act of
2018 (Public Law 115–282) and, as necessary based on such determination, carries out the requirements of section 815(b) of such
Act.
SEC. 232. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code,
for personnel receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources available
under the heading ‘‘United States Secret Service—Operations and
Support’’ at the end of the fiscal year.
SEC. 233. (a) None of the funds made available to the United
States Secret Service by this Act or by previous appropriations
Acts may be made available for the protection of the head of
a Federal agency other than the Secretary of Homeland Security.
(b) The Director of the United States Secret Service may enter
into agreements to provide such protection on a fully reimbursable
basis.
SEC. 234. For purposes of section 503(a)(3) of this Act, up
to $15,000,000 may be reprogrammed within ‘‘United States Secret
Service—Operations and Support’’.
SEC. 235. Funding made available in this Act for ‘‘United States
Secret Service—Operations and Support’’ is available for travel
of United States Secret Service employees on protective missions
without regard to the limitations on such expenditures in this
or any other Act if the Director of the United States Secret Service
or a designee notifies the Committees on Appropriations of the
Senate and the House of Representatives 10 or more days in
advance, or as early as practicable, prior to such expenditures.
SEC. 236. Of the amounts made available by this Act under
the heading ‘‘United States Secret Service—Operations and Support’’, $23,000,000, to remain available until expended, shall be
distributed as a grant or cooperative agreement for existing
National Computer Forensics Institute facilities currently used by
the United States Secret Service to carry out activities under section
383 of title 6, United States Code, of which not to exceed 5 percent,
or the applicable negotiated rate, shall be for the administrative
costs of the Department of Homeland Security in carrying out
this section.
Determination.
Reimbursements.
Contracts.
Reimbursement.
Notifications.
Time period.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
CYBERSECURITY
AND INFRASTRUCTURE
SECURITY AGENCY
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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:
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PUBLIC LAW 117–328—DEC. 29, 2022
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)
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Puerto Rico.
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For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative agreements, and other activities, $3,882,014,000, which shall be allocated
as follows:
(1) $520,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605), of which $90,000,000 shall be for Operation Stonegarden and $15,000,000 shall be for Tribal Homeland Security Grants under section 2005 of the Homeland Security Act of 2002 (6 U.S.C. 606): Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2023,
the Commonwealth of Puerto Rico shall make available to
local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with
subsection (c)(1) of such section 2004.
(2) $615,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) $305,000,000 for the Nonprofit Security Grant Program
under sections 2003 and 2004 of the Homeland Security Act
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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)
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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 PROVISIONS
Grants.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 301. Funds made available under the heading ‘‘Cybersecurity and Infrastructure Security Agency—Operations and Support’’
may be made available for the necessary expenses of procuring
or providing access to cybersecurity threat feeds for branches, agencies, independent agencies, corporations, establishments, and
instrumentalities of the Federal Government of the United States,
state, local, tribal, and territorial entities, fusion centers as
described in section 210A of the Homeland Security Act (6 U.S.C.
124h), and Information and Analysis Organizations.
SEC. 302. (a) The Director of the Cybersecurity and Infrastructure Security Agency (or the Director’s designee) shall provide the
briefings to the Committees on Appropriations of the Senate and
the House of Representatives described under the heading ‘‘Quarterly Budget and Staffing Briefings’’ in the explanatory statement
for division F of Public Law 117–103 described in section 4 in
the matter preceding division A of such Public Law—
(1) with respect to the first quarter of fiscal year 2023,
not later than the later of 30 days after the date of enactment
of this Act or January 30, 2023; and
(2) with respect to each subsequent fiscal quarter in fiscal
year 2023, not later than 21 days after the end of each such
quarter.
(b) In the event that any such briefing required during this
fiscal year under subsection (a) is not provided, the amount made
available in title III to the Cybersecurity and Infrastructure Security Agency under the heading ‘‘Operations and Support’’ shall
be reduced by $50,000 for each day of noncompliance with subsection (a), and the amount made available under such heading
and specified in the detailed funding table in the explanatory statement for this division described in section 4 (in the matter preceding
division A of this consolidated Act) for Management and Business
Activities shall be correspondingly reduced by an equivalent
amount.
SEC. 303. (a) Notwithstanding section 2008(a)(12) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision
of law, not more than 5 percent of the amount of a grant made
available in paragraphs (1) through (5) under ‘‘Federal Emergency
Management Agency—Federal Assistance’’, may be used by the
recipient for expenses directly related to administration of the grant.
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Briefings.
Time periods.
Deadlines.
Reduction.
PUBL328
136 STAT. 4744
Applicability.
Deadlines.
Briefing.
Time periods.
Public
information.
Rescission.
Applicability.
Waiver authority.
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Fees.
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PUBLIC LAW 117–328—DEC. 29, 2022
(b) The authority provided in subsection (a) shall also apply
to a state recipient for the administration of a grant under such
paragraph (3).
SEC. 304. Notwithstanding section 2004(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 605(e)(1)), the meaning of ‘‘total
funds appropriated for grants under this section and section 2003’’
in each place that it appears shall not include any funds provided
for the Nonprofit Security Grant Program in paragraph (3) under
the heading ‘‘Federal Emergency Management Agency—Federal
Assistance’’ in this Act.
SEC. 305. Applications for grants under the heading ‘‘Federal
Emergency Management Agency—Federal Assistance’’, for paragraphs (1) through (5), shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act,
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after
the receipt of an application.
SEC. 306. (a) Under the heading ‘‘Federal Emergency Management Agency—Federal Assistance’’, for grants under paragraphs
(1) through (5) and (9), the Administrator of the Federal Emergency
Management Agency shall brief the Committees on Appropriations
of the Senate and the House of Representatives 5 full business
days in advance of announcing publicly the intention of making
an award.
(b) If any such public announcement is made before 5 full
business days have elapsed following such briefing, $1,000,000 of
amounts appropriated by this Act for ‘‘Federal Emergency Management Agency—Operations and Support’’ shall be rescinded.
SEC. 307. Under the heading ‘‘Federal Emergency Management
Agency—Federal Assistance’’, for grants under paragraphs (1) and
(2), the installation of communications towers is not considered
construction of a building or other physical facility.
SEC. 308. The reporting requirements in paragraphs (1) and
(2) under the heading ‘‘Federal Emergency Management Agency—
Disaster Relief Fund’’ in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114–4), related to reporting
on the Disaster Relief Fund, shall be applied in fiscal year 2023
with respect to budget year 2024 and current fiscal year 2023,
respectively—
(1) in paragraph (1) by substituting ‘‘fiscal year 2024’’ for
‘‘fiscal year 2016’’; and
(2) in paragraph (2) by inserting ‘‘business’’ after ‘‘fifth’’.
SEC. 309. In making grants under the heading ‘‘Federal Emergency Management Agency—Federal Assistance’’, for Staffing for
Adequate Fire and Emergency Response grants, the Administrator
of the Federal Emergency Management Agency may grant waivers
from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
(c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229a).
SEC. 310. (a) The aggregate charges assessed during fiscal
year 2023, as authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not
be less than 100 percent of the amounts anticipated by the Department of Homeland Security to be necessary for its Radiological
Emergency Preparedness Program for the next fiscal year.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will
become available for authorized purposes on October 1, 2023, and
remain available until expended.
SEC. 311. In making grants under the heading ‘‘Federal Emergency Management Agency—Federal Assistance’’, for Assistance to
Firefighter Grants, the Administrator of the Federal Emergency
Management Agency may waive subsection (k) of section 33 of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229).
Effective date.
Waiver authority.
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.
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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,
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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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. 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).
Biometrics.
TITLE V
GENERAL PROVISIONS
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(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.
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136 STAT. 4748
Notifications.
Time periods.
Contracts.
Termination
date.
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Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this Act, may be merged
with funds in the applicable established accounts, and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the components in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2023, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the components funded by this
Act, shall be available for obligation or expenditure through a
reprogramming of funds that—
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the President’s budget proposal for fiscal year 2023 for the Department
of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 30 days in advance of such transfer, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations
based upon an initial notification provided after June 30, except
in extraordinary circumstances that imminently threaten the safety
of human life or the protection of property.
(e) The notification thresholds and procedures set forth in subsections (a), (b), (c), and (d) shall apply to any use of deobligated
balances of funds provided in previous Department of Homeland
Security Appropriations Acts that remain available for obligation
in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101
note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided, That the Secretary shall
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PUBLIC LAW 117–328—DEC. 29, 2022
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) Section 504 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law 115–
31), related to the operations of a working capital fund, shall
apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available
in that Act.
(b) Funds from such working capital fund may be obligated
and expended in anticipation of reimbursements from components
of the Department of Homeland Security.
SEC. 505. (a) Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2023, as recorded in the financial records
at the time of a reprogramming notification, but not later than
June 30, 2024, from appropriations for ‘‘Operations and Support’’
for fiscal year 2023 in this Act shall remain available through
September 30, 2024, in the account and for the purposes for which
the appropriations were provided.
(b) Prior to the obligation of such funds, a notification shall
be submitted to the Committees on Appropriations of the Senate
and the House of Representatives in accordance with section 503
of this Act.
SEC. 506. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2023 until the enactment of
an Act authorizing intelligence activities for fiscal year 2023.
(b) Amounts described in subsection (a) made available for
‘‘Intelligence, Analysis, and Situational Awareness—Operations and
Support’’ that exceed the amounts in such authorization for such
account shall be transferred to and merged with amounts made
available under the heading ‘‘Management Directorate—Operations
and Support’’.
(c) Prior to the obligation of any funds transferred under subsection (b), the Management Directorate shall brief the Committees
on Appropriations of the Senate and the House of Representatives
on a plan for the use of such funds.
SEC. 507. (a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the Senate and the House of Representatives at least
3 full business days in advance of—
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction agreement, or task or delivery order on a Department of Homeland
Security multiple award contract, or to issue a letter of intent
totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
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Applicability.
31 USC 501 note.
Deadline.
Notification.
Briefing.
Plan.
Notifications.
Deadlines.
Grants.
Contracts.
Public
information.
Determination.
Deadline.
PUBL328
136 STAT. 4750
Contracts.
Notification.
Applicability.
Definition.
National
identification
card.
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PUBLIC LAW 117–328—DEC. 29, 2022
life, health, or safety, an award may be made without notification,
and the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives not later than
5 full business days after such an award is made or letter issued.
(c) A notification under this section—
(1) may not involve funds that are not available for obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
SEC. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate
and the House of Representatives, except that the Federal Law
Enforcement Training Centers is authorized to obtain the temporary
use of additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers’ facilities.
SEC. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States
Code, has not been approved, except that necessary funds may
be expended for each project for required expenses for the development of a proposed prospectus.
SEC. 510. No Federal funds may be available to pay the salary
of any employee serving as a contracting officer’s representative,
or anyone acting in a similar capacity, who has not received contracting officer’s representative training.
SEC. 511. Sections 522 and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110–
161; 121 Stat. 2073 and 2074) shall apply with respect to funds
made available in this Act in the same manner as such sections
applied to funds made available in that Act.
SEC. 512. (a) None of the funds made available in this Act
may be used in contravention of the applicable provisions of the
Buy American Act.
(b) For purposes of subsection (a), the term ‘‘Buy American
Act’’ means chapter 83 of title 41, United States Code.
SEC. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 514. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
authorized by the Congress.
SEC. 515. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a national
identification card.
SEC. 516. Any official that is required by this Act to report
or to certify to the Committees on Appropriations of the Senate
and the House of Representatives may not delegate such authority
to perform that act unless specifically authorized herein.
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PUBLIC LAW 117–328—DEC. 29, 2022
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. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements
of a contract.
SEC. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, territorial, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
SEC. 521. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of subtitle
I of title 41, United States Code, or chapter 137 of title 10, United
States Code, and the Federal Acquisition Regulation, unless such
contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes.
SEC. 522. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate the
transfer of an operable firearm to an individual if the Federal
law enforcement officer knows or suspects that the individual is
an agent of a drug cartel unless law enforcement personnel of
the United States continuously monitor or control the firearm at
all times.
SEC. 523. (a) None of the funds made available in this Act
may be used to pay for the travel to or attendance of more than
50 employees of a single component of the Department of Homeland
Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security,
or a designee, determines that such attendance is in the national
interest and notifies the Committees on Appropriations of the
Senate and the House of Representatives within at least 10 days
of that determination and the basis for that determination.
(b) For purposes of this section the term ‘‘international conference’’ shall mean a conference occurring outside of the United
States attended by representatives of the United States Government
and of foreign governments, international organizations, or nongovernmental organizations.
(c) The total cost to the Department of Homeland Security
of any such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel
away from their permanent duty station within the United States
shall not be counted for purposes of this section, and the prohibition
contained in this section shall not apply to payments for the costs
of attendance for such employees.
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Contracts.
Pornography.
Contracts.
Firearms.
Conference
attendees.
Determination.
Notifications.
Deadline.
Definition.
PUBL328
136 STAT. 4752
Pay reform.
Employment
positions.
Time periods.
Notification.
Analysis.
Web posting.
Public
information.
Reports.
Determination.
Time period.
Continuation.
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Aliens.
Congress.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 524. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
SEC. 525. (a) None of the funds made available to the Department of Homeland Security by this or any other Act may be obligated for the implementation of any structural pay reform or the
introduction of any new position classification that will affect more
than 100 full-time positions or costs more than $5,000,000 in a
single year before the end of the 30-day period beginning on the
date on which the Secretary of Homeland Security submits to
Congress a notification that includes—
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of compensation
alternatives to such change that were considered by the Department.
(b) Subsection (a) shall not apply to such change if—
(1) it was proposed in the President’s budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act.
SEC. 526. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Committees on Appropriations of the Senate and the House
of Representatives in this Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the Committees
on Appropriations of the Senate and the House of Representatives
for not less than 45 days except as otherwise specified in law.
SEC. 527. (a) Funding provided in this Act for ‘‘Operations
and Support’’ may be used for minor procurement, construction,
and improvements.
(b) For purposes of subsection (a), ‘‘minor’’ refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
SEC. 528. The authority provided by section 532 of the Department of Homeland Security Appropriations Act, 2018 (Public Law
115–141) regarding primary and secondary schooling of dependents
shall continue in effect during fiscal year 2023.
SEC. 529. (a) None of the funds appropriated or otherwise
made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from
entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain
or otherwise house aliens, or to make any temporary modification
at any such facility that in any way alters what is observed by
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PUBLIC LAW 117–328—DEC. 29, 2022
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) With respect to individuals described in subsection (a)(2),
the Department of Homeland Security may require that a request
be made at least 24 hours in advance of an intent to enter a
facility described in subsection (a).
SEC. 530. (a) For an additional amount for ‘‘Federal Emergency
Management Agency—Federal Assistance’’, $3,000,000, to remain
available until September 30, 2024, exclusively for providing
reimbursement of extraordinary law enforcement or other emergency personnel costs for protection activities directly and demonstrably associated with any residence of the President that is designated or identified to be secured by the United States Secret
Service.
(b) Subsections (b) through (f) of section 534 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115–
141), shall be applied with respect to amounts made available
by subsection (a) of this section by substituting ‘‘October 1, 2023’’
for ‘‘October 1, 2018’’ and ‘‘October 1, 2022’’ for ‘‘October 1, 2017’’.
SEC. 531. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place restraints
on a woman in the custody of the Department of Homeland Security
(including during transport, in a detention facility, or at an outside
medical facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant
woman if—
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the
woman—
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other means;
or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection
(b), only the safest and least restrictive restraints, as determined
by the appropriate medical professional treating the woman, may
be used. In no case may restraints be used on a woman who
is in active labor or delivery, and in no case may a pregnant
woman be restrained in a face-down position with four-point
restraints, on her back, or in a restraint belt that constricts the
area of the pregnancy. A pregnant woman who is immobilized
by restraints shall be positioned, to the maximum extent feasible,
on her left side.
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Time period.
Applicability.
Pregnant women.
Determinations.
PUBL328
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Records.
Applicability.
Reports.
Summary.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 532. (a) None of the funds made available by this Act
may be used to destroy any document, recording, or other record
pertaining to any—
(1) death of,
(2) potential sexual assault or abuse perpetrated against,
or
(3) allegation of abuse, criminal activity, or disruption committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual
who has been charged with a crime, been placed into segregation,
or otherwise punished as a result of an allegation described in
paragraph (3), upon the request of such individual.
SEC. 533. Section 519 of division F of Public Law 114–113,
regarding a prohibition on funding for any position designated
as a Principal Federal Official, shall apply with respect to any
Federal funds in the same manner as such section applied to
funds made available in that Act.
SEC. 534. (a) Not later than 10 days after the date on which
the budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the
Under Secretary for Management of Homeland Security shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives a report on the unfunded priorities,
for the Department of Homeland Security and separately for each
departmental component, for which discretionary funding would
be classified as budget function 050.
(b) Each report under this section shall specify, for each such
unfunded priority—
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be achieved
if such priority is funded (whether in whole or in part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time positions
to be funded as part of such priority.
(c) In this section, the term ‘‘unfunded priority’’, in the case
of a fiscal year, means a requirement that—
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through
the budget referred to in subsection (a) if—
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget
was formulated; or
(C) the requirement is necessary to sustain prior-year
investments.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4755
SEC. 535. (a) Not later than 10 days after a determination
is made by the President to evaluate and initiate protection under
any authority for a former or retired Government official or
employee, or for an individual who, during the duration of the
directed protection, will become a former or retired Government
official or employee (referred to in this section as a ‘‘covered individual’’), the Secretary of Homeland Security shall submit a notification to congressional leadership and the Committees on Appropriations of the Senate and the House of Representatives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on Oversight
and Reform of the House of Representatives (referred to in this
section as the ‘‘appropriate congressional committees’’).
(b) Such notification may be submitted in classified form, if
necessary, and in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation,
as appropriate, and shall include the threat assessment, scope
of the protection, and the anticipated cost and duration of such
protection.
(c) Not later than 15 days before extending, or 30 days before
terminating, protection for a covered individual, the Secretary of
Homeland Security shall submit a notification regarding the extension or termination and any change to the threat assessment to
the congressional leadership and the appropriate congressional
committees.
(d) Not later than 45 days after the date of enactment of
this Act, and quarterly thereafter, the Secretary shall submit a
report to the congressional leadership and the appropriate congressional committees, which may be submitted in classified form, if
necessary, detailing each covered individual, and the scope and
associated cost of protection.
SEC. 536. (a) None of the funds provided to the Department
of Homeland Security in this or any prior Act may be used by
an agency to submit an initial project proposal to the Technology
Modernization Fund (as authorized by section 1078 of subtitle G
of title X of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91)) unless, concurrent with the submission of an initial project proposal to the Technology Modernization
Board, the head of the agency—
(1) notifies the Committees on Appropriations of the Senate
and the House of Representatives of the proposed submission
of the project proposal;
(2) submits to the Committees on Appropriations a copy
of the project proposal; and
(3) provides a detailed analysis of how the proposed project
funding would supplement or supplant funding requested as
part of the Department’s most recent budget submission.
(b) None of the funds provided to the Department of Homeland
Security by the Technology Modernization Fund shall be available
for obligation until 15 days after a report on such funds has been
transmitted to the Committees on Appropriations of the Senate
and the House of Representatives.
(c) The report described in subsection (b) shall include—
(1) the full project proposal submitted to and approved
by the Fund’s Technology Modernization Board;
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Deadlines.
Determination.
President.
Evaluation.
Notifications.
Threat
assessments.
Reports.
Project proposal.
Notifications.
Records.
Analysis.
Time period.
Reports.
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Contracts.
Analysis.
Repayment plan.
Deadline.
Budget.
Treaty
resolution.
Contracts.
Memorandums.
Grants.
Loans.
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PUBLIC LAW 117–328—DEC. 29, 2022
(2) the finalized interagency agreement between the
Department and the Fund including the project’s deliverables
and repayment terms, as applicable;
(3) a detailed analysis of how the project will supplement
or supplant existing funding available to the Department for
similar activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable; and
(5) other information as determined by the Secretary.
SEC. 537. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2024 that assumes
revenues or proposes a reduction from the previous year based
on user fees proposals that have not been enacted into law prior
to the submission of the budget, the Secretary of Homeland Security
shall provide the Committees on Appropriations of the Senate and
the House of Representatives specific reductions in proposed discretionary budget authority commensurate with the revenues assumed
in such proposals in the event that they are not enacted prior
to October 1, 2023.
SEC. 538. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 539. No Federal funds made available to the Department
of Homeland Security may be used to enter into a procurement
contract, memorandum of understanding, or cooperative agreement
with, or make a grant to, or provide a loan or guarantee to, any
entity identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283) or any subsidiary of such entity.
SEC. 540. Section 205 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5135) is amended—
(1) in subsection (d)—
(A) in paragraph (2)—
(i) by striking subparagraph (C);
(ii) at the end of subparagraph (A), by adding
‘‘and’’; and
(iii) at the end of subparagraph (B), by striking
‘‘; and’’ and inserting a period;
(B) in paragraph (3)(D), by striking ‘‘local governments,
insular areas, and Indian tribal governments’’ and inserting
‘‘local governments and Tribal governments’’; and
(C) by striking paragraph (4); and
(2) in subsection (m)—
(A) by striking paragraph (3) and inserting the following:
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
State or an Indian tribal government that has received a major
disaster declaration pursuant to section 401.’’;
(B) by striking paragraphs (5) and (10);
(C) by redesignating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively; and
(D) by redesignating paragraph (11) as paragraph (9).
SEC. 541. For an additional amount for ‘‘Federal Emergency
Management Agency—Federal Assistance’’, $3,000,000, to remain
available until September 30, 2024, for an Emergency Operations
Center grant under section 614 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196c), in addition
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PUBLIC LAW 117–328—DEC. 29, 2022
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. Subsection (c) of section 16005 of title VI of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116–136) shall be applied as if the language read as follows:
‘‘Subsection (a) shall apply until September 30, 2023.’’.
SEC. 544. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 545. (a) The Secretary of Homeland Security (in this
section referred to as the ‘‘Secretary’’) shall, on a bimonthly basis
beginning immediately after the date of enactment of this Act,
develop estimates of the number of noncitizens anticipated to arrive
at the southwest border of the United States.
(b) The Secretary shall ensure that, at a minimum, the estimates developed pursuant to subsection (a)—
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults, family units, and unaccompanied children;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting processes within the Department of Homeland Security; and
(5) are included in the budget materials submitted to Congress in support of the President’s annual budget request pursuant to section 1105 of title 31, United States Code, for each
fiscal year beginning after the date of enactment of this Act
and, for such budget materials shall include—
(A) the most recent bimonthly estimates developed
pursuant to subsection (a);
(B) a description and quantification of the estimates
used to justify funding requests for Department programs
related to border security, immigration enforcement, and
immigration services;
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Applicability.
6 USC 320 note.
Khalid Sheikh
Mohammed.
Detainees.
Cuba.
Time period.
Effective date.
Estimates.
Verification.
Review.
PUBL328
136 STAT. 4758
Deadline.
Expenditure
plan.
Updates.
Time period.
Applicability.
6 USC 124n note.
PUBLIC LAW 117–328—DEC. 29, 2022
(C) a description and quantification of the anticipated
workload and requirements resulting from such estimates;
and
(D) a confirmation as to whether the budget requests
for impacted agencies were developed using the same estimates.
(c) The Secretary shall share the bimonthly estimates developed
pursuant to subsection (a) with the Secretary of Health and Human
Services, the Attorney General, the Secretary of State, and the
Committees on Appropriations of the Senate and the House of
Representatives.
SEC. 546. (a) For an additional amount for the accounts, in
the amounts, and for the purposes specified, in addition to amounts
otherwise made available for such purposes—
(1) ‘‘U.S. Customs and Border Protection—Operations and
Support’’, $1,563,143,000 for border management requirements
of the U.S. Customs and Border Protection; and
(2) ‘‘U.S. Immigration and Customs Enforcement—Operations and Support’’, $339,658,000 for non-detention border
management requirements.
(b) None of the funds provided in subsection (a)(1) shall be
used—
(1) to hire permanent Federal employees;
(2) for any flight hours other than those flown by U.S.
Customs and Border Protection, Air and Marine Operations,
except for internal transportation of noncitizens; or
(3) to acquire, maintain, or extend border security technology and capabilities, except for technology and capabilities
to improve Border Patrol processing.
(c) Not later than 45 days after the date of enactment of
this Act, the Under Secretary for Management shall provide an
expenditure plan for the use of the funds made available in subsection (a).
(d) The plan required in subsection (c) shall be updated to
reflect changes and expenditures and submitted to the Committees
on Appropriations of the Senate and the House of Representatives
every 60 days until all funds are expended or expired.
SEC. 547. Section 210G(i) of the Homeland Security Act of
2002 (6 U.S.C. 124n(i)) shall be applied by substituting ‘‘September
30, 2023’’ for ‘‘the date that is 4 years after the date of enactment
of this section’’.
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(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).
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4759
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(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’’.
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PUBL328
136 STAT. 4760
Department of
the Interior,
Environment,
and Related
Agencies
Appropriations
Act, 2023.
PUBLIC LAW 117–328—DEC. 29, 2022
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF THE INTERIOR
BUREAU
OF
LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
Drilling permits.
Reduction.
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to section 1010(a) of Public
Law 96–487 (16 U.S.C. 3150(a)), $1,368,969,000, to remain available
until September 30, 2024; of which $76,187,000 for annual maintenance and deferred maintenance programs and $147,888,000 for
the wild horse and burro program, as authorized by Public Law
92–195 (16 U.S.C. 1331 et seq.), shall remain available until
expended: Provided, That amounts in the fee account of the BLM
Permit Processing Improvement Fund may be used for any bureaurelated expenses associated with the processing of oil and gas
applications for permits to drill and related use of authorizations:
Provided further, That of the amounts made available under this
heading, up to $3,500,000 may be made available for the purposes
described in section 122(e)(1)(A) of division G of Public Law 115–
21 (43 U.S.C. 1748c(e)(1)(A)): Provided further, That of the amounts
made available under this heading, $3,500,000 is for projects specified for Land Management Priorities in the table titled ‘‘Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items’’ included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
In addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining
claim fee program, to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that
are hereby authorized for fiscal year 2023, so as to result in a
final appropriation estimated at not more than $1,368,969,000,
and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost
of administering communication site activities.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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).
Transfer
authority.
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 BankheadJones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to processing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579 (43 U.S.C.
1701 et seq.), and under section 28 of the Mineral Leasing Act
(30 U.S.C. 185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)),
shall be available and may be expended under the authority of
this Act by the Secretary of the Interior to improve, protect, or
rehabilitate any public lands administered through the Bureau
of Land Management which have been damaged by the action
of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
43 USC 1735
note.
43 USC 1735
note.
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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.
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PUBL328
136 STAT. 4762
PUBLIC LAW 117–328—DEC. 29, 2022
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
Contracts.
Determination.
Reimbursements.
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements, and reimbursable agreements with public
and private entities, including with States. Appropriations for the
Bureau shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the discretion
of the Secretary, for information or evidence concerning violations
of laws administered by the Bureau; miscellaneous and emergency
expenses of enforcement activities authorized or approved by the
Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding Public
Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount
of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
UNITED STATES FISH
AND
WILDLIFE SERVICE
RESOURCE MANAGEMENT
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(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
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBL328
136 STAT. 4764
Apportionment.
District of
Columbia.
Territories.
Apportionment.
Adjustment.
Reapportionment.
PUBLIC LAW 117–328—DEC. 29, 2022
States, territories, and other jurisdictions and at the discretion
of affected States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting
$13,812,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District of
Columbia and to the Commonwealth of Puerto Rico, each a sum
equal to not more than one-half of 1 percent thereof; and (2)
to Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands, each a sum
equal to not more than one-fourth of 1 percent thereof: Provided
further, That the Secretary of the Interior shall apportion the
remaining amount in the following manner: (1) one-third of which
is based on the ratio to which the land area of such State bears
to the total land area of all such States; and (2) two-thirds of
which is based on the ratio to which the population of such State
bears to the total population of all such States: Provided further,
That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum
which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5
percent of such amount: Provided further, That the Federal share
of planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects may
not be derived from Federal grant programs: Provided further,
That any amount apportioned in 2023 to any State, territory, or
other jurisdiction that remains unobligated as of September 30,
2024, shall be reapportioned, together with funds appropriated in
2025, in the manner provided herein.
ADMINISTRATIVE PROVISIONS
Contracts.
Grants.
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Contracts.
Determination.
Donations.
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The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with
public and private entities. Appropriations and funds available to
the United States Fish and Wildlife Service shall be available
for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the
purchase of land at not to exceed one dollar for each option; facilities
incident to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection with
management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements authorized
by law, procure printing services from cooperators in connection
with jointly produced publications for which the cooperators share
at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4765
accept donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited
under the heading ‘‘United States Fish and Wildlife Service—
Resource Management’’ and shall be available to the Secretary,
without further appropriation, to be used for expenses of processing
of such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until expended:
Provided further, That the second proviso under the heading
‘‘United States Fish and Wildlife Service—Resource Management’’
in title I of division E of Public Law 112–74 (16 U.S.C. 742l–
1) is amended by striking ‘‘2012’’ and inserting ‘‘2023’’ and striking
‘‘$400,000’’ and inserting ‘‘$750,000’’.
Fees.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service and for the general administration of the National
Park Service, $2,923,424,000, of which $11,661,000 for planning
and interagency coordination in support of Everglades restoration
and $135,980,000 for maintenance, repair, or rehabilitation projects
for constructed assets and $188,184,000 for cyclic maintenance
projects for constructed assets and cultural resources and
$10,000,000 for uses authorized by section 101122 of title 54, United
States Code shall remain available until September 30, 2024: Provided, That funds appropriated under this heading in this Act
are available for the purposes of section 5 of Public Law 95–
348: Provided further, That notwithstanding section 9 of the 400
Years of African-American History Commission Act (36 U.S.C. note
prec. 101; Public Law 115–102), $3,300,000 of the funds provided
under this heading shall be made available for the purposes specified by that Act: Provided further, That sections (7)(b) and (8)
of that Act shall be amended by striking ‘‘July 1, 2023’’ and inserting
‘‘July 1, 2024’’.
In addition, for purposes described in section 2404 of Public
Law 116–9, an amount equal to the amount deposited in this
fiscal year into the National Park Medical Services Fund established
pursuant to such section of such Act, to remain available until
expended, shall be derived from such Fund.
36 USC note
prec. 101.
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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).
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136 STAT. 4766
PUBLIC LAW 117–328—DEC. 29, 2022
HISTORIC PRESERVATION FUND
Grants.
Approval.
Determination.
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $204,515,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2024, of which
$26,500,000 shall be for Save America’s Treasures grants for
preservation of nationally significant sites, structures and artifacts
as authorized by section 7303 of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 3089): Provided, That an individual
Save America’s Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to be
funded shall be approved by the Secretary of the Interior in consultation with the House and Senate Committees on Appropriations:
Provided further, That of the funds provided for the Historic
Preservation Fund, $1,250,000 is for competitive grants for the
survey and nomination of properties to the National Register of
Historic Places and as National Historic Landmarks associated
with communities currently under-represented, as determined by
the Secretary; $29,000,000 is for competitive grants to preserve
the sites and stories of the Civil Rights movement; $11,000,000
is for grants to Historically Black Colleges and Universities;
$12,500,000 is for competitive grants for the restoration of historic
properties of national, State, and local significance listed on or
eligible for inclusion on the National Register of Historic Places,
to be made without imposing the usage or direct grant restrictions
of section 101(e)(3) (54 U.S.C. 302904) of the National Historical
Preservation Act; $10,000,000 is for a competitive grant program
to honor the semiquincentennial anniversary of the United States
by restoring and preserving sites and structures listed on the
National Register of Historic Places that commemorate the founding
of the nation; and $29,115,000 is for projects specified for the
Historic Preservation Fund in the table titled ‘‘Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items’’ included for this division in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That
such competitive grants shall be made without imposing the
matching requirements in section 302902(b)(3) of title 54, United
States Code to States and Indian tribes as defined in chapter
3003 of such title, Native Hawaiian organizations, local governments, including Certified Local Governments, and non-profit
organizations.
CONSTRUCTION
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Contracts.
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For construction, improvements, repair, or replacement of physical facilities, and related equipment, and compliance and planning
for programs and areas administered by the National Park Service,
$239,803,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, for any project initially
funded in fiscal year 2023 with a future phase indicated in the
National Park Service 5–Year Line Item Construction Plan, a single
procurement may be issued which includes the full scope of the
project: Provided further, That the solicitation and contract shall
contain the clause availability of funds found at 48 CFR 52.232–
18: Provided further, That National Park Service Donations, Park
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Consultation.
CENTENNIAL CHALLENGE
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $15,000,000, to remain available until expended,
for Centennial Challenge projects and programs: Provided, That
not less than 50 percent of the total cost of each project or program
shall be derived from non-Federal sources in the form of donated
cash, assets, or a pledge of donation guaranteed by an irrevocable
letter of credit.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a subaccount 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.
Fees.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
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(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
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136 STAT. 4768
43 USC 50.
PUBLIC LAW 117–328—DEC. 29, 2022
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) and related purposes as
authorized by law; and to publish and disseminate data relative
to the foregoing activities; $1,497,178,000, to remain available until
September 30, 2024; of which $92,184,000 shall remain available
until expended for satellite operations; and of which $74,840,000
shall be available until expended for deferred maintenance and
capital improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, That no part of this appropriation shall be used to pay
more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation with States and municipalities: Provided further, That of the
amount appropriated under this heading, $2,130,000 shall be for
projects specified for Special Initiatives in the table titled ‘‘Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items’’ included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That amounts in the preceding proviso may be transferred
to the appropriate program, project, or activity under this heading
and shall continue to only be available for the purposes and in
such amounts as such funds were originally appropriated.
ADMINISTRATIVE PROVISIONS
Contracts.
Grants.
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Contracts.
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From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary shall
be available for contracting for the furnishing of topographic maps
and for the making of geophysical or other specialized surveys
when it is administratively determined that such procedures are
in the public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for gauging
stations, observation wells, and seismic equipment; expenses of
the United States National Committee for Geological Sciences; and
payment of compensation and expenses of persons employed by
the Survey duly appointed to represent the United States in the
negotiation and administration of interstate compacts: Provided,
That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey may
enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101, for the temporary or intermittent
services of students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to tort
claims, but shall not be considered to be Federal employees for
any other purposes.
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PUBLIC LAW 117–328—DEC. 29, 2022
BUREAU
OF
136 STAT. 4769
OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and gas,
other minerals, energy, and marine-related purposes on the Outer
Continental Shelf and approving operations related thereto, as
authorized by law; for environmental studies, as authorized by
law; for implementing other laws and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $219,960,000, of which $182,960,000 is to
remain available until September 30, 2024, and of which
$37,000,000 is to remain available until expended: Provided, That
this total appropriation shall be reduced by amounts collected by
the Secretary of the Interior and credited to this appropriation
from additions to receipts resulting from increases to lease rental
rates in effect on August 5, 1993, and from cost recovery fees
from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including
studies, assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein appropriated shall
be reduced as such collections are received during the fiscal year,
so as to result in a final fiscal year 2023 appropriation estimated
at not more than $182,960,000: Provided further, That not to exceed
$3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities.
BUREAU
OF
SAFETY
AND
Reduction.
Reduction.
ENVIRONMENTAL ENFORCEMENT
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OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
For expenses necessary for the regulation of operations related
to leases, easements, rights-of-way, and agreements for use for
oil and gas, other minerals, energy, and marine-related purposes
on the Outer Continental Shelf, as authorized by law; for enforcing
and implementing laws and regulations as authorized by law and
to the extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements, $175,886,000,
of which $153,886,000 is to remain available until September 30,
2024, and of which $22,000,000 is to remain available until
expended, including $3,000,000 for offshore decommissioning activities: Provided, That this total appropriation shall be reduced by
amounts collected by the Secretary of the Interior and credited
to this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau
of Safety and Environmental Enforcement pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further,
That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a
final fiscal year 2023 appropriation estimated at not more than
$156,886,000.
For an additional amount, $38,000,000, to remain available
until expended, to be reduced by amounts collected by the Secretary
and credited to this appropriation, which shall be derived from
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Reduction.
Reduction.
Reduction.
PUBL328
136 STAT. 4770
PUBLIC LAW 117–328—DEC. 29, 2022
non-refundable inspection fees collected in fiscal year 2023, as provided in this Act: Provided, That to the extent that amounts realized
from such inspection fees exceed $38,000,000, the amounts realized
in excess of $38,000,000 shall be credited to this appropriation
and remain available until expended: Provided further, That for
fiscal year 2023, not less than 50 percent of the inspection fees
expended by the Bureau of Safety and Environmental Enforcement
will be used to fund personnel and mission-related costs to expand
capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the review of applications for permits to drill.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016; title
IV, sections 4202 and 4303; title VII; and title VIII, section 8201
of the Oil Pollution Act of 1990, $15,099,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.
OFFICE
OF
SURFACE MINING RECLAMATION
AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law
95–87, $121,026,000, to remain available until September 30, 2024,
of which $65,000,000 shall be available for State and tribal regulatory grants: Provided, That appropriations for the Office of Surface
Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored
training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95–
87 (30 U.S.C. 1257), $40,000, to remain available until expended:
Provided, That fees assessed and collected by the Office pursuant
to such section 507 shall be credited to this account as discretionary
offsetting collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as collections are received during the fiscal year,
so as to result in a fiscal year 2023 appropriation estimated at
not more than $121,026,000.
30 USC 1211
note.
30 USC 1257
note.
Reduction.
ABANDONED MINE RECLAMATION FUND
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Debt collection.
Contracts.
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For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
$33,904,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97–365, the Department of
the Interior is authorized to use up to 20 percent from the recovery
of the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided further, That
funds made available under title IV of Public Law 95–87 may
be used for any required non-Federal share of the cost of projects
funded by the Federal Government for the purpose of environmental
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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
Allocations.
State and local
governments.
Native
Americans.
Deadline.
AFFAIRS
OPERATION OF INDIAN PROGRAMS
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(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
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136 STAT. 4772
Expiration date.
PUBLIC LAW 117–328—DEC. 29, 2022
allocations for unmet welfare assistance costs: Provided further,
That not to exceed $63,586,000 shall remain available until
expended for housing improvement, road maintenance, land acquisition, attorney fees, litigation support, land records improvement,
and the Navajo-Hopi Settlement Program: Provided further, That
of the amount appropriated under this heading, $4,240,000 shall
be for projects specified for Special Initiatives (CDS) in the table
titled ‘‘Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items’’
included for this division in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That any forestry funds allocated to a federally recognized tribe which remain unobligated as of September
30, 2024, may be transferred during fiscal year 2025 to an Indian
forest land assistance account established for the benefit of the
holder of the funds within the holder’s trust fund account: Provided
further, That any such unobligated balances not so transferred
shall expire on September 30, 2025: Provided further, That in
order to enhance the safety of Bureau field employees, the Bureau
may use funds to purchase uniforms or other identifying articles
of clothing for personnel: Provided further, That the Bureau of
Indian Affairs may accept transfers of funds from United States
Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the Bureau
of Indian Affairs as identified on the National Tribal Transportation
Facility Inventory, 23 U.S.C. 202(b)(1).
INDIAN LAND CONSOLIDATION
For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act
Amendments of 2000 (Public Law 106–462), and the American
Indian Probate Reform Act of 2004 (Public Law 108–374),
$8,000,000, to remain available until expended: Provided, That
any provision of the Indian Land Consolidation Act Amendments
of 2000 (Public Law 106–462) that requires or otherwise relates
to application of a lien shall not apply to the acquisitions funded
herein.
CONTRACT SUPPORT COSTS
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs
and the Bureau of Indian Education for fiscal year 2023, such
sums as may be necessary, which shall be available for obligation
through September 30, 2024: Provided, That notwithstanding any
other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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 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.
Reimbursement.
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
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OPERATION OF INDIAN EDUCATION PROGRAMS
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of
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136 STAT. 4774
PUBLIC LAW 117–328—DEC. 29, 2022
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
Deadline.
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the operation
of Indian education programs, including architectural and
engineering services by contract; acquisition of lands, and interests
in lands; $267,887,000 to remain available until expended: Provided,
That in order to ensure timely completion of construction projects,
the Secretary of the Interior may assume control of a project and
all funds related to the project, if, not later than 18 months after
the date of the enactment of this Act, any Public Law 100–297
(25 U.S.C. 2501, et seq.) grantee receiving funds appropriated in
this Act or in any prior Act, has not completed the planning and
design phase of the project and commenced construction.
ADMINISTRATIVE PROVISIONS
Contracts.
Grants.
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Contracts.
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The Bureau of Indian Affairs and the Bureau of Indian Education may carry out the operation of Indian programs by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, either directly or in cooperation with States and other
organizations.
Notwithstanding Public Law 87–279 (25 U.S.C. 15), the Bureau
of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the
San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs or the Bureau of Indian Education
for central office oversight and Executive Direction and Administrative Services (except Executive Direction and Administrative Services funding for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs or the Bureau of Indian Education under the
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4775
provisions of the Indian Self-Determination Act or the Tribal SelfGovernance 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-togovernment relationship between the United States and that tribe,
or that tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Education, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452 et
seq., shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the Secretary
of the Interior at each school in the Bureau of Indian Education
school system as of October 1, 1995, except that the Secretary
of the Interior may waive this prohibition to support expansion
of up to one additional grade when the Secretary determines such
waiver is needed to support accomplishment of the mission of the
Bureau of Indian Education, or more than one grade to expand
the elementary grade structure for Bureau-funded schools with
a K–2 grade structure on October 1, 1996. Appropriations made
available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau’s funding formula,
only to the schools in the Bureau school system as of September
1, 1996, and to any school or school program that was reinstated
in fiscal year 2012. Funds made available under this Act may
not be used to establish a charter school at a Bureau-funded school
(as that term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter school that
is in existence on the date of the enactment of this Act and that
has operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the charter
school pays to the Bureau a pro rata share of funds to reimburse
the Bureau for the use of the real and personal property (including
buses and vans), the funds of the charter school are kept separate
and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter
school’s operation and employees of a charter school shall not be
treated as Federal employees for purposes of chapter 171 of title
28, United States Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106–113, if in fiscal
year 2003 or 2004 a grantee received indirect and administrative
costs pursuant to a distribution formula based on section 5(f) of
Public Law 101–301, the Secretary shall continue to distribute
indirect and administrative cost funds to such grantee using the
section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language and
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Alaska.
Waiver authority.
Determination.
Charter schools.
Reimbursement.
Continuation.
Waiver authority.
Compliance.
PUBL328
136 STAT. 4776
Definition.
PUBLIC LAW 117–328—DEC. 29, 2022
cultural immersion educational programs for non-public schools
located within the jurisdictional area of the tribal government which
exclusively serve tribal members, do not include grades beyond
those currently served at the existing Bureau-funded school, provide
an educational environment with educator presence and academic
facilities comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety standards,
and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts
to students such as those caused by busing students extended
distances: Provided, That no funds available under this Act may
be used to fund operations, maintenance, rehabilitation, construction, or other facilities-related costs for such assets that are not
owned by the Bureau: Provided further, That the term ‘‘satellite
school’’ means a school location physically separated from the
existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education
Programs may be used to execute requested adjustments in tribal
priority allocations initiated by an Indian Tribe.
OFFICE
OF THE
SPECIAL TRUSTEE
FOR
AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Time period.
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Statement.
Records.
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For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $111,272,000, to remain available until expended, of which
not to exceed $17,867,000 from this or any other Act, may be
available for historical accounting: Provided, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs,
‘‘Operation of Indian Programs’’ and Bureau of Indian Education,
‘‘Operation of Indian Education Programs’’ accounts; the Office of
the Solicitor, ‘‘Salaries and Expenses’’ account; and the Office of
the Secretary, ‘‘Departmental Operations’’ account: Provided further,
That funds made available through contracts or grants obligated
during fiscal year 2023, as authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available
until expended by the contractor or grantee: Provided further, That
notwithstanding any other provision of law, the Secretary shall
not be required to provide a quarterly statement of performance
for any Indian trust account that has not had activity for at least
15 months and has a balance of $15 or less: Provided further,
That the Secretary shall issue an annual account statement and
maintain a record of any such accounts and shall permit the balance
in each such account to be withdrawn upon the express written
request of the account holder: Provided further, That not to exceed
$100,000 is available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits to
Individual Indian Money or Tribal accounts after September 30,
2002: Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for this
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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 American Indian
Trust Fund Management Reform Act of 1994 (Public Law 103–
412) or any other provision of law, the Secretary may aggregate
the trust accounts of individuals whose whereabouts are unknown
for a continuous period of at least 5 years and shall not be required
to generate periodic statements of performance for the individual
accounts: Provided further, That with respect to the preceding proviso, the Secretary shall continue to maintain sufficient records
to determine the balance of the individual accounts, including any
accrued interest and income, and such funds shall remain available
to the individual account holders.
Time period.
Records.
Determination.
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.
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ADMINISTRATIVE PROVISIONS
For fiscal year 2023, up to $400,000 of the payments authorized
by chapter 69 of title 31, United States Code, may be retained
for administrative expenses of the Payments in Lieu of Taxes Program: Provided, That the amounts provided under this Act specifically for the Payments in Lieu of Taxes program are the only
amounts available for payments authorized under chapter 69 of
title 31, United States Code: Provided further, That in the event
the sums appropriated for any fiscal year for payments pursuant
to this chapter are insufficient to make the full payments authorized
by that chapter to all units of local government, then the payment
to each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
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31 USC 6903
note.
PUBL328
136 STAT. 4778
PUBLIC LAW 117–328—DEC. 29, 2022
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
Audits.
48 USC 1469b.
Determination.
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108–188, $120,357,000,
of which: (1) $110,140,000 shall remain available until expended
for territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
and natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants
to the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands, as authorized
by law; grants to the Government of Guam, as authorized by law;
and grants to the Government of the Northern Mariana Islands,
as authorized by law (Public Law 94–241; 90 Stat. 272); and (2)
$10,217,000 shall be available until September 30, 2024, for salaries
and expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement
of the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public
Law 104–134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement
of capital infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the grantee’s
commitment to timely maintenance of its capital assets: Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used
as non–Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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 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
Guam.
Loans.
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
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(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
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PUBL328
136 STAT. 4780
Contracts.
Grants.
Guidance.
Reimbursement.
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Contracts.
Real property.
State and local
governments.
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PUBLIC LAW 117–328—DEC. 29, 2022
is for fuels management activities: Provided further, That of the
funds provided $20,470,000 is for burned area rehabilitation: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may
be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office
of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property,
may be credited to the appropriation from which funds were
expended to provide that protection, and are available without
fiscal year limitation: Provided further, That using the amounts
designated under this title of this Act, the Secretary of the Interior
may enter into procurement contracts, grants, or cooperative agreements, for fuels management activities, and for training and monitoring associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the
Secretary, for purposes of fuels management activities, may obtain
maximum practicable competition among: (1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109–154), or related partnerships
with State, local, or nonprofit youth groups; (3) small or microbusinesses; or (4) other entities that will hire or train locally a
significant percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That in
implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to consult and conference, as required by section 7 of such
Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate
amount not to exceed $50,000,000 between the Departments when
such transfers would facilitate and expedite wildland fire management programs and projects: Provided further, That funds provided
for wildfire suppression shall be available for support of Federal
emergency response actions: Provided further, That funds appropriated under this heading shall be available for assistance to
or through the Department of State in connection with forest and
rangeland research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That amounts may be transferred to the ‘‘Wildland Fire
Management’’ accounts in the Department of Agriculture or the
Department of the Interior only upon the notification of the House
and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and
prior appropriations Acts to the agency to which the funds will
be transferred will be obligated within 30 days: Provided further,
That the transfer authority provided under this heading is in addition to any other transfer authority provided by law: Provided
further, That, in determining whether all wildfire suppression operations funds appropriated under the heading ‘‘Wildland Fire
Management’’ in this and prior appropriations Acts to either the
Department of Agriculture or the Department of the Interior will
be obligated within 30 days pursuant to the preceding proviso,
any funds transferred or permitted to be transferred pursuant
to any other transfer authority provided by law shall be excluded.
Notification.
Deadline.
Determination.
Deadline.
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
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(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
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PUBL328
136 STAT. 4782
PUBLIC LAW 117–328—DEC. 29, 2022
349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended,
$5,000,000, to remain available until expended: Provided, That
such amount shall be in addition to amounts otherwise available
for such purposes: Provided further, That amounts appropriated
under this heading are available for program management and
oversight of these activities: Provided further, That the Secretary
may transfer the funds provided under this heading in this Act
to any other account in the Department to carry out such purposes,
and may expend such funds directly, or through grants: Provided
further, That these amounts are not available to fulfill Comprehensive Environmental Response, Compensation, and Liability Act (42
U.S.C. 9601 et seq.) obligations agreed to in settlement or imposed
by a court, whether for payment of funds or for work to be performed.
Grants.
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
Advance
approvals.
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Contracts.
State and local
governments.
Tribal
governments.
Grants.
Contracts.
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For the operation and maintenance of a departmental financial
and business management system, data management, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and operations
throughout the Department, $112,198,000, to remain available until
expended: Provided, That none of the funds appropriated in this
Act or any other Act may be used to establish reserves in the
Working Capital Fund account other than for accrued annual leave
and depreciation of equipment without prior approval of the
Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That the Secretary of the Interior
may assess reasonable charges to State, local, and tribal government
employees for training services provided by the National Indian
Program Training Center, other than training related to Public
Law 93–638: Provided further, That the Secretary may lease or
otherwise provide space and related facilities, equipment, or professional services of the National Indian Program Training Center
to State, local and tribal government employees or persons or
organizations engaged in cultural, educational, or recreational
activities (as defined in section 3306(a) of title 40, United States
Code) at the prevailing rate for similar space, facilities, equipment,
or services in the vicinity of the National Indian Program Training
Center: Provided further, That all funds received pursuant to the
two preceding provisos shall be credited to this account, shall be
available until expended, and shall be used by the Secretary for
necessary expenses of the National Indian Program Training
Center: Provided further, That the Secretary may enter into grants
and cooperative agreements to support the Office of Natural
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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,
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PUBL328
136 STAT. 4784
Reimbursement.
Determination.
Deadline.
Reimbursement.
PUBLIC LAW 117–328—DEC. 29, 2022
and control of actual or potential grasshopper and Mormon cricket
outbreaks on lands under the jurisdiction of the Secretary, pursuant
to the authority in section 417(b) of Public Law 106–224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section 410 of
Public Law 95–87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying
out the regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred during
the preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equipment
in connection with their use for wildland fire operations, with
such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That for
wildland fire operations, no funds shall be made available under
this authority until the Secretary determines that funds appropriated for ‘‘wildland fire suppression’’ shall be exhausted within
30 days: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which
must be requested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on a pro
rata basis, accounts from which emergency funds were transferred.
AUTHORIZED USE OF FUNDS
SEC. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by section 3109 of title 5, United States Code, when authorized
by the Secretary of the Interior, in total amount not to exceed
$500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance,
and operation of aircraft; hire of passenger motor vehicles; purchase
of reprints; payment for telephone service in private residences
in the field, when authorized under regulations approved by the
Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which
issue publications to members only or at a price to members lower
than to subscribers who are not members.
AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT
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Notification.
Deadline.
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SEC. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and
Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the
same headings shall be available for expenditure or transfer for
Indian trust management and reform activities. Total funding for
historical accounting activities shall not exceed amounts specifically
designated in this Act for such purpose. The Secretary shall notify
the House and Senate Committees on Appropriations within 60
days of the expenditure or transfer of any funds under this section,
including the amount expended or transferred and how the funds
will be used.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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. 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.
New York.
New Jersey.
Contracts.
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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 nonrig 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;
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136 STAT. 4786
Time period.
Deadlines.
PUBLIC LAW 117–328—DEC. 29, 2022
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of
billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the
inspection occurred, with payment required within 30 days of
billing. The Secretary shall bill designated operators under subsection (d) with payment required by the end of the following
quarter.
CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING
FACILITIES
16 USC 1336
note.
Time period.
SEC. 108. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with
the provisions of section 3903 of title 41, United States Code (except
that the 5-year term restriction in subsection (a) shall not apply),
for the long-term care and maintenance of excess wild free roaming
horses and burros by such organizations or entities on private
land. Such cooperative agreements and contracts may not exceed
10 years, subject to renewal at the discretion of the Secretary.
MASS MARKING OF SALMONIDS
SEC. 109. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking
of salmonid stocks, intended for harvest, that are released from
federally operated or federally financed hatcheries including but
not limited to fish releases of coho, chinook, and steelhead species.
Marked fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS
SEC. 110. Notwithstanding any other provision of law, during
fiscal year 2023, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at
the end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM
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Grants.
Contracts.
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SEC. 111. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter
into cooperative agreements with, private nonprofit organizations
designated by the Secretary of Labor under title V of the Older
Americans Act of 1965 to utilize the talents of older Americans
in programs authorized by other provisions of law administered
by the Secretary and consistent with such provisions of law.
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PUBLIC LAW 117–328—DEC. 29, 2022
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. 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.
Deadline.
SEPARATION OF ACCOUNTS
SEC. 113. The Secretary of the Interior, in order to implement
an orderly transition to separate accounts of the Bureau of Indian
Affairs and the Bureau of Indian Education, may transfer funds
among and between the successor offices and bureaus affected by
the reorganization only in conformance with the reprogramming
guidelines described in this Act.
PAYMENTS IN LIEU OF TAXES (PILT)
SEC. 114. Section 6906 of title 31, United States Code, shall
be applied by substituting ‘‘fiscal year 2023’’ for ‘‘fiscal year 2019’’.
Applicability.
31 USC 6906
note.
DISCLOSURE OF DEPARTURE OR ALTERNATE PROCEDURE APPROVAL
SEC. 115. (a) Subject to subsection (b), in any case in which
the Bureau of Safety and Environmental Enforcement or the Bureau
of Ocean Energy Management prescribes or approves any departure
or use of alternate procedure or equipment, in regards to a plan
or permit, under 30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142;
30 CFR 250.141; or 30 CFR 250.142, the head of such bureau
shall post a description of such departure or alternate procedure
or equipment use approval on such bureau’s publicly available
website not more than 15 business days after such issuance.
(b) The head of each bureau may exclude confidential business
information.
Web posting.
Public
information.
Deadline.
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LONG BRIDGE PROJECT
SEC. 116. (a) AUTHORIZATION OF CONVEYANCE.—On request
by the State of Virginia or the District of Columbia for the purpose
of the construction of rail and other infrastructure relating to the
Long Bridge Project, the Secretary of the Interior may convey
to the State or the District of Columbia, as applicable, all right,
title, and interest of the United States in and to any portion
of the approximately 4.4 acres of National Park Service land
depicted as ‘‘Permanent Impact to NPS Land’’ on the Map dated
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Virginia.
District of
Columbia.
PUBL328
136 STAT. 4788
PUBLIC LAW 117–328—DEC. 29, 2022
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
54 USC 320101
note.
54 USC 320101
note.
54 USC 320101
note.
54 USC 320101
note.
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54 USC 320101
note.
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SEC. 118. (a) Section 109(a) of the Quinebaug and Shetucket
Rivers Valley National Heritage Corridor Act of 1994 (title I of
Public Law 103–449), is amended by striking ‘‘$17,000,000’’ and
inserting ‘‘$19,000,000’’.
(b) Section 409(a) of the Steel Industry American Heritage
Area Act of 1996 (title IV of division II of Public Law 104–333)
is amended by striking ‘‘$20,000,000’’ and inserting ‘‘$22,000,000’’.
(c) Section 608(a) of the South Carolina National Heritage
Corridor Act of 1996 (title VI of division II of Public Law 104–
333) is amended by striking ‘‘$17,000,000’’ and inserting
‘‘$19,000,000’’.
(d) Subsection 157(h)(1) of the Wheeling National Heritage
Area Act of 2000 (section 157 of Public Law 106–291) is amended
by striking ‘‘$15,000,000’’ and inserting ‘‘$17,000,000’’.
(e) Sections 411, 432, and 451 of title IV of the Consolidated
Natural Resources Act of 2008 (Public Law 110–229), are each
amended by striking ‘‘the date that is 15 years after the date
of’’ and all that follows through the end of each section and inserting
‘‘September 30, 2024.’’.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4789
(f) Section 512 of the National Aviation Heritage Area Act
(title V of division J of Public Law 108–447), is amended by striking
‘‘2022’’ and inserting ‘‘2024’’.
(g) Section 608 of the Oil Region National Heritage Area Act
(title VI of Public Law 108–447) is amended by striking ‘‘2022’’
and inserting ‘‘2024’’.
(h) Section 125(a) of Public Law 98–398, as amended by section
402 of Public Law 109–338 (120 Stat. 1853), is amended by striking
‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’.
(i) Section 125(a) of Public Law 98–398 is amended by striking
‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’.
54 USC 320101
note.
54 USC 320101
note.
54 USC 320101
note.
120 Stat. 1853.
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).
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VISITOR EXPERIENCE IMPROVEMENT AUTHORITY
SEC. 123. Section 101938 of title 54, United States Code, is
amended by striking ‘‘7’’ and inserting ‘‘9’’.
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136 STAT. 4790
PUBLIC LAW 117–328—DEC. 29, 2022
DELAWARE WATER GAP AUTHORITY
Applicability.
SEC. 124. Section 4(b) of The Delaware Water Gap National
Recreation Area Improvement Act, as amended by section 1 of
Public Law 115–101, shall be applied by substituting ‘‘2023’’ for
‘‘2021’’.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE
AND
TECHNOLOGY
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980; necessary expenses for personnel and
related costs and travel expenses; procurement of laboratory equipment and supplies; hire, maintenance, and operation of aircraft;
and other operating expenses in support of research and development, $802,276,000, to remain available until September 30, 2024:
Provided, That of the funds included under this heading,
$30,751,000 shall be for Research: National Priorities as specified
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), of which $13,251,000
shall be for projects specified for Science and Technology in the
table titled ‘‘Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items’’
included for this division in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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 grants awarded using funds made
available in this paragraph may be used by a recipient to
supplement other funds provided by the Environmental Protection Agency through individual media or multi-media grants
or cooperative agreements: Provided further, That of the
amounts made available in this paragraph, in addition to
amounts otherwise available for such purposes, the Environmental Protection Agency may reserve up to $2,000,000 for
salaries, expenses, and administration.
In addition, $9,000,000, to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of
the Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided,
That fees collected pursuant to that section of that Act and deposited
in the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting receipts
in fiscal year 2023 shall be retained and used for necessary salaries
and expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in
this paragraph from the general fund for fiscal year 2023 shall
be reduced by the amount of discretionary offsetting receipts
received during fiscal year 2023, so as to result in a final fiscal
year 2023 appropriation from the general fund estimated at not
more than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $9,000,000, those amount in
excess of $9,000,000 shall be deposited in the ‘‘TSCA Service Fee
Fund’’ as discretionary offsetting receipts in fiscal year 2023, shall
be retained and used for necessary salaries and expenses in this
account, and shall remain available until expended: Provided further, That of the funds included in the first paragraph under this
heading, the Chemical Risk Review and Reduction program project
shall be allocated for this fiscal year, excluding the amount of
any fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
OFFICE
OF INSPECTOR
Grants.
Contracts.
Reduction.
Allocation.
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.
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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.
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136 STAT. 4792
PUBLIC LAW 117–328—DEC. 29, 2022
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
Allocations.
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42
U.S.C. 9611), and hire, maintenance, and operation of aircraft,
$1,282,700,000, to remain available until expended, consisting of
such sums as are available in the Trust Fund on September 30,
2022, and not otherwise appropriated from the Trust Fund, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,282,700,000 as
a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of SARA:
Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a)
of CERCLA: Provided further, That of the funds appropriated under
this heading, $11,800,000 shall be paid to the ‘‘Office of Inspector
General’’ appropriation to remain available until September 30,
2024, and $31,607,000 shall be paid to the ‘‘Science and Technology’’
appropriation to remain available until September 30, 2024.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid
Waste Disposal Act, $93,205,000, to remain available until
expended, of which $67,425,000 shall be for carrying out leaking
underground storage tank cleanup activities authorized by section
9003(h) of the Solid Waste Disposal Act; $25,780,000 shall be for
carrying out the other provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code: Provided,
That the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to federally
recognized Indian tribes for the development and implementation
of programs to manage underground storage tanks.
INLAND OIL SPILL PROGRAMS
For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,
including hire, maintenance, and operation of aircraft, $22,072,000,
to be derived from the Oil Spill Liability trust fund, to remain
available until expended.
STATE
AND
TRIBAL ASSISTANCE GRANTS
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(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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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:
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Territories.
District of
Columbia.
PUBL328
136 STAT. 4794
Oklahoma.
Determination.
Territories.
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Determination.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair,
or replacement of privately owned treatment works serving
one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2023, notwithstanding the provisions of such subsections (g)(1), (h), and
(l) of section 201 and section 518(c) of the Federal Water
Pollution Control Act, funds reserved by the Administrator
for grants under section 518(c) of the Federal Water Pollution
Control Act may also be used to provide assistance: (1) solely
for facility plans, design activities, or plans, specifications, and
estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement
of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided
further, That for fiscal year 2023, notwithstanding any provision
of the Federal Water Pollution Control Act and regulations
issued pursuant thereof, up to a total of $2,000,000 of the
funds reserved by the Administrator for grants under section
518(c) of such Act may also be used for grants for training,
technical assistance, and educational programs relating to the
operation and management of the treatment works specified
in section 518(c) of such Act: Provided further, That for fiscal
year 2023, funds reserved under section 518(c) of such Act
shall be available for grants only to Indian tribes, as defined
in section 518(h) of such Act and former Indian reservations
in Oklahoma (as determined by the Secretary of the Interior)
and Native Villages as defined in Public Law 92–203: Provided
further, That for fiscal year 2023, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution
Control Act, up to a total of 2 percent of the funds appropriated,
or $30,000,000, whichever is greater, and notwithstanding the
limitation on amounts in section 1452(i) of the Safe Drinking
Water Act, up to a total of 2 percent of the funds appropriated,
or $20,000,000, whichever is greater, for State Revolving Funds
under such Acts may be reserved by the Administrator for
grants under section 518(c) and section 1452(i) of such Acts:
Provided further, That for fiscal year 2023, notwithstanding
the amounts specified in section 205(c) of the Federal Water
Pollution Control Act, up to 1.5 percent of the aggregate funds
appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section
518(c) of the Act, may be reserved by the Administrator for
grants made under title II of the Federal Water Pollution
Control Act for American Samoa, Guam, the Commonwealth
of the Northern Marianas, and United States Virgin Islands:
Provided further, That for fiscal year 2023, notwithstanding
the limitations on amounts specified in section 1452(j) of the
Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs
under the Safe Drinking Water Act may be reserved by the
Administrator for grants made under section 1452(j) of the
Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State
for Clean Water State Revolving Fund capitalization grants
and 14 percent of the funds made available under this title
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PUBLIC LAW 117–328—DEC. 29, 2022
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 StatesMexico border shall be made available to a county or municipal
government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional colonia areas, or the development within an existing
colonia the construction of any new home, business, or other
structure which lacks water, wastewater, or other necessary
infrastructure;
(3) $39,686,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
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Alaska.
PUBL328
136 STAT. 4796
Allocations.
Definition.
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Oklahoma.
Determination.
Alaska.
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PUBLIC LAW 117–328—DEC. 29, 2022
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be
used for administrative and overhead expenses; and (C) the
State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency
and the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
(4) $100,000,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, That at least 10 percent shall be allocated for assistance
in persistent poverty counties: Provided further, That for purposes of this section, the term ‘‘persistent poverty counties’’
means any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured
by the 1993 Small Area Income and Poverty Estimates, the
2000 decennial census, and the most recent Small Area Income
and Poverty Estimates, or any territory or possession of the
United States;
(5) $100,000,000 shall be for grants under title VII, subtitle
G of the Energy Policy Act of 2005;
(6) $69,927,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act);
(7) $30,158,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act
(42 U.S.C. 300j–19a);
(8) $30,500,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j–24(d));
(9) $25,011,000 shall be for grants under section 1459B
of the Safe Drinking Water Act (42 U.S.C. 300j–19b);
(10) $7,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j–19a(l));
(11) $27,000,000 shall be for grants under section 104(b)(8)
of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(12) $50,000,000 shall be for grants under section 221
of the Federal Water Pollution Control Act (33 U.S.C. 1301);
(13) $6,000,000 shall be for grants under section 4304(b)
of the America’s Water Infrastructure Act of 2018 (Public Law
115–270);
(14) $6,500,000 shall be for carrying out section 302(a)
of the Save Our Seas 2.0 Act (33 U.S.C. 4283(a)), of which
not more than 2 percent shall be for administrative costs to
carry out such section: Provided, That notwithstanding section
302(a) of such Act, the Administrator may also provide grants
pursuant to such authority to intertribal consortia consistent
with the requirements in 40 CFR 35.504(a), to former Indian
reservations in Oklahoma (as determined by the Secretary of
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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
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Contracts.
PUBL328
136 STAT. 4798
PUBLIC LAW 117–328—DEC. 29, 2022
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
Loans.
Criteria.
Certification.
Compliance.
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VerDate Sep 11 2014
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For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $68,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available
to subsidize gross obligations for the principal amount of direct
loans, including capitalized interest, and total loan principal,
including capitalized interest, any part of which is to be guaranteed,
not to exceed $12,500,000,000: Provided further, That of the funds
made available under this heading, $5,000,000 shall be used solely
for the cost of direct loans and for the cost of guaranteed loans
for projects described in section 5026(9) of the Water Infrastructure
Finance and Innovation Act of 2014 to State infrastructure financing
authorities, as authorized by section 5033(e) of such Act: Provided
further, That the use of direct loans or loan guarantee authority
under this heading for direct loans or commitments to guarantee
loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189)
pursuant to the fourth proviso under the heading ‘‘Water Infrastructure Finance and Innovation Program Account’’ in division D of
the Further Consolidated Appropriations Act, 2020 (Public Law
116–94): Provided further, That none of the direct loans or loan
guarantee authority made available under this heading shall be
available for any project unless the Administrator and the Director
of the Office of Management and Budget have certified in advance
in writing that the direct loan or loan guarantee, as applicable,
and the project comply with the criteria referenced in the previous
proviso: Provided further, That, for the purposes of carrying out
the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Administrator shall
promptly provide, documentation and information relating to a
project identified in a Letter of Interest submitted to the Administrator pursuant to a Notice of Funding Availability for applications
for credit assistance under the Water Infrastructure Finance and
Innovation Act Program, including with respect to a project that
was initiated or completed before the date of enactment of this
Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation
Act of 2014 shall be deposited in this account, to remain available
until expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of
the Water Infrastructure Finance and Innovation Act of 2014,
$7,640,000, to remain available until September 30, 2024.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4799
ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION
AGENCY
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(INCLUDING TRANSFERS OF FUNDS)
For fiscal year 2023, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency’s function to implement directly Federal
environmental programs required or authorized by law in the
absence of an acceptable tribal program, may award cooperative
agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian
tribes required or authorized by law, except that no such cooperative
agreements may be awarded from funds designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136w–8), to remain available until
expended.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w–8(d)(2)),
the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w–8) for fiscal
year 2023.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with section
3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal
year 2023, to remain available until expended.
The Administrator is authorized to transfer up to $368,000,000
of the funds appropriated for the Great Lakes Restoration Initiative
under the heading ‘‘Environmental Programs and Management’’
to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support
the Great Lakes Restoration Initiative and Great Lakes Water
Quality Agreement programs, projects, or activities; to enter into
an interagency agreement with the head of such Federal department
or agency to carry out these activities; and to make grants to
governmental entities, nonprofit organizations, institutions, and
individuals for planning, research, monitoring, outreach, and
implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction, alteration,
repair, rehabilitation, and renovation of facilities, provided that
the cost does not exceed $300,000 per project.
For fiscal year 2023, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for
any fiscal year under section 319 of the Act to make grants to
Indian tribes pursuant to sections 319(h) and 518(e) of that Act.
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Contracts.
Native
Americans.
Fees.
Fees.
Fees.
Grants.
PUBL328
136 STAT. 4800
Grants.
Contracts.
PUBLIC LAW 117–328—DEC. 29, 2022
The Administrator is authorized to use the amounts appropriated under the heading ‘‘Environmental Programs and Management’’ for fiscal year 2023 to provide grants to implement the
Southeastern New England Watershed Restoration Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not less
than $2,500,000 of the funds made available under this title for
the National Estuary Program shall be for making competitive
awards described in section 320(g)(4).
For fiscal year 2023, the Office of Chemical Safety and Pollution
Prevention and the Office of Water may, using funds appropriated
under the headings ‘‘Environmental Programs and Management’’
and ‘‘Science and Technology’’, contract directly with individuals
or indirectly with institutions or nonprofit organizations, without
regard to 41 U.S.C. 5, for the temporary or intermittent personal
services of students or recent graduates, who shall be considered
employees for the purposes of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to tort
claims, but shall not be considered to be Federal employees for
any other purpose: Provided, That amounts used for this purpose
by the Office of Chemical Safety and Pollution Prevention and
the Office of Water collectively may not exceed $2,000,000.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND
ENVIRONMENT
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $1,000,000: Provided, That
funds made available by this Act to any agency in the Natural
Resources and Environment mission area for salaries and expenses
are available to fund up to one administrative support staff for
the office.
FOREST SERVICE
FOREST SERVICE OPERATIONS
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(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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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).
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NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $1,974,388,000, to remain available through September 30, 2026: Provided, That of the funds
provided, $32,000,000 shall be deposited in the Collaborative Forest
Landscape Restoration Fund for ecological restoration treatments
as authorized by 16 U.S.C. 7303(f): Provided further, That for the
funds provided in the preceding proviso, section 4003(d)(3)(A) of
the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7303(d)(3)(A)) shall be applied by substituting ‘‘20’’ for ‘‘10’’ and
section 4003(d)(3)(B) of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 7303(d)(3)(B)) shall be applied by substituting
‘‘4’’ for ‘‘2’’: Provided further, That of the funds provided, $40,000,000
shall be for forest products: Provided further, That of the funds
provided, $207,000,000 shall be for hazardous fuels management
activities, of which not to exceed $20,000,000 may be used to make
grants, using any authorities available to the Forest Service under
the ‘‘State and Private Forestry’’ appropriation, for the purpose
of creating incentives for increased use of biomass from National
Forest System lands: Provided further, That $20,000,000 may be
used by the Secretary of Agriculture to enter into procurement
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Applicability.
Determination.
PUBL328
136 STAT. 4802
Fees.
Advance
approval.
43 USC 1751
note.
PUBLIC LAW 117–328—DEC. 29, 2022
contracts or cooperative agreements or to issue grants for hazardous
fuels management activities, and for training or monitoring associated with such hazardous fuels management activities on Federal
land, or on non-Federal land if the Secretary determines such
activities benefit resources on Federal land: Provided further, That
funds made available to implement the Community Forest Restoration Act, Public Law 106–393, title VI, shall be available for use
on non-Federal lands in accordance with authorities made available
to the Forest Service under the ‘‘State and Private Forestry’’ appropriation: Provided further, That notwithstanding section 33 of the
Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary
of Agriculture, in calculating a fee for grazing on a National Grassland, may provide a credit of up to 50 percent of the calculated
fee to a Grazing Association or direct permittee for a conservation
practice approved by the Secretary in advance of the fiscal year
in which the cost of the conservation practice is incurred, and
that the amount credited shall remain available to the Grazing
Association or the direct permittee, as appropriate, in the fiscal
year in which the credit is made and each fiscal year thereafter
for use on the project for conservation practices approved by the
Secretary: Provided further, That funds appropriated to this account
shall be available for the base salary and expenses of employees
that carry out the functions funded by the ‘‘Capital Improvement
and Maintenance’’ account, the ‘‘Range Betterment Fund’’ account,
and the ‘‘Management of National Forest Lands for Subsistence
Uses’’ account.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, $158,048,000, to remain available through September
30, 2026, for construction, capital improvement, maintenance, and
acquisition of buildings and other facilities and infrastructure; and
for construction, reconstruction, and decommissioning of roads that
are no longer needed, including unauthorized roads that are not
part of the transportation system, and for maintenance of forest
roads and trails by the Forest Service as authorized by 16 U.S.C.
532–538 and 23 U.S.C. 101 and 205: Provided, That $6,000,000
shall be for activities authorized by 16 U.S.C. 538(a): Provided
further, That $5,048,000 shall be for projects specified for Construction Projects in the table titled ‘‘Interior and Environment Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That funds
becoming available in fiscal year 2023 under the Act of March
4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund
of the Treasury and shall not be available for transfer or obligation
for any other purpose unless the funds are appropriated.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency wildland fire
suppression on or adjacent to such lands or other lands under
fire protection agreement, and for emergency rehabilitation of
burned-over National Forest System lands and water, $945,956,000,
to remain available until expended: Provided, That such funds,
including unobligated balances under this heading, are available
for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That any
unobligated funds appropriated in a previous fiscal year for hazardous fuels management may be transferred to the ‘‘National
Forest System’’ account: Provided further, That such funds shall
be available to reimburse State and other cooperating entities for
services provided in response to wildfire and other emergencies
or disasters to the extent such reimbursements by the Forest Service
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Reimbursements.
PUBL328
136 STAT. 4804
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Notifications.
Deadline.
Determination.
Deadline.
In addition to the amounts provided under the heading ‘‘Department of Agriculture—Forest Service—Wildland Fire Management’’
for wildfire suppression operations, $2,210,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(g) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022: Provided, That such amounts may be transferred to and merged with
amounts made available under the headings ‘‘Department of the
Interior—Department-Wide Programs—Wildland Fire Management’’ and ‘‘Department of Agriculture—Forest Service—Wildland
Fire Management’’ for wildfire suppression operations in the fiscal
year in which such amounts are transferred: Provided further,
That amounts may be transferred to the ‘‘Wildland Fire Management’’ accounts in the Department of the Interior or the Department
of Agriculture only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition
to any other transfer authority provided by law: Provided further,
That, in determining whether all wildfire suppression operations
funds appropriated under the heading ‘‘Wildland Fire Management’’
in this and prior appropriations Acts to either the Department
of Agriculture or the Department of the Interior will be obligated
within 30 days pursuant to the preceding proviso, any funds transferred or permitted to be transferred pursuant to any other transfer
authority provided by law shall be excluded.
COMMUNICATIONS SITE ADMINISTRATION
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(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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4805
ADMINISTRATIVE PROVISIONS—FOREST SERVICE
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(INCLUDING TRANSFERS OF FUNDS)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and
hire of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000
for employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and
558a note); (6) the cost of uniforms as authorized by 5 U.S.C.
5901–5902; and (7) for debt collection contracts in accordance with
31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may
be transferred between accounts affected by the Forest Service
budget restructure outlined in section 435 of division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116–
94): Provided, That any transfer of funds pursuant to this paragraph
shall not increase or decrease the funds appropriated to any account
in this fiscal year by more than ten percent: Provided further,
That such transfer authority is in addition to any other transfer
authority provided by law.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary of Agriculture’s notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the
heading ‘‘Wildland Fire Management’’ will be obligated within 30
days: Provided, That all funds used pursuant to this paragraph
must be replenished by a supplemental appropriation which must
be requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels
management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and
projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary funds
appropriated to the Forest Service by this Act to or within the
National Forest System Account, or reprogram funds to be used
for the purposes of hazardous fuels management and urgent
rehabilitation of burned-over National Forest System lands and
water: Provided, That such transferred funds shall remain available
through September 30, 2026: Provided further, That none of the
funds transferred pursuant to this paragraph shall be available
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Notifications.
Deadline.
Notifications.
Advance
approvals.
PUBL328
136 STAT. 4806
Contracts.
Intergovernmental relations.
Contracts.
Wild horses and
burros.
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16 USC 556i.
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PUBLIC LAW 117–328—DEC. 29, 2022
for obligation without written notification to and the prior approval
of the Committees on Appropriations of both Houses of Congress.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and cooperation with United States government, private sector, and international organizations: Provided, That the Forest Service, acting
for the International Program, may sign direct funding agreements
with foreign governments and institutions as well as other domestic
agencies (including the U.S. Agency for International Development,
the Department of State, and the Millennium Challenge Corporation), United States private sector firms, institutions and organizations to provide technical assistance and training programs on
forestry and rangeland management: Provided further, That to
maximize effectiveness of domestic and international research and
cooperation, the International Program may utilize all authorities
related to forestry, research, and cooperative assistance regardless
of program designations.
Funds appropriated to the Forest Service shall be available
to enter into a cooperative agreement with the Section 509(a)(3)
Supporting Organization, ‘‘Forest Service International Foundation’’
to assist the Foundation in meeting administrative, project, and
other expenses, and may provide for the Foundation’s use of Forest
Service personnel and facilities.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the Interior,
Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System
lands, and for the performance of cadastral surveys to designate
the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b) of
the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106–224 (7 U.S.C. 7772), or section
10417(b) of Public Law 107–171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of funds
available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges: Provided, That nothing
in this paragraph shall prohibit or limit the use of reimbursable
agreements requested by the Forest Service in order to obtain
information technology services, including telecommunications and
system modifications or enhancements, from the Working Capital
Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the
Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.).
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
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 appropriated to the Forest Service under the National
Forest System heading shall be available for the Secretary of Agriculture to enter into cooperative agreements with other Federal
agencies, tribes, States, local governments, private and nonprofit
entities, and educational institutions to support the work of forest
or grassland collaboratives on activities benefitting Federal lands
and adjacent non-Federal lands, including for technical assistance,
administrative functions or costs, and other capacity support needs
identified by the Forest Service.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable
rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2)
of Public Law 99–663.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance
and decommissioning.
Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
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Contracts.
Native
Americans.
State and local
governments.
Nonprofits.
Rural and urban
areas.
PUBL328
136 STAT. 4808
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
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 the amounts made available within this account for
the Substance Abuse and Suicide Prevention Program, for Opioid
Prevention, Treatment and Recovery Services, for the Domestic
Violence Prevention Program, for the Zero Suicide Initiative, for
the housing subsidy authority for civilian employees, for Aftercare
Pilot Programs at Youth Regional Treatment Centers, for transformation and modernization costs of the Indian Health Service
Electronic Health Record system, for national quality and oversight
activities, to improve collections from public and private insurance
at Indian Health Service and tribally operated facilities, for an
initiative to treat or reduce the transmission of HIV and HCV,
for a maternal health initiative, for the Telebehaviorial Health
Center of Excellence, for Alzheimer’s grants, for Village Built
Clinics, for a produce prescription pilot, and for accreditation emergencies shall be allocated at the discretion of the Director of the
Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used
for annual contracts and grants that fall within 2 fiscal years,
provided the total obligation is recorded in the year the funds
are appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the authority
of title IV of the Indian Health Care Improvement Act (25 U.S.C.
1613) shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act, except
for those related to the planning, design, or construction of new
facilities: Provided further, That funding contained herein for scholarship programs under the Indian Health Care Improvement Act
(25 U.S.C. 1613) shall remain available until expended: Provided
further, That amounts received by tribes and tribal organizations
under title IV of the Indian Health Care Improvement Act shall
be reported and accounted for and available to the receiving tribes
and tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health
Service, and from tribes and tribal organizations operating health
facilities pursuant to Public Law 93–638, such individually identifiable health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under the
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Allocations.
Contracts.
Grants.
Time period.
Records.
Reports.
PUBL328
136 STAT. 4810
Consultation.
Time period.
PUBLIC LAW 117–328—DEC. 29, 2022
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.):
Provided further, That none of the funds provided that become
available on October 1, 2023, may be used for implementation
of the Electronic Health Record System or the Indian Health Care
Improvement Fund: Provided further, That of the funds provided,
$74,138,000 is for the Indian Health Care Improvement Fund and
may be used, as needed, to carry out activities typically funded
under the Indian Health Facilities account: Provided further, That
none of the funds appropriated by this Act, or any other Act,
to the Indian Health Service for the Electronic Health Record
system shall be available for obligation or expenditure for the
selection or implementation of a new Information Technology infrastructure system, unless the Committees on Appropriations of the
House of Representatives and the Senate are consulted 90 days
in advance of such obligation.
Of the unobligated balances under the heading ‘‘Indian Health
Services’’ from amounts made available in title III of division G
of Public Law 117–103 for the fiscal year 2022 costs of staffing
and operating new facilities, $29,388,000 are hereby rescinded.
CONTRACT SUPPORT COSTS
Applicability.
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service
for fiscal year 2023, such sums as may be necessary: Provided,
That notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account: Provided further, That amounts obligated
but not expended by a tribe or tribal organization for contract
support costs for such agreements for the current fiscal year shall
be applied to contract support costs due for such agreements for
subsequent fiscal years.
PAYMENTS FOR TRIBAL LEASES
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2023,
such sums as may be necessary, which shall be available for obligation through September 30, 2024: Provided, That notwithstanding
any other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
at rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation, and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary of Health and
Human Services; uniforms, or allowances therefor as authorized
by 5 U.S.C. 5901–5902; and for expenses of attendance at meetings
that relate to the functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may be
extended health care at all tribally administered or Indian Health
Service facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651–2653) shall be credited to the account of the facility
providing the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other law
or regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86–121, the Indian Sanitation
Facilities Act and Public Law 93–638: Provided further, That funds
appropriated to the Indian Health Service in this Act, except those
used for administrative and program direction purposes, shall not
be subject to limitations directed at curtailing Federal travel and
transportation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used
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Assessments.
PUBL328
136 STAT. 4812
Regulations.
Budget request.
Reimbursements.
Reimbursements.
Notifications.
PUBLIC LAW 117–328—DEC. 29, 2022
for any assessments or charges by the Department of Health and
Human Services unless identified in the budget justification and
provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process: Provided further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized
by title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated
and reobligated to a self-determination contract under title I, or
a self-governance agreement under title V of such Act and thereafter
shall remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the funds
made available to the Indian Health Service in this Act shall
be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service
has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That with respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those entities
on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom,
along with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until
expended: Provided further, That reimbursements for training, technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and overhead costs associated with the provision of goods, services, or technical assistance: Provided further, That the Indian Health Service
may provide to civilian medical personnel serving in hospitals operated by the Indian Health Service housing allowances equivalent
to those that would be provided to members of the Commissioned
Corps of the United States Public Health Service serving in similar
positions at such hospitals: Provided further, That the appropriation
structure for the Indian Health Service may not be altered without
advance notification to the House and Senate Committees on Appropriations.
NATIONAL INSTITUTES
OF
HEALTH
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
AGENCY
FOR
TOXIC SUBSTANCES
AND
136 STAT. 4813
DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set forth
in sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and
section 3019 of the Solid Waste Disposal Act, $85,020,000: Provided,
That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA,
the Administrator of ATSDR may conduct other appropriate health
studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided further, That
in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound
by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the funds appropriated under this heading shall
be available for ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2023,
and existing profiles may be updated as necessary.
Studies.
Evaluations.
OTHER RELATED AGENCIES
EXECUTIVE OFFICE
OF THE
PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official
reception and representation expenses, $4,676,000: Provided, That
notwithstanding section 202 of the National Environmental Policy
Act of 1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and duties
of the Council.
CHEMICAL SAFETY
AND
Appointment.
HAZARD INVESTIGATION BOARD
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SALARIES AND EXPENSES
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to
the maximum rate payable for senior level positions under 5 U.S.C.
5376, $14,400,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
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Career positions.
5 USC 415 note.
PUBL328
136 STAT. 4814
5 USC 415 note.
PUBLIC LAW 117–328—DEC. 29, 2022
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General
of the Board shall utilize personnel of the Office of Inspector General
of EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions within
the Board.
OFFICE
OF
NAVAJO
AND
HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $3,060,000, to
remain available until expended, which shall be derived from unobligated balances from prior year appropriations available under this
heading: Provided, That funds provided in this or any other appropriations Act are to be used to relocate eligible individuals and
groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any
other Act may be used by the Office of Navajo and Hopi Indian
Relocation to evict any single Navajo or Navajo family who, as
of November 30, 1985, was physically domiciled on the lands partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee
will be provided with more than one new or replacement home:
Provided further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite
on the Navajo reservation or selected a replacement residence off
the Navajo reservation or on the land acquired pursuant to section
11 of Public Law 93–531 (88 Stat. 1716).
INSTITUTE
OF
AMERICAN INDIAN AND ALASKA NATIVE CULTURE
ARTS DEVELOPMENT
AND
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
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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,
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That funds appropriated herein
are available for advance payments to independent contractors performing research services or participating in official Smithsonian
presentations: Provided further, That the Smithsonian Institution
may expend Federal appropriations designated in this Act for lease
or rent payments, as rent payable to the Smithsonian Institution,
and such rent payments may be deposited into the general trust
funds of the Institution to be available as trust funds for expenses
associated with the purchase of a portion of the building at 600
Maryland Avenue, SW, Washington, DC, to the extent that federally
supported activities will be housed there: Provided further, That
the use of such amounts in the general trust funds of the Institution
for such purpose shall not be construed as Federal debt service
for, a Federal guarantee of, a transfer of risk to, or an obligation
of the Federal Government: Provided further, That no appropriated
funds may be used directly to service debt which is incurred to
finance the costs of acquiring a portion of the building at 600
Maryland Avenue, SW, Washington, DC, or of planning, designing,
and constructing improvements to such building: Provided further,
That any agreement entered into by the Smithsonian Institution
for the sale of its ownership interest, or any portion thereof, in
such building so acquired may not take effect until the expiration
of a 30 day period which begins on the date on which the Secretary
of the Smithsonian submits to the Committees on Appropriations
of the House of Representatives and Senate, the Committees on
House Administration and Transportation and Infrastructure of
the House of Representatives, and the Committee on Rules and
Administration of the Senate a report, as outlined in the explanatory statement described in section 4 of the Further Consolidated
Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2536) on
the intended sale.
Advance
payments.
District of
Columbia.
District of
Columbia.
Contracts.
Effective date.
Time period.
Reports.
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
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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
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PUBL328
136 STAT. 4816
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Contracts.
For necessary expenses of repair, restoration, and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, for operating
lease agreements of no more than 10 years, that address space
needs created by the ongoing renovations in the Master Facilities
Plan, as authorized, $39,000,000, to remain available until
expended: Provided, That of this amount, $27,208,000 shall be
available for design and construction of an off-site art storage
facility in partnership with the Smithsonian Institution and may
be transferred to the Smithsonian Institution for such purposes:
Provided further, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of
buildings of the National Gallery of Art may be negotiated with
selected contractors and awarded on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER
FOR THE
PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance, and
security of the John F. Kennedy Center for the Performing Arts,
$27,640,000, to remain available until September, 30, 2024.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
WOODROW WILSON INTERNATIONAL CENTER
FOR
136 STAT. 4817
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
NATIONAL ENDOWMENT
AND THE
FOR THE
HUMANITIES
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.
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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
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PUBL328
136 STAT. 4818
PUBLIC LAW 117–328—DEC. 29, 2022
grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council on
the Arts to the Chairperson.
COMMISSION
OF
FINE ARTS
SALARIES AND EXPENSES
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $3,661,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission
is authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design
of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study, or
education: Provided further, That one-tenth of one percent of the
funds provided under this heading may be used for official reception
and representation expenses.
Fees.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
Applicability.
20 USC 956a
note.
Determination.
Time periods.
20 USC 956a
note.
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956a), $5,000,000: Provided, That the item relating to
‘‘National Capital Arts and Cultural Affairs’’ in the Department
of the Interior and Related Agencies Appropriations Act, 1986,
as enacted into law by section 101(d) of Public Law 99–190 (20
U.S.C. 956a), shall be applied in fiscal year 2023 in the second
paragraph by inserting ‘‘, calendar year 2020 excluded’’ before the
first period: Provided further, That in determining an eligible
organization’s annual income for calendar years 2021, 2022, and
2023, funds or grants received by the eligible organization from
any supplemental appropriations Act related to coronavirus or any
other law providing appropriations for the purpose of preventing,
preparing for, or responding to coronavirus shall be counted as
part of the eligible organization’s annual income.
ADVISORY COUNCIL
ON
HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665), $8,585,000.
NATIONAL CAPITAL PLANNING COMMISSION
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That
such section is amended by striking ‘‘$150,000,000’’ and inserting
‘‘$250,000,000’’.
16 USC 460bb
note.
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.
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ALYCE SPOTTED BEAR
AND WALTER SOBOLEFF COMMISSION
NATIVE CHILDREN
ON
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,
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PUBL328
136 STAT. 4820
PUBLIC LAW 117–328—DEC. 29, 2022
contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
RESTRICTION ON USE OF FUNDS
SEC. 401. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which Congressional
action is not complete other than to communicate to Members
of Congress as described in 18 U.S.C. 1913.
OBLIGATION OF APPROPRIATIONS
SEC. 402. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
DISCLOSURE OF ADMINISTRATIVE EXPENSES
SEC. 403. The amount and basis of estimated overhead charges,
deductions, reserves, or holdbacks, including working capital fund
charges, from programs, projects, activities and subactivities to
support government-wide, departmental, agency, or bureau
administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject
to approval by the Committees on Appropriations of the House
of Representatives and the Senate. Changes to such estimates shall
be presented to the Committees on Appropriations for approval.
Estimates.
Approvals.
MINING APPLICATIONS
Patents and
trademarks.
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Determination.
Claims.
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SEC. 404. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process applications for a
patent for any mining or mill site claim located under the general
mining laws.
(b) EXCEPTIONS.—Subsection (a) shall not apply if the Secretary
of the Interior determines that, for the claim concerned: (1) a
patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims, sections 2329, 2330, 2331, and 2333 of
the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims,
and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by the
applicant by that date.
(c) REPORT.—On September 30, 2024, the Secretary of the
Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House
and the Committee on Energy and Natural Resources of the Senate
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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. 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.
Continuation.
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 selfgovernance contracts, grants, compacts, or annual funding agreements for fiscal year 2023 with the Bureau of Indian Affairs,
Bureau of Indian Education, and the Indian Health Service: Provided, That such amounts provided by this Act are not available
for payment of claims for contract support costs for prior years,
or for repayments of payments for settlements or judgments
awarding contract support costs for prior years.
FOREST MANAGEMENT PLANS
SEC. 407. The Secretary of Agriculture shall not be considered
to be in violation of section 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision
of the plan for a unit of the National Forest System. Nothing
in this section exempts the Secretary from any other requirement
of the Forest and Rangeland Renewable Resources Planning Act
(16 U.S.C. 1600 et seq.) or any other law: Provided, That if the
Secretary is not acting expeditiously and in good faith, within
the funding available, to revise a plan for a unit of the National
Forest System, this section shall be void with respect to such
plan and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.
16 USC 1604
note.
Courts.
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PROHIBITION WITHIN NATIONAL MONUMENTS
SEC. 408. No funds provided in this Act may be expended
to conduct preleasing, leasing and related activities under either
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PUBL328
136 STAT. 4822
PUBLIC LAW 117–328—DEC. 29, 2022
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
LIMITATION ON TAKINGS
SEC. 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in
lands may be expended for the filing of declarations of taking
or complaints in condemnation without the approval of the House
and Senate Committees on Appropriations: Provided, That this
provision shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of 1989,
or to funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
Approvals.
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
Public
information.
Web posting.
Determination.
Time period.
SEC. 411. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
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NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES
SEC. 412. Of the funds provided to the National Endowment
for the Arts—
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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) 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.
Procedures.
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NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES
SEC. 413. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the
Chairperson of the National Endowment for the Arts shall ensure
that priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs that
serve underserved populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a population
of individuals, including urban minorities, who have historically
been outside the purview of arts and humanities programs
due to factors such as a high incidence of income below the
poverty line or to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to
a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance for
projects, productions, workshops, or programs that will encourage
public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
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Definitions.
Grants.
Reports.
PUBL328
136 STAT. 4824
PUBLIC LAW 117–328—DEC. 29, 2022
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
STATUS OF BALANCES OF APPROPRIATIONS
SEC. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health
Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the status
of balances of appropriations including all uncommitted, committed,
and unobligated funds in each program and activity within 60
days of enactment of this Act.
Reports.
EXTENSION OF GRAZING PERMITS
SEC. 415. The terms and conditions of section 325 of Public
Law 108–108 (117 Stat. 1307), regarding grazing permits issued
by the Forest Service on any lands not subject to administration
under section 402 of the Federal Lands Policy and Management
Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2023.
FUNDING PROHIBITION
SEC. 416. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
Pornography.
HUMANE TRANSFER AND TREATMENT OF ANIMALS
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Wild horses and
burros.
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SEC. 417. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by
the Bureau of Land Management, or the Secretary of Agriculture,
with respect to land administered by the Forest Service (referred
to in this section as the ‘‘Secretary concerned’’), may transfer excess
wild horses and burros that have been removed from land administered by the Secretary concerned to other Federal, State, and local
government agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or
local government agency.
(c) An excess wild horse or burro transferred under subsection
(a) shall lose status as a wild free-roaming horse or burro (as
defined in section 2 of Public Law 92–195 (commonly known as
the ‘‘Wild Free-Roaming Horses and Burros Act’’) (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall not—
(1) destroy the horse or burro in a manner that results
in the destruction of the horse or burro into a commercial
product;
(2) sell or otherwise transfer the horse or burro in a manner
that results in the destruction of the horse or burro for processing into a commercial product; or
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PUBLIC LAW 117–328—DEC. 29, 2022
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. 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’’.
Applicability.
16 USC 580d
note.
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USE OF AMERICAN IRON AND STEEL
SEC. 419. (a)(1) None of the funds made available by a State
water pollution control revolving fund as authorized by section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall
be used for a project for the construction, alteration, maintenance,
or repair of a public water system or treatment works unless
all of the iron and steel products used in the project are produced
in the United States.
(2) In this section, the term ‘‘iron and steel’’ products means
the following products made primarily of iron or steel: lined or
unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental Protection
Agency (in this section referred to as the ‘‘Administrator’’) finds
that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under
this section, the Administrator shall make available to the public
on an informal basis a copy of the request and information available
to the Administrator concerning the request, and shall allow for
informal public input on the request for at least 15 days prior
to making a finding based on the request. The Administrator shall
make the request and accompanying information available by electronic means, including on the official public Internet Web site
of the Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
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Definition.
Waiver request.
Public
information.
Records.
Time period.
Web posting.
Applicability.
PUBL328
136 STAT. 4826
PUBLIC LAW 117–328—DEC. 29, 2022
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking Water
State Revolving Funds for carrying out the provisions described
in subsection (a)(1) for management and oversight of the requirements of this section.
LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANSFERS OF
EXCESS EQUIPMENT AND SUPPLIES FOR WILDFIRES
SEC. 420. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training
and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or
section 521 of title 40, United States Code, the Secretary is further
authorized to transfer title to excess Department of the Interior
firefighting equipment no longer needed to carry out the functions
of the Department’s wildland fire management program to such
organizations.
Grants.
RECREATION FEES
SEC. 421. Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting ‘‘October
1, 2024’’ for ‘‘September 30, 2019’’.
Applicability.
16 USC 6809
note.
REPROGRAMMING GUIDELINES
SEC. 422. None of the funds made available in this Act, in
this and prior fiscal years, may be reprogrammed without the
advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
Advance
approvals.
LOCAL CONTRACTORS
Applicability.
16 USC 565a–1
note.
SEC. 423. Section 412 of division E of Public Law 112–74
shall be applied by substituting ‘‘fiscal year 2023’’ for ‘‘fiscal year
2019’’.
SHASTA-TRINITY MARINA FEE AUTHORITY AUTHORIZATION EXTENSION
SEC. 424. Section 422 of division F of Public Law 110–161
(121 Stat 1844), as amended, shall be applied by substituting ‘‘fiscal
year 2023’’ for ‘‘fiscal year 2019’’.
Applicability.
INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION
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’’.
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PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION
Applicability.
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SEC. 426. The authority provided by the 19th unnumbered
paragraph under heading ‘‘Administrative Provisions, Forest
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PUBLIC LAW 117–328—DEC. 29, 2022
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. 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’’.
Applicability.
16 USC 528 note.
CHACO CANYON
SEC. 428. None of the funds made available by this Act may
be used to accept a nomination for oil and gas leasing under
43 CFR 3120.3 et seq., or to offer for oil and gas leasing, any
Federal lands within the withdrawal area identified on the map
of the Chaco Culture National Historical Park prepared by the
Bureau of Land Management and dated April 2, 2019, prior to
the completion of the cultural resources investigation identified
in the explanatory statement described in section 4 in the matter
preceding division A of the Consolidated Appropriations Act, 2021
(Public Law 116–260).
TRIBAL LEASES
SEC. 429. (a) Notwithstanding any other provision of law, in
the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)), the
initial lease term shall commence no earlier than the date of receipt
of the lease proposal.
(b) The Secretaries of the Interior and Health and Human
Services shall, jointly or separately, during fiscal year 2023 consult
with tribes and tribal organizations through public solicitation and
other means regarding the requirements for leases under section
105(l) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5324(l)) on how to implement a consistent and
transparent process for the payment of such leases.
Effective date.
Consultation.
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND
SEC. 430. The authority provided under the heading ‘‘Forest
Ecosystem Health and Recovery Fund’’ in title I of Public Law
111–88, as amended by section 117 of division F of Public Law
113–235, shall be applied by substituting ‘‘fiscal year 2023’’ for
‘‘fiscal year 2020’’ each place it appears.
Applicability.
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ALLOCATION OF PROJECTS, NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND AND LAND AND WATER CONSERVATION
FUND
SEC. 431. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts made available
from the National Parks and Public Land Legacy Restoration Fund
for fiscal year 2023 pursuant to subsection (c) of section 200402
of title 54, United States Code, and as provided in subsection
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Deadlines.
54 USC 200303
note.
PUBL328
136 STAT. 4828
Reallocation.
Requirements.
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Notifications.
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PUBLIC LAW 117–328—DEC. 29, 2022
(e) of such section of such title, to the agencies of the Department
of the Interior and the Department of Agriculture specified, in
the amounts specified, for the stations and unit names specified,
and for the projects and activities specified in the table titled
‘‘Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2023’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary
of the Interior and the Secretary of Agriculture, as appropriate,
shall allocate amounts made available for expenditure from the
Land and Water Conservation Fund for fiscal year 2023 pursuant
to subsection (a) of section 200303 of title 54, United States Code,
to the agencies and accounts specified, in the amounts specified,
and for the projects and activities specified in the table titled
‘‘Allocation of Funds: Land and Water Conservation Fund Fiscal
Year 2023’’ in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(b) Except as otherwise provided by subsection (c) of this section, neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or
subsection (a) of section 200303 of title 54, United States Code,
other than in amounts and for projects and activities that are
allocated by subsections (a)(1) and (a)(2) of this section: Provided,
That in any fiscal year, the matter preceding this proviso shall
not apply to the allocation of amounts for continuing administration
of programs allocated funds from the National Parks and Public
Land Legacy Restoration Fund or the Land and Water Conservation
Fund, which may be allocated only in amounts that are no more
than the allocation for such purposes in subsections (a)(1) and
(a)(2) of this section.
(c) The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agency’s ‘‘Contingency
Fund’’ line in the table titled ‘‘Allocation of Funds: National Parks
and Public Land Legacy Restoration Fund Fiscal Year 2023’’ to
any project funded by the National Parks and Public Land Legacy
Restoration Fund within the same agency, from any fiscal year,
that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following requirements:
(1) ‘‘Contingency Fund’’ amounts may only be reallocated
if there is a risk to project completion resulting from unforeseen
cost overruns;
(2) ‘‘Contingency Fund’’ amounts may only be reallocated
for cost of adjustments and changes within the original scope
of effort for projects funded by the National Parks and Public
Land Legacy Restoration Fund; and
(3) The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees
on Appropriations 30 days before taking any actions authorized
by this subsection if the amount reallocated from the ‘‘Contingency Fund’’ line for a project is projected to be 10 percent
or greater than the following, as applicable:
(A) The amount allocated to that project in the table
titled ‘‘Allocation of Funds: National Parks and Public Land
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PUBLIC LAW 117–328—DEC. 29, 2022
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) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior and
the Secretary of Agriculture shall each submit to the Committees
on Appropriations of the House of Representatives and the Senate
project data sheets for the projects in the ‘‘Submission of Annual
List of Projects to Congress’’ required by section 200402(h) of title
54, United States Code: Provided, That the ‘‘Submission of Annual
List of Projects to Congress’’ must include a ‘‘Contingency Fund’’
line for each agency within the allocations defined in subsection
(e) of section 200402 of title 54, United States Code: Provided
further, That in the event amounts allocated by this Act or any
prior Act for the National Parks and Public Land Legacy Restoration Fund are no longer needed to complete a specified project,
such amounts may be reallocated in such submission to that
agency’s ‘‘Contingency Fund’’ line: Provided further, That any proposals to change the scope of or terminate a previously approved
project must be clearly identified in such submission.
(2)(A) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior and
the Secretary of Agriculture shall each submit to the Committees
on Appropriations of the House of Representatives and the Senate
a list of supplementary allocations for Federal land acquisition
and Forest Legacy Projects at the National Park Service, the U.S.
Fish and Wildlife Service, the Bureau of Land Management, and
the U.S. Forest Service that are in addition to the ‘‘Submission
of Cost Estimates’’ required by section 200303(c)(1) of title 54,
United States Code, that are prioritized and detailed by account,
program, and project, and that total no less than half the full
amount allocated to each account for that land management Agency
under the allocations submitted under section 200303(c)(1) of title
54, United States Code: Provided, That in the event amounts allocated by this Act or any prior Act pursuant to subsection (a)
of section 200303 of title 54, United States Code are no longer
needed because a project has been completed or can no longer
be executed, such amounts must be clearly identified if proposed
for reallocation in the annual budget submission.
(B) The Federal land acquisition and Forest Legacy projects
in the ‘‘Submission of Cost Estimates’’ required by section
200303(c)(1) of title 54, United States Code, and on the list of
supplementary allocations required by subparagraph (A) shall be
comprised only of projects for which a willing seller has been
identified and for which an appraisal or market research has been
initiated.
(C) Concurrent with the annual budget submission of the President for fiscal year 2024, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate
project data sheets in the same format and containing the same
level of detailed information that is found on such sheets in the
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Data sheets.
Lists.
PUBL328
136 STAT. 4830
Reports.
PUBLIC LAW 117–328—DEC. 29, 2022
Budget Justifications annually submitted by the Department of
the Interior with the President’s Budget for the projects in the
‘‘Submission of Cost Estimates’’ required by section 200303(c)(1)
of title 54, United States Code, and in the same format and containing the same level of detailed information that is found on
such sheets submitted to the Committees pursuant to section 427
of division D of the Further Consolidated Appropriations Act, 2020
(Public Law 116–94) for the list of supplementary allocations
required by subparagraph (A).
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the status
of balances of projects and activities funded by the National Parks
and Public Land Legacy Restoration Fund for amounts allocated
pursuant to subsection (a)(1) of this section and the status of
balances of projects and activities funded by the Land and Water
Conservation Fund for amounts allocated pursuant to subsection
(a)(2) of this section, including all uncommitted, committed, and
unobligated funds, and, for amounts allocated pursuant to subsection (a)(1) of this section, National Parks and Public Land Legacy
Restoration Fund amounts reallocated pursuant to subsection (c)
of this section.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4831
SMALL REMOTE INCINERATORS
SEC. 433. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on March
21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as ‘‘small,
remote incinerator’’ units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the
law and regulations in effect prior to such date.
Regulations.
Alaska.
TIMBER SALE REQUIREMENTS
SEC. 434. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the
timber is not sufficient to cover all logging and stumpage costs
and provide a normal profit and risk allowance under the Forest
Service’s appraisal process) when appraised using a residual value
appraisal. The western red cedar timber from those sales which
is surplus to the needs of the domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. All additional western
red cedar volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar may
be sold at prevailing export prices at the election of the timber
sale holder.
Alaska.
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.
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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.
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136 STAT. 4832
PUBLIC LAW 117–328—DEC. 29, 2022
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
16 USC 579c–1.
SEC. 441. (a) INVESTMENT AUTHORITY.—Any monies covered
into the Treasury under section 7 of the Act of June 20, 1958
(Public Law 85–464; 16 U.S.C. 579c), including all monies that
were previously collected by the United States in a forfeiture, judgment, compromise, or settlement, shall be invested by the Secretary
of the Treasury in interest bearing obligations of the United States
to the extent the amounts are not, in the judgment of the Secretary
of the Treasury, required to meet current withdrawals.
(b) AVAILABILITY OF FUNDS.—Any interest earned under subsection (a) shall be available in the same manner as the monies
covered into the Treasury under section 7 of the Act of June
20, 1958 (Public Law 85–464; 16 U.S.C. 579c) to cover the costs
to the United States specified in section 7 of that Act.
(c) USE OF FUNDS.—Any portion of the monies received or
earned under subsection (a) in excess of the amount expended
in performing the work necessitated by the action which led to
their receipt may be used to cover the other work specified in
section 7 of the Act of June 20, 1958 (Public Law 85–464; 16
U.S.C. 579c).
(d) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2023 and each succeeding fiscal year.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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. (a) Section 613 of title VI of division J of Public
Law 117–58 is repealed.
(b) For this fiscal year and each fiscal year thereafter, such
sums as are available in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986
at the end of the preceding fiscal year from taxes received in
the Treasury under subsection (b)(1) of such section shall be available, without further appropriation, to remain available until
expended, to be used to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.): Provided, That the amount provided by this subsection
is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed
in the House of Representatives on June 8, 2022.
(c) Expenditures made pursuant to section 613 of title VI of
division J of Public Law 117–58 shall be charged to the appropriation in subsection (b).
Repeal.
26 USC 9507
note.
26 USC 9507
note.
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-ofway 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.’’.
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ALASKA NATIVE REGIONAL HEALTH ENTITIES AUTHORIZATION
EXTENSION
SEC. 445. Section 424(a) of title IV of division G of the Consolidated Appropriations Act, 2014 (Public Law 113–76) shall be applied
by substituting ‘‘October 1, 2023’’ for ‘‘December 24, 2022’’.
This division may be cited as the ‘‘Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2023’’.
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Applicability.
PUBL328
136 STAT. 4834
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Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2023.
Department of
Labor
Appropriations
Act, 2023.
Time periods.
PUBLIC LAW 117–328—DEC. 29, 2022
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT
AND
TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as ‘‘WIOA’’) and the National
Apprenticeship Act, $4,140,911,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,929,332,000 as follows:
(A) $885,649,000 for adult employment and training
activities, of which $173,649,000 shall be available for the
period July 1, 2023 through June 30, 2024, and of which
$712,000,000 shall be available for the period October 1,
2023 through June 30, 2024;
(B) $948,130,000 for youth activities, which shall be
available for the period April 1, 2023 through June 30,
2024; and
(C) $1,095,553,000 for dislocated worker employment
and training activities, of which $235,553,000 shall be
available for the period July 1, 2023 through June 30,
2024, and of which $860,000,000 shall be available for
the period October 1, 2023 through June 30, 2024:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall
not be subject to the requirements of section 127(b)(1)(B)(ii)
of such Act: Provided further, That notwithstanding the requirements of WIOA, outlying areas may submit a single application
for a consolidated grant that awards funds that would otherwise
be available to such areas to carry out the activities described
in subtitle B of title I of the WIOA: Provided further, That
such application shall be submitted to the Secretary of Labor
(referred to in this title as ‘‘Secretary’’), at such time, in such
manner, and containing such information as the Secretary may
require: Provided further, That outlying areas awarded a
consolidated grant described in the preceding provisos may
use the funds for any of the programs and activities authorized
under such subtitle B of title I of the WIOA subject to approval
of the application and such reporting requirements issued by
the Secretary; and
(2) for national programs, $1,211,579,000 as follows:
(A) $325,859,000 for the dislocated workers assistance
national reserve, of which $125,859,000 shall be available
for the period July 1, 2023 through September 30, 2024,
and of which $200,000,000 shall be available for the period
October 1, 2023 through September 30, 2024: Provided,
That funds provided to carry out section 132(a)(2)(A) of
the WIOA may be used to provide assistance to a State
for statewide or local use in order to address cases where
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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
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Requirements.
PUBL328
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136 STAT. 4836
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That any funds transferred pursuant to the preceding proviso shall not be available for obligation after June
30, 2023: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and
(3) $33,830,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2022
through September 30, 2023:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps Centers.
Termination
date.
Notifications.
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.
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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
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PUBL328
136 STAT. 4838
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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
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PUBLIC LAW 117–328—DEC. 29, 2022
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 FederalState 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 WagnerPeyser Act, and shall be available for Federal obligation for
the period July 1, 2023 through June 30, 2024;
(4) $25,000,000 from the Trust Fund is for national activities of the Employment Service, including administration of
the work opportunity tax credit under section 51 of the Internal
Revenue Code of 1986 (including assisting States in adopting
or modernizing information technology for use in the processing
of certification requests), and the provision of technical assistance and staff training under the Wagner-Peyser Act;
(5) $83,810,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under
the Immigration and Nationality Act and related laws, of which
$60,528,000 shall be available for the Federal administration
of such activities, and $23,282,000 shall be available for grants
to States for the administration of such activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2023
through June 30, 2024, of which up to $9,800,000 may be
used to carry out research and demonstration projects related
to testing effective ways to promote greater labor force participation of people with disabilities: Provided, That the Secretary
may transfer amounts made available for research and demonstration projects under this paragraph to the ‘‘Office of Disability Employment Policy’’ account for such purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (‘‘AWIU’’) for fiscal year 2023 is projected by the
Department of Labor to exceed 1,778,000, an additional $28,600,000
from the Trust Fund shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata amount
for any increment less than 100,000) to carry out title III of the
Social Security Act: Provided further, That funds appropriated in
this Act that are allotted to a State to carry out activities under
title III of the Social Security Act may be used by such State
to assist other States in carrying out activities under such title
III if the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided further,
That the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States for the use of the National Directory of New
Hires under section 453(j)(8) of such Act: Provided further, That
the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career
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Payments.
Payments.
Contracts.
Grants.
PUBL328
136 STAT. 4840
Grants.
Reallotment.
Fees.
PUBLIC LAW 117–328—DEC. 29, 2022
center system, or which are used to support the national activities
of the Federal-State unemployment insurance, employment service,
or immigration programs, may be obligated in contracts, grants,
or agreements with States and non-State entities: Provided further,
That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and nonState entities under such grants, subject to the conditions applicable
to the grants: Provided further, That funds appropriated under
this Act for activities authorized under title III of the Social Security
Act and the Wagner-Peyser Act may be used by States to fund
integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed
under the final rule entitled ‘‘Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards’’ at part 200 of title 2, Code of Federal Regulations: Provided
further, That the Secretary, at the request of a State participating
in a consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to other States
participating in the consortium or to the entity operating the
Unemployment Insurance Information Technology Support Center
in order to carry out activities that benefit the administration
of the unemployment compensation law of the State making the
request: Provided further, That the Secretary may collect fees for
the costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural Workers
Survey requested by State and local governments, public and private institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions of
29 U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, methodology, and data to meet the information collection
and reporting needs of such entities, which shall be credited to
this appropriation and shall remain available until September 30,
2024, for such purposes.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
and to the Black Lung Disability Trust Fund as authorized by
section 9501(c)(1) of the Internal Revenue Code of 1986; and for
nonrepayable advances to the revolving fund established by section
901(e) of the Social Security Act, to the Unemployment Trust Fund
as authorized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment
Benefits and Allowances’’ account, such sums as may be necessary,
which shall be available for obligation through September 30, 2024.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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 Pension Benefit Guaranty Corporation (‘‘Corporation’’) is
authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement
Income Security Act of 1974, within limits of funds and borrowing
authority available to the Corporation, and in accord with law,
and to make such contracts and commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104, as may
be necessary in carrying out the program, including associated
administrative expenses, through September 30, 2023, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2023 shall be available for obligations for
administrative expenses in excess of $493,314,000: Provided further,
That to the extent that the number of new plan participants in
plans terminated by the Corporation exceeds 100,000 in fiscal year
2023, an amount not to exceed an additional $9,200,000 shall be
available through September 30, 2027, for obligations for administrative expenses for every 20,000 additional terminated participants: Provided further, That obligations in excess of the amounts
provided for administrative expenses in this paragraph may be
incurred and shall be available through September 30, 2027 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program
related expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That an additional amount shall be available for obligation through
September 30, 2027 to the extent the Corporation’s costs exceed
$250,000 for the provision of credit or identity monitoring to affected
individuals upon suffering a security incident or privacy breach,
not to exceed an additional $100 per affected individual.
WAGE
AND
Contracts.
Approval.
Notifications.
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
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SALARIES AND EXPENSES
For necessary expenses for the Office of Labor-Management
Standards, $48,515,000.
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PUBL328
136 STAT. 4842
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Reimbursement.
Reimbursements.
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Determination.
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For the payment of compensation, benefits, and expenses
(except administrative expenses not otherwise authorized) accruing
during the current or any prior fiscal year authorized by 5 U.S.C.
81; continuation of benefits as provided for under the heading
‘‘Civilian War Benefits’’ in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C.
App. 2012); obligations incurred under the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers’ Compensation Act, $250,000,000,
together with such amounts as may be necessary to be charged
to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15
of the current year, for deposit into and to assume the attributes
of the Employees’ Compensation Fund established under 5 U.S.C.
8147(a): Provided, That amounts appropriated may be used under
5 U.S.C. 8104 by the Secretary to reimburse an employer, who
is not the employer at the time of injury, for portions of the
salary of a re-employed, disabled beneficiary: Provided further, That
balances of reimbursements unobligated on September 30, 2022,
shall remain available until expended for the payment of compensation, benefits, and expenses: Provided further, That in addition
there shall be transferred to this appropriation from the Postal
Service and from any other corporation or instrumentality required
under 5 U.S.C. 8147(c) to pay an amount for its fair share of
the cost of administration, such sums as the Secretary determines
to be the cost of administration for employees of such fair share
entities through September 30, 2023: Provided further, That of
those funds transferred to this account from the fair share entities
to pay the cost of administration of the Federal Employees’ Compensation Act, $81,752,000 shall be made available to the Secretary
as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,727,000;
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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(INCLUDING TRANSFER OF FUNDS)
Such sums as may be necessary from the Black Lung Disability
Trust Fund (the ‘‘Fund’’), to remain available until expended, for
payment of all benefits authorized by section 9501(d)(1), (2), (6),
and (7) of the Internal Revenue Code of 1986; and repayment
of, and payment of interest on advances, as authorized by section
9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2023 for expenses of
operation and administration of the Black Lung Benefits program,
as authorized by section 9501(d)(5): not to exceed $42,194,000 for
transfer to the Office of Workers’ Compensation Programs, ‘‘Salaries
and Expenses’’; not to exceed $38,407,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; not to exceed
$353,000 for transfer to Departmental Management, ‘‘Office of
Inspector General’’; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.
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26 USC 9501
note.
PUBL328
136 STAT. 4844
PUBLIC LAW 117–328—DEC. 29, 2022
OCCUPATIONAL SAFETY
AND
HEALTH ADMINISTRATION
SALARIES AND EXPENSES
Fees.
Farms and
farming.
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Small businesses.
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For necessary expenses for the Occupational Safety and Health
Administration, $632,309,000, including not to exceed $120,000,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act
(the ‘‘Act’’), which grants shall be no less than 50 percent of the
costs of State occupational safety and health programs required
to be incurred under plans approved by the Secretary under section
18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $499,000 per fiscal year of training institute course tuition
and fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30,
2023, to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers
in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to
prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person
who is engaged in a farming operation which does not maintain
a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph
shall be obligated or expended to administer or enforce any
standard, rule, regulation, or order under the Act with respect
to any employer of 10 or fewer employees who is included within
a category having a Days Away, Restricted, or Transferred (‘‘DART’’)
occupational injury and illness rate, at the most precise industrial
classification code for which such data are published, less than
the national average rate as such rates are most recently published
by the Secretary, acting through the Bureau of Labor Statistics,
in accordance with section 24 of the Act, except—
(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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
Deadline.
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 firstaid work, and the hire of passenger motor vehicles, including up
to $2,000,000 for mine rescue and recovery activities and not less
than $10,537,000 for State assistance grants: Provided, That notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected by the National Mine Health and Safety Academy for room,
board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and
health education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to $2,499,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such
sums for such activities: Provided further, That the Secretary is
authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private: Provided further, That the Mine Safety and Health Administration
is authorized to promote health and safety education and training
in the mining community through cooperative programs with States,
industry, and safety associations: Provided further, That the Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding
any other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and
Health Administration officials as officers in local chapters or in
the national organization: Provided further, That any funds available to the Department of Labor may be used, with the approval
of the Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
BUREAU
OF
30 USC 966 note.
30 USC 962.
30 USC 962.
30 USC 962.
Approval.
30 USC 962.
LABOR STATISTICS
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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,
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136 STAT. 4846
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Contracts.
Grants.
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Notifications.
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For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles, $391,889,000,
together with not to exceed $308,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That $81,725,000 for the
Bureau of International Labor Affairs shall be available for obligation through December 31, 2023: Provided further, That funds available to the Bureau of International Labor Affairs may be used
to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other arrangements:
Provided further, That not less than $30,175,000 shall be for programs to combat exploitative child labor internationally and not
less than $30,175,000 shall be used to implement model programs
that address worker rights issues through technical assistance in
countries with which the United States has free trade agreements
or trade preference programs: Provided further, That $8,281,000
shall be used for program evaluation and shall be available for
obligation through September 30, 2024: Provided further, That
funds available for program evaluation may be used to administer
grants for the purpose of evaluation: Provided further, That grants
made for the purpose of evaluation shall be awarded through fair
and open competition: Provided further, That funds available for
program evaluation may be transferred to any other appropriate
account in the Department for such purpose: Provided further,
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance
of any transfer: Provided further, That the funds available to the
Women’s Bureau may be used for grants to serve and promote
the interests of women in the workforce: Provided further, That
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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VETERANS’ EMPLOYMENT AND TRAINING
Not to exceed $269,841,000 may be derived from the Employment Security Administration account in the Unemployment Trust
Fund to carry out the provisions of chapters 41, 42, and 43 of
title 38, United States Code, of which—
(1) $185,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans’ outreach
program specialists under section 4103A of such title and local
veterans’ employment representatives under section 4104(b)
of such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for expenditure by
the States through September 30, 2025, and not to exceed
3 percent for the necessary Federal expenditures for data systems and contract support to allow for the tracking of participant and performance information: Provided, That, in addition,
such funds may be used to support such specialists and representatives in the provision of services to transitioning members of the Armed Forces who have participated in the Transition Assistance Program and have been identified as in need
of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $34,379,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $47,048,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That, up to $500,000
may be used to carry out the Hire VETS Act (division O
of Public Law 115–31); and
(4) $3,414,000 is for the National Veterans’ Employment
and Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount
not to exceed 3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$65,500,000 is for carrying out programs to assist homeless veterans
and veterans at risk of homelessness who are transitioning from
certain institutions under sections 2021, 2021A, and 2023 of title
38, United States Code: Provided, That notwithstanding subsections
(c)(3) and (d) of section 2023, the Secretary may award grants
through September 30, 2023, to provide services under such section:
Provided further, That services provided under sections 2021 or
under 2021A may include, in addition to services to homeless veterans described in section 2002(a)(1), services to veterans who were
homeless at some point within the 60 days prior to program entry
or veterans who are at risk of homelessness within the next 60
days, and that services provided under section 2023 may include,
in addition to services to the individuals described in subsection
(e) of such section, services to veterans recently released from
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Reallocation.
Grants.
PUBL328
136 STAT. 4848
Data.
Contracts.
Fees.
PUBLIC LAW 117–328—DEC. 29, 2022
incarceration who are at risk of homelessness: Provided further,
That notwithstanding paragraph (3) under this heading, funds
appropriated in this paragraph may be used for data systems and
contract support to allow for the tracking of participant and
performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, and such amounts shall be available to the Secretary
to carry out the HIRE Vets Medallion Award Program, as authorized by such Act, and shall remain available until expended: Provided, That such sums shall be in addition to any other funds
available for such purposes, including funds available under paragraph (3) of this heading: Provided further, That section 2(d) of
division O of the Consolidated Appropriations Act, 2017 (Public
Law 115–31; 38 U.S.C. 4100 note) shall not apply.
IT MODERNIZATION
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $34,269,000, which shall be available
through September 30, 2024.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $91,187,000, together with not to exceed $5,841,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That not
more than $2,000,000 of the amount provided under this heading
may be available until expended.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated by this Act for the
Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an indirect
cost, at a rate in excess of Executive Level II.
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(TRANSFER OF FUNDS)
Notifications.
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SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between
a program, project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund
any project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least
15 days in advance of any transfer.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4849
SEC. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
SEC. 104. Except as otherwise provided in this section, none
of the funds made available to the Department of Labor for grants
under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be
used for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not currently
enrolled in school within a local educational agency in the occupations and industries for which employers are using H–1B visas
to hire foreign workers, and the related activities necessary to
support such training.
SEC. 105. None of the funds made available by this Act under
the heading ‘‘Employment and Training Administration’’ shall be
used by a recipient or subrecipient of such funds to pay the salary
and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of Executive Level II. This limitation
shall not apply to vendors providing goods and services as defined
in Office of Management and Budget Circular A–133. Where States
are recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and bonuses
from subrecipients of such funds, taking into account factors
including the relative cost-of-living in the State, the compensation
levels for comparable State or local government employees, and
the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
Child labor.
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(TRANSFER OF FUNDS)
SEC. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside,
for technical assistance services to grantees to ‘‘Program Administration’’ when it is determined that those services will be more
efficiently performed by Federal employees: Provided, That this
section shall not apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this
Act to ‘‘Program Administration’’ in order to carry out program
integrity activities relating to any of the programs or activities
that are funded under any such discretionary appropriations: Provided, That notwithstanding section 102 and the preceding proviso,
the Secretary may transfer not more than 0.5 percent of funds
made available in paragraphs (1) and (2) of the ‘‘Office of Job
Corps’’ account to paragraph (3) of such account to carry out program integrity activities related to the Job Corps program: Provided
further, That funds transferred under this subsection shall be available to the Secretary to carry out program integrity activities
directly or through grants, cooperative agreements, contracts and
other arrangements with States and other appropriate entities:
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Grants.
Contracts.
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136 STAT. 4850
PUBLIC LAW 117–328—DEC. 29, 2022
Provided further, That funds transferred under the authority provided by this subsection shall be available for obligation through
September 30, 2024.
(TRANSFER OF FUNDS)
Evaluations.
Plan.
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Applicability.
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SEC. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any
of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
‘‘Departmental Management’’ for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2024: Provided, That
such funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the Senate
describing the evaluations to be carried out 15 days in advance
of any transfer.
(b) The accounts referred to in subsection (a) are: ‘‘Training
and Employment Services’’, ‘‘Job Corps’’, ‘‘Community Service
Employment for Older Americans’’, ‘‘State Unemployment Insurance
and Employment Service Operations’’, ‘‘Employee Benefits Security
Administration’’, ‘‘Office of Workers’ Compensation Programs’’,
‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance
Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Occupational
Safety and Health Administration’’, ‘‘Mine Safety and Health
Administration’’, ‘‘Office of Disability Employment Policy’’, funding
made available to the ‘‘Bureau of International Labor Affairs’’ and
‘‘Women’s Bureau’’ within the ‘‘Departmental Management, Salaries
and Expenses’’ account, and ‘‘Veterans’ Employment and Training’’.
SEC. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following text
is part of such section:
‘‘(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee—
‘‘(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
‘‘(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever
is greater, for the number of weeks such employee is engaged
in any of the activities described in subparagraph (C); and
‘‘(C) whose duties include any of the following:
‘‘(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from
or relating to a disaster, witnesses, or physicians;
‘‘(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
‘‘(iii) evaluating and making recommendations
regarding coverage or compensability of claims or determining liability or value aspects of claims;
‘‘(iv) negotiating settlements; or
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PUBLIC LAW 117–328—DEC. 29, 2022
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) For purposes of this subsection—
‘‘(A) the term ‘major disaster’ means any disaster or catastrophe declared or designated by any State or Federal agency
or department;
‘‘(B) the term ‘employee employed to adjust or evaluate
claims resulting from or relating to such major disaster’ means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C) relating
to a major disaster, and is employed by an employer that
maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll
taxes from the wages, salaries and any benefits of such
employees; and
‘‘(C) the term ‘affiliate’ means a company that, by reason
of ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under
common control with, another company.’’.
(b) This section shall be effective on the date of enactment
of this Act.
SEC. 109. (a) FLEXIBILITY WITH RESPECT TO THE CROSSING
OF H–2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.—
(1) IN GENERAL.—Subject to paragraph (2), if a petition
for H–2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the nonimmigrants without filing another petition.
(2) REQUIREMENTS FOR CROSSINGS AFTER 90TH DAY.—An
employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90
days after the start date for which the employer is seeking
the services of the nonimmigrants unless the employer—
(A) completes a new assessment of the local labor
market by—
(i) listing job orders in local newspapers on 2 separate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at
the employer’s place of employment; and
(B) offers the job to an equally or better qualified
United States worker who—
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) EXEMPTION FROM RULES WITH RESPECT TO STAGGERING.—The Secretary of Labor shall not consider an employer
in the seafood industry who brings H–2B nonimmigrants into
the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of
section 655.20(d) of title 20, Code of Federal Regulations, or
any other applicable provision of law.
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Definitions.
Effective date.
Assessment.
PUBL328
136 STAT. 4852
Determinations.
Wages.
Determination.
Applicability.
PUBLIC LAW 117–328—DEC. 29, 2022
(b) H–2B NONIMMIGRANTS DEFINED.—In this section, the term
‘‘H–2B nonimmigrants’’ means aliens admitted to the United States
pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)).
SEC. 110. The determination of prevailing wage for the purposes
of the H–2B program shall be the greater of—(1) the actual wage
level paid by the employer to other employees with similar experience and qualifications for such position in the same location;
or (2) the prevailing wage level for the occupational classification
of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available
at the time of filing the petition. In the determination of prevailing
wage for the purposes of the H–2B program, the Secretary shall
accept private wage surveys even in instances where Occupational
Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided
survey are not statistically supported.
SEC. 111. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in 20
CFR 655.5 or the three-fourths guarantee rule definition found
in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the
H–2B program, the definition of temporary need shall be that
provided in 8 CFR 214.2(h)(6)(ii)(B).
SEC. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements, contracts, and other arrangements, up to $2,000,000 of excess personal
property, at a value determined by the Secretary, to apprenticeship
programs for the purpose of training apprentices in those programs.
SEC. 113. (a) The Act entitled ‘‘An Act to create a Department
of Labor’’, approved March 4, 1913 (37 Stat. 736, chapter 141)
shall be applied as if the following text is part of such Act:
‘‘SEC. 12. SECURITY DETAIL.
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Guidelines.
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‘‘(a) IN GENERAL.—The Secretary of Labor is authorized to
employ law enforcement officers or special agents to—
‘‘(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that
is preliminary or postliminary to the performance of official
duties by the Secretary;
‘‘(2) provide protection, incidental to the protection provided
to the Secretary, to a member of the immediate family of
the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
‘‘(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm,
in accordance with guidelines established by the Secretary;
and
‘‘(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established
by the Secretary.
‘‘(b) AUTHORITIES.—The Secretary of Labor may authorize a
law enforcement officer or special agent employed under subsection
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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) coordinate with local law enforcement agencies; and
‘‘(5) initiate criminal and other investigations into potential
threats to the security of the Secretary, in coordination with
the Inspector General of the Department of Labor.
‘‘(c) COMPLIANCE WITH GUIDELINES.—A law enforcement officer
or special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any—
‘‘(1) guidelines issued by the Attorney General; and
‘‘(2) guidelines prescribed by the Secretary of Labor.’’.
(b) This section shall be effective on the date of enactment
of this Act.
SEC. 114. The Secretary is authorized to dispose of or divest,
by any means the Secretary determines appropriate, including an
agreement or partnership to construct a new Job Corps center,
all or a portion of the real property on which the Treasure Island
Job Corps Center is situated. Any sale or other disposition, to
include any associated construction project, will not be subject to
any requirement of any Federal law or regulation relating to the
disposition of Federal real property or relating to Federal procurement, including but not limited to subchapter III of chapter 5
of title 40 of the United States Code, subchapter V of chapter
119 of title 42 of the United States Code, and chapter 33 of division
C of subtitle I of title 41 of the United States Code. The net
proceeds of such a sale shall be transferred to the Secretary, which
shall be available until expended to carry out the Job Corps Program on Treasure Island.
SEC. 115. None of the funds made available by this Act may
be used to—
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of
the health and safety of the students, the capacity of the
program is retained, and the requirements of section 159(j)
of the WIOA are met.
Coordination.
Investigations.
Effective date.
Real property.
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(RESCISSION)
SEC. 116. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $142,000,000 are hereby permanently rescinded not
later than September 30, 2023.
This title may be cited as the ‘‘Department of Labor Appropriations Act, 2023’’.
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Deadline.
PUBL328
136 STAT. 4854
PUBLIC LAW 117–328—DEC. 29, 2022
TITLE II
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
Waiver authority.
42 USC 294a
note.
Applicability.
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Fees.
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For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the
Social Security Act, and the Health Care Quality Improvement
Act of 1986, $1,390,376,000: Provided, That section 751(j)(2) of
the PHS Act and the proportional funding amounts in paragraphs
(1) through (4) of section 756(f) of the PHS Act shall not apply
to funds made available under this heading: Provided further, That
for any program operating under section 751 of the PHS Act on
or before January 1, 2009, the Secretary of Health and Human
Services (referred to in this title as the ‘‘Secretary’’) may hereafter
waive any of the requirements contained in sections 751(d)(2)(A)
and 751(d)(2)(B) of such Act for the full project period of a grant
under such section: Provided further, That section 756(c) of the
PHS Act shall apply to paragraphs (1) through (4) of section 756(a)
of such Act: Provided further, That no funds shall be available
for section 340G–1 of the PHS Act: Provided further, That fees
collected for the disclosure of information under section 427(b)
of the Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be sufficient
to recover the full costs of operating the programs authorized by
such sections and shall remain available until expended for the
National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart
3 of part D of title III of the PHS Act may be used to make
prior year adjustments to awards made under such section and
subpart: Provided further, That $125,600,000 shall remain available
until expended for the purposes of providing primary health services, assigning National Health Service Corps (‘‘NHSC’’) participants
to expand the delivery of substance use disorder treatment services,
notwithstanding the assignment priorities and limitations under
sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act,
and making payments under the NHSC Loan Repayment Program
under section 338B of such Act: Provided further, That, within
the amount made available in the previous proviso, $15,600,000
shall remain available until expended for the purposes of making
payments under the NHSC Loan Repayment Program under section
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That for purposes
of the previous two provisos, section 331(a)(3)(D) of the PHS Act
shall be applied as if the term ‘‘primary health services’’ includes
clinical substance use disorder treatment services, including those
provided by masters level, licensed substance use disorder treatment counselors: Provided further, That of the funds made available
under this heading, $6,000,000 shall be available to make grants
to establish, expand, or maintain optional community-based nurse
practitioner fellowship programs that are accredited or in the
accreditation process, with a preference for those in Federally Qualified Health Centers, for practicing postgraduate nurse practitioners
in primary care or behavioral health: Provided further, That of
the funds made available under this heading, $10,000,000 shall
remain available until expended for activities under section 775
of the PHS Act: Provided further, That the United States may
recover liquidated damages in an amount determined by the formula
under section 338E(c)(1) of the PHS Act if an individual either
fails to begin or complete the service obligated by a contract under
section 775(b) of the PHS Act: Provided further, That for purposes
of section 775(c)(1) of the PHS Act, the Secretary may include
other mental and behavioral health disciplines as the Secretary
deems appropriate: Provided further, That the Secretary may terminate a contract entered into under section 775 of the PHS Act
in the same manner articulated in section 206 of this title for
fiscal year 2023 contracts entered into under section 338B of the
PHS Act.
Of the funds made available under this heading, $60,000,000
shall remain available until expended for grants to public institutions of higher education to expand or support graduate education
for physicians provided by such institutions, including funding for
infrastructure development, maintenance, equipment, and minor
renovations or alterations: Provided, That, in awarding such grants,
the Secretary shall give priority to public institutions of higher
education located in States with a projected primary care provider
shortage in 2025, as determined by the Secretary: Provided further,
That grants so awarded are limited to such public institutions
of higher education in States in the top quintile of States with
a projected primary care provider shortage in 2025, as determined
by the Secretary: Provided further, That the minimum amount
of a grant so awarded to such an institution shall be not less
than $1,000,000 per year: Provided further, That such a grant
may be awarded for a period not to exceed 5 years: Provided
further, That such a grant awarded with respect to a year to
such an institution shall be subject to a matching requirement
of non-Federal funds in an amount that is not less than 10 percent
of the total amount of Federal funds provided in the grant to
such institution with respect to such year.
Applicability.
Definition.
Termination.
Contracts.
Determination.
Determination.
Time period.
Matching funds.
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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
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PUBL328
136 STAT. 4856
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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 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.
Abortions.
Lobbying.
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.
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COVERED COUNTERMEASURES PROCESS FUND
For carrying out section 319F–4 of the PHS Act, $7,000,000,
to remain available until expended.
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PUBL328
136 STAT. 4858
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Notifications.
Time period.
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.
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PUBLIC HEALTH PREPAREDNESS AND RESPONSE
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for
expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian
populations, $883,200,000: Provided, That the Director of the Centers for Disease Control and Prevention (referred to in this title
as ‘‘CDC’’) or the Administrator of the Agency for Toxic Substances
and Disease Registry may detail staff without reimbursement to
support an activation of the CDC Emergency Operations Center,
so long as the Director or Administrator, as applicable, provides
a notice to the Committees on Appropriations of the House of
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Detailees.
Notice.
Deadline.
Reports.
Updates.
Time period.
PUBL328
136 STAT. 4860
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(INCLUDING TRANSFER OF FUNDS)
Contracts.
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For carrying out titles II, III, XVII and XIX, and section 2821
of the PHS Act and for cross-cutting activities and program support
for activities funded in other appropriations included in this Act
for the Centers for Disease Control and Prevention, $563,570,000,
of which: (1) $350,000,000 shall remain available through September 30, 2024, for public health infrastructure and capacity;
and (2) $50,000,000 shall remain available through September 30,
2024 for forecasting epidemics and outbreak analytics: Provided,
That paragraphs (1) through (3) of subsection (b) of section 2821
of the PHS Act shall not apply to funds appropriated under this
heading and in all other accounts of the CDC: Provided further,
That of the amounts made available under this heading,
$35,000,000, to remain available until expended, shall be available
to the Director of the CDC for deposit in the Infectious Diseases
Rapid Response Reserve Fund established by section 231 of division
B of Public Law 115–245: Provided further, That funds appropriated
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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
Detailees.
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.
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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.
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136 STAT. 4862
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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’’).
Contracts.
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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.
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136 STAT. 4864
PUBLIC LAW 117–328—DEC. 29, 2022
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
Time period.
Advance
approvals.
Consultation.
Audit plan.
Time periods.
Deadline.
Grants.
For carrying out the responsibilities of the Office of the Director,
NIH, $2,642,914,000: Provided, That funding shall be available
for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited
to the NIH Management Fund shall remain available for one fiscal
year after the fiscal year in which they are deposited: Provided
further, That $180,000,000 shall be for the Environmental Influences on Child Health Outcomes study: Provided further, That
$722,401,000 shall be available for the Common Fund established
under section 402A(c)(1) of the PHS Act: Provided further, That
of the funds provided, $10,000 shall be for official reception and
representation expenses when specifically approved by the Director
of the NIH: Provided further, That the Office of AIDS Research
within the Office of the Director of the NIH may spend up to
$8,000,000 to make grants for construction or renovation of facilities
as provided for in section 2354(a)(5)(B) of the PHS Act: Provided
further, That $80,000,000 shall be used to carry out section 404I
of the PHS Act (42 U.S.C. 283K), relating to biomedical and behavioral research facilities: Provided further, That $5,000,000 shall
be transferred to and merged with the appropriation for the ‘‘Office
of Inspector General’’ for oversight of grant programs and operations
of the NIH, including agency efforts to ensure the integrity of
its grant application evaluation and selection processes, and shall
be in addition to funds otherwise made available for oversight
of the NIH: Provided further, That the funds provided in the previous proviso may be transferred from one specified activity to
another with 15 days prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided
further, That the Inspector General shall consult with the Committees on Appropriations of the House of Representatives and the
Senate before submitting to the Committees an audit plan for
fiscal years 2023 and 2024 no later than 30 days after the date
of enactment of this Act: Provided further, That amounts made
available under this heading are also available to establish, operate,
and support the Research Policy Board authorized by section 2034(f)
of the 21st Century Cures Act: Provided further, That the funds
made available under this heading for the Office of Research on
Women’s Health shall also be available for making grants to serve
and promote the interests of women in research, and the Director
of such Office may, in making such grants, use the authorities
available to NIH Institutes and Centers.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of the Internal
Revenue Code of 1986 (26 U.S.C. 9008), for the purpose of carrying
out section 402(b)(7)(B)(ii) of the PHS Act (relating to pediatric
research), as authorized in the Gabriella Miller Kids First Research
Act.
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BUILDINGS AND FACILITIES
For the study of, construction of, demolition of, renovation
of, and acquisition of equipment for, facilities of or used by NIH,
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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
Determination.
MENTAL HEALTH SERVICES ADMINISTRATION
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MENTAL HEALTH
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, the Protection and Advocacy for Individuals with Mental Illness Act, and the SUPPORT for Patients and
Communities Act, $2,693,507,000: Provided, That of the funds made
available under this heading, $93,887,000 shall be for the National
Child Traumatic Stress Initiative: Provided further, That notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated
for carrying out section 520A shall be available for carrying out
section 1971 of the PHS Act: Provided further, That in addition
to amounts provided herein, $21,039,000 shall be available under
section 241 of the PHS Act to carry out subpart I of part B
of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and
further that the total available under this Act for section 1920(b)
activities shall not exceed 5 percent of the amounts appropriated
for subpart I of part B of title XIX: Provided further, That of
the funds made available under this heading for subpart I of part
B of title XIX of the PHS Act, at least 5 percent shall be available
to support evidence-based crisis systems: Provided further, That
up to 10 percent of the amounts made available to carry out the
Children’s Mental Health Services program may be used to carry
out demonstration grants or contracts for early interventions with
persons not more than 25 years of age at clinical high risk of
developing a first episode of psychosis: Provided further, That section 520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2023: Provided further, That $385,000,000
shall be available until September 30, 2025 for grants to communities and community organizations who meet criteria for Certified
Community Behavioral Health Clinics pursuant to section 223(a)
of Public Law 113–93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to section
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Grants.
Contracts.
PUBL328
136 STAT. 4866
PUBLIC LAW 117–328—DEC. 29, 2022
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
State and local
governments.
Opioids.
Allocations.
State and local
governments.
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Allocations.
State and local
governments.
Territories.
District of
Columbia.
Determination.
Deadline.
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For carrying out titles III and V of the PHS Act with respect
to substance abuse treatment and title XIX of such Act with respect
to substance abuse treatment and prevention, and the SUPPORT
for Patients and Communities Act, $4,076,098,000: Provided, That
$1,575,000,000 shall be for State Opioid Response Grants for carrying out activities pertaining to opioids and stimulants undertaken
by the State agency responsible for administering the substance
abuse prevention and treatment block grant under subpart II of
part B of title XIX of the PHS Act (42 U.S.C. 300x–21 et seq.):
Provided further, That of such amount $55,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided further,
That 15 percent of the remaining amount shall be for the States
with the highest mortality rate related to opioid use disorders:
Provided further, That in allocating the amount made available
in the preceding proviso, the Secretary shall ensure that the formula
avoids a significant cliff between States with similar overdose mortality rates to prevent unusually large funding changes in States
when compared to prior year allocations: Provided further, That
of the amounts provided for State Opioid Response Grants not
more than 2 percent shall be available for Federal administrative
expenses, training, technical assistance, and evaluation: Provided
further, That of the amount not reserved by the previous four
provisos, the Secretary shall make allocations to States, territories,
and the District of Columbia according to a formula using national
survey results that the Secretary determines are the most objective
and reliable measure of drug use and drug-related deaths: Provided
further, That the Secretary shall submit the formula methodology
to the Committees on Appropriations of the House of Representatives and the Senate not less than 21 days prior to publishing
a Funding Opportunity Announcement: Provided further, That
prevention and treatment activities funded through such grants
may include education, treatment (including the provision of medication), behavioral health services for individuals in treatment programs, referral to treatment services, recovery support, and medical
screening associated with such treatment: Provided further, That
each State, as well as the District of Columbia, shall receive not
less than $4,000,000: Provided further, That in addition to amounts
provided herein, the following amounts shall be available under
section 241 of the PHS Act: (1) $79,200,000 to carry out subpart
II of part B of title XIX of the PHS Act to fund section 1935(b)
technical assistance, national data, data collection and evaluation
activities, and further that the total available under this Act for
section 1935(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart II of part B of title XIX; and (2) $2,000,000
to evaluate substance abuse treatment programs: Provided further,
That none of the funds provided for section 1921 of the PHS
Act or State Opioid Response Grants shall be subject to section
241 of such Act.
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PUBLIC LAW 117–328—DEC. 29, 2022
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: 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
Fees.
QUALITY
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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.
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136 STAT. 4868
PUBLIC LAW 117–328—DEC. 29, 2022
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
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Fees.
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For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the PHS Act, the Clinical Laboratory Improvement Amendments
of 1988, and other responsibilities of the Centers for Medicare
& Medicaid Services, not to exceed $3,669,744,000 to be transferred
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act; together with all funds
collected in accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the Secretary
pursuant to section 1893(h) of the Social Security Act, and such
sums as may be collected from authorized user fees and the sale
of data, which shall be credited to this account and remain available
until expended: Provided, That all funds derived in accordance
with 31 U.S.C. 9701 from organizations established under title
XIII of the PHS Act shall be credited to and available for carrying
out the purposes of this appropriation: Provided further, That the
Secretary is directed to collect fees in fiscal year 2023 from Medicare
Advantage organizations pursuant to section 1857(e)(2) of the Social
Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section
1876(k)(4)(D) of that Act: Provided further, That of the amount
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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.
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136 STAT. 4870
PUBLIC LAW 117–328—DEC. 29, 2022
LOW INCOME HOME ENERGY ASSISTANCE
Applicability.
State and local
governments.
Territories.
Allocations.
For making payments under subsections (b) and (d) of section
2602 of the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.), $1,500,000,000: Provided, That notwithstanding section 2609A(a) of such Act, not more than $9,600,000
may be reserved by the Secretary for technical assistance, training,
and monitoring of program activities for compliance with internal
controls, policies and procedures, and to supplement funding otherwise available for necessary administrative expenses to carry out
such Act, and the Secretary may, in addition to the authorities
provided in section 2609A(a)(1), use such funds through contracts
with private entities that do not qualify as nonprofit organizations:
Provided further, That all but $884,848,000 of the amount appropriated under this heading in this Act and in the second paragraph
under this heading in the Disaster Relief Supplemental Appropriations Act, 2023 shall be allocated as though the total appropriation
for such payments for fiscal year 2023 was less than $1,975,000,000:
Provided further, That, after applying all applicable provisions of
section 2604 of such Act and the previous proviso, each State
or territory that would otherwise receive an allocation, from the
amount appropriated under this heading in this Act together with
the amount appropriated in the second paragraph under this
heading in the Disaster Relief Supplemental Appropriations Act,
2023, that is less than 97 percent of the amount that it received
under this heading for fiscal year 2022 from amounts appropriated
in Public Law 117–103 shall have its allocation increased to that
97 percent level, with the portions of other States’ and territories’
allocations that would exceed 100 percent of the amounts they
respectively received in such fashion for fiscal year 2022 being
ratably reduced.
REFUGEE AND ENTRANT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
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Applicability.
VerDate Sep 11 2014
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For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance
Act of 1980, and for carrying out section 462 of the Homeland
Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 (‘‘TVPA’’), and the Torture
Victims Relief Act of 1998, $6,427,214,000, of which $6,377,459,000
shall remain available through September 30, 2025 for carrying
out such sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out the TVPA shall also
be available for research and evaluation with respect to activities
under such Act: Provided further, That the limitation in section
205 of this Act regarding transfers increasing any appropriation
shall apply to transfers to appropriations under this heading by
substituting ‘‘15 percent’’ for ‘‘3 percent’’: Provided further, That
the contribution of funds requirement under section 235(c)(6)(C)(iii)
of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 shall not apply to funds made available under
this heading: Provided further, That for any month in fiscal year
2023 that the number of unaccompanied children referred to the
Department of Health and Human Services pursuant to section
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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, 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.
Contracts.
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.
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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,
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136 STAT. 4872
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State and local
governments.
Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
2023: Provided, That $11,996,820,000 shall be for making payments
under the Head Start Act, including for Early Head Start–Child
Care Partnerships, and, of which, notwithstanding section 640 of
such Act:
(1) $596,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the
authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of such
Act, and such funds shall not be included in the calculation
of ‘‘base grant’’ in subsequent fiscal years, as such term is
used in section 640(a)(7)(A) of such Act;
(3) $262,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities
in such section, of which not less than $13,000,000 shall be
available to migrant and seasonal Head Start programs for
such activities, in addition to funds made available for migrant
and seasonal Head Start programs under any other provision
of section 640(a) of such Act;
(4) $100,000,000, in addition to funds otherwise available
for such purposes under section 640 of the Head Start Act,
shall be available through September 30, 2024, for awards
to eligible entities for Head Start and Early Head Start programs and to entities defined as eligible under section 645A(d)
of such Act for high quality infant and toddler care through
Early Head Start–Child Care Partnerships, and for training
and technical assistance for such activities: Provided, That
of the funds made available in this paragraph, up to
$21,000,000 shall be available to the Secretary for the administrative costs of carrying out this paragraph;
(5) $8,000,000 shall be available for the Tribal Colleges
and Universities Head Start Partnership Program consistent
with section 648(g) of such Act; and
(6) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation
of funds under section 640(a)(2)(C) of such Act in lieu of reducing
the reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D),
and 640(a)(2)(E) of such Act: Provided further, That $315,000,000
shall be available until December 31, 2023 for carrying out sections
9212 and 9213 of the Every Student Succeeds Act: Provided further,
That up to 3 percent of the funds in the preceding proviso shall
be available for technical assistance and evaluation related to grants
awarded under such section 9212: Provided further, That
$804,383,000 shall be for making payments under the CSBG Act:
Provided further, That for services furnished under the CSBG Act
with funds made available for such purpose in this fiscal year
and in fiscal year 2022, States may apply the last sentence of
section 673(2) of the CSBG Act by substituting ‘‘200 percent’’ for
‘‘125 percent’’: Provided further, That $34,383,000 shall be for section 680 of the CSBG Act, of which not less than $22,383,000
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the Secretary shall establish procedures regarding
the disposition of intangible assets and program income that permit
such assets acquired with, and program income derived from, grant
funds authorized under section 680 of the CSBG Act to become
the sole property of such grantees after a period of not more
than 12 years after the end of the grant period for any activity
consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be
used by grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated for
section 680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations: Provided further, That $240,000,000 shall be for carrying
out section 303(a) of the Family Violence Prevention and Services
Act, of which $7,000,000 shall be allocated notwithstanding section
303(a)(2) of such Act for carrying out section 309 of such Act:
Provided further, That the percentages specified in section 112(a)(2)
of the Child Abuse Prevention and Treatment Act shall not apply
to funds appropriated under this heading: Provided further, That
$1,864,000 shall be for a human services case management system
for federally declared disasters, to include a comprehensive national
case management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a study
of the system’s effectiveness: Provided further, That $107,848,000
shall be used for the projects, and in the amounts, specified in
the table titled ‘‘Community Project Funding/Congressionally
Directed Spending’’ included for this division in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided further, That none of the
funds made available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205
of this Act.
Procedures.
Time period.
42 USC 9921
note.
42 USC 9921
note.
Applicability.
42 USC 9921
note.
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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
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Applicability.
PUBLIC LAW 117–328—DEC. 29, 2022
grants to each State, territory, and Indian tribe operating title
IV–E plans for developing, enhancing, or evaluating kinship navigator programs, as described in section 427(a)(1) of such Act and
$6,750,000, in addition to funds otherwise appropriated in section
476 for such purposes, shall be for the Family First Clearinghouse
and to support evaluation and technical assistance relating to the
evaluation of child and family services: Provided further, That section 437(b)(1) shall be applied to amounts in the previous proviso
by substituting ‘‘5 percent’’ for ‘‘3.3 percent’’, and notwithstanding
section 436(b)(1), such reserved amounts may be used for identifying, establishing, and disseminating practices to meet the criteria
specified in section 471(e)(4)(C): Provided further, That the reservation in section 437(b)(2) and the limitations in section 437(d) shall
not apply to funds specified in the second proviso: Provided further,
That the minimum grant award for kinship navigator programs
in the case of States and territories shall be $200,000, and, in
the case of tribes, shall be $25,000.
PAYMENTS FOR FOSTER CARE AND PERMANENCY
For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, $7,606,000,000.
For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, for the first quarter of fiscal year 2024,
$3,200,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
ADMINISTRATION
FOR
COMMUNITY LIVING
AGING AND DISABILITY SERVICES PROGRAMS
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(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
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PUBLIC LAW 117–328—DEC. 29, 2022
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 communitybased disability organizations that are directed by and operated
for individuals with disabilities shall be eligible to compete: Provided further, That none of the funds made available under this
heading may be used by an eligible system (as defined in section
102 of the Protection and Advocacy for Individuals with Mental
Illness Act (42 U.S.C. 10802)) to continue to pursue any legal
action in a Federal or State court on behalf of an individual or
group of individuals with a developmental disability (as defined
in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that
is attributable to a mental impairment (or a combination of mental
and physical impairments), that has as the requested remedy the
closure of State operated intermediate care facilities for people
with intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such individuals
(or, in the case of mental incapacitation, the legal guardians who
have been specifically awarded authority by the courts to make
healthcare and residential decisions on behalf of such individuals)
who are affected by such action, within 90 days of instituting
such legal action, which informs such individuals (or such legal
guardians) of their legal rights and how to exercise such rights
consistent with current Federal Rules of Civil Procedure: Provided
further, That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither competent
to consent nor has a legal guardian, nor shall the proviso apply
in the case of individuals who are a ward of the State or subject
to public guardianship: Provided further, That of the amount made
available under this heading, $41,644,000 shall be used for the
projects, and in the amounts, specified in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ included
for this division in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act):
Provided further, That none of the funds made available for projects
described in the preceding proviso shall be subject to section 241
of the PHS Act or section 205 of this Act.
OFFICE
OF THE
Notice.
Deadline.
SECRETARY
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GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
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136 STAT. 4876
Sexual risk
avoidance.
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Embryo adoption.
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PUBLIC LAW 117–328—DEC. 29, 2022
vehicles, and for carrying out titles III, XVII, XXI, and section
229 of the PHS Act, the United States-Mexico Border Health
Commission Act, and research studies under section 1110 of the
Social Security Act, $537,144,000, together with $64,828,000 from
the amounts available under section 241 of the PHS Act to carry
out national health or human services research and evaluation
activities: Provided, That of this amount, $60,000,000 shall be for
minority AIDS prevention and treatment activities: Provided further, That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and grants
to public and private entities to fund medically accurate and age
appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not more than 10 percent of the available
funds shall be for training and technical assistance, evaluation,
outreach, and additional program support activities, and of the
remaining amount 75 percent shall be for replicating programs
that have been proven effective through rigorous evaluation to
reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to develop,
replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy: Provided further, That of
the amounts provided under this heading from amounts available
under section 241 of the PHS Act, $6,800,000 shall be available
to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of
the funds made available under this heading, $35,000,000 shall
be for making competitive grants which exclusively implement education in sexual risk avoidance (defined as voluntarily refraining
from non-marital sexual activity): Provided further, That funding
for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publications by educational, scientific, governmental, or health organizations; implement an evidence-based approach integrating research
findings with practical implementation that aligns with the needs
and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors
such as underage drinking or illicit drug use without normalizing
teen sexual activity: Provided further, That no more than 10 percent
of the funding for such competitive grants for sexual risk avoidance
shall be available for technical assistance and administrative costs
of such programs: Provided further, That funds provided in this
Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further, That such services shall be provided consistent with 42 CFR 59.5(a)(4): Provided further, That of the funds
made available under this heading, $5,000,000 shall be for carrying
out prize competitions sponsored by the Office of the Secretary
to accelerate innovation in the prevention, diagnosis, and treatment
of kidney diseases (as authorized by section 24 of the StevensonWydler Technology Innovation Act of 1980 (15 U.S.C. 3719)).
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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136 STAT. 4878
PUBLIC LAW 117–328—DEC. 29, 2022
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)
President.
Appointment.
42 USC 241 note.
42 USC 241 note.
Determination.
42 USC 241 note.
Grants.
Contracts.
Cash prizes.
42 USC 241 note.
42 USC 241 note.
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Deadline.
42 USC 241 note.
Notifications.
Time period.
42 USC 241 note.
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For carrying out section 301 and title IV of the PHS Act
with respect to advanced research projects for health,
$1,500,000,000, to remain available through September 30, 2025:
Provided, That the President shall appoint in the Department of
Health and Human Services a director of advanced research projects
for health (Director): Provided further, That funds may be used
to make or rescind appointments of scientific, medical, and professional personnel without regard to any provision in title 5 governing
appointments under the civil service laws: Provided further, That
funds may be used to fix the compensation of such personnel at
a rate to be determined by the Director, up to the amount of
annual compensation (excluding expenses) specified in section 102
of title 3, United States Code: Provided further, That the Director
may use funds made available under this heading to make awards
in the form of grants, contracts, cooperative agreements, and cash
prizes, and enter into other transactions (as defined in section
319L(a)(3) of the PHS Act): Provided further, That activities supported with funds provided under this heading shall not be subject
to the requirements of sections 406(a)(3)(A)(ii) or 492 of the PHS
Act: Provided further, That the Secretary may transfer the
Advanced Research Projects Agency for Health, including the functions, personnel, missions, activities, authorities, and funds, within
30 days of enactment of this Act to any agency or office of the
Department of Health and Human Services, including the National
Institutes of Health: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
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PUBLIC LAW 117–328—DEC. 29, 2022
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. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives and
the Senate detailing the planned uses of such funds.
SEC. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized
under such Act shall be made available for the evaluation (directly,
or by grants or contracts) and the implementation and effectiveness
of programs funded in this title.
Reports.
Determination.
Evaluation.
kcroghan on LAP7511N33PROD with PUBLAWS
(TRANSFER OF FUNDS)
SEC. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for HHS in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
SEC. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur
up to 60 days after the effective date of a contract awarded in
fiscal year 2023 under section 338B of such Act, or at any time
if the individual who has been awarded such contract has not
received funds due under the contract.
SEC. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary that
it encourages family participation in the decision of minors to
seek family planning services and that it provides counseling to
minors on how to resist attempts to coerce minors into engaging
in sexual activities.
SEC. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
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Notifications.
Time period.
Time period.
Contracts.
Certification.
Children and
youth.
Family planning.
Child abuse.
PUBL328
136 STAT. 4880
Abortions.
Gun control.
Government
employees.
Children and
youth.
AIDS.
Consultation.
Reimbursement.
Cooperation.
Compliance.
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Grants.
Contracts.
Nonprofits.
HIV/AIDS.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs
the Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the Secretary
shall make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound estimate
of the expected costs of providing the service to such entity’s
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain
information about all Medicare covered services.
SEC. 210. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun control.
SEC. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emergency Fund or the World Health Organization.
SEC. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad
during fiscal year 2023:
(1) The Secretary may exercise authority equivalent to
that available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may
be necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or agencies
in participating foreign countries, funds to acquire, lease, alter,
or renovate facilities in those countries as necessary to conduct
programs of assistance for international health activities,
including activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other health
activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the Committees
on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.
Notifications.
Time period.
(TRANSFER OF FUNDS)
SEC. 214. Of the amounts made available in this Act for NIH,
the amount for research related to the human immunodeficiency
virus, as jointly determined by the Director of NIH and the Director
of the Office of AIDS Research, shall be made available to the
‘‘Office of AIDS Research’’ account. The Director of the Office of
AIDS Research shall transfer from such account amounts necessary
to carry out section 2353(d)(3) of the PHS Act.
SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of NIH (‘‘Director’’) may use funds authorized
under section 402(b)(12) of the PHS Act to enter into transactions
(other than contracts, cooperative agreements, or grants) to carry
out research identified pursuant to or research and activities
described in such section 402(b)(12).
(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures
(including consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the
PHS Act.
SEC. 216. Not to exceed $100,000,000 of funds appropriated
by this Act to the institutes and centers of the National Institutes
of Health may be used for alteration, repair, or improvement of
facilities, as necessary for the proper and efficient conduct of the
activities authorized herein, at not to exceed $5,000,000 per project.
Determination.
Procedures.
Assessments.
Applicability.
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(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
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PUBL328
136 STAT. 4882
Contracts.
Determination.
Publication.
Web posting.
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Statement.
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PUBLIC LAW 117–328—DEC. 29, 2022
Resources and Services Administration to make NRSA awards for
research in primary medical care to individuals affiliated with
entities who have received grants or contracts under sections 736,
739, or 747 of the PHS Act, and 1 percent of the amount made
available for NRSA shall be made available to the Director of
the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
SEC. 218. (a) The Biomedical Advanced Research and Development Authority (‘‘BARDA’’) may enter into a contract, for more
than one but no more than 10 program years, for purchase of
research services or of security countermeasures, as that term is
defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–
6b(c)(1)(B)), if—
(1) funds are available and obligated—
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy
in administration, performance, and operation of BARDA’s programs.
(b) A contract entered into under this section—
(1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
SEC. 219. (a) The Secretary shall publish in the fiscal year
2024 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal
employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the
ACA, and the amendments made by that Act, in the proposed
fiscal year and each fiscal year since the enactment of the ACA.
(b) With respect to employees or contractors supported by all
funds appropriated for purposes of carrying out the ACA (and
the amendments made by that Act), the Secretary shall include,
at a minimum, the following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating
the program, project, or activity receiving such funds, the Federal operating division or office that administers such program,
and the amount of funding received in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who—
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior
to the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
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PUBLIC LAW 117–328—DEC. 29, 2022
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. 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).
Publication.
kcroghan on LAP7511N33PROD with PUBLAWS
(TRANSFER OF FUNDS)
SEC. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002
of the ACA to the accounts specified, in the amounts specified,
and for the activities specified under the heading ‘‘Prevention and
Public Health Fund’’ in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary
may not further transfer these amounts.
(c) Funds transferred for activities authorized under section
2821 of the PHS Act shall be made available without reference
to section 2821(b) of such Act.
SEC. 223. Effective during the period beginning on November
1, 2015 and ending January 1, 2025, any provision of law that
refers (including through cross-reference to another provision of
law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening,
mammography, and prevention shall be administered by the Secretary involved as if—
(1) such reference to such current recommendations were
a reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied
to any screening mammography modality under section 1861(jj)
of the Social Security Act (42 U.S.C. 1395x(jj)).
SEC. 224. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations
from negotiated rates, shall continue to apply to the National
Institutes of Health to the same extent and in the same manner
as such provisions were applied in the third quarter of fiscal year
2017. None of the funds appropriated in this or prior Acts or
otherwise made available to the Department of Health and Human
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Deadline.
Effective date.
Time period.
Applicability.
PUBL328
136 STAT. 4884
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Opioids.
Time period.
Notifications.
Notifications.
Grants.
Time period.
kcroghan on LAP7511N33PROD with PUBLAWS
Reports.
Definition.
VerDate Sep 11 2014
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SEC. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and addiction, pain
management, and addiction treatment to other Institutes and Centers of the NIH to be used for the same purpose 15 days after
notifying the Committees on Appropriations of the House of Representatives and the Senate: Provided, That the transfer authority
provided in the previous proviso is in addition to any other transfer
authority provided by law.
SEC. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the
Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the
open enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate
must be notified at least 2 business days in advance of any public
release of enrollment information or the award of such grants.
SEC. 227. In addition to the amounts otherwise available for
‘‘Centers for Medicare & Medicaid Services, Program Management’’,
the Secretary of Health and Human Services may transfer up
to $455,000,000 to such account from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund to support program management activity related to
the Medicare Program: Provided, That except for the foregoing
purpose, such funds may not be used to support any provision
of Public Law 111–148 or Public Law 111–152 (or any amendment
made by either such Public Law) or to supplant any other amounts
within such account.
SEC. 228. The Department of Health and Human Services
shall provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of this Act on staffing described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
SEC. 229. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Department of Health
and Human Services shall also be available to pay travel and
related expenses of such an employee or of a member of his or
her family, when such employee is assigned to duty, in the United
States or in a U.S. territory, during a period and in a location
that are the subject of a determination of a public health emergency
under section 319 of the Public Health Service Act and such travel
is necessary to obtain medical care for an illness, injury, or medical
condition that cannot be adequately addressed in that location
at that time. For purposes of this section, the term ‘‘U.S. territory’’
means Guam, the Commonwealth of Puerto Rico, the Northern
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4885
Mariana Islands, the Virgin Islands, American Samoa, or the Trust
Territory of the Pacific Islands.
SEC. 230. The Department of Health and Human Services
may accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal Government for the care of unaccompanied alien children (as defined
in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))) in the care of the Office of Refugee Resettlement of
the Administration for Children and Families, including medical
goods and services, which may include early childhood developmental screenings, school supplies, toys, clothing, and any other
items intended to promote the wellbeing of such children.
SEC. 231. None of the funds made available in this Act under
the heading ‘‘Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance’’
may be obligated to a grantee or contractor to house unaccompanied
alien children (as such term is defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility
that is not State-licensed for the care of unaccompanied alien children, except in the case that the Secretary determines that housing
unaccompanied alien children in such a facility is necessary on
a temporary basis due to an influx of such children or an emergency,
provided that—
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
six consecutive months shall require compliance with—
(A) the same requirements as licensed placements, as
listed in Exhibit 1 of the Flores Settlement Agreement
that the Secretary determines are applicable to non-State
licensed facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker
for every eight (8) children or youth during waking hours,
one (1) on-duty Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and clinician ratios
to children (including mental health providers) as required
in grantee cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a contractor’s or grantee’s non-compliance with paragraph (1) if the
Secretary certifies and provides a report to Congress on the
contractor’s or grantee’s good-faith efforts and progress towards
compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect
to a specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum
of one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits thereafter; and
(6) not later than 60 days after the date of enactment
of this Act, ORR shall brief the Committees on Appropriations
of the House of Representatives and the Senate outlining the
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Donations.
Alien children.
Alien children.
Determination.
Time periods.
Grants.
Contracts.
Requirements.
Compliance.
Determination.
Waiver authority.
Certification.
Reports.
Deadline.
Briefing.
PUBL328
136 STAT. 4886
Notification.
Time periods.
Analysis.
Alien children.
6 USC 279 note.
Reports.
Congress.
Alien children.
Time period.
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Public
information.
Web posting.
Reports.
Alien children.
6 USC 279 note.
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PUBLIC LAW 117–328—DEC. 29, 2022
requirements of ORR for influx facilities including any requirement listed in paragraph (1)(A) that the Secretary has determined are not applicable to non-State licensed facilities.
SEC. 232. In addition to the existing Congressional notification
for formal site assessments of potential influx facilities, the Secretary shall notify the Committees on Appropriations of the House
of Representatives and the Senate at least 15 days before
operationalizing an unlicensed facility, and shall (1) specify whether
the facility is hard-sided or soft-sided, and (2) provide analysis
that indicates that, in the absence of the influx facility, the likely
outcome is that unaccompanied alien children will remain in the
custody of the Department of Homeland Security for longer than
72 hours or that unaccompanied alien children will be otherwise
placed in danger. Within 60 days of bringing such a facility online,
and monthly thereafter, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the
Senate a report detailing the total number of children in care
at the facility, the average length of stay and average length of
care of children at the facility, and, for any child that has been
at the facility for more than 60 days, their length of stay and
reason for delay in release.
SEC. 233. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of conducting oversight, any facility in the United States used for the
purpose of maintaining custody of, or otherwise housing, unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))), provided that such
Senator or Member has coordinated the oversight visit with the
Office of Refugee Resettlement not less than two business days
in advance to ensure that such visit would not interfere with
the operations (including child welfare and child safety operations)
of such facility.
SEC. 234. Not later than 14 days after the date of enactment
of this Act, and monthly thereafter, the Secretary shall submit
to the Committees on Appropriations of the House of Representatives and the Senate, and make publicly available online, a report
with respect to children who were separated from their parents
or legal guardians by the Department of Homeland Security (DHS)
(regardless of whether or not such separation was pursuant to
an option selected by the children, parents, or guardians), subsequently classified as unaccompanied alien children, and transferred
to the care and custody of ORR during the previous month. Each
report shall contain the following information:
(1) the number and ages of children so separated subsequent to apprehension at or between ports of entry, to be
reported by sector where separation occurred; and
(2) the documented cause of separation, as reported by
DHS when each child was referred.
SEC. 235. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Centers for Disease
Control and Prevention shall also be available for the primary
and secondary schooling of eligible dependents of personnel stationed in a U.S. territory as defined in section 229 of this Act
at costs not in excess of those paid for or reimbursed by the
Department of Defense.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4887
(RESCISSION)
SEC. 236. Of the unobligated balances in the ‘‘Nonrecurring
Expenses Fund’’ established in section 223 of division G of Public
Law 110–161, $650,000,000 are hereby rescinded not later than
September 30, 2023.
SEC. 237. The Secretary of Health and Human Services may
waive penalties and administrative requirements in title XXVI of
the Public Health Service Act for awards under such title from
amounts provided under the heading ‘‘Department of Health and
Human Services—Health Resources and Services Administration’’
in this or any other appropriations Act for this fiscal year, including
amounts made available to such heading by transfer.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2023’’.
TITLE III
DEPARTMENT OF EDUCATION
EDUCATION
FOR THE
Deadline.
Waiver authority.
Department of
Education
Appropriations
Act, 2023.
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.
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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
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PUBL328
136 STAT. 4888
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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 percent limitation in sections 6115(d), 6121(e), and
6133(g) of the ESEA on the use of funds for administrative purposes
shall apply only to direct administrative costs: Provided further,
That grants awarded under sections 6132 and 6133 of the ESEA
with funds provided under this heading may be for a period of
up to 5 years.
INNOVATION
Applicability.
Time period.
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.
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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).
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PUBL328
136 STAT. 4890
PUBLIC LAW 117–328—DEC. 29, 2022
SPECIAL EDUCATION
State and local
governments.
Allocations.
Reduction.
20 USC 1411
note.
Applicability.
Time period.
20 USC 1411
note.
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20 USC 1411
note.
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For carrying out the Individuals with Disabilities Education
Act (IDEA) and the Special Olympics Sport and Empowerment
Act of 2004, $15,453,264,000, of which $5,870,321,000 shall become
available on July 1, 2023, and shall remain available through
September 30, 2024, and of which $9,283,383,000 shall become
available on October 1, 2023, and shall remain available through
September 30, 2024, for academic year 2023–2024: Provided, That
the amount for section 611(b)(2) of the IDEA shall be equal to
the lesser of the amount available for that activity during fiscal
year 2022, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in the
funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2022: Provided
further, That the Secretary shall, without regard to section 611(d)
of the IDEA, distribute to all other States (as that term is defined
in section 611(g)(2)), subject to the third proviso, any amount by
which a State’s allocation under section 611, from funds appropriated under this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the States’
relative populations of children aged 3 through 21 who are of
the same age as children with disabilities for whom the State
ensures the availability of a free appropriate public education under
this part, and 15 percent to States on the basis of the States’
relative populations of those children who are living in poverty:
Provided further, That the Secretary may not distribute any funds
under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further, That the States
shall allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f): Provided further, That the amount by which a State’s allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B)
and the amounts distributed to States under the previous provisos
in fiscal year 2012 or any subsequent year shall not be considered
in calculating the awards under section 611(d) for fiscal year 2013
or for any subsequent fiscal years: Provided further, That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal
year in which a State’s allocation under section 611(d) is reduced
for failure to comply with the requirement of section 612(a)(18)(A),
the Secretary may apply the reduction specified in section
612(a)(18)(B) over a period of consecutive fiscal years, not to exceed
5, until the entire reduction is applied: Provided further, That
the Secretary may, in any fiscal year in which a State’s allocation
under section 611 is reduced in accordance with section
612(a)(18)(B), reduce the amount a State may reserve under section
611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under
section 612(a)(18)(B) bears to the total allocation the State would
have received in that fiscal year under section 611(d) in the absence
of the reduction: Provided further, That the Secretary shall either
reduce the allocation of funds under section 611 for any fiscal
year following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452
of the General Education Provisions Act (20 U.S.C. 1234a): Provided
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PUBLIC LAW 117–328—DEC. 29, 2022
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 the Secretary may use funds made available for the
State Personnel Development Grants program under part D, subpart 1 of IDEA to evaluate program performance under such subpart: Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and 619(f) of
the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private nonprofit organizations to carry out activities authorized by those sections: Provided further, That, notwithstanding section 643(e)(2)(A)
of the IDEA, if 5 or fewer States apply for grants pursuant to
section 643(e) of such Act, the Secretary shall provide a grant
to each State in an amount equal to the maximum amount described
in section 643(e)(2)(B) of such Act: Provided further, That if more
than 5 States apply for grants pursuant to section 643(e) of the
IDEA, the Secretary shall award funds to those States on the
basis of the States’ relative populations of infants and toddlers
except that no such State shall receive a grant in excess of the
amount described in section 643(e)(2)(B) of such Act: Provided further, That States may use funds allotted under section 643(c) of
the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private nonprofit 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.
Evaluation.
Grants.
Grants.
Grants.
Grants.
REHABILITATION SERVICES
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(INCLUDING TRANSFER OF FUNDS)
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center
Act, $4,092,906,000, of which $3,949,707,000 shall be for grants
for vocational rehabilitation services under title I of the Rehabilitation Act: Provided, That the Secretary may use amounts provided
in this Act, and unobligated balances from title III of the Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2022, (division H of Public
Law 117–103), that remain available subsequent to the reallotment
of funds to States pursuant to section 110(b) of the Rehabilitation
Act for innovative activities aimed at increasing competitive
integrated employment as defined in section 7 of such Act for
youth and other individuals with disabilities, including related Federal administrative expenses, and for improving monitoring and
oversight of grants for vocational rehabilitation services under title
I of the Rehabilitation Act, including information technology modernization: Provided further, That up to 15 percent of the amounts
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Evaluation.
PUBL328
136 STAT. 4892
State and local
governments.
Grants.
PUBLIC LAW 117–328—DEC. 29, 2022
available subsequent to reallotment for the activities described in
the first proviso from funds provided under this paragraph in this
Act, may be used for evaluation and technical assistance related
to such activities: Provided further, That States may award subgrants for a portion of the funds to other public and private,
nonprofit entities: Provided further, That any funds provided in
this Act and made available subsequent to reallotment for the
purposes described in the first proviso shall remain available until
September 30, 2024: Provided further, That the Secretary may
transfer funds provided in this Act and made available subsequent
to the reallotment of funds to States pursuant to section 110(b)
of the Rehabilitation Act to ‘‘Institute of Education Sciences’’ for
the evaluation of outcomes for students receiving services and supports under IDEA and under title I, section 504 of title V, and
title VI of the Rehabilitation Act: Provided further, That the transfer
authority in the preceding proviso is in addition to any other
transfer authority in this Act.
SPECIAL INSTITUTIONS
PERSONS WITH DISABILITIES
FOR
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.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
The maximum Pell Grant for which a student shall be eligible
during award year 2023–2024 shall be $6,335.
20 USC 1070a
note.
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STUDENT AID ADMINISTRATION
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act, $2,033,943,000, to
remain available through September 30, 2024: Provided, That the
Secretary shall allocate new student loan borrower accounts to
eligible student loan servicers on the basis of their past performance
compared to all loan servicers utilizing established common metrics,
and on the basis of the capacity of each servicer to process new
and existing accounts: Provided further, That for student loan contracts awarded prior to October 1, 2017, the Secretary shall allow
student loan borrowers who are consolidating Federal student loans
to select from any student loan servicer to service their new consolidated student loan: Provided further, That in order to promote
accountability and high-quality service to borrowers, the Secretary
shall not award funding for any contract solicitation for a new
Federal student loan servicing environment, including the solicitation for the Federal Student Aid (FSA) Next Generation Processing
and Servicing Environment, unless such an environment provides
for the participation of multiple student loan servicers that contract
directly with the Department of Education to manage a unique
portfolio of borrower accounts and the full life-cycle of loans from
disbursement to pay-off with certain limited exceptions, and allocates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further, That the Department shall re-allocate accounts from servicers for recurring noncompliance with FSA guidelines, contractual requirements, and
applicable laws, including for failure to sufficiently inform borrowers
of available repayment options: Provided further, That such
servicers shall be evaluated based on their ability to meet contract
requirements (including an understanding of Federal and State
law), future performance on the contracts, and history of compliance
with applicable consumer protections laws: Provided further, That
to the extent FSA permits student loan servicing subcontracting,
FSA shall hold prime contractors accountable for meeting the
requirements of the contract, and the performance and expectations
of subcontractors shall be accounted for in the prime contract and
in the overall performance of the prime contractor: Provided further,
That FSA shall ensure that the Next Generation Processing and
Servicing Environment, or any new Federal loan servicing environment, incentivize more support to borrowers at risk of delinquency
or default: Provided further, That FSA shall ensure that in such
environment contractors have the capacity to meet and are held
accountable for performance on service levels; are held accountable
for and have a history of compliance with applicable consumer
protection laws; and have relevant experience and demonstrated
effectiveness: Provided further, That the Secretary shall provide
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Allocations.
20 USC 1087f
note.
Reallocation.
Evaluations.
Contracts.
Time period.
Briefings.
PUBL328
136 STAT. 4894
Publication.
Data.
Deadline.
Spend plan.
Time period.
Updates.
Extension
authority.
Contracts.
Time period.
PUBLIC LAW 117–328—DEC. 29, 2022
quarterly briefings to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Health, Education, Labor, and Pensions
of the Senate on general progress related to solicitations for Federal
student loan servicing contracts: Provided further, That FSA shall
strengthen transparency through expanded publication of aggregate
data on student loan and servicer performance: Provided further,
That not later than 60 days after enactment of this Act, FSA
shall provide to the Committees on Appropriations of the House
of Representatives and the Senate a detailed spend plan of anticipated uses of funds made available in this account for fiscal year
2023 and provide quarterly updates on this plan (including contracts
awarded, change orders, bonuses paid to staff, reorganization costs,
and any other activity carried out using amounts provided under
this heading for fiscal year 2023): Provided further, That the FSA
Next Generation Processing and Servicing Environment, or any
new Federal student loan servicing environment, shall include
accountability measures that account for the performance of the
portfolio and contractor compliance with FSA guidelines: Provided
further, That notwithstanding the requirements of the Federal Property and Administration Services Act of 1949, 41 U.S.C. 3101 et
seq., as amended; parts 6, 16, and 37 of title 48, Code of Federal
Regulations; or any other procurement limitation on the period
of performance, the Secretary may extend the period of performance
for any contract under section 456 of the HEA for servicing activities
for up to one year from the current date of expiration.
HIGHER EDUCATION
Evaluation.
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Evaluation.
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For carrying out, to the extent not otherwise provided, titles
II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational
and Cultural Exchange Act of 1961, and section 117 of the Perkins
Act, $3,526,037,000, of which $184,000,000 shall remain available
through December 31, 2023: Provided, That notwithstanding any
other provision of law, funds made available in this Act to carry
out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are participating in advanced foreign language training and international
studies in areas that are vital to United States national security
and who plan to apply their language skills and knowledge of
these countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be used
for program evaluation, national outreach, and information dissemination activities: Provided further, That up to 1.5 percent of the
funds made available under chapter 2 of subpart 2 of part A
of title IV of the HEA may be used for evaluation: Provided further,
That section 313(d) of the HEA shall not apply to an institution
of higher education that is eligible to receive funding under section
318 of the HEA: Provided further, That amounts made available
for carrying out section 419N of the HEA may be awarded notwithstanding the limitations in section 419N(b)(2) of the HEA: Provided
further, That of the amounts made available under this heading,
$429,587,000 shall be used for the projects, and in the amounts,
specified in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ included for this division in the
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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INSTITUTE
OF
EDUCATION SCIENCES
For necessary expenses for the Institute of Education Sciences
as authorized by section 208 of the Department of Education
Organization Act and carrying out activities authorized by the
National Assessment of Educational Progress Authorization Act,
section 208 of the Educational Technical Assistance Act of 2002,
and section 664 of the Individuals with Disabilities Education Act,
$807,605,000, which shall remain available through September 30,
2024: Provided, That funds available to carry out section 208 of
the Educational Technical Assistance Act may be used to link
Statewide elementary and secondary data systems with early childhood, postsecondary, and workforce data systems, or to further
develop such systems: Provided further, That up to $6,000,000
of the funds available to carry out section 208 of the Educational
Technical Assistance Act may be used for awards to public or
private organizations or agencies to support activities to improve
data coordination, quality, and use at the local, State, and national
levels.
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Data.
PUBL328
136 STAT. 4896
PUBLIC LAW 117–328—DEC. 29, 2022
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
Voluntary
prayer.
Meditation.
SEC. 301. No funds appropriated in this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER OF FUNDS)
Notifications.
Time period.
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Time period.
Scholarships.
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SEC. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but
no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
SEC. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA shall
be available from July 1, 2023, through September 30, 2024.
SEC. 304. (a) An institution of higher education that maintains
an endowment fund supported with funds appropriated for title
III or V of the HEA for fiscal year 2023 may use the income
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PUBLIC LAW 117–328—DEC. 29, 2022
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) Subsection (a) shall be in effect until titles III and V of
the HEA are reauthorized.
SEC. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) shall
be applied by substituting ‘‘2023’’ for ‘‘2021’’.
SEC. 306. Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a))
shall be applied by substituting ‘‘2023’’ for ‘‘2021’’.
SEC. 307. Funds appropriated in this Act under the heading
‘‘Student Aid Administration’’ may be available for payments for
student loan servicing to an institution of higher education that
services outstanding Federal Perkins Loans under part E of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et
seq.).
Effective date.
Applicability.
20 USC 1011c
note.
Applicability.
20 USC 1087h
note.
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(RESCISSION)
SEC. 308. Of the amounts appropriated under section
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(A)(iv)(XI)) for fiscal year 2023, $75,000,000 are hereby
rescinded.
SEC. 309. Of the amounts made available in this title under
the heading ‘‘Student Aid Administration’’, $2,300,000 shall be used
by the Secretary of Education to conduct outreach to borrowers
of loans made under part D of title IV of the Higher Education
Act of 1965 who may intend to qualify for loan cancellation under
section 455(m) of such Act (20 U.S.C. 1087e(m)), to ensure that
borrowers are meeting the terms and conditions of such loan cancellation: Provided, That the Secretary shall specifically conduct
outreach to assist borrowers who would qualify for loan cancellation
under section 455(m) of such Act except that the borrower has
made some, or all, of the 120 required payments under a repayment
plan that is not described under section 455(m)(A) of such Act,
to encourage borrowers to enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate to
all Direct Loan borrowers the full requirements of section 455(m)
of such Act and improve the filing of employment certification
by providing improved outreach and information such as outbound
calls, electronic communications, ensuring prominent access to program requirements and benefits on each servicer’s website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
SEC. 310. The Secretary may reserve not more than 0.5 percent
from any amount made available in this Act for an HEA program,
except for any amounts made available for subpart 1 of part A
of title IV of the HEA, to carry out rigorous and independent
evaluations and to collect and analyze outcome data for any program
authorized by the HEA: Provided, That no funds made available
in this Act for the ‘‘Student Aid Administration’’ account shall
be subject to the reservation under this section: Provided further,
That any funds reserved under this section shall be available
through September 30, 2025: Provided further, That if, under any
other provision of law, funds are authorized to be reserved or
used for evaluation activities with respect to a program or project,
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Loan
cancellation.
Website.
Evaluations.
Analysis.
Data.
PUBL328
136 STAT. 4898
Deadline.
Plan.
PUBLIC LAW 117–328—DEC. 29, 2022
the Secretary may also reserve funds for such program or project
for the purposes described in this section so long as the total
reservation of funds for such program or project does not exceed
any statutory limits on such reservations: Provided further, That
not later than 30 days prior to the initial obligation of funds
reserved under this section, the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Health, Education, Labor and
Pensions of the Senate, and the Committee on Education and Labor
of the House of Representatives a plan that identifies the source
and amount of funds reserved under this section, the impact on
program grantees if funds are withheld for the purposes of this
section, and the activities to be carried out with such funds.
SEC. 311. In addition to amounts otherwise appropriated by
this Act under the heading ‘‘Innovation and Improvement’’ for purposes authorized by the Elementary and Secondary Education Act
of 1965, there are hereby appropriated an additional $200,443,000
which shall be used for the projects, and in the amounts, specified
in the table titled ‘‘Community Project Funding/Congressionally
Directed Spending’’ included for this division in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That none of the funds made
available for such projects shall be subject to section 302 of this
Act.
(INCLUDING TRANSFER OF FUNDS)
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Notifications.
Time period.
20 USC 1652.
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SEC. 312. Of the amounts appropriated in this Act for ‘‘Institute
of Education Sciences’’, $19,000,000 shall be available for the Secretary of Education (‘‘the Secretary’’) to provide support services
to the Institute of Education Sciences (including, but not limited
to information technology services, lease or procurement of office
space, human resource services, financial management services,
financial systems support, budget formulation and execution, legal
counsel, equal employment opportunity services, physical security,
facilities management, acquisition and contract management,
grants administration and policy, and enterprise risk management):
Provided, That the Secretary shall calculate the actual amounts
obligated and expended for such support services by using a
standard Department of Education methodology for allocating the
cost of all such support services: Provided further, That the Secretary may transfer any amounts available for IES support services
in excess of actual amounts needed for IES support services, as
so calculated, to the ‘‘Program Administration’’ account from the
‘‘Institute of Education Sciences’’ account: Provided further, That
in order to address any shortfall between amounts available for
IES support services and amounts needed for IES support services,
as so calculated, the Secretary may transfer necessary amounts
to the ‘‘Institute of Education Sciences’’ account from the ‘‘Program
Administration’’ account: Provided further, That the Committees
on Appropriations of the House of Representatives and the Senate
are notified at least 14 days in advance of any transfer made
pursuant to this section.
SEC. 313. The Education Amendments Act of 1972 is amended
by striking section 802.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
SEVERELY DISABLED
OR
SALARIES AND EXPENSES
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in this
title as ‘‘the Committee’’) established under section 8502 of title
41, United States Code, $13,124,000: Provided, That in order to
authorize any central nonprofit agency designated pursuant to section 8503(c) of title 41, United States Code, to perform requirements
of the Committee as prescribed under section 51–3.2 of title 41,
Code of Federal Regulations, the Committee shall enter into a
written agreement with any such central nonprofit agency: Provided
further, That such agreement shall contain such auditing, oversight,
and reporting provisions as necessary to implement chapter 85
of title 41, United States Code: Provided further, That such agreement shall include the elements listed under the heading ‘‘Committee For Purchase From People Who Are Blind or Severely Disabled—Written Agreement Elements’’ in the explanatory statement
described in section 4 of Public Law 114–113 (in the matter preceding division A of that consolidated Act): Provided further, That
any such central nonprofit agency may not charge a fee under
section 51–3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further, That no less than $3,150,000 shall be available for the Office
of Inspector General.
CORPORATION
FOR
NATIONAL
AND
Contracts.
Nonprofits.
COMMUNITY SERVICE
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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
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136 STAT. 4900
Determination.
PUBLIC LAW 117–328—DEC. 29, 2022
to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) $37,735,000 shall
be available to carry out subtitle E of the 1990 Act; and (4)
$8,558,000 shall be available for expenses authorized under section
501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions
of section 198P shall be awarded by CNCS on a competitive basis:
Provided further, That for the purposes of carrying out the 1990
Act, satisfying the requirements in section 122(c)(1)(D) may include
a determination of need by the local community.
PAYMENT TO THE NATIONAL SERVICE TRUST
(INCLUDING TRANSFER OF FUNDS)
Determination.
Notice.
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $230,000,000, to remain available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ‘‘Operating Expenses’’ allocated to grants under subtitle C of title I of the 1990 Act to
the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the 1990
Act without regard to the requirement to apportion funds under
31 U.S.C. 1513(b).
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of the
1973 Act, including payment of salaries, authorized travel, hire
of passenger motor vehicles, the rental of conference rooms in
the District of Columbia, the employment of experts and consultants
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for
official reception and representation expenses, $99,686,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $7,595,000.
ADMINISTRATIVE PROVISIONS
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Notice.
Public comment.
Requirements.
Time period.
42 USC 12571
note.
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SEC. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice
and comment rulemaking. For fiscal year 2023, during any grant
selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than
an officer or employee of CNCS that is authorized by CNCS to
receive such information.
SEC. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the overall
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PUBLIC LAW 117–328—DEC. 29, 2022
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. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or
E of title I of the 1990 Act shall be used to supplement and
not supplant current programs and operations.
SEC. 404. In addition to the requirements in section 146(a)
of the 1990 Act, use of an educational award for the purpose
described in section 148(a)(4) shall be limited to individuals who
are veterans as defined under section 101 of the Act.
SEC. 405. For the purpose of carrying out section 189D of
the 1990 Act—
(1) entities described in paragraph (a) of such section shall
be considered ‘‘qualified entities’’ under section 3 of the National
Child Protection Act of 1993 (‘‘NCPA’’);
(2) individuals described in such section shall be considered
‘‘volunteers’’ under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent
with Public Law 92–544.
SEC. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of not
more than one year may receive a national service education award
having a value of 70 percent of the value of a national service
education award determined under section 147(a) of the Act.
SEC. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be applied
by substituting ‘‘an approved national service position’’ for ‘‘a
national service program that receives grants under subtitle C’’.
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CORPORATION
FOR
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Time period.
Applicability.
PUBLIC BROADCASTING
For payment to the Corporation for Public Broadcasting
(‘‘CPB’’), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2025, $535,000,000: Provided, That
none of the funds made available to CPB by this Act shall be
used to pay for receptions, parties, or similar forms of entertainment
for Government officials or employees: Provided further, That none
of the funds made available to CPB by this Act shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex: Provided further, That none of the funds made available to
CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of
CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and other
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Discrimination.
Political test.
PUBL328
136 STAT. 4902
PUBLIC LAW 117–328—DEC. 29, 2022
technologies and services that create infrastructure and efficiencies
within the public media system, $60,000,000.
FEDERAL MEDIATION
AND
CONCILIATION SERVICE
SALARIES AND EXPENSES
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 LaborManagement 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
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
NATIONAL COUNCIL
ON
136 STAT. 4903
DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,850,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $299,224,000: Provided, That
no part of this appropriation shall be available to organize or
assist in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in
section 2(3) of the Act of July 5, 1935, and as amended by the
Labor-Management Relations Act, 1947, and as defined in section
3(f) of the Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of ditches,
canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water
stored or supplied thereby is used for farming purposes.
ADMINISTRATIVE PROVISION
SEC. 408. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations Board
may be used to issue any new administrative directive or regulation
that would provide employees any means of voting through any
electronic means in an election to determine a representative for
the purposes of collective bargaining.
Electronic voting.
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
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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;
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PUBL328
136 STAT. 4904
Payment
schedule.
PUBLIC LAW 117–328—DEC. 29, 2022
and in addition, an amount, not to exceed 2 percent of the amount
provided herein, shall be available proportional to the amount by
which the product of recipients and the average benefit received
exceeds the amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be credited
in 12 approximately equal amounts on the first day of each month
in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2024, which shall be the maximum
amount available for payment pursuant to section 417 of Public
Law 98–76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board
(‘‘Board’’) for administration of the Railroad Retirement Act and
the Railroad Unemployment Insurance Act, $128,000,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund: Provided, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act this
limitation may be used to hire attorneys only through the excepted
service: Provided further, That the previous proviso shall not change
the status under Federal employment laws of any attorney hired
by the Railroad Retirement Board prior to January 1, 2013: Provided further, That notwithstanding section 7(b)(9) of the Railroad
Retirement Act, this limitation may be used to hire students
attending qualifying educational institutions or individuals who
have recently completed qualifying educational programs using current excepted hiring authorities established by the Office of Personnel Management.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $14,000,000, to be
derived from the railroad retirement accounts and railroad
unemployment insurance account.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m) and 1131(b)(2) of the Social Security
Act, $11,000,000.
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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–
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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.
Effective date.
LIMITATION ON ADMINISTRATIVE EXPENSES
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, including the hire and purchase of
two passenger motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$13,985,978,000 may be expended, as authorized by section 201(g)(1)
of the Social Security Act, from any one or all of the trust funds
referred to in such section: Provided, That not less than $2,700,000
shall be for the Social Security Advisory Board: Provided further,
That $55,000,000 shall remain available through September 30,
2024, for activities to address the disability hearings backlog within
the Office of Hearings Operations: Provided further, That unobligated balances of funds provided under this paragraph at the end
of fiscal year 2023 not needed for fiscal year 2023 shall remain
available until expended to invest in the Social Security Administration information technology and telecommunications hardware and
software infrastructure, including related equipment and non-payroll administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further,
That the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the
Senate prior to making unobligated balances available under the
authority in the previous proviso: Provided further, That reimbursement to the trust funds under this heading for expenditures for
official time for employees of the Social Security Administration
pursuant to 5 U.S.C. 7131, and for facilities or support services
for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title shall be made
by the Secretary of the Treasury, with interest, from amounts
in the general fund not otherwise appropriated, as soon as possible
after such expenditures are made.
Of the total amount made available in the first paragraph
under this heading, not more than $1,784,000,000, to remain available through March 31, 2024, is for the costs associated with continuing disability reviews under titles II and XVI of the Social
Security Act, including work-related continuing disability reviews
to determine whether earnings derived from services demonstrate
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Notification.
Reimbursement.
Reviews.
Determination.
PUBL328
136 STAT. 4906
Reports.
Time periods.
PUBLIC LAW 117–328—DEC. 29, 2022
an individual’s ability to engage in substantial gainful activity,
for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of
co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount, $273,000,000
is provided to meet the terms of a concurrent resolution on the
budget in the Senate, and $1,511,000,000 is additional new budget
authority specified for purposes of a concurrent resolution on the
budget in the Senate and section 1(i) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8,
2022: Provided further, That, of the additional new budget authority
described in the preceding proviso, up to $15,100,000 may be transferred to the ‘‘Office of Inspector General’’, Social Security Administration, for the cost of jointly operated co-operative disability investigation units: Provided further, That such transfer authority is
in addition to any other transfer authority provided by law: Provided
further, That the Commissioner shall provide to the Congress (at
the conclusion of the fiscal year) a report on the obligation and
expenditure of these funds, similar to the reports that were required
by section 103(d)(2) of Public Law 104–121 for fiscal years 1996
through 2002: Provided further, That none of the funds described
in this paragraph shall be available for transfer or reprogramming
except as specified in this paragraph.
In addition, $140,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended:
Provided, That to the extent that the amounts collected pursuant
to such sections in fiscal year 2023 exceed $140,000,000, the
amounts shall be available in fiscal year 2024 only to the extent
provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act,
which shall remain available until expended.
OFFICE OF INSPECTOR GENERAL
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(INCLUDING TRANSFER OF FUNDS)
Notice.
Time period.
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For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $32,000,000, together with not to exceed $82,665,000, to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund: Provided, That $2,000,000 shall remain available until
expended for information technology modernization, including
related hardware and software infrastructure and equipment, and
for administrative expenses directly associated with information
technology modernization.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(TRANSFER OF FUNDS)
SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall
be used for the same purpose, and for the same periods of time,
for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained in this
Act or transferred pursuant to section 4002 of Public Law 111–
148 shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State
or local legislature itself, or designed to support or defeat any
proposed or pending regulation, administrative action, or order
issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or
local government itself.
(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed
to influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include
any activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending,
or future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles
I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
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Propaganda.
Lobbying.
Gun control.
PUBL328
136 STAT. 4908
Abortions.
Definition.
Abortions.
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Discrimination.
Definition.
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PUBLIC LAW 117–328—DEC. 29, 2022
representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and
Expenses’’; and the Chairman of the National Mediation Board
is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for
‘‘National Mediation Board, Salaries and Expenses’’.
SEC. 505. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients of Federal research grants, shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 507. (a) The limitations established in the preceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide,
pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a hospital,
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
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. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.204(b) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional communications.
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
SEC. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing for
the assignment of, a unique health identifier for an individual
(except in an individual’s capacity as an employer or a health
care provider), until legislation is enacted specifically approving
the standard.
SEC. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary
of Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such requirement was applicable to such entity.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
SEC. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act, as amended by the Children’s Internet Protection
Act, unless such library has made the certifications required by
paragraph (4) of such section.
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Human embryos.
Definition.
Drugs and drug
abuse.
Health and
health care.
Contracts.
Reports.
Certifications.
PUBL328
136 STAT. 4910
Consultations.
Time periods.
Notifications.
Political
disclosure.
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Deadline.
Operating plan.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2023, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2023, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds in excess of $500,000
or 10 percent, whichever is less, that—
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
SEC. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political affiliation
or voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or misleading.
SEC. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit
an operating plan that details at the program, project, and activity
level any funding allocations for fiscal year 2023 that are different
than those specified in this Act, the explanatory statement described
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
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. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants,
and cooperative agreements exceeding $500,000, individually or
in total for a particular project, activity, or programmatic initiative,
in value and awarded by the Department on a non-competitive
basis during each quarter of fiscal year 2023, but not to include
grants awarded on a formula basis or directed by law. Such report
shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report shall
be transmitted to the Committees within 30 days after the end
of the quarter for which the report is submitted.
SEC. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social Security,
for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim
for credit for a quarter of coverage based on work performed under
a social security account number that is not the claimant’s number
and the performance of such work under such number has formed
the basis for a conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
SEC. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and
Mexico establishing totalization arrangements between the social
security system established by title II of the Social Security Act
and the social security system of Mexico, which would not otherwise
be payable but for such agreement.
SEC. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 521. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M–12–12 dated
May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
SEC. 522. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated
at United States taxpayer expense. The funds used by a Federal
agency to carry out this requirement shall be derived from amounts
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Reports.
Contracts.
Grants.
Mexico.
Pornography.
PUBL328
136 STAT. 4912
Applicability.
Time period.
Effective date.
Reports.
31 USC 1502
note.
Lists.
Grants.
Deadline.
Time period.
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Needles.
Syringes.
Drugs and drug
abuse.
Determination.
HIV.
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PUBLIC LAW 117–328—DEC. 29, 2022
made available to the agency for advertising or other communications regarding the programs and activities of the agency.
SEC. 523. (a) Federal agencies may use Federal discretionary
funds that are made available in this Act to carry out up to
10 Performance Partnership Pilots. Such Pilots shall be governed
by the provisions of section 526 of division H of Public Law 113–
76, except that in carrying out such Pilots section 526 shall be
applied by substituting ‘‘Fiscal Year 2023’’ for ‘‘Fiscal Year 2014’’
in the title of subsection (b) and by substituting ‘‘September 30,
2027’’ for ‘‘September 30, 2018’’ each place it appears: Provided,
That such pilots shall include communities that have experienced
civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to
the authority provided by section 526 of division H of Public Law
113–76, section 524 of division G of Public Law 113–235, section
525 of division H of Public Law 114–113, section 525 of division
H of Public Law 115–31, section 525 of division H of Public Law
115–141, section 524 of division A of Public Law 116–94, section
524 of division H of Public Law 116–260, and section 523 of division
H of Public Law 117–103.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to
an additional 5 years to operate under such authorities.
SEC. 524. Not later than 30 days after the end of each calendar
quarter, beginning with the first month of fiscal year 2023 the
Departments of Labor, Health and Human Services and Education
and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate
a report on the status of balances of appropriations: Provided,
That for balances that are unobligated and uncommitted, committed, and obligated but unexpended, the monthly reports shall
separately identify the amounts attributable to each source year
of appropriation (beginning with fiscal year 2012, or, to the extent
feasible, earlier fiscal years) from which balances were derived.
SEC. 525. The Departments of Labor, Health and Human Services, and Education shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of any new or competitive grant award notifications,
including supplements, issued at the discretion of such Departments
not less than 3 full business days before any entity selected to
receive a grant award is announced by the Department or its
offices (other than emergency response grants at any time of the
year or for grant awards made during the last 10 business days
of the fiscal year, or if applicable, of the program year).
SEC. 526. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds
for elements of a program other than making such purchases if
the relevant State or local health department, in consultation with
the Centers for Disease Control and Prevention, determines that
the State or local jurisdiction, as applicable, is experiencing, or
is at risk for, a significant increase in hepatitis infections or an
HIV outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4913
SEC. 527. Each department and related agency funded through
this Act shall provide answers to questions submitted for the record
by members of the Committee within 45 business days after receipt.
SEC. 528. Of amounts deposited in the Child Enrollment Contingency Fund under section 2104(n)(2) of the Social Security Act
and the income derived from investment of those funds pursuant
to section 2104(n)(2)(C) of that Act, $14,628,000,000 shall not be
available for obligation in this fiscal year.
SEC. 529. (a) This section applies to: (1) the Administration
for Children and Families in the Department of Health and Human
Services; and (2) the Chief Evaluation Office and the statisticalrelated cooperative and interagency agreements and contracting
activities of the Bureau of Labor Statistics in the Department
of Labor.
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or transferred to the functions and organizations identified in subsection
(a) for research, evaluation, or statistical purposes shall be available
for obligation through September 30, 2027: Provided, That when
an office referenced in subsection (a) receives research and evaluation funding from multiple appropriations, such offices may use
a single Treasury account for such activities, with funding advanced
on a reimbursable basis.
(c) Amounts referenced in subsection (b) that are unexpended
at the time of completion of a contract, grant, or cooperative agreement may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
such amounts are available.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 2023’’.
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS
ACT, 2023
TITLE I
Deadline.
Applicability.
Contracts.
Time period.
Reimbursement.
Legislative
Branch
Appropriations
Act, 2023.
2 USC 60a note.
LEGISLATIVE BRANCH
SENATE
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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.
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PUBL328
136 STAT. 4914
PUBLIC LAW 117–328—DEC. 29, 2022
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
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For Office of the Chaplain, $598,000.
OFFICE OF THE SECRETARY
For Office of the Secretary, $29,282,000.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4915
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office
$108,929,000.
of
the
Sergeant
at
Arms
and
Doorkeeper,
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.
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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.
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136 STAT. 4916
PUBLIC LAW 117–328—DEC. 29, 2022
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
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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).
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4917
MCCAIN-MANSFIELD AND SFC SEAN COOLEY AND SPC CHRISTOPHER
HORTON CONGRESSIONAL GOLD STAR FAMILY FELLOWSHIPS PROGRAMS
SEC. 102. (a) DEFINITIONS.—In this section—
(1) the term ‘‘appropriate committees of the Senate’’ means
the Committee on Appropriations and the Committee on Rules
and Administration of the Senate;
(2) the term ‘‘Fellowships Programs’’ means the SFC Sean
Cooley and SPC Christopher Horton Congressional Gold Star
Family Fellowship Program (commonly referred to as the
‘‘Green and Gold Congressional Aide Program’’) established
under Senate Resolution 442 (117th Congress), agreed to
November 4, 2021, and the McCain-Mansfield Fellowship Program established under Senate Resolution 443 (117th Congress), agreed to November 4, 2021, or any successor program
to such programs;
(3) the term ‘‘Fund’’ means the Sergeant at Arms Fellowships Fund established under subsection (b); and
(4) the term ‘‘Sergeant at Arms’’ means the Sergeant at
Arms and Doorkeeper of the Senate.
(b) ESTABLISHMENT.—There is established under the heading
‘‘CONTINGENT EXPENSES OF THE SENATE’’ an account to be known
as the ‘‘SERGEANT AT ARMS FELLOWSHIPS FUND’’.
(c) USE OF AMOUNTS.—
(1) IN GENERAL.—Amounts in the Fund shall be available
to the Sergeant at Arms for the costs of compensation of fellows
under the Fellowships Programs and the administration of
the Fellowships Programs, except as provided in paragraph
(2).
(2) AGENCY CONTRIBUTIONS.—Agency contributions for the
Fellowships Programs shall be paid from the appropriations
account for ‘‘Salaries, Officers and Employees’’ of the Senate.
(d) OVERSIGHT.—The Sergeant at Arms shall provide to the
appropriate committees of the Senate—
(1) a plan regarding the administration of the Fund by
the Sergeant at Arms prior to obligation of any funds, to be
updated and resubmitted following any changes to the plan;
and
(2) annual reports regarding the costs of the Fellowships
Programs paid from the Fund.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Fund for fiscal year 2023, and each
fiscal year thereafter, such sums as are necessary for the compensation of fellows under the Fellowships Programs during the fiscal
year and for the administration of the Fellowships Programs.
(f) EXCLUSION FOR PURPOSES OF STAFFING LIMITS ON THE
OFFICE OF THE SERGEANT AT ARMS.—The payment of compensation
to any individual serving in a fellowship under the Fellowships
Programs by the Sergeant at Arms shall not be included for purposes of any limitation on staffing levels of the Office of the Sergeant
at Arms.
2 USC 6519.
Plan.
Reports.
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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’’;
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136 STAT. 4918
Definition.
2 USC 6154 note.
PUBLIC LAW 117–328—DEC. 29, 2022
(2) in subsection (a)—
(A) in paragraph (2), by striking ‘‘means the 117th
Congress; and’’ and inserting ‘‘means the 118th Congress;’’;
(B) in paragraph (3), by striking ‘‘and ending on
January 3, 2023.’’ and inserting ‘‘and ending on January
7, 2025; and’’; and
(C) by adding at the end the following:
‘‘(4) the term ‘designated officer of the applicable conference’
means the member of the leadership of the applicable conference to whom the duties and authorities of the Secretary
of the applicable conference are assigned under subsection (b).’’;
(3) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘January 3, 2021, assign to the Assistant Leader
of the applicable conference’’ and inserting ‘‘January 3, 2023,
at the direction of the Chair of the applicable conference, assign
to a member of the leadership of the applicable conference’’;
and
(4) in subsection (c)(3), by striking ‘‘Assistant Leader’’ and
inserting ‘‘designated officer’’.
(b) The amendments made by subsection (a) shall take effect
on January 3, 2023.
HOUSE OF REPRESENTATIVES
SALARIES
AND
EXPENSES
For salaries and expenses of the House of Representatives,
$1,847,571,000, as follows:
HOUSE LEADERSHIP OFFICES
Time period.
For salaries and expenses, as authorized by law, $36,560,000,
including: Office of the Speaker, $10,499,000, including $35,000
for official expenses of the Speaker; Office of the Majority Floor
Leader, $3,730,000, including $15,000 for official expenses of the
Majority Leader; Office of the Minority Floor Leader, $10,499,000,
including $17,500 for official expenses of the Minority Leader; Office
of the Majority Whip, including the Chief Deputy Majority Whip,
$3,099,000, including $5,000 for official expenses of the Majority
Whip; Office of the Minority Whip, including the Chief Deputy
Minority Whip, $2,809,000, including $5,000 for official expenses
of the Minority Whip; Republican Conference, $2,962,000; Democratic Caucus, $2,962,000: Provided, That such amount for salaries
and expenses shall remain available from January 3, 2023 until
January 2, 2024.
MEMBERS’ REPRESENTATIONAL ALLOWANCES
INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF MEMBERS,
AND OFFICIAL MAIL
For Members’ representational allowances, including Members’
clerk hire, official expenses, and official mail, $810,000,000.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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
OFFICES
IN
HOUSE LEADERSHIP
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
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STANDING COMMITTEES, SPECIAL
AND
SELECT
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $180,587,000: Provided,
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136 STAT. 4920
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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SALARIES, OFFICERS
Definition.
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AND
EMPLOYEES
For compensation and expenses of officers and employees, as
authorized by law, $324,057,000, including: for salaries and
expenses of the Office of the Clerk, including the positions of the
Chaplain and the Historian, and including not more than $25,000
for official representation and reception expenses, of which not
more than $20,000 is for the Family Room and not more than
$2,000 is for the Office of the Chaplain, $40,827,000, of which
$9,000,000 shall remain available until expended; for salaries and
expenses of the Office of the Sergeant at Arms, including the
position of Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official representation and reception expenses, $38,793,000, of which
$22,232,000 shall remain available until expended; for salaries and
expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception
expenses, $211,572,000, of which $25,977,000 shall remain available
until expended; for salaries and expenses of the Office of Diversity
and Inclusion, $3,500,000, of which $1,000,000 shall remain available until expended; for salaries and expenses of the Office of
the Whistleblower Ombuds, $1,250,000; for salaries and expenses
of the Office of the Inspector General, $5,138,000; for salaries and
expenses of the Office of General Counsel, $1,912,000; for salaries
and expenses of the Office of the Parliamentarian, including the
Parliamentarian, $2,000 for preparing the Digest of Rules, and
not more than $1,000 for official representation and reception
expenses, $2,184,000; for salaries and expenses of the Office of
the Law Revision Counsel of the House, $3,746,000; for salaries
and expenses of the Office of the Legislative Counsel of the House,
$13,457,000, of which $2,000,000 shall remain available until
expended; for salaries and expenses of the Office of Interparliamentary Affairs, $934,000; for other authorized employees, $744,000:
Provided, That of the amount made available until expended under
this heading to the Office of the Sergeant at Arms, $4,700,000
shall be for activities associated with securing the permanent residences of Members of the House of Representatives in the congressional districts the Members represent and securing the temporary
residences of Members in the District of Columbia, and may not
be transferred or merged under sections 101(b) or 101(c)(2) of the
Legislative Branch Appropriations Act, 1993 (2 U.S.C. 5507(b) and
(c)(2)): Provided further, That as used in the preceding proviso,
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Approval.
ADMINISTRATIVE PROVISIONS
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REQUIRING AMOUNTS REMAINING IN MEMBERS’ REPRESENTATIONAL
ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE
THE FEDERAL DEBT
SEC. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only for fiscal year 2023.
Any amount remaining after all payments are made under such
allowances for fiscal year 2023 shall be deposited in the Treasury
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations to
carry out this section.
(c) As used in this section, the term ‘‘Member of the House
of Representatives’’ means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
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Regulations.
Definition.
PUBL328
136 STAT. 4922
PUBLIC LAW 117–328—DEC. 29, 2022
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
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2 USC 5549.
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SEC. 113. (a) ESTABLISHMENT; COORDINATOR.—
(1) ESTABLISHMENT; COORDINATOR.—There is established
in the Office of the Chief Administrative Officer of the House
of Representatives the House Intern Resource Office (hereinafter referred to as the ‘‘Office’’).
(2) APPOINTMENT.—The Office shall be headed by the House
Intern Resource Coordinator (hereinafter referred to as the
‘‘Coordinator’’), who shall be employed by the Chief Administrative Officer in consultation with the chair and ranking minority
member of the Committee on House Administration.
(b) DUTIES.—In consultation with the Office of Diversity and
Inclusion and such other offices as the Coordinator considers appropriate, the Office shall—
(1) provide support services, such as accommodations,
training, and professional development, to interns of offices
of the House of Representatives;
(2) serve as a center for resources and best practices for
the recruitment, hiring, training, and use of interns by offices
of the House of Representatives; and
(3) gather demographic and other data about interns of
offices of the House of Representatives.
(c) ADDRESSING INEQUITIES IN ACCESS TO INTERNSHIPS.—In
carrying out its duties, the Office shall consider inequities in access
to internships in offices of the House of Representatives, and shall
consider the viability of establishing an intern stipend program
for interns from underrepresented backgrounds, including those
who attend Historically Black Colleges and Universities (HBCUs),
Tribal Colleges and Universities, Hispanic-Serving Institutions
(HSIs), and other Minority Serving Institutions described in section
371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for fiscal year 2023 and each succeeding fiscal
year such sums as may be necessary to carry out this section.
(e) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2023 and each succeeding fiscal year.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4923
EDUCATIONAL ASSISTANCE AND PROFESSIONAL DEVELOPMENT FOR
HOUSE EMPLOYEES
SEC. 114. (a) EXPANSION OF
GRAM TO COVER EDUCATIONAL
DEVELOPMENT.—Section 105(a) of
STUDENT LOAN REPAYMENT PROASSISTANCE AND PROFESSIONAL
the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536(a)) is amended to read as follows:
‘‘(a) PROGRAM TO COVER STUDENT LOAN REPAYMENT, EDUCATIONAL ASSISTANCE, AND PROFESSIONAL DEVELOPMENT FOR
HOUSE EMPLOYEES.—
‘‘(1) ESTABLISHMENT.—The Chief Administrative Officer
shall establish a program under which an employing office
of the House of Representatives may agree—
‘‘(A) to repay (by direct payment on behalf of the
employee) any student loan previously taken out by an
employee of the office;
‘‘(B) to make direct payments on behalf of an employee
of the office or to reimburse an employee of the office
for expenses paid by the employee for the employee’s educational and professional development; and
‘‘(C) to make direct payments on behalf of an employee
of the office or to reimburse an employee of the office
for credentialing, professional accreditation, professional
licensure, and professional certification expenses paid by
the employee.
‘‘(2) EXCLUSION OF MEMBERS.—For purposes of this section,
a Member of the House of Representatives (including a Delegate
or Resident Commissioner to the Congress) shall not be considered to be an employee of the House of Representatives.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to payments made during fiscal year 2023
or any succeeding fiscal year.
Reimbursement.
2 USC 4536 note.
HOUSE SERVICES REVOLVING FUND
SEC. 115. (a) INCLUSION OF FUNDS RECEIVED FROM OPERATION
DRY CLEANING AND LAUNDRY SERVICE.—Section 105(a) of the
Legislative Branch Appropriations Act, 2005 (2 U.S.C. 5545(a))
is amended by adding at the end the following new paragraphs:
‘‘(8) The operation of the House Dry Cleaning and Laundry
Service.
‘‘(9) Other activities related to the operation of services
offered by the House of Representatives, as approved by the
Committee on Appropriations of the House of Representatives.’’.
(b) USE OF AMOUNTS SUBJECT TO NOTIFICATION PROVIDED TO
COMMITTEE ON APPROPRIATIONS.—Section 105(b) of such Act (2
U.S.C. 5545(b)) is amended by striking ‘‘which is approved by’’
and inserting ‘‘upon notification provided by the Chief Administrative Officer to’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to fiscal year 2023 and each succeeding
fiscal year.
OF
Applicability.
2 USC 5545 note.
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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
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136 STAT. 4924
Applicability.
2 USC 2062 note.
PUBLIC LAW 117–328—DEC. 29, 2022
amended by striking ‘‘The reimbursement of individuals employed
by the center for the cost of training classes and conferences’’
and inserting ‘‘The cost of training classes and conferences for
individuals employed by the center’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to fiscal year 2023 and each succeeding
fiscal year.
AVAILABILITY OF AUTHORITY OF EXECUTIVE AGENCIES TO USE APPROPRIATED AMOUNTS FOR CHILD CARE TO HOUSE OF REPRESENTATIVES
Regulations.
Applicability.
40 USC 590 note.
SEC. 117. (a) AVAILABILITY OF AUTHORITY.—Section 590(g) of
title 40, United States Code, is amended by adding at the end
the following new paragraph:
‘‘(6) APPLICATION TO HOUSE OF REPRESENTATIVES.—This
subsection shall apply with respect to the House of Representatives in the same manner as it applies to an Executive agency,
except that—
‘‘(A) the authority granted to the Office of Personnel
Management shall be exercised with respect to the House
of Representatives by the Speaker of the House of Representatives in accordance with regulations promulgated
by the Committee on House Administration; and
‘‘(B) amounts may be made available to implement
this subsection with respect to the House of Representatives without advance notice to the Committee on Appropriations of the Senate.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to fiscal year 2023 and each succeeding
fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
JOINT ECONOMIC COMMITTEE
For salaries and expenses of the Joint Economic Committee,
$4,283,000, to be disbursed by the Secretary of the Senate.
JOINT COMMITTEE
ON
TAXATION
For salaries and expenses of the Joint Committee on Taxation,
$12,948,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
For other joint items, as follows:
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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;
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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.
Notifications.
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GENERAL EXPENSES
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment
and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the
awards program, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Centers, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol Police
in connection with official representation and reception expenses,
$192,846,000, to be disbursed by the Chief of the Capitol Police
or a duly authorized designee, of which $6,028,000 shall be for
agreed upon protection activities for Members of Congress and
shall be available until September 30, 2025: Provided, That amounts
made available for the Enhanced Member Protection Program may
be obligated and expended only upon approval of the Committees
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Certification.
Approval.
PUBL328
136 STAT. 4926
PUBLIC LAW 117–328—DEC. 29, 2022
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
2 USC 1912.
Applicability.
Threat
assessments.
Protective
details.
Time period.
Determinations.
2 USC 1966a.
Extension
authority.
Memorandums.
SEC. 120. (a) The Chief of the Capitol Police shall have authority
to accept unpaid religious chaplain services, whereby volunteers
from multiple faiths, authorized by their respective religious
endorsing agency or organization, may advise, administer, and perform spiritual care and religious guidance for Capitol Police
employees.
(b) Chaplains shall not be required to perform any rite, ritual,
or ceremony, and employees shall not be required to receive such
rite, ritual, or ceremony, if doing so would compromise the conscience, moral principles, or religious beliefs of such chaplain or
employees or the chaplain’s endorsing agency or organization.
(c) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2023 and each succeeding fiscal year.
SEC. 121. Notwithstanding any other provision of law (except
section 1341 of title 31, United States Code), hereafter, the United
States Capitol Police shall perform a threat assessment for former
Speakers of the House of Representatives, and if warranted, any
such former Speaker shall receive a United States Capitol Police
protective detail for a period of not more than one year beginning
on the date they leave such office, except that such former Speaker
shall have the option to decline such protective detail at any time:
Provided, That at the conclusion of the one year period, the United
States Capitol Police shall perform a threat assessment to determine
whether extension of the protective detail is warranted: Provided
further, That, the protective detail may be extended beyond the
initial one year period, with the concurrence of the relevant former
Speaker, if the United States Capitol Police determines that
information or conditions, including but not limited to violent
threats, warrant such protection: Provided further, That the United
States Capitol Police is authorized to enter into Memoranda of
Understanding with relevant state and local law enforcement agencies, as needed, to carry out this section.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
SALARIES
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Certification.
VerDate Sep 11 2014
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AND
EXPENSES
For salaries and expenses necessary for the operation of the
Office of Congressional Workplace Rights, $8,000,000, of which
$2,500,000 shall remain available until September 30, 2024, and
of which not more than $1,000 may be expended on the certification
of the Executive Director in connection with official representation
and reception expenses.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4927
CONGRESSIONAL BUDGET OFFICE
SALARIES
AND
EXPENSES
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception expenses, $63,237,000: Provided, That the Director shall use
not less than $500,000 of the amount made available under this
heading for (1) improving technical systems, processes, and models
for the purpose of improving the transparency of estimates of budgetary effects to Members of Congress, employees of Members of
Congress, and the public, and (2) to increase the availability of
models, economic assumptions, and data for Members of Congress,
employees of Members of Congress, and the public.
Certification.
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.
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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
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PUBL328
136 STAT. 4928
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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. 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.
Determination.
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
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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
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PUBL328
136 STAT. 4930
Certification.
PUBLIC LAW 117–328—DEC. 29, 2022
not properly chargeable to the income of any trust fund held by
the Board, $582,529,000, and, in addition, amounts credited to
this appropriation during fiscal year 2023 under the Act of June
28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain
available until expended: Provided, That the Library of Congress
may not obligate or expend any funds derived from collections
under the Act of June 28, 1902, in excess of the amount authorized
for obligation or expenditure in appropriations Acts: Provided further, That of the total amount appropriated, not more than $18,000
may be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception expenses,
including for the Overseas Field Offices: Provided further, That
of the total amount appropriated, $12,245,000 shall remain available until expended for the Teaching with Primary Sources program:
Provided further, That of the total amount appropriated, $1,459,000
shall remain available until expended for upgrade of the Legislative
Branch Financial Management System: Provided further, That of
the total amount appropriated, $250,000 shall remain available
until expended for the Surplus Books Program to promote the
program and facilitate a greater number of donations to eligible
entities across the United States: Provided further, That of the
total amount appropriated, $3,976,000 shall remain available until
expended for the Veterans History Project to continue digitization
efforts of already collected materials, reach a greater number of
veterans to record their stories, and promote public access to the
Project: Provided further, That of the total amount appropriated,
$1,500,000 shall remain available until expended for the COVID–
19 American History Project.
COPYRIGHT OFFICE
SALARIES AND EXPENSES
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Reduction.
Certification.
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For all necessary expenses of the Copyright Office,
$100,674,000, of which not more than $39,702,000, to remain available until expended, shall be derived from collections credited to
this appropriation during fiscal year 2023 under sections 708(d)
and 1316 of title 17, United States Code: Provided, That the Copyright Office may not obligate or expend any funds derived from
collections under such section in excess of the amount authorized
for obligation or expenditure in appropriations Acts: Provided further, That not more than $7,210,000 shall be derived from collections during fiscal year 2023 under sections 111(d)(2), 119(b)(3),
803(e), and 1005 of such title: Provided further, That the total
amount available for obligation shall be reduced by the amount
by which collections are less than $46,912,000: Provided further,
That of the funds provided under this heading, not less than
$17,100,000 is for modernization initiatives, of which $10,000,000
shall remain available until September 30, 2024: Provided further,
That not more than $100,000 of the amount appropriated is available for the maintenance of an ‘‘International Copyright Institute’’
in the Copyright Office of the Library of Congress for the purpose
of training nationals of developing countries in intellectual property
laws and policies: Provided further, That not more than $6,500
may be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception expenses
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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
Advance
approvals.
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
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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.
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PUBL328
136 STAT. 4932
PUBLIC LAW 117–328—DEC. 29, 2022
USE OF APPROPRIATED FUNDS TO COVER SALARIES OF CERTAIN
PERSONNEL OF LITTLE SCHOLARS CHILD DEVELOPMENT CENTER
Applicability.
2 USC 162b note.
SEC. 141. (a) USE OF FUNDS.—Section 210 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 162b) is amended—
(1) in subsection (f)(1), by striking ‘‘pay to the Library
of Congress’’ and inserting ‘‘except as provided in subsection
(g), pay to the Library of Congress’’;
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new subsection:
‘‘(g) REIMBURSEMENT FOR CERTAIN COMPENSATION.—Notwithstanding paragraph (1) of subsection (f), in the case of expenses
described in such paragraph which are attributable to the compensation of the Executive Director and Deputy Executive Director
of the Center, the Librarian of Congress may reimburse the Center
for such expenses from amounts appropriated or otherwise made
available for salaries and expenses of the Library of Congress.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply with respect to fiscal year 2023 and each succeeding
fiscal year.
GOVERNMENT PUBLISHING OFFICE
CONGRESSIONAL PUBLISHING
(INCLUDING TRANSFER OF FUNDS)
Time periods.
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Deadline.
Time periods.
Approval.
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For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing
of Government publications authorized by law to be distributed
to Members of Congress; and publishing, and distribution of Government publications authorized by law to be distributed without
charge to the recipient, $82,992,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition
of the Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of title
44, United States Code: Provided further, That this appropriation
shall be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act
for printing and binding and related services provided to Congress
under chapter 7 of title 44, United States Code, may be expended
to print a document, report, or publication after the 27-month
period beginning on the date that such document, report, or publication is authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of title
44, United States Code: Provided further, That unobligated or unexpended balances of expired discretionary funds made available
under this heading in this Act for this fiscal year may be transferred
to, and merged with, funds under the heading ‘‘GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS REVOLVING FUND’’ no later
than the end of the fifth fiscal year after the last fiscal year
for which such funds are available for the purposes for which
appropriated, to be available for carrying out the purposes of this
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
DOCUMENTS
OF
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses of the public information programs of the Office
of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications in any format,
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $35,257,000: Provided,
That amounts of not more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and other related publications for the preceding
two fiscal years to depository and other designated libraries: Provided further, That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act
for this fiscal year may be transferred to, and merged with, funds
under the heading ‘‘GOVERNMENT PUBLISHING OFFICE BUSINESS
OPERATIONS REVOLVING FUND’’ no later than the end of the fifth
fiscal year after the last fiscal year for which such funds are
available for the purposes for which appropriated, to be available
for carrying out the purposes of this heading, subject to the approval
of the Committees on Appropriations of the House of Representatives and the Senate.
Deadline.
Time periods.
Approval.
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GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS
REVOLVING FUND
For payment to the Government Publishing Office Business
Operations Revolving Fund, $11,605,000, to remain available until
expended, for information technology development and facilities
repair: Provided, That the Government Publishing Office is hereby
authorized to make such expenditures, within the limits of funds
available and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may
be necessary in carrying out the programs and purposes set forth
in the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund: Provided further, That not more than $7,500 may be expended on the certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses: Provided further, That the Business Operations Revolving Fund shall
be available for the hire or purchase of not more than 12 passenger
motor vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Director of
the Government Publishing Office shall be deemed necessary to
carry out the provisions of title 44, United States Code: Provided
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Contracts.
Certification.
PUBL328
136 STAT. 4934
PUBLIC LAW 117–328—DEC. 29, 2022
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
Certification.
Determination.
Reimbursements.
AND
EXPENSES
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States in
connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than
the daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of such title; hire
of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States
Code; benefits comparable to those payable under sections 901(5),
(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in foreign
countries, $790,319,000, of which $5,000,000 shall remain available
until expended: Provided, That, in addition, $55,865,000 of payments received under sections 782, 791, 3521, and 9105 of title
31, United States Code, shall be available without fiscal year limitation: Provided further, That amounts provided under this heading
and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum
shall be available to finance an appropriate share of either Forum’s
costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially
financed.
CONGRESSIONAL OFFICE FOR INTERNATIONAL
LEADERSHIP FUND
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Russia.
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For a payment to the Congressional Office for International
Leadership Fund for financing activities of the Congressional Office
for International Leadership under section 313 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1151), $6,000,000: Provided, That funds made available to support Russian participants
shall only be used for those engaging in free market development,
humanitarian activities, and civic engagement, and shall not be
used for officials of the central government of Russia.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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. 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.
Contracts.
Public
information.
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COSTS OF LEGISLATIVE BRANCH FINANCIAL MANAGERS COUNCIL
SEC. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the Legislative
Branch Financial Managers Council (LBFMC) established by
charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except
that the total LBFMC costs to be shared among all participating
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Determination.
PUBL328
136 STAT. 4936
PUBLIC LAW 117–328—DEC. 29, 2022
legislative branch entities (in such allocations among the entities
as the entities may determine) may not exceed $2,000.
LIMITATION ON TRANSFERS
SEC. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
GUIDED TOURS OF THE CAPITOL
SEC. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in this
Act may be used to eliminate or restrict guided tours of the United
States Capitol which are led by employees and interns of offices
of Members of Congress and other offices of the House of Representatives and Senate, unless through regulations as authorized by
section 402(b)(8) of the Capitol Visitor Center Act of 2008 (2 U.S.C.
2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol
which are led by employees and interns described in subsection
(a) may be suspended temporarily or otherwise subject to restriction
for security or related reasons to the same extent as guided tours
of the United States Capitol which are led by the Architect of
the Capitol.
Approval.
LIMITATION ON TELECOMMUNICATIONS EQUIPMENT PROCUREMENT
Huawei
Technologies
Company.
ZTE Corporation.
Reviews.
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Assessment.
Cyber threats.
Country listing.
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SEC. 208. (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation for a high or moderate impact information system,
as defined for security categorization in the National Institute of
Standards and Technology’s (NIST) Federal Information Processing
Standard Publication 199, ‘‘Standards for Security Categorization
of Federal Information and Information Systems’’ unless the agency,
office, or other entity acquiring the equipment or system has—
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisition decisions for high or moderate impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and
(3) in consultation with the Federal Bureau of Investigation
or other appropriate Federal entity, conducted an assessment
of any risk of cyber-espionage or sabotage associated with the
acquisition of such telecommunications equipment for inclusion
in a high or moderate impact system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States
Government as posing a cyber threat, including but not limited
to, those that may be owned, directed, or subsidized by the
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such telecommunications equipment for inclusion in a high or moderate
impact system is in the vital national security interest of the
United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the telecommunications equipment
for inclusion in a high or moderate impact system intended
for acquisition and a detailed description of the mitigation
strategies identified in paragraph (1), provided that such report
may include a classified annex as necessary.
Mitigation
strategy.
Determination.
Reports.
PROHIBITION ON CERTAIN OPERATIONAL EXPENSES
SEC. 209. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities or other official government activities.
Pornography.
PLASTIC WASTE REDUCTION
SEC. 210. All agencies and offices funded by this Act that
contract with a food service provider or providers shall confer and
coordinate with such food service provider or providers, in consultation with disability advocacy groups, to eliminate or reduce plastic
waste, including waste from plastic straws, explore the use of biodegradable items, and increase recycling and composting opportunities.
Contracts.
Coordination.
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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’’.
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PUBL328
136 STAT. 4938
Military
Construction,
Veterans Affairs,
and Related
Agencies
Appropriations
Act, 2023.
Notifications.
PUBLIC LAW 117–328—DEC. 29, 2022
DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2023
TITLE I
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
Determination.
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,553,825,000, to remain
available until September 30, 2027: Provided, That, of this amount,
not to exceed $275,651,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of the Army determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading,
$658,260,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ‘‘Military
Construction, Army’’ in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), in addition to amounts otherwise available for such purposes.
MILITARY CONSTRUCTION, NAVY
Determination.
AND
MARINE CORPS
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $4,345,320,000, to remain available until September 30, 2027: Provided, That, of this amount,
not to exceed $515,473,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That of the amount
made available under this heading, $492,929,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ‘‘Military Construction, Navy and Marine Corps’’
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4939
by law, $2,614,996,000, to remain available until September 30,
2027: Provided, That, of this amount, not to exceed $251,634,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
the Air Force determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available under
this heading, $509,540,000 shall be for the projects and activities,
and in the amounts, specified in the table under the heading ‘‘Military Construction, Air Force’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for
such purposes.
Determination.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law, $2,626,078,000, to remain available until September
30, 2027: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That, of the amount, not to
exceed $506,927,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That of the amount
made available under this heading, $109,680,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ‘‘Military Construction, Defense-Wide’’ in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
Determination.
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MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $459,018,000, to remain available
until September 30, 2027: Provided, That, of the amount, not to
exceed $83,435,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount
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Determination.
PUBL328
136 STAT. 4940
PUBLIC LAW 117–328—DEC. 29, 2022
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
Determination.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $279,353,000, to remain available until
September 30, 2027: Provided, That, of the amount, not to exceed
$56,982,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount
made available under this heading, $112,970,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ‘‘Military Construction, Air National Guard’’
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
MILITARY CONSTRUCTION, ARMY RESERVE
Determination.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$193,878,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $24,829,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading,
$74,000,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ‘‘Military
Construction, Army Reserve’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for
such purposes.
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MILITARY CONSTRUCTION, NAVY RESERVE
Determination.
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For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $36,837,000, to remain available
until September 30, 2027: Provided, That, of the amount, not to
exceed $9,090,000 shall be available for study, planning, design,
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Determination.
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.
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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.
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PUBL328
136 STAT. 4942
PUBLIC LAW 117–328—DEC. 29, 2022
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
MARINE CORPS
AND
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
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MILITARY UNACCOMPANIED HOUSING IMPROVEMENT FUND
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $494,000, to remain available until
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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ADMINISTRATIVE PROVISIONS
SEC. 101. None of the funds made available in this title shall
be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
SEC. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
SEC. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads
as authorized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to the national
defense by the Secretary of Defense.
SEC. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
SEC. 105. None of the funds made available in this title shall
be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers
or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be
in the public interest.
SEC. 106. None of the funds made available in this title shall
be used to: (1) acquire land; (2) provide for site preparation; or
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for military construction.
SEC. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification
to the Committees on Appropriations of both Houses of Congress.
SEC. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
SEC. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
SEC. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.
SEC. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by the
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Contracts.
Approval.
Certification.
Determinations.
Notification.
Steel.
Contracts.
Japan.
PUBL328
136 STAT. 4944
Kwajalein Atoll.
Contracts.
Military exercise.
Time period.
PUBLIC LAW 117–328—DEC. 29, 2022
Government to exceed $500,000 for projects to be accomplished
in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Gulf, unless such
contracts are awarded to United States firms or United States
firms in joint venture with host nation firms.
SEC. 112. None of the funds made available in this title for
military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Gulf, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a Marshallese
contractor.
SEC. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees
on Appropriations, of plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary
or permanent, are anticipated to exceed $100,000.
SEC. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
SEC. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such
a project or contract, at any time before the end of the fourth
fiscal year after the fiscal year for which funds for such project
were made available, if the funds obligated for such project: (1)
are obligated from funds available for military construction projects;
and (2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
(INCLUDING TRANSFER OF FUNDS)
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Time periods.
Determination.
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SEC. 117. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated
for construction in ‘‘Family Housing’’ accounts, to be merged with
and to be available for the same purposes and for the same period
of time as amounts appropriated directly to the Fund; or (2) the
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PUBLIC LAW 117–328—DEC. 29, 2022
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. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of family
housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer
quarters: Provided, That not more than $35,000 per unit may
be spent annually for the maintenance and repair of any general
or flag officer quarters without 30 days prior notification, or 14
days for a notification provided in an electronic medium pursuant
to sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the limitation
is exceeded solely due to costs associated with environmental
remediation that could not be reasonably anticipated at the time
of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
SEC. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until
expended for the purposes specified in subsection (i)(1) of such
section or until transferred pursuant to subsection (i)(3) of such
section.
10 USC 2821
note.
Time periods.
Reports.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such
appropriations will not be necessary for the liquidation of obligations
or for making authorized adjustments to such appropriations for
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Time period.
Determination.
PUBL328
136 STAT. 4946
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Deadline.
Expenditure
plan.
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Allotment.
Contracts.
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SEC. 122. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R,
Volume 3, Chapter 7, of March 2011, as in effect on the date
of enactment of this Act.
SEC. 123. None of the funds made available in this title may
be obligated or expended for planning and design and construction
of projects at Arlington National Cemetery.
SEC. 124. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2027:
‘‘Military Construction, Army’’, $243,490,000;
‘‘Military Construction, Navy and Marine Corps’’,
$423,300,000;
‘‘Military Construction, Air Force’’, $527,300,000;
‘‘Military Construction, Defense-Wide’’, $151,000,000;
‘‘Military
Construction,
Army
National
Guard’’,
$54,743,000;
‘‘Military Construction, Army Reserve’’, $56,600,000;
‘‘Military Construction, Navy Reserve’’, $116,964,000;
‘‘Military Construction, Air Force Reserve’’, $9,000,000;
‘‘Family Housing Construction, Army’’, $321,722,000; and
‘‘Family Housing Construction, Air Force’’, $18,800,000:
Provided, That such funds may only be obligated to carry out
construction and cost to complete projects identified in the respective military department’s unfunded priority list for fiscal year
2023 submitted to Congress: Provided further, That such projects
are subject to authorization prior to obligation and expenditure
of funds to carry out construction: Provided further, That not later
than 60 days after enactment of this Act, the Secretary of the
military department concerned, or their designee, shall submit to
the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
SEC. 125. All amounts appropriated to the ‘‘Department of
Defense—Military Construction, Army’’, ‘‘Department of Defense—
Military Construction, Navy and Marine Corps’’, ‘‘Department of
Defense—Military Construction, Air Force’’, and ‘‘Department of
Defense—Military Construction, Defense-Wide’’ accounts pursuant
to the authorization of appropriations in a National Defense
Authorization Act specified for fiscal year 2023 in the funding
table in section 4601 of that Act shall be immediately available
and allotted to contract for the full scope of authorized projects.
SEC. 126. Notwithstanding section 116 of this Act, funds made
available in this Act or any available unobligated balances from
prior appropriations Acts may be obligated before October 1, 2024
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PUBLIC LAW 117–328—DEC. 29, 2022
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. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Committees on Armed Services
of the House of Representatives and the Senate, the Subcommittee
on Military Construction and Veterans Affairs of the Committee
on Appropriations of the Senate, and the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives.
SEC. 128. For an additional amount for the accounts and in
the amounts specified for planning and design, unspecified minor
construction, and authorized major construction projects, for
construction improvements to Department of Defense laboratory
facilities, to remain available until September 30, 2027:
‘‘Military Construction, Army’’, $20,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$10,000,000; and
‘‘Military Construction, Air Force’’, $90,000,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds provided
under this section: Provided further, That the Secretary of the
military department concerned may not obligate or expend any
funds prior to approval by the Committees on Appropriations of
both Houses of Congress of the expenditure plan required by this
section.
SEC. 129. For an additional amount for the accounts and in
the amounts specified for planning and design and unspecified
minor construction, for improving military installation resilience,
to remain available until September 30, 2027:
‘‘Military Construction, Army’’, $25,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$40,000,000; and
‘‘Military Construction, Air Force’’, $25,000,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds provided
under this section: Provided further, That the Secretary of the
military department concerned may not obligate or expend any
funds prior to approval by the Committees on Appropriations of
both Houses of Congress of the expenditure plan required by this
section.
SEC. 130. For an additional amount for ‘‘Military Construction,
Air Force’’, $360,000,000, to remain available until September 30,
2027, for expenses incurred as a result of natural disasters: Provided, That not later than 60 days after the date of enactment
of this Act, the Secretary of the Air Force, or their designee, shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section.
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Definition.
Deadline.
Expenditure
plan.
Approvals.
Deadline.
Expenditure
plan.
Approvals.
Deadline.
Expenditure
plan.
PUBL328
136 STAT. 4948
Deadline.
Expenditure
plan.
Deadline.
Expenditure
plan.
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Deadline.
Expenditure
plan.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 131. For an additional amount for the accounts and in
the amounts specified to address cost increases identified subsequent to the fiscal year 2023 budget request for authorized major
construction projects included either in that request or funded in
Title I of Division J of Public Law 117–103, to remain available
until September 30, 2027:
‘‘Military Construction, Army’’, $103,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$331,000,000;
‘‘Military Construction, Air Force’’, $273,000,000;
‘‘Military Construction, Defense-Wide’’, $279,347,000;
‘‘Military
Construction,
Army
National
Guard’’,
$66,000,000;
‘‘Military Construction, Air National Guard’’, $17,000,000;
‘‘Military Construction, Army Reserve’’, $24,000,000;
‘‘Military Construction, Navy Reserve’’, $5,500,000; and
‘‘Military Construction, Air Force Reserve’’, $11,000,000:
Provided, That not later than 60 days after the date of enactment
of this Act, the Secretary of the military department concerned,
or their designee, shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided
under this section.
SEC. 132. For an additional amount for the accounts and in
the amounts specified for planning and design and authorized major
construction projects, for child development centers, to remain available until September 30, 2027:
‘‘Military Construction, Army’’, $15,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$15,000,000; and
‘‘Military Construction, Air Force’’, $37,400,000:
Provided, That not later than 60 days after the date of enactment
of this Act, the Secretary of the military department concerned,
or their designee, shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided
under this section.
SEC. 133. For an additional amount for ‘‘Military Construction,
Navy and Marine Corps’’, $25,000,000, to remain available until
September 30, 2027, for planning and design of water treatment
and distribution facilities construction, including relating to
improvements of infrastructure and defueling at the Red Hill Bulk
Fuel Storage Facility: Provided, That not later than 180 days after
the date of enactment of this Act, the Secretary of the Navy,
or their designee, shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided
under this section.
SEC. 134. For an additional amount for the accounts and in
the amounts specified to address cost increases for authorized major
construction projects funded by this Act, to remain available until
September 30, 2027:
‘‘Military Construction, Army’’, $48,600,000;
‘‘Military Construction, Navy and Marine Corps’’,
$166,500,000;
‘‘Military Construction, Air Force’’, $63,350,000;
‘‘Military Construction, Defense-Wide’’, $14,200,000;
‘‘Military
Construction,
Army
National
Guard’’,
$18,900,000;
‘‘Military Construction, Air National Guard’’, $4,900,000;
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4949
‘‘Military Construction, Army Reserve’’, $2,000,000; and
‘‘Military Construction, Air Force Reserve’’, $500,000:
Provided, That not later than 60 days after the date of enactment
of this Act, the Secretary of the military department concerned,
or their designee, shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided
under this section: Provided further, That the Secretary of the
military department concerned may not obligate or expend any
funds prior to approval by the Committees on Appropriations of
both Houses of Congress of the expenditure plan required by this
section.
SEC. 135. For an additional amount for ‘‘Military Construction,
Air National Guard’’, $10,000,000, to remain available until September 30, 2027, for planning and design for construction at future
foreign military training sites: Provided, That not later than 60
days after enactment of this Act, the Secretary of the Air Force,
or their designee, shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided
under this section.
SEC. 136. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guanta´namo Bay, Cuba.
Deadline.
Expenditure
plan.
Approvals.
Deadline.
Expenditure
plan.
Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
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(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61
of title 38, United States Code; pension benefits to or on behalf
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of
title 38, United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers’
retirement pay, adjusted-service credits and certificates, payment
of premiums due on commercial life insurance policies guaranteed
under the provisions of title IV of the Servicemembers Civil Relief
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53,
55, and 61 of title 38, United States Code, $146,778,136,000, which
shall become available on October 1, 2023, to remain available
until expended: Provided, That not to exceed $21,423,000 of the
amount made available for fiscal year 2024 under this heading
shall be reimbursed to ‘‘General Operating Expenses, Veterans
Benefits Administration’’, and ‘‘Information Technology Systems’’
for necessary expenses in implementing the provisions of chapters
51, 53, and 55 of title 38, United States Code, the funding source
for which is specifically provided as the ‘‘Compensation and Pensions’’ appropriation: Provided further, That such sums as may
be earned on an actual qualifying patient basis, shall be reimbursed
to ‘‘Medical Care Collections Fund’’ to augment the funding of
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Reimbursement.
Reimbursement.
PUBL328
136 STAT. 4950
PUBLIC LAW 117–328—DEC. 29, 2022
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’’.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Determination.
VETERANS HEALTH ADMINISTRATION
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MEDICAL SERVICES
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the Department,
and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare
employees hired under title 38, United States Code, assistance
and support services for caregivers as authorized by section 1720G
of title 38, United States Code, loan repayments authorized by
section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1174; 38 U.S.C.
7681 note), monthly assistance allowances authorized by section
322(d) of title 38, United States Code, grants authorized by section
521A of title 38, United States Code, and administrative expenses
necessary to carry out sections 322(d) and 521A of title 38, United
States Code, and hospital care and medical services authorized
by section 1787 of title 38, United States Code; $261,000,000, which
shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2022; and, in addition,
$74,004,000,000, plus reimbursements, shall become available on
October 1, 2023, and shall remain available until September 30,
2024: Provided, That, of the amount made available on October
1, 2023, under this heading, $2,000,000,000 shall remain available
until September 30, 2025: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have
special needs: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall give priority
funding for the provision of basic medical benefits to veterans
in enrollment priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
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Drugs and drug
abuse.
PUBL328
136 STAT. 4952
PUBLIC LAW 117–328—DEC. 29, 2022
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 nonDepartment 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.
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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;
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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’’.
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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.
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PUBL328
136 STAT. 4954
PUBLIC LAW 117–328—DEC. 29, 2022
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code,
$5,782,000,000,
plus
reimbursements:
Provided,
That
$1,494,230,000 shall be for pay and associated costs, of which not
to exceed 3 percent shall remain available until September 30,
2024: Provided further, That $4,145,678,000 shall be for operations
and maintenance, of which not to exceed 5 percent shall remain
available until September 30, 2024: Provided further, That
$142,092,000 shall be for information technology systems development, and shall remain available until September 30, 2024: Provided further, That amounts made available for salaries and
expenses, operations and maintenance, and information technology
systems development may be transferred among the three subaccounts after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued: Provided
further, That amounts made available for the ‘‘Information Technology Systems’’ account for development may be transferred among
projects or to newly defined projects: Provided further, That no
project may be increased or decreased by more than $3,000,000
of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the transfer and
an approval is issued, or absent a response, a period of 30 days
has elapsed: Provided further, That the funds made available under
this heading for information technology systems development shall
be for the projects, and in the amounts, specified under this heading
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Time period.
VETERANS ELECTRONIC HEALTH RECORD
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Reports.
Effective date.
Certifications.
Deadlines.
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For activities related to implementation, preparation, development, interface, management, rollout, and maintenance of a Veterans Electronic Health Record system, including contractual costs
associated with operations authorized by section 3109 of title 5,
United States Code, and salaries and expenses of employees hired
under titles 5 and 38, United States Code, $1,759,000,000, to remain
available until September 30, 2025: Provided, That the Secretary
of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress quarterly reports detailing obligations, expenditures, and deployment implementation by facility,
including any changes from the deployment plan or schedule: Provided further, That the funds provided in this account shall only
be available to the Office of the Deputy Secretary, to be administered by that Office: Provided further, That 25 percent of the funds
made available under this heading shall not be available until
July 1, 2023, and are contingent upon the Secretary of Veterans
Affairs—
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4955
(1) providing the Committees on Appropriations a report
detailing the status of outstanding issues impacting the stability and usability of the new electronic health record system,
including those that contributed to the October 13, 2022, deployment delay, along with a timeline and measurable metrics
to resolve issues, no later than 60 days after enactment of
this Act;
(2) certifying and detailing any changes to the full deployment schedule, no later than 60 days prior to July 1, 2023;
and
(3) certifying in writing no later than 30 days prior to
July 1, 2023, the following—
(A) the status of issues included in the report referenced in paragraph (1), including issues that have not
been closed but have been suitably resolved or mitigated
in a manner that will enhance provider productivity and
minimize the potential for patient harm; and
(B) whether the system is stable, ready, and optimized
for further deployment at VA sites.
Reports.
Timeline.
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.
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CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, or for any
of the purposes set forth in sections 316, 2404, 2406 and chapter
81 of title 38, United States Code, not otherwise provided for,
including planning, architectural and engineering services,
construction management services, maintenance or guarantee
period services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount
set forth in section 8104(a)(3)(A) of title 38, United States Code,
or where funds for a project were made available in a previous
major project appropriation, $1,447,890,000, of which $731,722,000
shall remain available until September 30, 2027, and of which
$716,168,000 shall remain available until expended, of which
$1,500,000 shall be available for seismic improvement projects and
seismic program management activities, including for projects that
would otherwise be funded by the Construction, Minor Projects,
Medical Facilities or National Cemetery Administration accounts:
Provided, That except for advance planning activities, including
needs assessments which may or may not lead to capital investments, and other capital asset management related activities,
including portfolio development and management activities, and
planning, cost estimating, and design for major medical facility
projects and major medical facility leases and investment strategy
studies funded through the advance planning fund and the planning
and design activities funded through the design fund, staffing
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Notification.
Approval.
PUBL328
136 STAT. 4956
Reimbursement.
Contracts.
Deadlines.
Reports.
PUBLIC LAW 117–328—DEC. 29, 2022
expenses, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration
through the land acquisition line item, none of the funds made
available under this heading shall be used for any project that
has not been notified to Congress through the budgetary process
or that has not been approved by the Congress through statute,
joint resolution, or in the explanatory statement accompanying
such Act and presented to the President at the time of enrollment:
Provided further, That such sums as may be necessary shall be
available to reimburse the ‘‘General Administration’’ account for
payment of salaries and expenses of all Office of Construction
and Facilities Management employees to support the full range
of capital infrastructure services provided, including minor construction and leasing services: Provided further, That funds made available under this heading for fiscal year 2023, for each approved
project shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2023; and (2) by the awarding
of a construction contract by September 30, 2024: Provided further,
That the Secretary of Veterans Affairs shall promptly submit to
the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further, That notwithstanding the requirements
of section 8104(a) of title 38, United States Code, amounts made
available under this heading for seismic improvement projects and
seismic program management activities shall be available for the
completion of both new and existing seismic projects of the Department.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Deadline.
Expenditure
plan.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 201. Any appropriation for fiscal year 2023 for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ may be transferred as necessary to any
other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed.
Approvals.
Time period.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2023, in this or any other Act, under
the ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’ accounts may be
transferred among the accounts: Provided, That any transfers
among the ‘‘Medical Services’’, ‘‘Medical Community Care’’, and
‘‘Medical Support and Compliance’’ accounts of 1 percent or less
of the total amount appropriated to the account in this or any
other Act may take place subject to notification from the Secretary
of Veterans Affairs to the Committees on Appropriations of both
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Notifications.
Approvals.
PUBL328
136 STAT. 4958
Reimbursement.
Time period.
PUBLIC LAW 117–328—DEC. 29, 2022
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ‘‘Medical Services’’,
‘‘Medical Community Care’’, and ‘‘Medical Support and Compliance’’
accounts in excess of 1 percent, or exceeding the cumulative 1
percent for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued: Provided further, That any transfers to or from the
‘‘Medical Facilities’’ account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued.
SEC. 203. Appropriations available in this title for salaries
and expenses shall be available for services authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles;
lease of a facility or land or both; and uniforms or allowances
therefore, as authorized by sections 5901 through 5902 of title
5, United States Code.
SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, Major Projects’’, and ‘‘Construction, Minor
Projects’’) shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
SEC. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the
laws providing such benefits to veterans, and persons receiving
such treatment under sections 7901 through 7904 of title 5, United
States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made
to the ‘‘Medical Services’’ account at such rates as may be fixed
by the Secretary of Veterans Affairs.
SEC. 206. Appropriations available in this title for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of fiscal
year 2022.
SEC. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a)
of title 31, United States Code, except that if such obligations
are from trust fund accounts they shall be payable only from ‘‘Compensation and Pensions’’.
(INCLUDING TRANSFER OF FUNDS)
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Reimbursement.
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SEC. 208. Notwithstanding any other provision of law, during
fiscal year 2023, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title
38, United States Code, the Veterans’ Special Life Insurance Fund
under section 1923 of title 38, United States Code, and the United
States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ‘‘General Operating
Expenses, Veterans Benefits Administration’’ and ‘‘Information
Technology Systems’’ accounts for the cost of administration of
the insurance programs financed through those accounts: Provided,
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Determination.
(INCLUDING TRANSFER OF FUNDS)
SEC. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management, Diversity and
Inclusion, the Office of Employment Discrimination Complaint Adjudication, and the Alternative Dispute Resolution function within
the Office of Human Resources and Administration for all services
provided at rates which will recover actual costs but not to exceed
$86,481,000 for the Office of Resolution Management, Diversity
and Inclusion, $6,812,000 for the Office of Employment Discrimination Complaint Adjudication, and $4,576,000 for the Alternative
Dispute Resolution function within the Office of Human Resources
and Administration: Provided, That payments may be made in
advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to the
‘‘General Administration’’ and ‘‘Information Technology Systems’’
accounts for use by the office that provided the service.
SEC. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary
may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
Disclosure.
Reimbursement.
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(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
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PUBL328
136 STAT. 4960
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Contracts.
Alaska.
Native
Americans.
Requirement.
Compliance.
Definition.
SEC. 214. Such sums as may be deposited into the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to the ‘‘Medical Services’’ and
‘‘Medical Community Care’’ accounts to remain available until
expended for the purposes of these accounts.
SEC. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State
of Alaska and Indian Tribes and Tribal organizations which are
party to the Alaska Native Health Compact with the Indian Health
Service, to provide healthcare, including behavioral health and
dental care, to veterans in rural Alaska. The Secretary shall require
participating veterans and facilities to comply with all appropriate
rules and regulations, as established by the Secretary. The term
‘‘rural Alaska’’ shall mean those lands which are not within the
boundaries of the municipality of Anchorage or the Fairbanks North
Star Borough.
(INCLUDING TRANSFER OF FUNDS)
Reports.
SEC. 216. Such sums as may be deposited into the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’ accounts,
to remain available until expended for the purposes of these
accounts.
SEC. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report
on the financial status of the Department of Veterans Affairs for
the preceding quarter: Provided, That, at a minimum, the report
shall include the direction contained in the paragraph entitled
‘‘Quarterly reporting’’, under the heading ‘‘General Administration’’
in the joint explanatory statement accompanying Public Law 114–
223.
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(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
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4961
total amount made available by this Act for the ‘‘Information Technology Systems’’ account: Provided further, That, before a transfer
may take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
Approvals.
(INCLUDING TRANSFER OF FUNDS)
SEC. 219. Of the amounts appropriated to the Department
of Veterans Affairs for fiscal year 2023 for ‘‘Medical Services’’,
‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’,
‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and ‘‘Information Technology Systems’’, up to $330,140,000, plus reimbursements,
may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571)
and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110–417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this
section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the Committees
on Appropriations of both Houses of Congress: Provided further,
That section 220 of title II of division J of Public Law 117–103
is repealed.
Notification.
Repeal.
136 Stat. 552.
(INCLUDING TRANSFER OF FUNDS)
SEC. 220. Of the amounts appropriated to the Department
of Veterans Affairs which become available on October 1, 2023,
for ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’, up to $314,825,000,
plus reimbursements, may be transferred to the Joint Department
of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111–
84; 123 Stat. 2571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500):
Provided, That additional funds may be transferred from accounts
designated in this section to the Joint Department of Defense—
Department of Veterans Affairs Medical Facility Demonstration
Fund upon written notification by the Secretary of Veterans Affairs
to the Committees on Appropriations of both Houses of Congress.
Effective date.
Notification.
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(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—
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PUBL328
136 STAT. 4962
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Notifications.
Deadlines.
Approvals.
Reports.
Data.
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Time period.
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SEC. 222. Of the amounts available in this title for ‘‘Medical
Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and
Compliance’’, and ‘‘Medical Facilities’’, a minimum of $15,000,000
shall be transferred to the DOD–VA Health Care Sharing Incentive
Fund, as authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code.
SEC. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace
the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and
equipment.
SEC. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all
bid savings in a major construction project that total at least
$5,000,000, or 5 percent of the programmed amount of the project,
whichever is less: Provided, That such notification shall occur within
14 days of a contract identifying the programmed amount: Provided
further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation
of such bid savings and shall describe the anticipated use of such
savings.
SEC. 225. None of the funds made available for ‘‘Construction,
Major Projects’’ may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless
the Secretary of Veterans Affairs receives approval from the
Committees on Appropriations of both Houses of Congress.
SEC. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each
Veterans Benefits Administration Regional Office: Provided, That,
at a minimum, the report shall include the direction contained
in the section entitled ‘‘Disability claims backlog’’, under the heading
‘‘General Operating Expenses, Veterans Benefits Administration’’
in the joint explanatory statement accompanying Public Law 114–
223: Provided further, That the report shall also include information
on the number of appeals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly
basis.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4963
SEC. 227. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses
of Congress 15 days prior to organizational changes which result
in the transfer of 25 or more full-time equivalents from one
organizational unit of the Department of Veterans Affairs to
another.
SEC. 228. The Secretary of Veterans Affairs shall provide on
a quarterly basis to the Committees on Appropriations of both
Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$1,000,000.
Notifications.
Deadline.
Time period.
Notifications.
(INCLUDING TRANSFER OF FUNDS)
SEC. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans
Health Administration, may transfer to the ‘‘Medical Services’’
account any discretionary appropriations made available for fiscal
year 2023 in this title (except appropriations made to the ‘‘General
Operating Expenses, Veterans Benefits Administration’’ account)
or any discretionary unobligated balances within the Department
of Veterans Affairs, including those appropriated for fiscal year
2023, that were provided in advance by appropriations Acts: Provided, That transfers shall be made only with the approval of
the Office of Management and Budget: Provided further, That the
transfer authority provided in this section is in addition to any
other transfer authority provided by law: Provided further, That
no amounts may be transferred from amounts that were designated
by Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such authority
to transfer may not be used unless for higher priority items, based
on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from
an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the
same purposes as originally appropriated: Provided further, That
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and receive approval
of that request.
Determinations.
Approval.
Approvals.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 230. Amounts made available for the Department of Veterans Affairs for fiscal year 2023, under the ‘‘Board of Veterans
Appeals’’ and the ‘‘General Operating Expenses, Veterans Benefits
Administration’’ accounts may be transferred between such
accounts: Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees
on Appropriations of both Houses of Congress the authority to
make the transfer and receive approval of that request.
SEC. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such
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Approvals.
PUBL328
136 STAT. 4964
Suicide hotline.
Definitions.
Study.
Time period.
Analysis.
Data.
Determinations.
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Effective date.
Time period.
Definitions.
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PUBLIC LAW 117–328—DEC. 29, 2022
instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations
of both Houses of Congress.
SEC. 232. (a) The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of title
38, United States Code—
(1) provides to individuals who contact the hotline immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action that
prohibits the Secretary of Veterans Affairs from appointing an
individual to occupy a vacant civil service position, or establishing
a new civil service position, at the Department of Veterans Affairs
with respect to such a position relating to the hotline specified
in subsection (a).
(2) In this subsection—
(A) the term ‘‘civil service’’ has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ‘‘Executive action’’ includes—
(i) any Executive order, Presidential memorandum, or
other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study
on the effectiveness of the hotline specified in subsection (a) during
the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall—
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue receiving,
mental health care who commit suicide; and
(C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide.
SEC. 233. Effective during the period beginning on October
1, 2018, and ending on January 1, 2024, none of the funds made
available to the Secretary of Veterans Affairs by this or any other
Act may be obligated or expended in contravention of the ‘‘Veterans
Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration’s Screening for Breast
Cancer Guidance’’ published on May 10, 2017, as issued by the
Veterans Health Administration National Center for Health Promotion and Disease Prevention.
SEC. 234. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of Veterans Affairs for the ‘‘Medical Services’’ account may
be used to provide—
(1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
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PUBLIC LAW 117–328—DEC. 29, 2022
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. Section 842 of Public Law 109–115 shall not apply
to conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National
Cemetery Administration to contractor performance by a business
concern that is at least 51 percent owned by one or more Indian
Tribes as defined in section 5304(e) of title 25, United States Code,
or one or more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
SEC. 237. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense
and the Secretary of Labor, shall discontinue using Social Security
account numbers to identify individuals in all information systems
of the Department of Veterans Affairs as follows:
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Contracts.
Discontinuation.
Deadlines.
38 USC note
prec. 5701.
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136 STAT. 4966
Applicability.
Time periods.
Contracts.
Time periods.
Applicability.
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Records.
Compliance.
Reports.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by
the Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system
of the Department of Veterans Affairs if and only if the use of
such number is required to obtain information the Secretary
requires from an information system that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede section
238 of division F of Public Law 116–94.
SEC. 238. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and 2024 for ‘‘Medical Services’’,
section 239 of division A of Public Law 114–223 shall apply.
SEC. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department
of Veterans Affairs may be used to transfer any amounts from
the Filipino Veterans Equity Compensation Fund to any other
account within the Department of Veterans Affairs.
SEC. 240. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and fiscal year 2024 for ‘‘Medical
Services’’, funds may be used in each year to carry out and expand
the child care program authorized by section 205 of Public Law
111–163, notwithstanding subsection (e) of such section.
SEC. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute
or claim with an individual that would restrict in any way the
individual from speaking to members of Congress or their staff
on any topic not otherwise prohibited from disclosure by Federal
law or required by Executive order to be kept secret in the interest
of national defense or the conduct of foreign affairs.
SEC. 242. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and 2024, section 258 of division
A of Public Law 114–223 shall apply.
SEC. 243. (a) None of the funds appropriated or otherwise
made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records, documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of the Inspector General to such records, documents, or other materials, under any provision of law, except a
provision of law that expressly refers to such Inspector General
and expressly limits the right of access.
(b) A department or agency covered by this section shall provide
its Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided
by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report
to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within
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PUBLIC LAW 117–328—DEC. 29, 2022
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. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may
be used in fiscal year 2023 to convert any program which received
specific purpose funds in fiscal year 2022 to a general purpose
funded program unless the Secretary of Veterans Affairs submits
written notification of any such proposal to the Committees on
Appropriations of both Houses of Congress at least 30 days prior
to any such action and an approval is issued by the Committees.
SEC. 246. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and 2024, section 248 of division
A of Public Law 114–223 shall apply.
SEC. 247. (a) None of the funds appropriated or otherwise
made available by this Act may be used to conduct research commencing on or after October 1, 2019, that uses any canine, feline,
or non-human primate unless the Secretary of Veterans Affairs
approves such research specifically and in writing pursuant to
subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after October 1, 2019, using
canines, felines, or non-human primates if the Secretary determines
that—
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an illness or injury that is combat-related; and
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement
of such research, the Secretary shall submit to the Committees
on Appropriations of the Senate and House of Representatives
a report describing—
(1) the nature of the research to be conducted using canines,
felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the Secretary
that the scientific objectives of such research could only be
met using canines, felines, or non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity, safety,
and efficacy of the research.
(d) Not later than 180 days after the date of the enactment
of this Act, and biannually thereafter, the Secretary shall submit
to such Committees a report describing—
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human primates
as of the date of the submittal of the report;
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Notifications.
Proposal.
Deadline.
Time periods.
Applicability.
Research and
development.
Effective date.
Animals.
Approval.
38 USC 303 note.
Determination.
Reports.
Reports.
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136 STAT. 4968
Plan.
Deadline.
Reports.
Assessment.
Recommendations.
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PUBLIC LAW 117–328—DEC. 29, 2022
(2) the circumstances under which such research was conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-human
primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research.
(e) The Department shall implement a plan under which the
Secretary will eliminate or reduce the research conducted using
canines, felines, or non-human primates by not later than 5 years
after the date of enactment of Public Law 116–94.
SEC. 248. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this title
to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilitation conducted under chapter
31 of title 38, United States Code, does not exceed 125 veterans
to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the programs of rehabilitation conducted under chapter 31 of title
38, United States Code, including—
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each
such program.
SEC. 249. Amounts made available for the ‘‘Veterans Health
Administration, Medical Community Care’’ account in this or any
other Act for fiscal years 2023 and 2024 may be used for expenses
that would otherwise be payable from the Veterans Choice Fund
established by section 802 of the Veterans Access, Choice, and
Accountability Act, as amended (38 U.S.C. 1701 note).
SEC. 250. Obligations and expenditures applicable to the ‘‘Medical Services’’ account in fiscal years 2017 through 2019 for aid
to state homes (as authorized by section 1741 of title 38, United
States Code) shall remain in the ‘‘Medical Community Care’’ account
for such fiscal years.
SEC. 251. Of the amounts made available for the Department
of Veterans Affairs for fiscal year 2023, in this or any other Act,
under the ‘‘Veterans Health Administration—Medical Services’’,
‘‘Veterans Health Administration—Medical Community Care’’, ‘‘Veterans Health Administration—Medical Support and Compliance’’,
and ‘‘Veterans Health Administration—Medical Facilities’’ accounts,
$840,446,000 shall be made available for gender-specific care and
programmatic efforts to deliver care for women veterans.
SEC. 252. Of the unobligated balances available in fiscal year
2023 in the ‘‘Recurring Expenses Transformational Fund’’ established in section 243 of division J of Public Law 114–113, and
in addition to any funds otherwise made available for such purposes
in this, prior, or subsequent fiscal years, the following amounts
shall be available for the following purposes during the period
of availability of the Fund:
(1) $804,510,000, for constructing, altering, extending, and
improving medical facilities of the Veterans Health Administration, including all supporting activities and required contingencies;
(2) $88,490,000, for facilities improvements at existing medical facilities of the Veterans Health Administration; and
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PUBLIC LAW 117–328—DEC. 29, 2022
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 prior to obligation of any of the funds provided
in this subsection, the Secretary of Veterans Affairs must provide
a plan for the execution of the funds appropriated in this subsection
to the Committees on Appropriations of both Houses of Congress
and such Committees issue an approval, or absent a response,
a period of 30 days has elapsed: Provided further, That funds
may be reprogrammed among the three purposes subject to the
Secretary of Veterans Affairs providing a request with the amount
and purpose of the reprogramming to the Committees on Appropriations of both Houses of Congress and such Committees issuing
an approval, or absent a response, a period of 30 days has elapsed.
SEC. 253. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly report on the status of the ‘‘Veterans Medical Care and Health
Fund’’, established to execute section 8002 of the American Rescue
Plan Act of 2021 (Public Law 117–2): Provided, That, at a minimum,
the report shall include an update on obligations by program, project
or activity and a plan for expending the remaining funds: Provided
further, That the Secretary of Veterans Affairs must submit notification of any plans to reallocate funds from the current apportionment
categories of ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’,
‘‘Medical Facilities’’, ‘‘Medical Community Care’’, or ‘‘Medical and
Prosthetic Research’’, including the amount and purpose of each
reallocation to the Committees on Appropriations of both Houses
of Congress and such Committees issue an approval, or absent
a response, a period of 30 days has elapsed.
SEC. 254. Any amounts transferred to the Secretary and
administered by a corporation referred to in section 7364(b) of
title 38, United States Code, between October 1, 2017 and September 30, 2018 for purposes of carrying out an order placed with
the Department of Veterans Affairs pursuant to section 1535 of
title 31, United States Code, that are available for obligation pursuant to section 7364(b)(1) of title 38, United States Code, are to
remain available for the liquidation of valid obligations incurred
by such corporation during the period of performance of such order,
provided that the Secretary of Veterans Affairs determines that
such amounts need to remain available for such liquidation.
Execution plan.
Approvals.
Time period.
Reprogramming
request.
Approvals.
Time period.
Reports.
Update.
Expenditure
plan.
Notification.
Reallocation
plan.
Approvals.
Time period.
Time period.
Determination.
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(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.
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136 STAT. 4970
Reports.
Analysis.
Rural and urban
areas.
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 256. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs hospitals, domiciliaries, or clinics, conduct an environmental assessment, or to
diminish healthcare services at existing Veterans Health Administration medical facilities as part of a planned realignment of services
until the Secretary provides to the Committees on Appropriations
of both Houses of Congress a report including an analysis of how
any such planned realignment of services will impact access to
care for veterans living in rural or highly rural areas, including
travel distances and transportation costs to access a Department
medical facility and availability of local specialty and primary care.
(RESCISSION OF FUNDS)
Obligation
request.
Approvals.
Time period.
Notice.
SEC. 257. Of the unobligated balances in the ‘‘Recurring
Expenses Transformational Fund’’ established in section 243 of
division J of Public Law 114–113, $90,874,000 is hereby rescinded.
SEC. 258. Unobligated balances available under the headings
‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’
may be obligated by the Secretary of Veterans Affairs for a facility
pursuant to section 2(e)(1) of the Communities Helping Invest
through Property and Improvements Needed for Veterans Act of
2016 (Public Law 114–294; 38 U.S.C. 8103 note), as amended,
to provide additional funds or to fund an escalation clause under
such section of such Act: Provided, That before such unobligated
balances are obligated pursuant to this section, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to obligate such
unobligated balances and such Committees issue an approval, or
absent a response, a period of 30 days has elapsed: Provided further,
That the request to obligate such unobligated balances must provide
Congress notice that the entity described in section 2(a)(2) of Public
Law 114–294, as amended, has exhausted available cost containment approaches as set forth in the agreement under section 2(c)
of such Public Law.
TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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—
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136 STAT. 4972
PUBLIC LAW 117–328—DEC. 29, 2022
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
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GENERAL PROVISIONS
Web posting.
Public
information.
Reports.
Determination.
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SEC. 401. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 402. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 403. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices
and public service activities.
SEC. 404. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on
Military Construction and Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of Representatives
and the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations
of the Senate.
SEC. 405. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other appropriations Act.
SEC. 406. None of the funds made available in this Act may
be used for a project or program named for an individual serving
as a Member, Delegate, or Resident Commissioner of the United
States House of Representatives.
SEC. 407. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
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PUBLIC LAW 117–328—DEC. 29, 2022
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 head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
SEC. 408. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 409. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for firstclass travel by an employee of the agency in contravention of
sections 301–10.122 through 301–10.124 of title 41, Code of Federal
Regulations.
SEC. 410. None of the funds made available in this Act may
be used to execute a contract for goods or services, including
construction services, where the contractor has not complied with
Executive Order No. 12989.
SEC. 411. None of the funds made available by this Act may
be used in contravention of section 101(e)(8) of title 10, United
States Code.
SEC. 412. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility
in the United States, its territories, or possessions to house any
individual detained at United States Naval Station, Guanta´namo
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,
Guanta´namo 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,
Guanta´namo 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, Guanta´namo Bay, Cuba.
This division may be cited as the ‘‘Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023’’.
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Time period.
Pornography.
Contracts.
Detainees.
Cuba.
PUBL328
136 STAT. 4974
PUBLIC LAW 117–328—DEC. 29, 2022
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS
ACT, 2023
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT
ADMINISTRATION
OF
OF
STATE
FOREIGN AFFAIRS
DIPLOMATIC PROGRAMS
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Allocations.
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For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,463,159,000, of which
$844,418,000 may remain available until September 30, 2024, and
of which up to $3,813,707,000 may remain available until expended
for Worldwide Security Protection: Provided, That funds made available under this heading shall be allocated in accordance with paragraphs (1) through (4), as follows:
(1) HUMAN RESOURCES.—For necessary expenses for
training, human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed $700,000),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948 (62 Stat. 11; Chapter
36), $3,420,898,000, of which up to $684,767,000 is for Worldwide Security Protection.
(2) OVERSEAS PROGRAMS.—For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,841,831,000.
(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary
expenses for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation, and disarmament activities as authorized, $1,043,372,000.
(4) SECURITY PROGRAMS.—For necessary expenses for security activities, $3,157,058,000, of which up to $3,128,940,000
is for Worldwide Security Protection.
(5) FEES AND PAYMENTS COLLECTED.—In addition to
amounts otherwise made available under this heading—
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures,
and publication programs and from fees from educational
advising and counseling and exchange visitor programs;
and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair
House facilities.
(6) TRANSFER OF FUNDS, REPROGRAMMING, AND OTHER MATTERS.—
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PUBLIC LAW 117–328—DEC. 29, 2022
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 the exercise of the authority provided by
this subparagraph shall be subject to prior consultation
with the Committees on Appropriations.
(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger
motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(D) Funds appropriated under this heading shall be
made available to support the activities of the Ambassadorat-Large for the Arctic Region, as described in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(E) Of the amount made available under this heading,
up to $75,000,000 may be transferred to, and merged with,
funds made available in title I of this Act under the heading
‘‘Capital Investment Fund’’: Provided, That the exercise
of the authority provided by this subparagraph shall be
subject to prior consultation with the Committees on Appropriations.
(F) The eleventh proviso under the heading ‘‘Diplomatic
and Consular Programs’’ in the Department of State, Foreign Operations, and Related Programs Appropriations Act,
2008 (title I of division J of Public Law 110–161) is
amended by inserting ‘‘and for expenses of rewards programs’’ after ‘‘for rewards payments’’.
(G) Consistent with section 204 of the Admiral James
W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 2452b),
up to $25,000,000 of the amounts made available under
this heading may be obligated and expended for United
States participation in international fairs and expositions
abroad, including for construction and operation of a United
States pavilion at Expo 2025.
(H) Of the funds appropriated under this heading,
not less than $2,000,000 shall be made available for a
grant to a postsecondary educational institution for the
purpose of establishing a program to increase the participation of undergraduate students in the Foreign Service,
as authorized by section 150 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C.
2719): Provided, That such grant program shall hereafter
be named the ‘‘Nancy Pelosi Fellowship Program’’.
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Consultation.
Contracts.
Consultation.
22 USC 2706a.
22 USC 2719
note.
PUBL328
136 STAT. 4976
PUBLIC LAW 117–328—DEC. 29, 2022
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
Fellowships and
scholarships.
Consultation.
Consultation.
Notification.
For necessary expenses of educational and cultural exchange
programs, as authorized, $777,500,000, to remain available until
expended, of which not less than $287,500,000 shall be for the
Fulbright Program and not less than $115,000,000 shall be for
Citizen Exchange Program: Provided, That fees or other payments
received from, or in connection with, English teaching, educational
advising and counseling programs, and exchange visitor programs
as authorized may be credited to this account, to remain available
until expended: Provided further, That a portion of the Fulbright
awards from the Eurasia and Central Asia regions shall be designated as Edmund S. Muskie Fellowships, following consultation
with the Committees on Appropriations: Provided further, That
funds appropriated under this heading that are made available
for the Benjamin Gilman International Scholarships Program shall
also be made available for the John S. McCain Scholars Program,
pursuant to section 7075 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division
F of Public Law 116–6): Provided further, That funds appropriated
under this heading shall be made available for the Arctic Exchange
Program: Provided further, That any substantive modifications from
the prior fiscal year to programs funded by this Act under this
heading shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
REPRESENTATION EXPENSES
For representation expenses as authorized, $7,415,000.
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized, $158,900,000.
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PUBL328
136 STAT. 4978
PUBLIC LAW 117–328—DEC. 29, 2022
INTERNATIONAL ORGANIZATIONS
22 USC 269a
note.
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
United Nations.
Notifications.
Budget.
Time period.
Effective date.
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions, or specific Acts of Congress,
$1,438,000,000, of which $96,240,000 may remain available until
September 30, 2024: Provided, That the Secretary of State shall,
at the time of the submission of the President’s budget to Congress
under section 1105(a) of title 31, United States Code, transmit
to the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of the
United Nations: Provided further, That the Secretary of State shall
notify the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in
the United Nations budget: Provided further, That any payment
of arrearages under this heading shall be directed to activities
that are mutually agreed upon by the United States and the respective international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That none of the funds appropriated under this
heading shall be available for a United States contribution to an
international organization for the United States share of interest
costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
United Nations.
Time period.
Notification.
Cost estimates.
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Certification.
Reports.
Human rights.
Public
information.
Web posting.
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For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $1,481,915,000,
of which $740,958,000 may remain available until September 30,
2024: Provided, That none of the funds made available by this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for such mission in the United Nations Security Council
(or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified of: (1) the estimated cost and
duration of the mission, the objectives of the mission, the national
interest that will be served, and the exit strategy; and (2) the
sources of funds, including any reprogrammings or transfers, that
will be used to pay the cost of the new or expanded mission,
and the estimated cost in future fiscal years: Provided further,
That none of the funds appropriated under this heading may be
made available for obligation unless the Secretary of State certifies
and reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is implementing
effective policies and procedures to prevent United Nations
employees, contractor personnel, and peacekeeping troops serving
in such mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of sexual exploitation and abuse
or other violations of human rights, and to hold accountable individuals who engage in such acts while participating in such mission,
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the Secretary of State
shall work with the United Nations and foreign governments
contributing peacekeeping troops to implement effective vetting
procedures to ensure that such troops have not violated human
rights: Provided further, That funds shall be available for peacekeeping expenses unless the Secretary of State determines that
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given
to foreign manufacturers and suppliers: Provided further, That none
of the funds appropriated or otherwise made available under this
heading may be used for any United Nations peacekeeping mission
that will involve United States Armed Forces under the command
or operational control of a foreign national, unless the President’s
military advisors have submitted to the President a recommendation that such involvement is in the national interest of the United
States and the President has submitted to Congress such a recommendation: Provided further, That any payment of arrearages
with funds appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations.
INTERNATIONAL COMMISSIONS
Procedures.
Human rights.
Determination.
President.
Recommendations.
Notification.
22 USC 269a
note.
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation expenses,
as follows:
Compliance.
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.
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CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $53,030,000, to remain available until expended, as authorized: Provided, That of the funds appropriated under this heading
in this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs for the United
States Section, up to $5,000,000 may be transferred to, and merged
with, funds appropriated under the heading ‘‘Salaries and
Expenses’’ to carry out the purposes of the United States Section,
which shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided further, That such transfer authority is in addition to any
other transfer authority provided in this Act.
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Transfer
authority.
Notification.
PUBL328
136 STAT. 4980
PUBLIC LAW 117–328—DEC. 29, 2022
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
Allocations.
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Notification.
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For necessary expenses to enable the United States Agency
for Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for
radio, Internet, and television broadcasting to the Middle East,
$875,000,000, of which $43,750,000 may remain available until
September 30, 2024: Provided, That in addition to amounts otherwise available for such purposes, up to $60,708,000 of the amount
appropriated under this heading may remain available until
expended for satellite transmissions and Internet freedom programs, of which not less than $40,000,000 shall be for Internet
freedom programs: Provided further, That of the total amount appropriated under this heading, not to exceed $35,000 may be used
for representation expenses, of which $10,000 may be used for
such expenses within the United States as authorized, and not
to exceed $30,000 may be used for representation expenses of Radio
Free Europe/Radio Liberty: Provided further, That funds appropriated under this heading shall be allocated in accordance with
the table included under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That notwithstanding the previous proviso, funds may be reprogrammed within and between
amounts designated in such table, subject to the regular notification
procedures of the Committees on Appropriations, except that no
such reprogramming may reduce a designated amount by more
than 5 percent: Provided further, That funds appropriated under
this heading shall be made available in accordance with the principles and standards set forth in section 303(a) and (b) of the
United States International Broadcasting Act of 1994 (22 U.S.C.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4981
6202) and section 305(b) of such Act (22 U.S.C. 6204): Provided
further, That the USAGM Chief Executive Officer shall notify the
Committees on Appropriations within 15 days of any determination
by the USAGM that any of its broadcast entities, including its
grantee organizations, provides an open platform for international
terrorists or those who support international terrorism, or is in
violation of the principles and standards set forth in section 303(a)
and (b) of such Act or the entity’s journalistic code of ethics: Provided further, That in addition to funds made available under
this heading, and notwithstanding any other provision of law, up
to $5,000,000 in receipts from advertising and revenue from business ventures, up to $500,000 in receipts from cooperating international organizations, and up to $1,000,000 in receipts from
privatization efforts of the Voice of America and the International
Broadcasting Bureau, shall remain available until expended for
carrying out authorized purposes: Provided further, That significant
modifications to USAGM broadcast hours previously justified to
Congress, including changes to transmission platforms (shortwave,
medium wave, satellite, Internet, and television), for all USAGM
language services shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That
up to $5,000,000 from the USAGM Buying Power Maintenance
account may be transferred to, and merged with, funds appropriated
by this Act under the heading ‘‘International Broadcasting Operations’’, which shall remain available until expended: Provided further, That such transfer authority is in addition to any transfer
authority otherwise available under any other provision of law
and shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
Notification.
Deadline.
Determination.
Terrorism.
Notification.
Transfer
authority.
Consultation.
Notification.
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.
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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.
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136 STAT. 4982
PUBLIC LAW 117–328—DEC. 29, 2022
CENTER
FOR
MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
For necessary expenses of the Center for Middle EasternWestern 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
Salaries.
Contracts.
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2023, to remain
available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by section 5376 of title 5, United
States Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations, including
the restrictions on compensation for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452
note), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2023, to remain available
until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in
the State of Hawaii, $22,000,000.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 4983
OTHER COMMISSIONS
COMMISSION
FOR THE
PRESERVATION
ABROAD
OF
AMERICA’S HERITAGE
SALARIES AND EXPENSES
For necessary expenses for the Commission for the Preservation
of America’s Heritage Abroad, $819,000, as authorized by chapter
3123 of title 54, United States Code: Provided, That the Commission
may procure temporary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter: Provided further, That such authority shall terminate on October 1,
2023: Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such authority.
Contracts.
Termination
date.
Notification.
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
REPUBLIC OF CHINA
ON THE
PEOPLE’S
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
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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
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PUBL328
136 STAT. 4984
Extension.
Applicability.
PUBLIC LAW 117–328—DEC. 29, 2022
September 30, 2024: Provided, That the authorities, requirements,
limitations, and conditions contained in the second through fifth
provisos under this heading in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall continue in effect during
fiscal year 2023 and shall apply to funds appropriated under this
heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED
TO THE
PRESIDENT
OPERATING EXPENSES
Contracts.
Reports.
Contracts.
Time period.
Transfer
authority.
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $1,743,350,000, of which
up to $261,503,000 may remain available until September 30, 2024:
Provided, That none of the funds appropriated under this heading
and under the heading ‘‘Capital Investment Fund’’ in this title
may be made available to finance the construction (including
architect and engineering services), purchase, or long-term lease
of offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified such
proposed use of funds in a report submitted to the Committees
on Appropriations at least 15 days prior to the obligation of funds
for such purposes: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may entail
commitments for the expenditure of such funds through the following fiscal year: Provided further, That the authority of sections
610 and 109 of the Foreign Assistance Act of 1961 may be exercised
by the Secretary of State to transfer funds appropriated to carry
out chapter 1 of part I of such Act to ‘‘Operating Expenses’’ in
accordance with the provisions of those sections: Provided further,
That of the funds appropriated or made available under this
heading, not to exceed $250,000 may be available for representation
and entertainment expenses, of which not to exceed $5,000 may
be available for entertainment expenses, and not to exceed $100,500
shall be for official residence expenses, for USAID during the current fiscal year: Provided further, That of the funds appropriated
under this heading, up to $20,000,000 may be transferred to, and
merged with, funds appropriated or otherwise made available in
title II of this Act under the heading ‘‘Capital Investment Fund’’,
subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
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CAPITAL INVESTMENT FUND
Notification.
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For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $259,100,000, to remain
available until expended: Provided, That this amount is in addition
to funds otherwise available for such purposes: Provided further,
That funds appropriated under this heading shall be available
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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:
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GLOBAL HEALTH PROGRAMS
For necessary expenses to carry out the provisions of chapters
1 and 10 of part I of the Foreign Assistance Act of 1961, for
global health activities, in addition to funds otherwise available
for such purposes, $4,165,950,000, to remain available until September 30, 2024, and which shall be apportioned directly to the
United States Agency for International Development: Provided,
That this amount shall be made available for training, equipment,
and technical assistance to build the capacity of public health
institutions and organizations in developing countries, and for such
activities as: (1) child survival and maternal health programs; (2)
immunization and oral rehydration programs; (3) other health,
nutrition, water and sanitation programs which directly address
the needs of mothers and children, and related education programs;
(4) assistance for children displaced or orphaned by causes other
than AIDS; (5) programs for the prevention, treatment, control
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS,
including children infected or affected by AIDS; (6) disaster
preparedness training for health crises; (7) programs to prevent,
prepare for, and respond to unanticipated and emerging global
health threats, including zoonotic diseases; and (8) family planning/
reproductive health: Provided further, That funds appropriated
under this paragraph may be made available for United States
contributions to The GAVI Alliance and to a multilateral vaccine
development partnership to support epidemic preparedness: Provided further, That none of the funds made available in this Act
nor any unobligated balances from prior appropriations Acts may
be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That any determination
made under the previous proviso must be made not later than
6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
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Apportionment.
HIV/AIDS.
Tuberculosis.
Polio.
Malaria.
Zoonotic
diseases.
Determination.
President.
Abortion.
Deadline.
PUBL328
136 STAT. 4986
Abortion.
Lobbying.
Abortion.
Family planning.
Requirements.
Determination.
Reports.
Grants.
Discrimination.
Compliance.
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Definition.
Condoms.
VerDate Sep 11 2014
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PUBLIC LAW 117–328—DEC. 29, 2022
determination: Provided further, That none of the funds made available under this Act may be used to pay for the performance of
abortion as a method of family planning or to motivate or coerce
any person to practice abortions: Provided further, That nothing
in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That none of the funds
made available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only to
voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range
of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall
not implement or be subject to quotas, or other numerical targets,
of total number of births, number of family planning acceptors,
or acceptors of a particular method of family planning (this provision
shall not be construed to include the use of quantitative estimates
or indicators for budgeting and planning purposes); (2) the project
shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family
planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence
of any individual’s decision not to accept family planning services;
(4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method
chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to
be consequent to the use of the method; and (5) the project shall
ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which the
USAID Administrator determines that there has been a violation
of the requirements contained in paragraph (1), (2), (3), or (5)
of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator
shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants
for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because
of such applicant’s religious or conscientious commitment to offer
only natural family planning; and, additionally, all such applicants
shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act authorizing
or appropriating funds for the Department of State, foreign operations, and related programs, the term ‘‘motivate’’, as it relates
to family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $6,395,000,000, to
remain available until September 30, 2027, which shall be apportioned directly to the Department of State: Provided, That funds
appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (Public Law 108–25), for a United States contribution to
the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global
Fund): Provided further, That the amount of such contribution
shall be $2,000,000,000: Provided further, That up to 5 percent
of the aggregate amount of funds made available to the Global
Fund in fiscal year 2023 may be made available to USAID for
technical assistance related to the activities of the Global Fund,
subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That of the funds appropriated
under this paragraph, up to $17,000,000 may be made available,
in addition to amounts otherwise available for such purposes, for
administrative expenses of the Office of the United States Global
AIDS Coordinator.
Apportionment.
Notification.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of sections
103, 105, 106, 214, and sections 251 through 255, and chapter
10 of part I of the Foreign Assistance Act of 1961, $4,368,613,000,
to remain available until September 30, 2024: Provided, That funds
made available under this heading shall be apportioned to the
United States Agency for International Development.
Apportionment.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $3,905,460,000,
to remain available until expended: Provided, That funds made
available under this heading shall be apportioned to the United
States Agency for International Development not later than 60
days after the date of enactment of this Act.
Apportionment.
Deadline.
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TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development, pursuant to section 491 of the Foreign Assistance Act of
1961, and to support transition to democracy and long-term development of countries in crisis, $80,000,000, to remain available until
expended: Provided, That such support may include assistance to
develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the USAID Administrator
shall submit a report to the Committees on Appropriations at
least 5 days prior to beginning a new, or terminating a, program
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Reports.
PUBL328
136 STAT. 4988
Determination.
Consultation.
PUBLIC LAW 117–328—DEC. 29, 2022
of assistance: Provided further, That if the Secretary of State determines that it is important to the national interest of the United
States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I
of the Foreign Assistance Act of 1961 may be used for purposes
of this heading and under the authorities applicable to funds appropriated under this heading: Provided further, That funds made
available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
COMPLEX CRISES FUND
Apportionment.
For necessary expenses to carry out the provisions of section
509(b) of the Global Fragility Act of 2019 (title V of division J
of Public Law 116–94), $60,000,000, to remain available until
expended: Provided, That funds appropriated under this heading
may be made available notwithstanding any other provision of
law, except sections 7007, 7008, and 7018 of this Act and section
620M of the Foreign Assistance Act of 1961: Provided further,
That funds appropriated under this heading shall be apportioned
to the United States Agency for International Development.
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $4,301,301,000,
to remain available until September 30, 2024.
DEMOCRACY FUND
Consultation.
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5)
of Public Law 98–164 (22 U.S.C. 4411), $222,450,000, to remain
available until September 30, 2024, which shall be made available
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of State: Provided, That funds appropriated under this heading that are made
available to the National Endowment for Democracy and its core
institutes are in addition to amounts otherwise made available
by this Act for such purposes: Provided further, That the Assistant
Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations prior
to the initial obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $133,250,000,
to remain available until September 30, 2024, which shall be made
available for the Bureau for Development, Democracy, and Innovation, United States Agency for International Development.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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 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’’.
Transfer
authority.
INDEPENDENT AGENCIES
PEACE CORPS
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(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
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PUBL328
136 STAT. 4990
Consultation.
Abortions.
Applicability.
PUBLIC LAW 117–328—DEC. 29, 2022
$7,300,000 is for the Office of Inspector General, to remain available
until September 30, 2024: Provided, That the Director of the Peace
Corps may transfer to the Foreign Currency Fluctuations Account,
as authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further, That
funds transferred pursuant to the previous proviso may not be
derived from amounts made available for Peace Corps overseas
operations: Provided further, That of the funds appropriated under
this heading, not to exceed $104,000 may be available for representation expenses, of which not to exceed $4,000 may be made available for entertainment expenses: Provided further, That in addition
to the requirements under section 7015(a) of this Act, the Peace
Corps shall consult with the Committees on Appropriations prior
to any decision to open, close, or suspend a domestic or overseas
office or a country program unless there is a substantial risk to
volunteers or other Peace Corps personnel: Provided further, That
none of the funds appropriated under this heading shall be used
to pay for abortions: Provided further, That notwithstanding the
previous proviso, section 614 of division E of Public Law 113–
76 shall apply to funds appropriated under this heading.
MILLENNIUM CHALLENGE CORPORATION
Applicability.
For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$930,000,000, to remain available until expended: Provided, That
of the funds appropriated under this heading, up to $130,000,000
may be available for administrative expenses of the Millennium
Challenge Corporation: Provided further, That section 605(e) of
the MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated
under this heading: Provided further, That funds appropriated
under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the MCA
(22 U.S.C. 7708) only if such Compact obligates, or contains a
commitment to obligate subject to the availability of funds and
the mutual agreement of the parties to the Compact to proceed,
the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided further, That
of the funds appropriated under this heading, not to exceed $100,000
may be available for representation and entertainment expenses,
of which not to exceed $5,000 may be available for entertainment
expenses.
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the InterAmerican 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.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That notwithstanding section 505(a)(2) of the
African Development Foundation Act (22 U.S.C. 290h–3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by
up to 10 percent if the increase is due solely to foreign currency
fluctuation: Provided further, That the USADF shall submit a report
to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF
may make rent or lease payments in advance from appropriations
available for such purpose for offices, buildings, grounds, and quarters in Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest earned
on such accounts, in furtherance of the purposes of the African
Development Foundation Act: Provided further, That the USADF
may not withdraw any appropriation from the Treasury prior to
the need of spending such funds for program purposes.
DEPARTMENT
OF THE
Waiver authority.
Reports.
Payments.
TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $38,000,000, to remain
available until expended, of which not more than $9,500,000 may
be used for administrative expenses: Provided, That amounts made
available under this heading may be made available to contract
for services as described in section 129(d)(3)(A) of the Foreign
Assistance Act of 1961, without regard to the location in which
such services are performed.
Contracts.
DEBT RESTRUCTURING
For ‘‘Bilateral Economic Assistance—Department of the
Treasury—Debt Restructuring’’ there is appropriated $52,000,000,
to remain available until September 30, 2026, for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of modifying loans and loan guarantees for, or credits extended
to, such countries as the President may determine, including the
costs of selling, reducing, or canceling amounts owed to the United
States pursuant to multilateral debt restructurings, including Paris
Club debt restructurings and the ‘‘Common Framework for Debt
Treatments beyond the Debt Service Suspension Initiative’’: Provided, That such amounts may be used notwithstanding any other
provision of law.
President.
Determination.
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TROPICAL FOREST AND CORAL REEF CONSERVATION
For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
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President.
Determination.
PUBL328
136 STAT. 4992
PUBLIC LAW 117–328—DEC. 29, 2022
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
Notifications.
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,391,004,000, to remain available until
September 30, 2024: Provided, That the Department of State may
use the authority of section 608 of the Foreign Assistance Act
of 1961, without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject to
the regular notification procedures of the Committees on Appropriations: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under
this heading, except that any funds made available notwithstanding
such section shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That funds
appropriated under this heading shall be made available to support
training and technical assistance for foreign law enforcement,
corrections, judges, and other judicial authorities, utilizing regional
partners: Provided further, That funds made available under this
heading that are transferred to another department, agency, or
instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess
of $5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That funds
made available under this heading for Program Development and
Support may be made available notwithstanding pre-obligation
requirements contained in this Act, except for the notification
requirements of section 7015.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That funds made available
under this heading for the Nonproliferation and Disarmament Fund
shall be made available, notwithstanding any other provision of
law and subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, to promote
bilateral and multilateral activities relating to nonproliferation,
disarmament, and weapons destruction, and shall remain available
until expended: Provided further, That such funds may also be
used for such countries other than the Independent States of the
former Soviet Union and international organizations when it is
in the national security interest of the United States to do so:
Provided further, That funds appropriated under this heading may
be made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to participate in
the activities of that Agency: Provided further, That funds made
available for conventional weapons destruction programs, including
demining and related activities, in addition to funds otherwise
available for such purposes, may be used for administrative
expenses related to the operation and management of such programs and activities, subject to the regular notification procedures
of the Committees on Appropriations.
Notification.
Determination.
Israel.
Notification.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $460,759,000, of which
$330,000,000 may remain available until September 30, 2024: Provided, That funds appropriated under this heading may be used,
notwithstanding section 660 of the Foreign Assistance Act of 1961,
to provide assistance to enhance the capacity of foreign civilian
security forces, including gendarmes, to participate in peacekeeping
operations: Provided further, That of the funds appropriated under
this heading, not less than $25,000,000 shall be made available
for a United States contribution to the Multinational Force and
Observers mission in the Sinai: Provided further, That funds appropriated under this heading may be made available to pay assessed
expenses of international peacekeeping activities in Somalia under
the same terms and conditions, as applicable, as funds appropriated
by this Act under the heading ‘‘Contributions for International
Peacekeeping Activities’’: Provided further, That funds appropriated
under this heading shall be subject to the regular notification
procedures of the Committees on Appropriations.
FUNDS APPROPRIATED
TO THE
Notification.
PRESIDENT
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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
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136 STAT. 4994
PUBLIC LAW 117–328—DEC. 29, 2022
improved civil-military relations, civilian control of the military,
or respect for human rights: Provided further, That of the funds
appropriated under this heading, $3,000,000 shall remain available
until expended to increase the participation of women in programs
and activities funded under this heading, following consultation
with the Committees on Appropriations: Provided further, That
of the funds appropriated under this heading, not to exceed $50,000
may be available for entertainment expenses.
Consultation.
FOREIGN MILITARY FINANCING PROGRAM
Consultation.
Notification.
Contracts.
Apportionment.
Contracts.
Notification.
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Notification.
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For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act (22 U.S.C. 2763), $6,053,049,000: Provided, That to expedite
the provision of assistance to foreign countries and international
organizations, the Secretary of State, following consultation with
the Committees on Appropriations and subject to the regular
notification procedures of such Committees, may use the funds
appropriated under this heading to procure defense articles and
services to enhance the capacity of foreign security forces: Provided
further, That funds appropriated or otherwise made available under
this heading shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further,
That funds made available under this heading shall be obligated
upon apportionment in accordance with paragraph (5)(C) of section
1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurement
has first signed an agreement with the United States Government
specifying the conditions under which such procurement may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided further,
That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That a country that is a member
of the North Atlantic Treaty Organization (NATO) or is a major
non-NATO ally designated by section 517(b) of the Foreign Assistance Act of 1961 may utilize funds made available under this
heading for procurement of defense articles, defense services, or
design and construction services that are not sold by the United
States Government under the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That not more
than $70,000,000 of the funds appropriated under this heading
may be obligated for necessary expenses, including the purchase
of passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded
only through the regular notification procedures of the Committees
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Notification.
TITLE V
MULTILATERAL ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, $508,600,000: Provided,
That section 307(a) of the Foreign Assistance Act of 1961 shall
not apply to contributions to the United Nations Democracy Fund:
Provided further, That not later than 60 days after the date of
enactment of this Act, such funds shall be made available for
core contributions for each entity listed in the table under this
heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) unless
otherwise provided for in this Act, or if the Secretary of State
has justified to the Committees on Appropriations the proposed
uses of funds other than for core contributions following prior
consultation with, and subject to the regular notification procedures
of, such Committees.
Deadline.
Consultation.
Notification.
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.
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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.
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PUBL328
136 STAT. 4996
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
Contracts.
PROGRAM ACCOUNT
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year
may be used to make expenditures, contracts, or commitments
for the export of nuclear equipment, fuel, or technology to any
country, other than a nuclear-weapon state as defined in Article
IX of the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under this Act,
that has detonated a nuclear explosive after the date of enactment
of this Act.
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ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by section 3109 of title
5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of
Directors, not to exceed $125,000,000, of which up to $18,750,000
may remain available until September 30, 2024: Provided, That
the Export-Import Bank (the Bank) may accept, and use, payment
or services provided by transaction participants for legal, financial,
or technical services in connection with any transaction for which
an application for a loan, guarantee or insurance commitment has
been made: Provided further, That notwithstanding subsection (b)
of section 117 of the Export Enhancement Act of 1992, subsection
(a) of such section shall remain in effect until September 30, 2023:
Provided further, That the Bank shall charge fees for necessary
expenses (including special services performed on a contract or
fee basis, but not including other personal services) in connection
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Extension.
12 USC 635a
note.
Fees.
PUBL328
136 STAT. 4998
PUBLIC LAW 117–328—DEC. 29, 2022
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
Disbursement.
Loans.
Grants.
Time periods.
For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-Import
Bank Act of 1945, as amended, not to exceed $15,000,000, to remain
available until September 30, 2026: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That such funds shall remain available until September
30, 2038, for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 2023 through
2026.
RECEIPTS COLLECTED
Reduction.
Receipts collected pursuant to the Export-Import Bank Act
of 1945 (Public Law 79–173) and the Federal Credit Reform Act
of 1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
Provided, That the sums herein appropriated from the General
Fund shall be reduced on a dollar-for-dollar basis by such offsetting
collections so as to result in a final fiscal year appropriation from
the General Fund estimated at $0.
UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $5,583,000, to remain available until September
30, 2024.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior consultation with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations: Provided further, That funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations, and related programs for support by the Corporation in
upper-middle income countries shall be subject to prior consultation
with the Committees on Appropriations: Provided further, That
in fiscal year 2023 collections of amounts described in section
1434(h) of the BUILD Act of 2018 shall be credited as offsetting
collections to this appropriation: Provided further, That such collections collected in fiscal year 2023 in excess of $1,000,000,000 shall
be credited to this account and shall be available in future fiscal
years only to the extent provided in advance in appropriations
Acts: Provided further, That in fiscal year 2023, if such collections
are less than $1,000,000,000, receipts collected pursuant to the
BUILD Act of 2018 and the Federal Credit Reform Act of 1990,
in an amount equal to such shortfall, shall be credited as offsetting
collections to this appropriation: Provided further, That funds appropriated or otherwise made available under this heading may not
be used to provide any type of assistance that is otherwise prohibited by any other provision of law or to provide assistance to
any foreign country that is otherwise prohibited by any other provision of law: Provided further, That the sums herein appropriated
from the General Fund shall be reduced on a dollar-for-dollar basis
by the offsetting collections described under this heading so as
to result in a final fiscal year appropriation from the General
Fund estimated at $588,000,000.
Consultation.
Collections.
Reduction.
Loans.
PROGRAM ACCOUNT
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Consultation.
Notification.
Amounts paid from ‘‘United States International Development
Finance Corporation—Corporate Capital Account’’ (CCA) shall
remain available until September 30, 2025: Provided, That amounts
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PUBL328
136 STAT. 5000
Disbursement.
Time periods.
Time period.
PUBLIC LAW 117–328—DEC. 29, 2022
paid to this account from CCA or transferred to this account pursuant to section 1434(j) of the BUILD Act of 2018 (division F of
Public Law 115–254) shall be available for the costs of direct and
guaranteed loans provided by the Corporation pursuant to section
1421(b) of such Act and the costs of modifying loans and loan
guarantees transferred to the Corporation pursuant to section 1463
of such Act: Provided further, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
amounts obligated in a fiscal year shall remain available for
disbursement for the following 8 fiscal years: Provided further,
That funds made available in this Act and transferred to carry
out the Foreign Assistance Act of 1961 pursuant to section 1434(j)
of the BUILD Act of 2018 may remain available for obligation
for 1 additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed
$8,000,000,000.
TRADE
AND
DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $87,000,000, to remain
available until September 30, 2024, of which no more than
$21,000,000 may be used for administrative expenses: Provided,
That of the funds appropriated under this heading, not more than
$5,000 may be available for representation and entertainment
expenses.
TITLE VII
GENERAL PROVISIONS
ALLOWANCES AND DIFFERENTIALS
SEC. 7001. Funds appropriated under title I of this Act shall
be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and
for hire of passenger transportation pursuant to section 1343(b)
of title 31, United States Code.
UNOBLIGATED BALANCES REPORT
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Time periods.
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SEC. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances
and obligated, but unexpended, balances by program, project, and
activity, and Treasury Account Fund Symbol of all funds received
by such department or agency in fiscal year 2023 or any previous
fiscal year, disaggregated by fiscal year: Provided, That the report
required by this section shall be submitted not later than 30 days
after the end of each fiscal quarter and should specify by account
the amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5001
CONSULTING SERVICES
SEC. 7003. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Contracts.
DIPLOMATIC FACILITIES
SEC. 7004. (a) CAPITAL SECURITY COST SHARING EXCEPTION.—
Notwithstanding paragraph (2) of section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (title VI
of division A of H.R. 3427, as enacted into law by section 1000(a)(7)
of Public Law 106–113 and contained in appendix G of that Act),
as amended by section 111 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114–323), a project to construct
a facility of the United States may include office space or other
accommodations for members of the United States Marine Corps.
(b) CONSULTATION AND NOTIFICATION.—Funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs, which may be
made available for the acquisition of property or award of construction contracts for overseas United States diplomatic facilities during
fiscal year 2023, shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on Appropriations: Provided, That notifications pursuant to this subsection shall
include the information enumerated under the heading ‘‘Embassy
Security, Construction, and Maintenance’’ in House Report 117–
401.
(c) INTERIM AND TEMPORARY FACILITIES ABROAD.—
(1) SECURITY VULNERABILITIES.—Funds appropriated by
this Act under the heading ‘‘Embassy Security, Construction,
and Maintenance’’ may be made available, following consultation with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing.
(2) CONSULTATION.—Notwithstanding any other provision
of law, the opening, closure, or any significant modification
to an interim or temporary United States diplomatic facility
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification procedures of the Committees on Appropriations, except that such
consultation and notification may be waived if there is a security risk to personnel.
(d) SOFT TARGETS.—Funds appropriated by this Act under the
heading ‘‘Embassy Security, Construction, and Maintenance’’ may
be made available for security upgrades to soft targets, including
schools, recreational facilities, and residences used by United States
diplomatic personnel and their dependents.
Consultation.
Notification.
Waiver authority.
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PERSONNEL ACTIONS
SEC. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken
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136 STAT. 5002
PUBLIC LAW 117–328—DEC. 29, 2022
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available under title
I to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 7015 of this Act.
Transfer
authority.
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.
´ TAT
COUPS D’E
Certification.
Reports.
Consultation.
Notification.
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Consultations.
Certification.
Reports.
Notification.
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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’e´tat or decree
or, after the date of enactment of this Act, a coup d’e´tat or decree
in which the military plays a decisive role: Provided, That assistance
may be resumed to such government if the Secretary of State
certifies and reports to the appropriate congressional committees
that subsequent to the termination of assistance a democratically
elected government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to promote
democratic elections or public participation in democratic processes,
or to support a democratic transition: Provided further, That funds
made available pursuant to the previous provisos shall be subject
to prior consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(b) WAIVER.—The Secretary of State, following consultation
with the heads of relevant Federal agencies, may waive the restriction in this section on a program-by-program basis if the Secretary
certifies and reports to the Committees on Appropriations that
such waiver is in the national security interest of the United States:
Provided, That funds made available pursuant to such waiver shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5003
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TRANSFER OF FUNDS AUTHORITY
SEC. 7009. (a) DEPARTMENT OF STATE AND UNITED STATES
AGENCY FOR GLOBAL MEDIA.—
(1) DEPARTMENT OF STATE.—
(A) IN GENERAL.—Not to exceed 5 percent of any appropriation made available for the current fiscal year for the
Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but
no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to
increase the appropriation under the heading ‘‘Representation Expenses’’.
(B) EMBASSY SECURITY.—Funds appropriated under the
headings ‘‘Diplomatic Programs’’, including for Worldwide
Security Protection, ‘‘Embassy Security, Construction, and
Maintenance’’, and ‘‘Emergencies in the Diplomatic and
Consular Service’’ in this Act may be transferred to, and
merged with, funds appropriated under such headings if
the Secretary of State determines and reports to the
Committees on Appropriations that to do so is necessary
to implement the recommendations of the Benghazi
Accountability Review Board, for emergency evacuations,
or to prevent or respond to security situations and requirements, following consultation with, and subject to the regular notification procedures of, such Committees: Provided,
That such transfer authority is in addition to any transfer
authority otherwise available in this Act and under any
other provision of law.
(2) UNITED STATES AGENCY FOR GLOBAL MEDIA.—Not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Agency for Global
Media under title I of this Act may be transferred between,
and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers.
(3) TREATMENT AS REPROGRAMMING.—Any transfer pursuant to this subsection shall be treated as a reprogramming
of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
(b) LIMITATION ON TRANSFERS OF FUNDS BETWEEN AGENCIES.—
(1) IN GENERAL.—None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations
Act.
(2) ALLOCATION AND TRANSFERS.—Notwithstanding paragraph (1), in addition to transfers made by, or authorized
elsewhere in, this Act, funds appropriated by this Act to carry
out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States
Government pursuant to the provisions of sections 109, 610,
and 632 of the Foreign Assistance Act of 1961, and section
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Determination.
Reports.
Consultation.
Notification.
PUBL328
136 STAT. 5004
Contracts.
Consultation.
Notification.
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Coordination.
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PUBLIC LAW 117–328—DEC. 29, 2022
1434(j) of the BUILD Act of 2018 (division F of Public Law
115–254).
(3) NOTIFICATION.—Any agreement entered into by the
United States Agency for International Development or the
Department of State with any department, agency, or
instrumentality of the United States Government pursuant to
section 632(b) of the Foreign Assistance Act of 1961 valued
in excess of $1,000,000 and any agreement made pursuant
to section 632(a) of such Act, with funds appropriated by this
Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs under the
headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’,
‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia
and Central Asia’’ shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided,
That the requirement in the previous sentence shall not apply
to agreements entered into between USAID and the Department of State.
(c) UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION.—
(1) TRANSFERS.—Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law
115–254) may only be transferred from funds made available
under title III of this Act: Provided, That any such transfers,
and any amounts transferred to the United States International
Development Finance Corporation (the Corporation) pursuant
to section 632 of the Foreign Assistance Act of 1961, shall
be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided
further, That the Secretary of State, the Administrator of the
United States Agency for International Development, and the
Chief Executive Officer of the Corporation, as appropriate, shall
ensure that the programs funded by such transfers are coordinated with, and complement, foreign assistance programs
implemented by the Department of State and USAID: Provided
further, That no funds transferred pursuant to section 1434(j)
of the BUILD Act of 2018 may be used by the Corporation
to post personnel abroad.
(2) TRANSFER OF FUNDS FROM MILLENNIUM CHALLENGE CORPORATION.—Funds appropriated under the heading ‘‘Millennium
Challenge Corporation’’ in this Act or prior Acts making appropriations for the Department of State, foreign operations, and
related programs may be transferred to accounts under the
heading ‘‘United States International Development Finance
Corporation’’ and, when so transferred, may be used for the
costs of activities described in subsections (b) and (c) of section
1421 of the BUILD Act of 2018: Provided, That such funds
shall be subject to the limitations provided in the second, third,
and fifth provisos under the heading ‘‘United States International Development Finance Corporation—Program Account’’
in this Act: Provided further, That any transfer executed pursuant to the transfer authority provided in this paragraph shall
not exceed 10 percent of an individual Compact awarded pursuant to section 609(a) of the Millennium Challenge Act of 2003
(title VI of Public Law 108–199): Provided further, That such
funds shall not be available for administrative expenses of
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5005
the United States International Development Finance Corporation: Provided further, That such authority shall be subject
to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further,
That the transfer authority provided in this section is in addition to any other transfer authority provided by law: Provided
further, That within 60 days of the termination in whole or
in part of the Compact from which funds were transferred
under this authority to the United States International
Development Finance Corporation, any unobligated balances
shall be transferred back to the Millennium Challenge Corporation, subject to the regular notification procedures of the
Committees on Appropriations.
(d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.—None of the
funds made available under titles II through V of this Act may
be obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than 5 days prior
to the exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a written
policy justification to the Committees on Appropriations.
(e) AUDIT OF INTER-AGENCY TRANSFERS OF FUNDS.—Any agreement for the transfer or allocation of funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs entered into
between the Department of State or USAID and another agency
of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961, or any comparable
provision of law, shall expressly provide that the Inspector General
(IG) for the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the receiving
agency does not have an IG, shall perform periodic program and
financial audits of the use of such funds and report to the Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or
USAID, as appropriate: Provided further, That funds transferred
under such authority may be made available for the cost of such
audits.
Consultation.
Notification.
Deadline.
Notification.
President.
Time period.
Consultation.
Policy
justification.
Reports.
Transmittals.
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PROHIBITION AND LIMITATION ON CERTAIN EXPENSES
SEC. 7010. (a) FIRST-CLASS TRAVEL.—None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded
by this Act in contravention of section 301–10.122 through 301–
10.124 of title 41, Code of Federal Regulations.
(b) COMPUTER NETWORKS.—None of the funds made available
by this Act for the operating expenses of any United States Government department or agency may be used to establish or maintain
a computer network for use by such department or agency unless
such network has filters designed to block access to sexually explicit
websites: Provided, That nothing in this subsection shall limit the
use of funds necessary for any Federal, State, Tribal, or local
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Pornography.
PUBL328
136 STAT. 5006
Alcohol and
alcoholic
beverages.
Fees.
PUBLIC LAW 117–328—DEC. 29, 2022
law enforcement agency, or any other entity carrying out the following activities: criminal investigations, prosecutions, and adjudications; administrative discipline; and the monitoring of such
websites undertaken as part of official business.
(c) PROHIBITION ON PROMOTION OF TOBACCO.—None of the
funds made available by this Act shall be available to promote
the sale or export of tobacco or tobacco products (including electronic
nicotine delivery systems), or to seek the reduction or removal
by any foreign country of restrictions on the marketing of tobacco
or tobacco products (including electronic nicotine delivery systems),
except for restrictions which are not applied equally to all tobacco
or tobacco products (including electronic nicotine delivery systems)
of the same type.
(d) EMAIL SERVERS OUTSIDE THE .GOV DOMAIN.—None of the
funds appropriated by this Act under the headings ‘‘Diplomatic
Programs’’ and ‘‘Capital Investment Fund’’ in title I, and ‘‘Operating
Expenses’’ and ‘‘Capital Investment Fund’’ in title II that are made
available to the Department of State and the United States Agency
for International Development may be made available to support
the use or establishment of email accounts or email servers created
outside the .gov domain or not fitted for automated records management as part of a Federal government records management program
in contravention of the Presidential and Federal Records Act
Amendments of 2014 (Public Law 113–187).
(e) REPRESENTATION AND ENTERTAINMENT EXPENSES.—Each
Federal department, agency, or entity funded in titles I or II of
this Act, and the Department of the Treasury and independent
agencies funded in titles III or VI of this Act, shall take steps
to ensure that domestic and overseas representation and entertainment expenses further official agency business and United States
foreign policy interests, and—
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) LIMITATIONS ON ENTERTAINMENT EXPENSES.—None of the
funds appropriated or otherwise made available by this Act under
the headings ‘‘International Military Education and Training’’ or
‘‘Foreign Military Financing Program’’ for Informational Program
activities or under the headings ‘‘Global Health Programs’’,
‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’ may be obligated or
expended to pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of a recreational character, including entrance fees at
sporting events, theatrical and musical productions, and amusement parks.
AVAILABILITY OF FUNDS
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Time periods.
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SEC. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration of
the current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Reports.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 7012. No part of any appropriation provided under titles
III through VI in this Act shall be used to furnish assistance
to the government of any country which is in default during a
period in excess of 1 calendar year in payment to the United
States of principal or interest on any loan made to the government
of such country by the United States pursuant to a program for
which funds are appropriated under this Act unless the President
determines, following consultation with the Committees on Appropriations, that assistance for such country is in the national interest
of the United States.
Time period.
Loans.
President.
Determination.
Consultation.
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PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
SEC. 7013. (a) PROHIBITION ON TAXATION.—None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which
such assistance is to be provided unless such agreement includes
a provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State and the Administrator of the
United States Agency for International Development shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement.
(b) NOTIFICATION AND REIMBURSEMENT OF FOREIGN TAXES.—
An amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2023 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign government
or entity against United States assistance programs, either directly
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Negotiation.
Deadline.
PUBL328
136 STAT. 5008
Assessments.
Reports.
Time period.
Regulations.
Guidance.
PUBLIC LAW 117–328—DEC. 29, 2022
or through grantees, contractors, and subcontractors, shall be withheld from obligation from funds appropriated for assistance for
fiscal year 2024 and for prior fiscal years and allocated for the
central government of such country or for the West Bank and
Gaza program, as applicable, if, not later than September 30, 2024,
such taxes have not been reimbursed.
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection (b).
(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which do
not assess taxes on United States assistance or which have an
effective arrangement that is providing substantial reimbursement
of such taxes, and that can reasonably accommodate such assistance
in a programmatically responsible manner.
(e) DETERMINATIONS.—
(1) IN GENERAL.—The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that—
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement
of such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) CONSULTATION.—The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior
to exercising the authority of this subsection with regard to
any foreign government or entity.
(f) IMPLEMENTATION.—The Secretary of State shall issue and
update rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance contained in this section.
(g) DEFINITIONS.—As used in this section:
(1) BILATERAL AGREEMENT.—The term ‘‘bilateral agreement’’ refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges and
immunities applicable to United States foreign assistance for
such country generally, or an individual agreement between
the Government of the United States and such government
that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement.
(2) TAXES AND TAXATION.—The term ‘‘taxes and taxation’’
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
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RESERVATIONS OF FUNDS
Notification.
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SEC. 7014. (a) REPROGRAMMING.—Funds appropriated under
titles III through VI of this Act which are specifically designated
may be reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the designation
is made impossible by operation of any provision of this or any
other Act: Provided, That any such reprogramming shall be subject
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
Determination.
Reports.
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NOTIFICATION REQUIREMENTS
SEC. 7015. (a) NOTIFICATION OF CHANGES IN PROGRAMS,
PROJECTS, AND ACTIVITIES.—None of the funds made available in
titles I, II, and VI, and under the headings ‘‘Peace Corps’’ and
‘‘Millennium Challenge Corporation’’, of this Act or prior Acts
making appropriations for the Department of State, foreign operations, and related programs to the departments and agencies
funded by this Act that remain available for obligation in fiscal
year 2023, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or of currency reflows
or other offsetting collections, or made available by transfer, to
the departments and agencies funded by this Act, shall be available
for obligation to—
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations
or such Committees are notified 15 days in advance of such obligation.
(b) NOTIFICATION OF REPROGRAMMING OF FUNDS.—None of the
funds provided under titles I, II, and VI of this Act or prior Acts
making appropriations for the Department of State, foreign operations, and related programs, to the departments and agencies
funded under such titles that remain available for obligation in
fiscal year 2023, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
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Time period.
Contracts.
PUBL328
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Time period.
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President.
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PUBLIC LAW 117–328—DEC. 29, 2022
to the department and agency funded under title I of this Act,
shall be available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in excess
of $1,000,000 or 10 percent, whichever is less, that—
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
(c) NOTIFICATION REQUIREMENT.—None of the funds made
available by this Act under the headings ‘‘Global Health Programs’’,
‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy
Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘Peace
Corps’’, ‘‘Millennium Challenge Corporation’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, ‘‘Peacekeeping Operations’’, ‘‘International Military Education and Training’’, ‘‘Foreign
Military Financing Program’’, ‘‘International Organizations and Programs’’, ‘‘United States International Development Finance Corporation’’, and ‘‘Trade and Development Agency’’ shall be available
for obligation for programs, projects, activities, type of materiel
assistance, countries, or other operations not justified or in excess
of the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance of such
obligation: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any
similar provision of this or any other Act shall not apply to any
reprogramming for a program, project, or activity for which funds
are appropriated under titles III through VI of this Act of less
than 10 percent of the amount previously justified to Congress
for obligation for such program, project, or activity for the current
fiscal year: Provided further, That any notification submitted pursuant to subsection (f) of this section shall include information (if
known on the date of transmittal of such notification) on the use
of notwithstanding authority.
(d) DEPARTMENT OF DEFENSE PROGRAMS AND FUNDING
NOTIFICATIONS.—
(1) PROGRAMS.—None of the funds appropriated by this
Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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
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Deadline.
PUBL328
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Consultation.
Reports.
Certifications.
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Deadline.
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related programs that are made available for a trust fund held
by an international financial institution shall be subject to the
regular notification procedures of the Committees on Appropriations, and such notification shall include the information specified
under this section in House Report 117–401.
(h) OTHER PROGRAM NOTIFICATION REQUIREMENT.—
(1) DIPLOMATIC PROGRAMS.—Funds appropriated under title
I of this Act under the heading ‘‘Diplomatic Programs’’ that
are made available for lateral entry into the Foreign Service
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) OTHER PROGRAMS.—Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of the
Committees on Appropriations:
(A) the Global Engagement Center;
(B) the Power Africa and Prosper Africa initiatives;
(C) community-based police assistance conducted
pursuant to the authority of section 7035(a)(1) of this Act;
(D) the Prevention and Stabilization Fund and the
Multi-Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Countering PRC Influence Fund and the Countering Russian Influence Fund;
(G) the Gender Equity and Equality Action Fund; and
(H) funds specifically allocated for the Partnership for
Global Infrastructure and Investment.
(3) DEMOCRACY PROGRAM POLICY AND PROCEDURES.—Modifications to democracy program policy and procedures, including
relating to the use of consortia, by the Department of State
and USAID shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(4) ARMS SALES.—The reports, notifications, and certifications, and any other documents, required to be submitted
pursuant to section 36(a) of the Arms Export Control Act (22
U.S.C. 2776), and such documents submitted pursuant to section 36(b) through (d) of such Act with respect to countries
that have received assistance provided with funds appropriated
by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall
be concurrently submitted to the Committees on Appropriations
and shall include information about the source of funds for
any sale or transfer, as applicable, if known at the time of
submission.
(i) WITHHOLDING OF FUNDS.—Funds appropriated by this Act
under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision
of law in this or any other Act shall, if reprogrammed, be subject
to the regular notification procedures of the Committees on Appropriations.
(j) PRIOR CONSULTATION REQUIREMENT.—The Secretary of
State, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the United
States International Development Finance Corporation, and the
Chief Executive Officer of the Millennium Challenge Corporation
shall consult with the Committees on Appropriations at least 7
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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.
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DOCUMENTS, REPORT POSTING, RECORDS MANAGEMENT, AND RELATED
CYBERSECURITY PROTECTIONS
SEC. 7016. (a) DOCUMENT REQUESTS.—None of the funds appropriated or made available pursuant to titles III through VI of
this Act shall be available to a nongovernmental organization,
including any contractor, which fails to provide upon timely request
any document, file, or record necessary to the auditing requirements
of the Department of State and the United States Agency for
International Development.
(b) PUBLIC POSTING OF REPORTS.—
(1) Except as provided in paragraphs (2) and (3), any report
required by this Act to be submitted to Congress by any Federal
agency receiving funds made available by this Act shall be
posted on the public Web site of such agency not later than
45 days following the receipt of such report by Congress.
(2) Paragraph (1) shall not apply to a report if—
(A) the public posting of the report would compromise
national security, including the conduct of diplomacy;
(B) the report contains proprietary or other privileged
information; or
(C) the public posting of the report is specifically
exempted in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act).
(3) The agency posting such report shall do so only after
the report has been made available to the Committees on
Appropriations.
(c) RECORDS MANAGEMENT AND RELATED CYBERSECURITY
PROTECTIONS.—The Secretary of State and USAID Administrator
shall—
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes, regulations, and presidential executive orders and memoranda concerning the preservation of all records made or received in
the conduct of official business, including record emails, instant
messaging, and other online tools;
(2) use funds appropriated by this Act under the headings
‘‘Diplomatic Programs’’ and ‘‘Capital Investment Fund’’ in title
I, and ‘‘Operating Expenses’’ and ‘‘Capital Investment Fund’’
in title II, as appropriate, to improve Federal records management pursuant to the Federal Records Act (44 U.S.C. Chapters
21, 29, 31, and 33) and other applicable Federal records
management statutes, regulations, or policies for the Department of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong
to the Federal Government;
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Review.
Updates.
Compliance.
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(4) substantially reduce, compared to the previous fiscal
year, the response time for identifying and retrieving Federal
records, including requests made pursuant to section 552 of
title 5, United States Code (commonly known as the ‘‘Freedom
of Information Act’’); and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control
of national security information, and implement the recommendations of the applicable reports of the cognizant Office
of Inspector General.
Guidance.
Implementation.
USE OF FUNDS IN CONTRAVENTION OF THIS ACT
President.
Determination.
Notification.
Deadline.
SEC. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional grounds,
the head of the relevant Federal agency shall notify the Committees
on Appropriations in writing within 5 days of such determination,
the basis for such determination and any resulting changes to
program or policy.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION
President.
Certification.
SEC. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of involuntary sterilization as
a method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the funds
made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance
of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be obligated
or expended for any country or organization if the President certifies
that the use of these funds by any such country or organization
would violate any of the above provisions related to abortions and
involuntary sterilizations.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That such percentage may
be exceeded only if the Secretary of State or USAID Administrator,
as applicable, determines and reports in writing to the Committees
on Appropriations on a case-by-case basis that such deviation is
necessary to respond to significant, exigent, or unforeseen events,
or to address other exceptional circumstances directly related to
the national security interest of the United States, including a
description of such events or circumstances: Provided further, That
deviations pursuant to the preceding proviso shall be subject to
prior consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(c) LIMITATION.—For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by
section 653(a) of the Foreign Assistance Act of 1961, deviations
authorized by subsection (b) may only take place after submission
of such report.
(d) EXCEPTIONS.—
(1) Subsections (a) and (b) shall not apply to—
(A) amounts designated for ‘‘International Military
Education and Training’’ in the respective tables included
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act);
(B) funds for which the initial period of availability
has expired; and
(C) amounts designated by this Act as minimum
funding requirements.
(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act) shall not apply to the table
included under the heading ‘‘Global Health Programs’’ in such
statement.
(3) With respect to the amounts designated for ‘‘Global
Programs’’ in the table under the heading ‘‘Economic Support
Fund’’ included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), the matter preceding the first proviso in subsection (b)
of this section shall be applied by substituting ‘‘5 percent’’
for ‘‘10 percent’’, and the provisos in such subsection (b) shall
not apply.
(e) REPORTS.—The Secretary of State, USAID Administrator,
and other designated officials, as appropriate, shall submit the
reports required, in the manner described, in House Report 117–
401 and the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), unless otherwise directed in such explanatory statement.
(f) CLARIFICATION.—Funds appropriated by this Act under the
headings ‘‘International Disaster Assistance’’ and ‘‘Migration and
Refugee Assistance’’ shall not be included for purposes of meeting
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Determination.
Consultation.
Notification.
Applicability.
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amounts designated for countries in this Act, unless such headings
are specifically designated as the source of funds.
MULTI-YEAR PLEDGES
SEC. 7020. None of the funds appropriated or otherwise made
available by this Act may be used to make any pledge for future
year funding for any multilateral or bilateral program funded in
titles III through VI of this Act unless such pledge was: (1) previously justified, including the projected future year costs, in a
congressional budget justification; (2) included in an Act making
appropriations for the Department of State, foreign operations, and
related programs or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification procedures
of the Committees on Appropriations, including the projected future
year costs; or (4) the subject of prior consultation with the Committees on Appropriations and such consultation was conducted at
least 7 days in advance of the pledge.
Notification.
Consultation.
Deadline.
PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM
President.
Determinations.
Termination
date.
Applicability.
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SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.—
(1) PROHIBITION.—None of the funds appropriated or otherwise made available under titles III through VI of this Act
may be made available to any foreign government which provides lethal military equipment to a country the government
of which the Secretary of State has determined supports international terrorism for purposes of section 1754(c) of the Export
Reform Control Act of 2018 (50 U.S.C. 4813(c)): Provided, That
the prohibition under this section with respect to a foreign
government shall terminate 12 months after that government
ceases to provide such military equipment: Provided further,
That this section applies with respect to lethal military equipment provided under a contract entered into after October
1, 1997.
(2) DETERMINATION.—Assistance restricted by paragraph
(1) or any other similar provision of law, may be furnished
if the President determines that to do so is important to the
national interest of the United States.
(3) REPORT.—Whenever the President makes a determination pursuant to paragraph (2), the President shall submit
to the Committees on Appropriations a report with respect
to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar
amount of such assistance, and an explanation of how the
assistance furthers the United States national interest.
(b) BILATERAL ASSISTANCE.—
(1) LIMITATIONS.—Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated
under any such title in prior Acts making appropriations for
the Department of State, foreign operations, and related programs, shall not be made available to any foreign government
which the President determines—
(A) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
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(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) WAIVER.—The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures
of the Committees on Appropriations.
Federal Register,
publication.
Deadline.
Notification.
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.
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AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION,
AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
SEC. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for the Department of
State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the
Peace Corps Act, the Inter-American Foundation Act, or the African
Development Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report
to such Committees within 15 days of taking such action.
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Consultation.
Reports.
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PUBLIC LAW 117–328—DEC. 29, 2022
COMMERCE, TRADE AND SURPLUS COMMODITIES
Notification.
President.
Determination.
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President.
Determination.
22 USC 262h
note.
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SEC. 7025. (a) WORLD MARKETS.—None of the funds appropriated or made available pursuant to titles III through VI of
this Act for direct assistance and none of the funds otherwise
made available to the Export-Import Bank and the United States
International Development Finance Corporation shall be obligated
or expended to finance any loan, any assistance, or any other
financial commitments for establishing or expanding production
of any commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world markets
at the time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors
the benefits to industry and employment in the United States
are likely to outweigh the injury to United States producers of
the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations: Provided
further, That this subsection shall not prohibit—
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) EXPORTS.—None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding feasibility
study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for
export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in developing countries where such activities will not have a significant
impact on the export of agricultural commodities of the United
States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of
the Treasury shall instruct the United States executive director
of each international financial institution to use the voice and
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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.
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SEPARATE ACCOUNTS
SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) AGREEMENTS.—If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall—
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth—
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon
with the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—USAID shall take all
necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 (as the case may be), any unencumbered balances
of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and
the United States Government.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) IN GENERAL.—If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
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22 USC 2362
note.
Requirement.
Requirement.
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136 STAT. 5020
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of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such
funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this
assistance, including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No.
98–1159).
(3) NOTIFICATION.—At least 15 days prior to obligating
any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds may
be exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on Appropriations.
Deadline.
President.
Notification.
ELIGIBILITY FOR ASSISTANCE
President.
Notification.
Abortion.
Sterilization.
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Notification.
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SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 and from funds
appropriated under the heading ‘‘Assistance for Europe, Eurasia
and Central Asia’’: Provided, That before using the authority of
this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted,
the assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall
be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.
(b) PUBLIC LAW 480.—During fiscal year 2023, restrictions contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Food for Peace Act (Public Law 83–480; 7 U.S.C. 1721 et seq.):
Provided, That none of the funds appropriated to carry out title
I of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
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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.
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INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 7029. (a) EVALUATIONS.—The Secretary of the Treasury
shall instruct the United States executive director of each international financial institution to use the voice of the United States
to encourage such institution to adopt and implement a publicly
available policy, including the strategic use of peer reviews and
external experts, to conduct independent, in-depth evaluations of
the effectiveness of at least 35 percent of all loans, grants, programs,
and significant analytical non-lending activities in advancing the
institution’s goals of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that
decisions to support such loans, grants, programs, and activities
are based on accurate data and objective analysis.
(b) SAFEGUARDS.—
(1) STANDARD.—The Secretary of the Treasury shall
instruct the United States Executive Director of the International Bank for Reconstruction and Development and the
International Development Association to use the voice and
vote of the United States to oppose any loan, grant, policy,
or strategy if such institution has adopted and is implementing
any social or environmental safeguard relevant to such loan,
grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) ACCOUNTABILITY, STANDARDS, AND BEST PRACTICES.—
The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects—
(A) provide for accountability and transparency,
including the collection, verification, and publication of
beneficial ownership information related to extractive
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Public
information.
PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
industries and on-site monitoring during the life of the
project;
(B) will be developed and carried out in accordance
with best practices regarding environmental conservation,
cultural protection, and empowerment of local populations,
including free, prior and informed consent of affected
Indigenous communities;
(C) do not provide incentives for, or facilitate, forced
displacement or other violations of human rights; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) COMPENSATION.—None of the funds appropriated under title
V of this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which,
together with whatever compensation such executive director
receives from the United States, is in excess of the rate provided
for an individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or
while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(d) HUMAN RIGHTS.—The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice and vote of the United States
to promote human rights due diligence and risk management, as
appropriate, in connection with any loan, grant, policy, or strategy
of such institution in accordance with the requirements specified
under this section in House Report 117–401.
(e) FRAUD AND CORRUPTION.—The Secretary of the Treasury
shall instruct the United States executive director of each international financial institution to use the voice of the United States
to include in loan, grant, and other financing agreements improvements in borrowing countries’ financial management and judicial
capacity to investigate, prosecute, and punish fraud and corruption.
(f) BENEFICIAL OWNERSHIP INFORMATION.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish,
to the maximum extent practicable, beneficial ownership information (excluding proprietary information) for any corporation or limited liability company, other than a publicly listed company, that
receives funds from any such financial institution.
(g) WHISTLEBLOWER PROTECTIONS.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice of the United
States to encourage such institution to effectively implement and
enforce policies and procedures which meet or exceed best practices
in the United States for the protection of whistleblowers from
retaliation, including—
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
President.
Budget request.
Determination.
Reports.
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TECHNOLOGY SECURITY
SEC. 7030. (a) INSECURE COMMUNICATIONS NETWORKS.—Funds
appropriated by this Act shall be made available for programs,
including through the Digital Connectivity and Cybersecurity Partnership, to—
(1) advance the adoption of secure, next-generation communications networks and services, including 5G, and cybersecurity policies, in countries receiving assistance under this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs;
(2) counter the establishment of insecure communications
networks and services, including 5G, promoted by the People’s
Republic of China and other state-backed enterprises that are
subject to undue or extrajudicial control by their country of
origin; and
(3) provide policy and technical training on deploying open,
interoperable, reliable, and secure networks to information
communication technology professionals in countries receiving
assistance under this Act, as appropriate:
Provided, That such funds, including funds appropriated under
the heading ‘‘Economic Support Fund’’, may be used to strengthen
civilian cybersecurity and information and communications technology capacity, including participation of foreign law enforcement
and military personnel in non-military activities, notwithstanding
any other provision of law and following consultation with the
Committees on Appropriations.
(b) CHIPS FOR AMERICA INTERNATIONAL TECHNOLOGY SECURITY
AND INNOVATION FUND.—
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China.
Consultation.
Allocations.
PUBL328
136 STAT. 5024
PUBLIC LAW 117–328—DEC. 29, 2022
(1) Within 45 days of enactment of this Act, the Secretary
of State shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America International Technology Security and Innovation
Fund for fiscal year 2023 pursuant to the transfer authority
in section 102(c)(1) of the CHIPS Act of 2022 (division A of
Public Law 117–167), to the accounts specified and in the
amounts specified, in the table titled ‘‘CHIPS for America International Technology Security and Innovation Fund’’ in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
such funds shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(2) Neither the President nor his designee may allocate
any amounts that are made available for any fiscal year under
section 102(c)(2) of the CHIPS Act of 2022 if there is in effect
an Act making or continuing appropriations for part of a fiscal
year for the Department of State, Foreign Operations, and
Related Programs: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation, apportionment, or allotment of amounts for continuing administration of programs allocated using funds transferred from the
CHIPS for America International Technology Security and
Innovation Fund, which may be allocated pursuant to the
transfer authority in section 102(c)(1) of the CHIPS Act of
2022 only in amounts that are no more than the allocation
for such purposes in paragraph (1) of this subsection.
(3) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of State shall
submit to the Committees on Appropriations proposed allocations by account and by program, project, or activity, with
detailed justifications, for amounts made available under section 102(c)(2) of the CHIPS Act of 2022 for fiscal year 2024.
(4) The Secretary of State shall provide the Committees
on Appropriations quarterly reports on the status of balances
of projects and activities funded by the CHIPS for America
International Technology Security and Innovation Fund for
amounts allocated pursuant to paragraph (1) of this subsection,
including all uncommitted, committed, and unobligated funds.
Deadline.
Consultation.
Notification.
Reports.
FINANCIAL MANAGEMENT, BUDGET TRANSPARENCY, AND ANTICORRUPTION
SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT-TO-GOVERNASSISTANCE.—
(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.
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MENT
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PUBLIC LAW 117–328—DEC. 29, 2022
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 the requirements of this paragraph shall only
apply to direct government-to-government assistance in excess
of $10,000,000 and all funds available for cash transfer, budget
support, and cash payments to individuals.
(3) SUSPENSION OF ASSISTANCE.—The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such assistance, including a justification, or that such misuse has been
appropriately addressed.
(4) SUBMISSION OF INFORMATION.—The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2024 congressional budget justification
materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds,
and type of assistance.
(5) DEBT SERVICE PAYMENT PROHIBITION.—None of the
funds made available by this Act may be used by the government of any foreign country for debt service payments owed
by any country to any international financial institution.
(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.—
(1) MINIMUM REQUIREMENTS OF FISCAL TRANSPARENCY.—
The Secretary of State shall continue to update and strengthen
the ‘‘minimum requirements of fiscal transparency’’ for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–
76).
(2) DETERMINATION AND REPORT.—For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after the date of enactment of this
Act, shall make or update any determination of ‘‘significant
progress’’ or ‘‘no significant progress’’ in meeting the minimum
requirements of fiscal transparency, and make such determinations publicly available in an annual ‘‘Fiscal Transparency
Report’’ to be posted on the Department of State website: Provided, That such report shall include the elements included
under this section in House Report 117–401.
(3) ASSISTANCE.—Not less than $7,000,000 of the funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’ shall be made available for programs and activities
to assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget transparency.
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Applicability.
Reports.
Updates.
Public
information.
Web posting.
PUBL328
136 STAT. 5026
8 USC 1182 note.
Determination.
Determination.
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Termination
date.
Time period.
List.
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PUBLIC LAW 117–328—DEC. 29, 2022
(c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.—
(1) INELIGIBILITY.—
(A) Officials of foreign governments and their immediate family members about whom the Secretary of State
has credible information have been involved, directly or
indirectly, in significant corruption, including corruption
related to the extraction of natural resources, or a gross
violation of human rights, including the wrongful detention
of locally employed staff of a United States diplomatic
mission or a United States citizen or national, shall be
ineligible for entry into the United States.
(B) Concurrent with the application of subparagraph
(A), the Secretary shall, as appropriate, refer the matter
to the Office of Foreign Assets Control, Department of
the Treasury, to determine whether to apply sanctions
authorities in accordance with United States law to block
the transfer of property and interests in property, and
all financial transactions, in the United States involving
any person described in such subparagraph.
(C) The Secretary shall also publicly or privately designate or identify the officials of foreign governments and
their immediate family members about whom the Secretary
has such credible information without regard to whether
the individual has applied for a visa.
(2) EXCEPTION.—Individuals shall not be ineligible for entry
into the United States pursuant to paragraph (1) if such entry
would further important United States law enforcement objectives or is necessary to permit the United States to fulfill
its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1) shall be construed to derogate from United States Government obligations
under applicable international agreements.
(3) WAIVER.—The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed sufficiently.
(4) REPORT.—Not later than 30 days after the date of
enactment of this Act, and every 90 days thereafter until September 30, 2024, the Secretary of State shall submit a report,
including a classified annex if necessary, to the appropriate
congressional committees and the Committees on the Judiciary
describing the information related to corruption or violation
of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A)
as well as the individuals who the Secretary designated or
identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any
waivers provided under paragraph (3), and the justification
for each waiver.
(5) POSTING OF REPORT.—Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) CLARIFICATION.—For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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Determination.
Negotiation
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PUBLIC LAW 117–328—DEC. 29, 2022
heading ‘‘National Endowment for Democracy’’ may be made
available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any
regulation.
(2) BENEFICIARIES.—Funds made available by this Act for
the NED are made available pursuant to the authority of
the National Endowment for Democracy Act (title V of Public
Law 98–164), including all decisions regarding the selection
of beneficiaries.
(c) DEFINITION OF DEMOCRACY PROGRAMS.—For purposes of
funds appropriated by this Act, the term ‘‘democracy programs’’
means programs that support good governance, credible and
competitive elections, freedom of expression, association, assembly,
and religion, human rights, labor rights, independent media, and
the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the development of democratic states and institutions that are responsive and
accountable to citizens.
(d) PROGRAM PRIORITIZATION.—Funds made available pursuant
to this section that are made available for programs to strengthen
government institutions shall be prioritized for those institutions
that demonstrate a commitment to democracy and the rule of law.
(e) RESTRICTIONS ON FOREIGN GOVERNMENT INTERFERENCE.—
(1) PRIOR APPROVAL.—With respect to the provision of
assistance for democracy programs in this Act, the organizations implementing such assistance, the specific nature of the
assistance, and the participants in such programs shall not
be subject to prior approval by the government of any foreign
country.
(2) DISCLOSURE OF IMPLEMENTING PARTNER INFORMATION.—
If the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development,
determines that the government of the country is undemocratic
or has engaged in or condoned harassment, threats, or attacks
against organizations implementing democracy programs, any
new bilateral agreement governing the terms and conditions
under which assistance is provided to such country shall not
require the disclosure of the names of implementing partners
of democracy programs, and the Secretary of State and the
USAID Administrator shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary,
to conform to this requirement.
(f) CONTINUATION OF CURRENT PRACTICES.—USAID shall continue to implement civil society and political competition and consensus building programs abroad with funds appropriated by this
Act in a manner that recognizes the unique benefits of grants
and cooperative agreements in implementing such programs.
(g) DIGITAL SECURITY AND COUNTERING DISINFORMATION.—
Funds appropriated by this Act shall be made available to advance
digital security and counter disinformation as described under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(h) INFORMING THE NATIONAL ENDOWMENT FOR DEMOCRACY.—
The Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for Development, Democracy, and Innovation, USAID, shall regularly inform
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PUBLIC LAW 117–328—DEC. 29, 2022
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) DAVID E. PRICE LEGISLATIVE STRENGTHENING PROGRAM.—
Funds appropriated by this Act under the heading ‘‘Democracy
Fund’’ shall be made available for legislative strengthening programs: Provided, That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees
on Appropriations: Provided further, That such programs shall hereafter be collectively named the ‘‘David E. Price Legislative Strengthening Program’’.
22 USC 8201
note.
Consultation.
Notification.
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INTERNATIONAL RELIGIOUS FREEDOM
SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM OFFICE.—
Funds appropriated by this Act under the heading ‘‘Diplomatic
Programs’’ shall be made available for the Office of International
Religious Freedom, Department of State.
(b) ASSISTANCE.—Funds appropriated by this Act under the
headings ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, and ‘‘International Broadcasting Operations’’ shall be made available for international religious freedom programs and funds appropriated by
this Act under the headings ‘‘International Disaster Assistance’’
and ‘‘Migration and Refugee Assistance’’ shall be made available
for humanitarian assistance for vulnerable and persecuted ethnic
and religious minorities: Provided, That funds made available by
this Act under the headings ‘‘Economic Support Fund’’ and ‘‘Democracy Fund’’ pursuant to this section shall be the responsibility
of the Ambassador-at-Large for International Religious Freedom,
in consultation with other relevant United States Government officials, and shall be subject to prior consultation with the Committees
on Appropriations.
(c) AUTHORITY.—Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations, and related programs under the heading ‘‘Economic Support
Fund’’ may be made available notwithstanding any other provision
of law for assistance for ethnic and religious minorities in Iraq
and Syria.
(d) DESIGNATION OF NON-STATE ACTORS.—Section 7033(e) of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115–31) shall
continue in effect during fiscal year 2023.
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Consultation.
Extension.
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PUBLIC LAW 117–328—DEC. 29, 2022
SPECIAL PROVISIONS
Notification.
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Notification.
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SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHILDREN, AND
DISPLACED BURMESE.—Funds appropriated in title III of this Act
that are made available for victims of war, displaced children,
displaced Burmese, and to combat trafficking in persons and assist
victims of such trafficking may be made available notwithstanding
any other provision of law.
(b) FORENSIC ASSISTANCE.—
(1) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’, not less than $20,000,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
crimes against humanity, and genocide, which shall be administered by the Assistant Secretary for Democracy, Human Rights,
and Labor, Department of State: Provided, That such funds
shall be in addition to funds made available by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs for assistance for countries.
(2) Of the funds appropriated by this Act under the heading
‘‘International Narcotics Control and Law Enforcement’’, not
less than $10,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(c) WORLD FOOD PROGRAMME.—Funds managed by the Bureau
for Humanitarian Assistance, United States Agency for International Development, from this or any other Act, may be made
available as a general contribution to the World Food Programme,
notwithstanding any other provision of law.
(d) DIRECTIVES AND AUTHORITIES.—
(1) RESEARCH AND TRAINING.—Funds appropriated by this
Act under the heading ‘‘Assistance for Europe, Eurasia and
Central Asia’’ shall be made available to carry out the Program
for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by
the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) GENOCIDE VICTIMS MEMORIAL SITES.—Funds appropriated by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs under the headings ‘‘Economic Support Fund’’ and
‘‘Assistance for Europe, Eurasia and Central Asia’’ may be
made available as contributions to establish and maintain
memorial sites of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) PRIVATE SECTOR PARTNERSHIPS.—Of the funds appropriated by this Act under the headings ‘‘Development Assistance’’ and ‘‘Economic Support Fund’’ that are made available
for private sector partnerships, including partnerships with
philanthropic foundations, up to $50,000,000 may remain available until September 30, 2025: Provided, That funds made
available pursuant to this paragraph may only be made available following prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
(4) ADDITIONAL AUTHORITY.—Of the amounts made available by this Act under the heading ‘‘Diplomatic Programs’’,
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PUBLIC LAW 117–328—DEC. 29, 2022
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) EXCHANGE VISITOR PROGRAM.—None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act
of 1961 (Public Law 87–256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and notwithstanding the exceptions to such rulemaking process in
such Act: Provided, That funds made available for such purpose
shall only be made available after consultation with, and subject
to the regular notification procedures of, the Committees on
Appropriations, regarding how any proposed modification would
affect the public diplomacy goals of, and the estimated economic
impact on, the United States: Provided further, That such consultation shall take place not later than 30 days prior to the
publication in the Federal Register of any regulatory action
modifying the Exchange Visitor Program.
(8) PAYMENTS.—Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs under the headings ‘‘Diplomatic Programs’’ and ‘‘Operating Expenses’’, except for funds
designated by Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, are available to
provide payments pursuant to section 901(i)(2) of title IX of
division J of the Further Consolidated Appropriations Act, 2020
(22 U.S.C. 2680b(i)(2)): Provided, That funds made available
pursuant to this paragraph shall be subject to prior consultation
with the Committees on Appropriations.
(9) AFGHAN ALLIES.—Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
(A) in the heading, by striking ‘‘2022’’ and inserting
‘‘2023’’;
(B) in the matter preceding clause (i), in the first
sentence, by striking ‘‘34,500’’ and inserting ‘‘38,500’’; and
(C) in clauses (i) and (ii), by striking ‘‘December 31,
2023’’ and inserting ‘‘December 31, 2024’’.
(10) TRANSATLANTIC ENGAGEMENT.—Funds appropriated by
this Act under the heading ‘‘Diplomatic Programs’’ are available
for support of an institute for transatlantic engagement if legislation establishing such an institute is enacted into law by
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Consultation.
Notification.
Deadline.
Federal Register,
publication.
Consultation.
PUBL328
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Consultation.
Notification.
President.
Reports.
Deadline.
Consultation.
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Extension.
5 USC 5753 note.
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September 30, 2023: Provided, That in the event that such
legislation is not enacted into law by such date, the amounts
described in this paragraph shall be available under the
heading ‘‘Diplomatic Programs’’ for the purposes therein.
(e) PARTNER VETTING.—Prior to initiating a partner vetting
program, providing a direct vetting option, or making a significant
change to the scope of an existing partner vetting program, the
Secretary of State and USAID Administrator, as appropriate, shall
consult with the Committees on Appropriations: Provided, That
the Secretary and the Administrator shall provide a direct vetting
option for prime awardees in any partner vetting program initiated
or significantly modified after the date of enactment of this Act,
unless the Secretary of State or USAID Administrator, as
applicable, informs the Committees on Appropriations on a caseby-case basis that a direct vetting option is not feasible for such
program.
(f) CONTINGENCIES.—During fiscal year 2023, the President
may use up to $145,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any other
provision of law.
(g) INTERNATIONAL CHILD ABDUCTIONS.—The Secretary of State
should withhold funds appropriated under title III of this Act for
assistance for the central government of any country that is not
taking appropriate steps to comply with the Convention on the
Civil Aspects of International Child Abductions, done at the Hague
on October 25, 1980: Provided, That the Secretary shall report
to the Committees on Appropriations within 15 days of withholding
funds under this subsection.
(h) TRANSFER OF FUNDS FOR EXTRAORDINARY PROTECTION.—
The Secretary of State may transfer to, and merge with, funds
under the heading ‘‘Protection of Foreign Missions and Officials’’
unobligated balances of expired funds appropriated under the
heading ‘‘Diplomatic Programs’’ for fiscal year 2023, at no later
than the end of the fifth fiscal year after the last fiscal year
for which such funds are available for the purposes for which
appropriated: Provided, That not more than $50,000,000 may be
transferred.
(i) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLOMATIC
MISSIONS AND INTERNATIONAL ORGANIZATIONS.—The terms and
conditions of section 7034(k) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94) shall continue in effect during fiscal
year 2023.
(j) PERSONNEL.—Funds appropriated under the heading ‘‘Migration and Refugee Assistance’’ may be used to carry out section
5(a)(6) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2605(a)(6)) for employing up to 50 individuals domestically
without regard to the geographic limitation in such section, following consultation with the Committees on Appropriations.
(k) IMPACT ON JOBS.—Section 7056 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116–260) shall continue in effect during
fiscal year 2023.
(l) EXTENSION OF AUTHORITIES.—
(1) INCENTIVES FOR CRITICAL POSTS.—The authority contained in section 1115(d) of the Supplemental Appropriations
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PUBLIC LAW 117–328—DEC. 29, 2022
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.—Notwithstanding any
other provision of law, any employee of the Special Inspector
General for Afghanistan Reconstruction (SIGAR) who completes
at least 12 months of continuous service after enactment of
this Act or who is employed on the date on which SIGAR
terminates, whichever occurs first, shall acquire competitive
status for appointment to any position in the competitive service
for which the employee possesses the required qualifications.
(4) TRANSFER OF BALANCES.—Section 7081(h) of the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115–31)
shall continue in effect during fiscal year 2023.
(5) PROTECTIVE SERVICES.—Section 7071 of the Department
of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103) shall continue in effect during fiscal year 2023.
(6) EXTENSION OF LOAN GUARANTEES TO ISRAEL.—Chapter
5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 576) is amended
under the heading ‘‘Loan Guarantees to Israel’’—
(A) in the matter preceding the first proviso, by striking
‘‘September 30, 2023’’ and inserting ‘‘September 30, 2028’’;
and
(B) in the second proviso, by striking ‘‘September 30,
2023’’ and inserting ‘‘September 30, 2028’’.
(m) MONITORING AND EVALUATION.—
(1) BENEFICIARY FEEDBACK.—Funds appropriated by this
Act that are made available for monitoring and evaluation
of assistance under the headings ‘‘Development Assistance’’,
‘‘International Disaster Assistance’’, and ‘‘Migration and Refugee Assistance’’ shall be made available for the regular and
systematic collection of feedback obtained directly from beneficiaries to enhance the quality and relevance of such assistance:
Provided, That not later than 90 days after the date of enactment of this Act, the Secretary of State and USAID Administrator shall submit to the Committees on Appropriations, and
post on their respective websites, updated procedures for implementing partners that receive funds under such headings for
regularly and systematically collecting and responding to such
feedback, including guidelines for the reporting on actions taken
in response to the feedback received: Provided further, That
the Secretary of State and USAID Administrator shall regularly—
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Time period.
8 USC 1715 note.
Deadline.
Web posting.
Procedures.
Guidelines.
Oversight.
PUBL328
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Consultation.
Notification.
Foreign
countries.
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Designation.
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(A) conduct oversight to ensure that such feedback
is regularly collected and used by implementing partners
to maximize the cost-effectiveness and utility of such assistance; and
(B) consult with the Committees on Appropriations
on the results of such oversight.
(2) EX-POST EVALUATIONS.—Of the funds appropriated by
this Act under titles III and IV, not less than $10,000,000
shall be made available for ex-post evaluations of the effectiveness and sustainability of United States Government-funded
assistance programs.
(n) HIV/AIDS WORKING CAPITAL FUND.—Funds available in
the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108–447)
may be made available for pharmaceuticals and other products
for child survival, malaria, tuberculosis, and emerging infectious
diseases to the same extent as HIV/AIDS pharmaceuticals and
other products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriation
Act, 2005 (Public Law 108–447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds
deposited for such non-HIV/AIDS pharmaceuticals and other products, and shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That the
Secretary of State shall include in the congressional budget justification an accounting of budgetary resources, disbursements, balances,
and reimbursements related to such fund.
(o) LOANS, CONSULTATION, AND NOTIFICATION.—
(1) LOAN GUARANTEES.—Funds appropriated under the
headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe,
Eurasia and Central Asia’’ by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for the costs,
as defined in section 502 of the Congressional Budget Act
of 1974, of loan guarantees for Egypt, Jordan, Small Island
Developing States, Tunisia, and Ukraine, which are authorized
to be provided: Provided, That amounts made available under
this paragraph for the costs of such guarantees shall not be
considered assistance for the purposes of provisions of law
limiting assistance to a country.
(2) CONSULTATION AND NOTIFICATION.—Funds made available pursuant to the authorities of this subsection shall be
subject to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
(3) ADMINISTRATION.—Not less than 30 days prior to exercising the authority of this subsection, but not later than 90
days after the date of enactment of this Act, the President
shall designate, and concurrently report such designation to
the appropriate congressional committees, the Federal agency
or agencies responsible for managing the legacy loan guarantee
portfolio, maintaining the current and future financial exposure
of loan guarantees, and executing future loan guarantees.
(p) LOCAL WORKS.—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) ELIGIBLE ENTITIES.—For the purposes of section 7080
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113–235), ‘‘eligible entities’’ shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small entities
that have received less than a total of $5,000,000 from USAID
over the previous 5 fiscal years: Provided, That departments
or centers of such educational institutions may be considered
individually in determining such eligibility.
(q) EXTENSION OF PROCUREMENT AUTHORITY.—Section 7077 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112–74) shall
continue in effect during fiscal year 2023.
(r) SECTION 889.—For the purposes of obligations and expenditures made with funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations, and related programs, the waiver authority in section
889(d)(2) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115–232) may also be available
to the Secretary of State, following consultation with the Director
of National Intelligence: Provided, That not later than 60 days
after the date of enactment of this Act, the Secretary of State
shall submit to the appropriate congressional committees a report
detailing the use of the authority of this subsection since the date
of enactment of this Act, which shall include the scope and duration
of any waiver granted, the entity covered by such waiver, and
a detailed description of the national security interest served: Provided further, That such report shall be updated every 60 days
until September 30, 2024.
(s) DEFINITIONS.—
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Unless
otherwise defined in this Act, for purposes of this Act the
term ‘‘appropriate congressional committees’’ means the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives.
(2) FUNDS APPROPRIATED BY THIS ACT AND PRIOR ACTS.—
Unless otherwise defined in this Act, for purposes of this Act
the term ‘‘funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs’’ means funds that remain available for
obligation, and have not expired.
(3) INTERNATIONAL FINANCIAL INSTITUTIONS.—In this Act
‘‘international financial institutions’’ means the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the Inter-American Development Bank, the International
Monetary Fund, the International Fund for Agricultural
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Definition.
Time period.
22 USC 2152i
note.
Waiver authority.
Consultation.
Reports.
Updates.
Termination
date.
8 USC 1182 note.
22 USC 262h
note.
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PUBLIC LAW 117–328—DEC. 29, 2022
Development, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for
Reconstruction and Development, the African Development
Bank, the African Development Fund, and the Multilateral
Investment Guarantee Agency.
(4) SPEND PLAN.—In this Act, the term ‘‘spend plan’’ means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of—
(A) realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing
or planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(5) SUCCESSOR OPERATING UNIT.—Any reference to a particular operating unit or office in this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs shall be deemed to include any successor
operating unit performing the same or similar functions.
(6) USAID.—In this Act, the term ‘‘USAID’’ means the
United States Agency for International Development.
22 USC 2152i
note.
LAW ENFORCEMENT AND SECURITY
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Applicability.
Determination.
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SEC. 7035. (a) ASSISTANCE.—
(1) COMMUNITY-BASED POLICE ASSISTANCE.—Funds made
available under titles III and IV of this Act to carry out the
provisions of chapter 1 of part I and chapters 4 and 6 of
part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights,
the rule of law, anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support democratic
governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and
foster improved police relations with the communities they
serve.
(2) COMBAT CASUALTY CARE.—
(A) Consistent with the objectives of the Foreign Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ‘‘Peacekeeping
Operations’’ and ‘‘Foreign Military Financing Program’’
shall be made available for combat casualty training and
equipment in an amount above the prior fiscal year.
(B) The Secretary of State shall offer combat casualty
care training and equipment as a component of any package
of lethal assistance funded by this Act with funds appropriated under the headings ‘‘Peacekeeping Operations’’ and
‘‘Foreign Military Financing Program’’: Provided, That the
requirement of this subparagraph shall apply to a country
in conflict, unless the Secretary determines that such
country has in place, to the maximum extent practicable,
functioning combat casualty care treatment and equipment
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the Secretary of State and the USAID Administrator shall consult
with the Committees on Appropriations on the proposed uses
of such funds prior to obligation and not later than 60 days
after the date of enactment of this Act: Provided further, That
such funds shall be in addition to funds otherwise made available by this Act for such purpose.
(b) AUTHORITIES.—
(1) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under
section 660(b)(6) of the Foreign Assistance Act of 1961, support
for a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-national
entity emerging from instability, as well as a nation emerging
from instability.
(2) DISARMAMENT, DEMOBILIZATION, AND REINTEGRATION.—
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J
of Public Law 113–235) shall continue in effect during fiscal
year 2023.
(3) COMMERCIAL LEASING OF DEFENSE ARTICLES.—Notwithstanding any other provision of law, and subject to the regular
notification procedures of the Committees on Appropriations,
the authority of section 23(a) of the Arms Export Control Act
(22 U.S.C. 2763) may be used to provide financing to Israel,
Egypt, the North Atlantic Treaty Organization (NATO), and
major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense articles
from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the President
determines that there are compelling foreign policy or national
security reasons for those defense articles being provided by
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Deadline.
Extension.
Notification.
Israel.
Egypt.
President.
Determination.
PUBL328
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) OVERSIGHT AND ACCOUNTABILITY.—(A) Prior to the
signing of a new Letter of Offer and Acceptance (LOA) involving
funds appropriated under the heading ‘‘Foreign Military
Financing Program’’, the Secretary of State shall consult with
each recipient government to ensure that the LOA between
the United States and such recipient government complies with
the purposes of section 4 of the Arms Export Control Act
(22 U.S.C. 2754) and that the defense articles, services, and
training procured with funds appropriated under such heading
are consistent with United States national security policy.
(B) The Secretary of State shall promptly inform the appropriate congressional committees of any instance in which the
Secretary of State has credible information that such assistance
was used in a manner contrary to such agreement.
(c) LIMITATIONS.—
(1) CHILD SOLDIERS.—Funds appropriated by this Act
should not be used to support any military training or operations that include child soldiers.
(2) LANDMINES AND CLUSTER MUNITIONS.—
(A) AUTHORITY.—Notwithstanding any other provision
of law, demining equipment available to the United States
Agency for International Development and the Department
of State and used in support of the clearance of landmines
and unexploded ordnance for humanitarian purposes may
be disposed of on a grant basis in foreign countries, subject
to such terms and conditions as the Secretary of State
may prescribe.
(B) REPORT.—Not later than 120 days after the date
of enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit a report
to the appropriate congressional committees on
implementation of the United States policy regarding antipersonnel 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
Consultation.
Compliance.
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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) CROWD CONTROL.—If the Secretary of State has information that a unit of a foreign security force uses excessive force
to repress peaceful expression or assembly concerning corruption, harm to the environment or human health, or the fairness
of electoral processes, or in countries that are undemocratic
or undergoing democratic transition, the Secretary shall
promptly determine if such information is credible: Provided,
That if the information is determined to be credible, funds
appropriated by this Act should not be used for tear gas,
small arms, light weapons, ammunition, or other items for
crowd control purposes for such unit, unless the Secretary
of State determines that the foreign government is taking effective measures to bring the responsible members of such unit
to justice.
(d) REPORTS.—
(1) SECURITY ASSISTANCE REPORT.—Not later than 120 days
after the date of enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations a report
on funds obligated and expended during fiscal year 2022, by
country and purpose of assistance, under the headings ‘‘Peacekeeping Operations’’, ‘‘International Military Education and
Training’’, and ‘‘Foreign Military Financing Program’’.
(2) ANNUAL FOREIGN MILITARY TRAINING REPORT.—For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ‘‘military training provided to foreign
military personnel by the Department of Defense and the
Department of State’’ shall be deemed to include all military
training provided by foreign governments with funds appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally: Provided, That such third-country training shall be clearly
identified in the report submitted pursuant to section 656 of
such Act.
Determinations.
Definition.
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ASSISTANCE FOR INNOCENT VICTIMS OF CONFLICT
SEC. 7036. Of the funds appropriated under title III of this
Act, not less than $10,000,000 shall be made available for the
Marla Ruzicka Fund for Innocent Victims of Conflict: Provided,
That the USAID Administrator shall consult with the Committees
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Consultation.
Deadline.
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PUBLIC LAW 117–328—DEC. 29, 2022
on Appropriations not later than 60 days after the date of enactment
of this Act on the proposed uses of such funds.
PALESTINIAN STATEHOOD
Determination.
Certification.
President.
Determination.
SEC. 7037. (a) LIMITATION ON ASSISTANCE.—None of the funds
appropriated under titles III through VI of this Act may be provided
to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees
that—
(1) the governing entity of a new Palestinian state—
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism
and terrorist financing in the West Bank and Gaza,
including the dismantling of terrorist infrastructures, and
is cooperating with appropriate Israeli and other appropriate security organizations; and
(2) the Palestinian Authority (or the governing entity of
a new Palestinian state) is working with other countries in
the region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include—
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment of demilitarized zones;
(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) WAIVER.—The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity, in
order to help meet the requirements of subsection (a), consistent
with the provisions of section 7040 of this Act (‘‘Limitation on
Assistance for the Palestinian Authority’’).
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5041
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ASSISTANCE FOR THE WEST BANK AND GAZA
SEC. 7039. (a) OVERSIGHT.—For fiscal year 2023, 30 days prior
to the initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to
assure the Comptroller General of the United States will have
access to appropriate United States financial information in order
to review the uses of United States assistance for the Program
funded under the heading ‘‘Economic Support Fund’’ for the West
Bank and Gaza.
(b) VETTING.—Prior to the obligation of funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity,
or educational institution that the Secretary knows or has reason
to believe advocates, plans, sponsors, engages in, or has engaged
in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the
entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating
terrorist activity or determined to be a member of a designated
foreign terrorist organization: Provided, That the Secretary of State
shall, as appropriate, establish procedures specifying the steps to
be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which
the Secretary has determined to be involved in or advocating terrorist activity.
(c) PROHIBITION.—
(1) RECOGNITION OF ACTS OF TERRORISM.—None of the
funds appropriated under titles III through VI of this Act
for assistance under the West Bank and Gaza Program may
be made available for—
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) SECURITY ASSISTANCE AND REPORTING REQUIREMENT.—
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on Appropriations on—
(A) the benchmarks that have been established for
security assistance for the West Bank and Gaza and on
the extent of Palestinian compliance with such benchmarks;
and
(B) the steps being taken by the Palestinian Authority
to end torture and other cruel, inhuman, and degrading
treatment of detainees, including by bringing to justice
members of Palestinian security forces who commit such
crimes.
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Time period.
Deadline.
Certification.
Procedures.
Records.
Review.
Terrorism.
Determinations.
Procedures.
Termination.
Determination.
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136 STAT. 5042
PUBLIC LAW 117–328—DEC. 29, 2022
(d) OVERSIGHT BY THE UNITED STATES AGENCY FOR INTERDEVELOPMENT.—
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and
Gaza Program, are conducted at least on an annual basis
to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,300,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits, investigations, and other activities in furtherance of the requirements of this subsection: Provided, That such funds are in
addition to funds otherwise available for such purposes.
(e) COMPTROLLER GENERAL OF THE UNITED STATES AUDIT.—
Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and
an investigation of the treatment, handling, and uses of all funds
for the bilateral West Bank and Gaza Program, including all funds
provided as cash transfer assistance, in fiscal year 2023 under
the heading ‘‘Economic Support Fund’’, and such audit shall
address—
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations
and expenditures.
(f) NOTIFICATION PROCEDURES.—Funds made available in this
Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.
NATIONAL
Audits.
Contracts.
Grants.
Deadline.
Compliance.
Investigation.
Compliance.
Examination.
LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY
President.
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Certification.
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SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the Palestinian
Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interest of the
United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the justification for
the waiver, the purposes for which the funds will be spent, and
the accounting procedures in place to ensure that the funds are
properly disbursed: Provided, That the report shall also detail the
steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5043
(e) CERTIFICATION.—If the President exercises the waiver
authority under subsection (b), the Secretary of State must certify
and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and
all financing mechanisms flow through this account, no parallel
financing mechanisms exist outside of the Palestinian Authority
treasury account, and there is a single comprehensive civil service
roster and payroll, and the Palestinian Authority is acting to
counter incitement of violence against Israelis and is supporting
activities aimed at promoting peace, coexistence, and security
cooperation with Israel.
(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION
ORGANIZATION.—
(1) None of the funds appropriated in titles III through
VI of this Act may be obligated for salaries of personnel of
the Palestinian Authority located in Gaza or may be obligated
or expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying
with the principles contained in section 620K(b)(1) (A) and
(B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2)
is exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are
continuing to comply with the principles contained in section
620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961,
as amended: Provided, That the report shall also detail the
amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
Reports.
Certification.
Reports.
Compliance.
Reports.
Compliance.
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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
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136 STAT. 5044
Reports.
Consultation.
Notification.
Human rights.
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Compliance.
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PUBLIC LAW 117–328—DEC. 29, 2022
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is—
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) ECONOMIC SUPPORT FUND.—Of the funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’, not
less than $125,000,000 shall be made available for assistance
for Egypt, of which not less than $40,000,000 should be made
available for higher education programs, including not less
than $15,000,000 for scholarships for Egyptian students with
high financial need to attend not-for-profit institutions of higher
education in Egypt that are currently accredited by a regional
accrediting agency recognized by the United States Department
of Education, or meets standards equivalent to those required
for United States institutional accreditation by a regional
accrediting agency recognized by such Department: Provided,
That such funds shall be made available for democracy programs, and for development programs in the Sinai.
(3) FOREIGN MILITARY FINANCING PROGRAM.—
(A) CERTIFICATION.—Of the funds appropriated by this
Act under the heading ‘‘Foreign Military Financing Program’’, $1,300,000,000, to remain available until September
30, 2024, should be made available for assistance for Egypt:
Provided, That such funds may be transferred to an interest
bearing account in the Federal Reserve Bank of New York,
following consultation with the Committees on Appropriations, and the uses of any interest earned on such funds
shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That
$225,000,000 of such funds shall be withheld from obligation until the Secretary of State certifies and reports to
the Committees on Appropriations that the Government
of Egypt is taking sustained and effective steps to—
(i) strengthen the rule of law, democratic institutions, and human rights in Egypt, including to protect
religious minorities and the rights of women, which
are in addition to steps taken during the previous
calendar year for such purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly,
including the ability of civil society organizations,
human rights defenders, and the media to function
without interference;
(iii) hold Egyptian security forces accountable,
including officers credibly alleged to have violated
human rights;
(iv) investigate and prosecute cases of extrajudicial
killings and forced disappearances;
(v) provide regular access for United States officials to monitor such assistance in areas where the
assistance is used; and
(vi) comply with the requirement under this section
in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act).
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5045
(B) WAIVER.—The Secretary of State may waive the
certification requirement in subparagraph (A) if the Secretary determines and reports to the Committees on Appropriations that such funds are necessary for counterterrorism, border security, or nonproliferation programs or
that it is otherwise important to the national security
interest of the United States to do so, and submits a
report to such Committees containing a detailed justification for the use of such waiver and the reasons why any
of the requirements of subparagraph (A) cannot be met:
Provided, That the report required by this paragraph shall
be submitted in unclassified form, but may be accompanied
by a classified annex.
(C) In addition to the funds withheld pursuant to
subparagraph (A), $95,000,000 of the funds made available
pursuant to this paragraph shall be withheld from obligation until the Secretary of State determines and reports
to the Committees on Appropriations that the Government
of Egypt is making clear and consistent progress in
releasing political prisoners, providing detainees with due
process of law, and preventing the intimidation and harassment of American citizens.
(b) IRAN.—
(1) FUNDING.—Funds appropriated by this Act under the
headings ‘‘Diplomatic Programs’’, ‘‘Economic Support Fund’’,
and ‘‘Nonproliferation, Anti-terrorism, Demining and Related
Programs’’ shall be made available for the programs and activities described under this section in House Report 117–401.
(2) REPORTS.—
(A) SEMI-ANNUAL REPORT.—The Secretary of State shall
submit to the Committees on Appropriations the semiannual 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
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Determination.
Determination.
Political
prisoners.
Detainees.
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136 STAT. 5046
Disbursement.
Deadline.
Consultation.
Lebanese
Internal Security
Forces.
Lebanese Armed
Forces.
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Terrorism.
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PUBLIC LAW 117–328—DEC. 29, 2022
right of due process, end the use of torture, and combat
corruption;
(D) humanitarian assistance, including in the
Kurdistan Region of Iraq;
(E) programs to protect and assist religious and ethnic
minority populations; and
(F) programs to increase United States private sector
investment.
(2) BASING RIGHTS.—None of the funds appropriated or
otherwise made available by this Act may be used by the
Government of the United States to enter into a permanent
basing rights agreement between the United States and Iraq.
(d) ISRAEL.—Of the funds appropriated by this Act under the
heading ‘‘Foreign Military Financing Program’’, not less than
$3,300,000,000 shall be available for grants only for Israel which
shall be disbursed within 30 days of enactment of this Act: Provided,
That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel
under this heading shall, as agreed by the United States and
Israel, be available for advanced weapons systems, of which not
less than $775,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including research
and development.
(e) JORDAN.—Of the funds appropriated by this Act under titles
III and IV, not less than $1,650,000,000 shall be made available
for assistance for Jordan, of which not less than $845,100,000
shall be made available for budget support for the Government
of Jordan and not less than $425,000,000 shall be made available
under the heading ‘‘Foreign Military Financing Program’’.
(f) LEBANON.—
(1) ASSISTANCE.—Funds appropriated under titles III and
IV of this Act shall be made available for assistance for Lebanon: Provided, That such funds made available under the
heading ‘‘Economic Support Fund’’ may be made available notwithstanding section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C.
2346 note).
(2) SECURITY ASSISTANCE.—
(A) Funds appropriated by this Act under the headings
‘‘International Narcotics Control and Law Enforcement’’
and ‘‘Foreign Military Financing Program’’ that are made
available for assistance for Lebanon may be made available
for programs and equipment for the Lebanese Internal
Security Forces (ISF) and the Lebanese Armed Forces
(LAF) to address security and stability requirements in
areas affected by conflict in Syria, following consultation
with the appropriate congressional committees.
(B) Funds appropriated by this Act under the heading
‘‘Foreign Military Financing Program’’ that are made available for assistance for Lebanon may only be made available
for programs to—
(i) professionalize the LAF to mitigate internal
and external threats from non-state actors, including
Hizballah;
(ii) strengthen border security and combat terrorism, including training and equipping the LAF to
secure the borders of Lebanon and address security
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That prior to obligating funds made available
by this subparagraph for assistance for the LAF, the Secretary of State shall submit to the Committees on Appropriations a spend plan, including actions to be taken to
ensure equipment provided to the LAF is used only for
the intended purposes, except such plan may not be considered as meeting the notification requirements under section
7015 of this Act or under section 634A of the Foreign
Assistance Act of 1961: Provided further, That any notification submitted pursuant to such section shall include any
funds specifically intended for lethal military equipment.
(3) LIMITATION.—None of the funds appropriated by this
Act may be made available for the ISF or the LAF if the
ISF or the LAF is controlled by a foreign terrorist organization,
as designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(g) LIBYA.—Funds appropriated under titles III and IV of this
Act shall be made available for stabilization assistance for Libya,
including support for a United Nations-facilitated political process
and border security: Provided, That the limitation on the uses
of funds for certain infrastructure projects in section 7041(f)(2)
of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–
76) shall apply to such funds.
(h) MOROCCO.—Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Morocco.
(i) SAUDI ARABIA.—
(1) PROHIBITION.—None of the funds appropriated by this
Act under the heading ‘‘International Military Education and
Training’’ may be made available for assistance for the Government of Saudi Arabia.
(2) EXPORT-IMPORT BANK.—None of the funds appropriated
or otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs should be obligated or expended by the
Export-Import Bank of the United States to guarantee, insure,
or extend (or participate in the extension of) credit in connection
with the export of nuclear technology, equipment, fuel, materials, or other nuclear technology-related goods or services to
Saudi Arabia unless the Government of Saudi Arabia—
(A) has in effect a nuclear cooperation agreement
pursuant to section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153);
(B) has committed to renounce uranium enrichment
and reprocessing on its territory under that agreement;
and
(C) has signed and implemented an Additional Protocol
to its Comprehensive Safeguards Agreement with the International Atomic Energy Agency.
(j) SYRIA.—
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Notification.
Applicability.
PUBL328
136 STAT. 5048
Determination.
Bashar al-Assad.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) NON-LETHAL ASSISTANCE.—Funds appropriated by this
Act under titles III and IV may be made available, notwithstanding any other provision of law, for non-lethal stabilization
assistance for Syria, including for emergency medical and
rescue response and chemical weapons investigations.
(2) LIMITATIONS.—Funds made available pursuant to paragraph (1) of this subsection—
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of
Iran, foreign terrorist organizations (as designated pursuant to section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189)), or a proxy of Iran in Syria;
(B) may not be made available for activities that further the strategic objectives of the Government of the Russian Federation that the Secretary of State determines
may threaten or undermine United States national security
interests; and
(C) should not be used in areas of Syria controlled
by a government led by Bashar al-Assad or associated
forces.
(3) CONSULTATION AND NOTIFICATION.—Funds made available pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(k) TUNISIA.—
(1) ASSISTANCE.—Funds appropriated under titles III and
IV of this Act shall be made available for assistance for Tunisia
for programs to improve economic growth and opportunity,
support democratic governance and civil society, protect due
process of law, and maintain regional stability and security,
following consultation with the Committees on Appropriations.
(2) REPORT.—Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit
a report to the Committees on Appropriations on the extent
to which—
(A) the Government of Tunisia is implementing economic reforms, countering corruption, and taking credible
steps to restore constitutional order and democratic governance, including respecting freedoms of expression, association, and the press, and the rights of members of political
parties, that are in addition to steps taken in the preceding
fiscal year;
(B) the Government of Tunisia is maintaining the
independence of the judiciary and holding security forces
who commit human rights abuses accountable; and
(C) the Tunisian military has remained an apolitical
and professional institution.
(l) WEST BANK AND GAZA.—
(1) ASSISTANCE.—Funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’ shall be made available
for programs in the West Bank and Gaza, which may include
water, sanitation, and other infrastructure improvements.
(2) REPORT ON ASSISTANCE.—Prior to the initial obligation
of funds made available by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and
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PUBLIC LAW 117–328—DEC. 29, 2022
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) The Secretary of State may waive the restriction
in clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do
so is in the national security interest of the United States,
and submits a report to such Committees detailing how
the waiver and the continuation of assistance would assist
in furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100–204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of
the Senate, and the appropriate congressional committees
that the Palestinians have not, after the date of enactment
of this Act—
(I) obtained in the United Nations or any specialized agency thereof the same standing as member
states or full membership as a state outside an agreement negotiated between Israel and the Palestinians;
and
(II) initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes
against Palestinians.
(ii) Not less than 90 days after the President is unable
to make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of
Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that the Palestinians have
entered into direct and meaningful negotiations with Israel:
Provided, That any waiver of the provisions of section
1003 of Public Law 100–204 under clause (i) of this
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Waiver authority.
Certification.
Reports.
President.
Waiver authority.
Determination.
Certification.
Deadline.
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136 STAT. 5050
PUBLIC LAW 117–328—DEC. 29, 2022
subparagraph or under previous provisions of law must
expire before the waiver under this clause may be exercised.
(iii) Any waiver pursuant to this subparagraph shall
be effective for no more than a period of 6 months at
a time and shall not apply beyond 12 months after the
enactment of this Act.
(4) APPLICATION OF TAYLOR FORCE ACT.—Funds appropriated by this Act under the heading ‘‘Economic Support Fund’’
that are made available for assistance for the West Bank and
Gaza shall be made available consistent with section 1004(a)
of the Taylor Force Act (title X of division S of Public Law
115–141).
(5) SECURITY REPORT.—The reporting requirements in section 1404 of the Supplemental Appropriations Act, 2008 (Public
Law 110–252) shall apply to funds made available by this
Act, including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) INCITEMENT REPORT.—Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
detailing steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
Applicability.
AFRICA
Determination.
Reports.
Lord’s Resistance
Army.
Child soldiers.
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SEC. 7042. (a) AFRICAN GREAT LAKES REGION ASSISTANCE
RESTRICTION.—Funds appropriated by this Act under the heading
‘‘International Military Education and Training’’ for the central
government of a country in the African Great Lakes region may
be made available only for Expanded International Military Education and Training and professional military education until the
Secretary of State determines and reports to the Committees on
Appropriations that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring country,
including aiding and abetting armed groups.
(b) CENTRAL AFRICAN REPUBLIC.—Of the funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’, not less
than $3,000,000 shall be made available for a contribution to the
Special Criminal Court in Central African Republic.
(c) COUNTER ILLICIT ARMED GROUPS.—Funds appropriated by
this Act shall be made available for programs and activities in
areas affected by the Lord’s Resistance Army (LRA) or other illicit
armed groups in Eastern Democratic Republic of the Congo and
the Central African Republic, including to improve physical access,
telecommunications infrastructure, and early-warning mechanisms
and to support the disarmament, demobilization, and reintegration
of former LRA combatants, especially child soldiers.
(d) DEMOCRATIC REPUBLIC OF THE CONGO.—Funds appropriated
by this Act shall be made available for assistance for the Democratic
Republic of the Congo (DRC) for stabilization, democracy, global
health, and bilateral economic assistance, including in areas affected
by, and at risk from, the Ebola virus disease: Provided, That such
funds shall also be made available to support security, stabilization,
development, and democracy in Eastern DRC: Provided further,
That funds appropriated by this Act under the headings ‘‘Peacekeeping Operations’’ and ‘‘International Military Education and
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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, That funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for any new program, project, or activity in South Sudan shall
be subject to prior consultation with the appropriate congressional
committees.
(h) SUDAN.—
(1) ASSISTANCE.—Funds appropriated by this Act under
title III that are made available for assistance for Sudan may
be made available to support a civilian-led transition in Sudan.
(2) LIMITATION.—None of the funds appropriated by this
Act under title IV may be made available for assistance for
the central Government of Sudan, except to support
implementation of outstanding issues of the Comprehensive
Peace Agreement, mutual arrangements related to post-referendum issues associated with such Agreement, or any other
viable peace agreement in Sudan.
(3) CONSULTATION.—Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available for any new program, project, or activity in Sudan shall
be subject to prior consultation with the appropriate congressional committees.
(i) ZIMBABWE.—
(1) INSTRUCTION.—The Secretary of the Treasury shall
instruct the United States executive director of each international financial institution to vote against any extension
by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to
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Consultation.
Certification.
Reports.
22 USC 2151
note.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
Consultations.
Human rights.
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SEC. 7043. (a) BURMA.—
(1) USES OF FUNDS.—Of the funds appropriated by this
Act, not less than $136,127,000 shall be made available for
assistance for Burma, which—
(A) may be made available notwithstanding any other
provision of law and following consultation with the appropriate congressional committees;
(B) may be made available for support for the administrative operations and programs of entities that support
peaceful efforts to establish an inclusive and representative
democracy in Burma and a federal union to foster equality
among Burma’s diverse ethnic groups, following consultation with the Committees on Appropriations;
(C) shall be made available for programs to promote
ethnic and religious tolerance, unity, and accountability
and to combat gender-based violence, including in Kachin,
Chin, Mon, Karen, Karenni, Rakhine, and Shan states;
(D) shall be made available for community-based
organizations with experience operating in Thailand to provide food, medical, and other humanitarian assistance to
internally displaced persons in eastern Burma, in addition
to assistance for Burmese refugees from funds appropriated
by this Act under the heading ‘‘Migration and Refugee
Assistance’’; and
(E) shall be made available for programs and activities
to investigate and document violations of human rights
in Burma committed by the military junta.
(2) INTERNATIONAL SECURITY ASSISTANCE.—None of the
funds appropriated by this Act under the headings ‘‘International Military Education and Training’’ and ‘‘Foreign Military Financing Program’’ may be made available for assistance
for Burma.
(3) LIMITATIONS.—None of the funds appropriated by this
Act that are made available for assistance for Burma may
be made available to the State Administration Council or any
organization or entity controlled by, or an affiliate of, the armed
forces of Burma, or to any individual or organization that
has committed a gross violation of human rights or advocates
violence against ethnic or religious groups or individuals in
Burma, as determined by the Secretary of State for programs
administered by the Department of State and USAID or the
President of the National Endowment for Democracy (NED)
for programs administered by NED.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) CERTIFICATION.—None of the funds appropriated
by this Act that are made available for assistance for
the Government of Cambodia may be obligated or expended
unless the Secretary of State certifies and reports to the
Committees on Appropriations that such Government is
taking effective steps to—
(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions with respect to North Korea;
(ii) assert its sovereignty against interference by
the People’s Republic of China, including by verifiably
maintaining the neutrality of Ream Naval Base, other
military installations in Cambodia, and dual use facilities such as the runway at the Dara Sakor development
project;
(iii) cease violence, threats, and harassment
against civil society and the political opposition in
Cambodia, and dismiss any politically motivated
criminal charges against critics of the government; and
(iv) respect the rights, freedoms, and responsibilities enshrined in the Constitution of the Kingdom
of Cambodia as enacted in 1993.
(B) EXCEPTIONS.—The certification required by
subparagraph (A) shall not apply to funds appropriated
by this Act and made available for democracy, health,
education, and environment programs, programs to
strengthen the sovereignty of Cambodia, and programs to
educate and inform the people of Cambodia of the influence
activities of the People’s Republic of China in Cambodia.
(3) USES OF FUNDS.—Funds appropriated under title III
of this Act for assistance for Cambodia shall be made available
for—
(A) research, documentation, and education programs
associated with the Khmer Rouge in Cambodia; and
(B) programs in the Khmer language to monitor, map,
and publicize the efforts by the People’s Republic of China
to expand its influence in Cambodia.
(c) INDO-PACIFIC STRATEGY AND THE ASIA REASSURANCE INITIATIVE ACT OF 2018.—
(1) ASSISTANCE.—Of the funds appropriated under titles
III and IV of this Act, not less than $1,800,000,000 shall be
made available to support implementation of the Indo-Pacific
Strategy and the Asia Reassurance Initiative Act of 2018 (Public
Law 115–409).
(2) COUNTERING PRC INFLUENCE FUND.—Of the funds appropriated by this Act under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism,
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Consultation.
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Allocation.
Transfer
authority.
Notification.
Determination.
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Assessments.
Determination.
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PUBLIC LAW 117–328—DEC. 29, 2022
Demining and Related Programs’’, and ‘‘Foreign Military
Financing Program’’, not less than $325,000,000 shall be made
available for a Countering PRC Influence Fund to counter
the influence of the Government of the People’s Republic of
China and the Chinese Communist Party and entities acting
on their behalf globally, which shall be subject to prior consultation with the Committees on Appropriations: Provided, That
such funds are in addition to amounts otherwise made available
for such purposes: Provided further, That up to 10 percent
of such funds shall be held in reserve to respond to unanticipated opportunities to counter PRC influence: Provided further,
That the uses of such funds shall be the joint responsibility
of the Secretary of State and the USAID Administrator, and
shall be allocated as specified under this section in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
funds made available pursuant to this paragraph under the
heading ‘‘Foreign Military Financing Program’’ may remain
available until September 30, 2024: Provided further, That
funds appropriated by this Act for such Fund under the
headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related
Programs’’, and ‘‘Foreign Military Financing Program’’ may be
transferred to, and merged with, funds appropriated under
such headings: Provided further, That such transfer authority
is in addition to any other transfer authority provided by this
Act or any other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(3) RESTRICTION ON USES OF FUNDS.—None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity
that directly supports or promotes—
(A) the Belt and Road Initiative or any dual-use infrastructure projects of the People’s Republic of China; and
(B) the use of technology, including biotechnology, digital, telecommunications, and cyber, developed by the People’s Republic of China unless the Secretary of State, in
consultation with the USAID Administrator and the heads
of other Federal agencies, as appropriate, determines that
such use does not adversely impact the national security
of the United States.
(4) MAPS.—None of the funds made available by this Act
should be used to create, procure, or display any map that
inaccurately depicts the territory and social and economic
system of Taiwan and the islands or island groups administered
by Taiwan authorities.
(d) LAOS.—Of the funds appropriated by this Act under titles
III and IV, not less than $93,000,000 shall be made available
for assistance for Laos, including for assistance for persons with
disabilities caused by unexploded ordnance accidents, and of which
not less than $1,500,000 should be made available for programs
to assist persons with severe physical mobility, cognitive, or developmental disabilities in areas sprayed with Agent Orange: Provided,
That funds made available pursuant to this subsection may be
used, in consultation with the Government of Laos, for assessments
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PUBLIC LAW 117–328—DEC. 29, 2022
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) CYBERSECURITY.—None of the funds appropriated by
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be made
available for assistance for the central government of a country
the Secretary of State determines and reports to the appropriate
congressional committees engages in significant transactions
contributing materially to the malicious cyber-intrusion
capabilities of the Government of North Korea: Provided, That
the Secretary of State shall submit the report required by
section 209 of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114–122; 22 U.S.C. 9229) to
the Committees on Appropriations: Provided further, That the
Secretary of State may waive the application of the restriction
in this paragraph with respect to assistance for the central
government of a country if the Secretary determines and reports
to the appropriate congressional committees that to do so is
important to the national security interest of the United States,
including a description of such interest served.
(2) BROADCASTS.—Funds appropriated by this Act under
the heading ‘‘International Broadcasting Operations’’ shall be
made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(3) HUMAN RIGHTS.—Funds appropriated by this Act under
the headings ‘‘Economic Support Fund’’ and ‘‘Democracy Fund’’
shall be made available for the promotion of human rights
in North Korea: Provided, That the authority of section
7032(b)(1) of this Act shall apply to such funds.
(4) LIMITATION ON USE OF FUNDS.—None of the funds made
available by this Act under the heading ‘‘Economic Support
Fund’’ may be made available for assistance for the Government
of North Korea.
(f) PACIFIC ISLANDS COUNTRIES.—
(1) OPERATIONS.—Funds appropriated under title I in this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be made
available for establishing and operating diplomatic facilities
in Kiribati, Tonga, Solomon Islands, and Vanuatu, subject to
section 7015(a)(3) of this Act and following consultation with
the Committees on Appropriations.
(2) ASSISTANCE.—Of the funds appropriated by this Act
under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law
Enforcement″, ″Nonproliferation, Anti-terrorism, Demining and
Related Programs’’, and ‘‘Foreign Military Financing Program’’,
not less than $150,000,000 shall be made available for assistance for Pacific Islands countries, as specified under this section
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), following
consultation with the Committees on Appropriations: Provided,
That funds made available pursuant to this paragraph shall
be made available for joint development and security programs
between the United States and such countries in coordination
with regional allies and partners, including Taiwan.
(g) PEOPLE’S REPUBLIC OF CHINA.—
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Reports.
Waiver authority.
Determination.
Applicability.
Consultation.
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Deadline.
Notification.
Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) LIMITATION ON USE OF FUNDS.—None of the funds appropriated under the heading ‘‘Diplomatic Programs’’ in this Act
may be obligated or expended for processing licenses for the
export of satellites of United States origin (including commercial satellites and satellite components) to the People’s Republic
of China (PRC) unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action.
(2) PEOPLE’S LIBERATION ARMY.—The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961
shall apply to foreign assistance projects or activities of the
People’s Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or controlled
by, or an affiliate of, the PLA: Provided, That none of the
funds appropriated or otherwise made available pursuant to
this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary
of State has reason to believe is owned or controlled by, or
an affiliate of, the PLA.
(3) HONG KONG.—
(A) DEMOCRACY PROGRAMS.—Of the funds appropriated
by this Act under the first paragraph under the heading
‘‘Democracy Fund’’, not less than $5,000,000 shall be made
available for democracy and Internet freedom programs
for Hong Kong, including legal and other support for democracy activists.
(B) RESTRICTIONS ON ASSISTANCE.—None of the funds
appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and
related programs that are made available for assistance
for Hong Kong should be obligated for assistance for the
Government of the People’s Republic of China and the
Chinese Communist Party or any entity acting on their
behalf in Hong Kong.
(C) REPORT.—The report required under section
7043(f)(3)(C) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116–260) shall be updated and
submitted to the Congress in the manner described.
(h) PHILIPPINES.—None of the funds appropriated by this Act
may be made available for counternarcotics assistance for the Philippines, except for drug demand reduction, maritime law enforcement, or transnational interdiction.
(i) TAIWAN.—
(1) GLOBAL COOPERATION AND TRAINING FRAMEWORK.—Of
the funds appropriated by this Act under the heading ‘‘Economic
Support Fund’’, not less than $4,000,000 shall be made available
for the Global Cooperation and Training Framework, which
shall be administered by the American Institute in Taiwan.
(2) FOREIGN MILITARY FINANCING.—Funds appropriated by
this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under
the heading ‘‘Foreign Military Financing Program’’, except for
amounts designated as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, may be made
available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans and loan guarantees
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PUBLIC LAW 117–328—DEC. 29, 2022
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) CONSULTATION.—Not later than 60 days after the date
of enactment of this Act, the Secretary of State shall consult
with the Committees on Appropriations on the uses of funds
made available pursuant to this subsection: Provided, That
such funds shall be subject to the regular notification procedures of the Committees on Appropriations.
(j) TIBET.—
(1) FINANCING OF PROJECTS IN TIBET.—The Secretary of
the Treasury should instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject
to effective monitoring.
(2) PROGRAMS FOR TIBETAN COMMUNITIES.—
(A) Notwithstanding any other provision of law, of
the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $10,000,000 shall be
made available to nongovernmental organizations with
experience working with Tibetan communities to support
activities which preserve cultural traditions and promote
sustainable development, education, and environmental
conservation in Tibetan communities in the Tibet Autonomous Region and in other Tibetan communities in China.
(B) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, not less than $8,000,000
shall be made available for programs to promote and preserve Tibetan culture and language in the refugee and
diaspora Tibetan communities, development, and the resilience of Tibetan communities and the Central Tibetan
Administration in India and Nepal, and to assist in the
education and development of the next generation of
Tibetan leaders from such communities: Provided, That
such funds are in addition to amounts made available
in subparagraph (A) for programs inside Tibet.
(C) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, not less than $3,000,000
shall be made available for programs to strengthen the
capacity of the Central Tibetan Administration: Provided,
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Notification.
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Ante, p. 650.
PUBLIC LAW 117–328—DEC. 29, 2022
That such funds shall be administered by the United States
Agency for International Development.
(k) VIETNAM.—
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $197,000,000 shall be made available
for assistance for Vietnam, of which not less than—
(A) $30,000,000 shall be made available for health
and disability programs to assist persons with severe physical mobility, cognitive, or developmental disabilities: Provided, That such funds shall be prioritized to assist persons
whose disabilities may be related to the use of Agent
Orange and exposure to dioxin, or are the result of
unexploded ordnance accidents;
(B) $20,000,000 shall be made available, notwithstanding any other provision of law, for activities related
to the remediation of dioxin contaminated sites in Vietnam
and may be made available for assistance for the Government of Vietnam, including the military, for such purposes;
(C) $3,000,000 shall be made available for the Reconciliation/Vietnamese Wartime Accounting Initiative; and
(D) $15,000,000 shall be made available for higher
education programs.
(2) Section 7043(i)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022
(division K of Public Law 117–103) is amended by striking
‘‘that’’ and inserting ‘‘: Provided, That such funds shall be
prioritized to assist persons whose disabilities’’.
SOUTH AND CENTRAL ASIA
SEC. 7044. (a) AFGHANISTAN.—
(1) RESTRICTION.—None of the funds appropriated by this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs and made
available for assistance for Afghanistan may be made available
for direct assistance to the Taliban.
(2) AFGHAN SPECIAL IMMIGRANT VISAS.—Funds appropriated or otherwise made available by this Act under the
heading ‘‘Administration for Foreign Affairs’’ and fees available
for obligation during fiscal year 2023 in the Consular and
Border Security Programs account shall be made available for
additional Department of State personnel necessary to eliminate processing backlogs and expedite adjudication of Afghan
Special Immigrant Visa cases, including for the National Visa
Center and the Afghan Special Immigrant Visa Unit.
(3) AFGHAN STUDENTS.—Funds appropriated by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be made
available to support the higher education of students from
Afghanistan studying outside of the country, including the costs
of reimbursement to institutions hosting such students, as
appropriate: Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the Committees
on Appropriations prior to the initial obligation of funds for
such purposes.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 communitybased education, and other programs to address the basic
needs of the people of Afghanistan.
(b) BANGLADESH.—Of the funds appropriated under titles III
and IV of this Act that are made available for assistance for Bangladesh—
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from
Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and association, and
the right of due process; and
(3) not less than $23,300,000 shall be made available for
democracy programs.
(c) NEPAL.—Funds appropriated by this Act under the heading
‘‘Foreign Military Financing Program’’ that are made available for
assistance for Nepal shall only be made available for humanitarian
and disaster relief and reconstruction activities, and in support
of
international
peacekeeping
operations,
military
professionalization and training, and border security activities: Provided, That such funds may only be made available for additional
uses if the Secretary of State certifies and reports to the Committees
on Appropriations that the Government of Nepal is investigating
and prosecuting violations of human rights and the laws of war
by the Nepal Army, and the Nepal Army is cooperating fully with
civilian judicial authorities in such cases.
(d) PAKISTAN.—
(1) ASSISTANCE.—
(A) SECURITY ASSISTANCE.—Funds appropriated by this
Act under the heading ‘‘Foreign Military Financing Program’’ for assistance for Pakistan may be made available
only to support counterterrorism and counterinsurgency
capabilities in Pakistan.
(B) BILATERAL ECONOMIC ASSISTANCE.—Prior to the
obligation of funds made available by this Act under the
heading ‘‘Economic Support Fund’’ for assistance for the
central Government of Pakistan, the Secretary of State
shall submit a report to the appropriate congressional
committees detailing—
(i) the amount of financing and other support,
if any, provided by the Government of Pakistan to
schools supported by, affiliated with, or run by the
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Certification.
Reports.
Human rights.
Reports.
PUBL328
136 STAT. 5060
Consultation.
Reports.
Shakil Afridi.
Reports.
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PUBLIC LAW 117–328—DEC. 29, 2022
Taliban or any domestic or foreign terrorist organization in Pakistan;
(ii) the extent of cooperation by such government
in issuing visas in a timely manner for United States
visitors, including officials and representatives of nongovernmental organizations, engaged in assistance and
security programs in Pakistan;
(iii) the extent to which such government is providing humanitarian organizations access to detainees,
internally displaced persons, and other Pakistani
civilians affected by conflict in Pakistan and the region;
and
(iv) the extent to which such government is
strengthening democracy in Pakistan, including protecting freedom of expression, assembly, and religion.
(2) AUTHORITY AND USES OF FUNDS.—(A) Funds appropriated by this Act for assistance for Pakistan may be made
available notwithstanding any other provision of law, except
for section 620M of the Foreign Assistance Act of 1961.
(B) Funds appropriated by this Act under the heading
‘‘International Narcotics Control and Law Enforcement’’ shall
be made available for border security programs in Pakistan,
following consultation with the Committees on Appropriations.
(C) Funds appropriated by title III of this Act shall be
made available for programs to promote democracy and for
gender programs in Pakistan.
(3) WITHHOLDING.—Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison
and cleared of all charges relating to the assistance provided
to the United States in locating Osama bin Laden.
(e) SRI LANKA.—
(1) ASSISTANCE.—Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly
in areas recovering from ethnic and religious conflict.
(2) CERTIFICATION.—Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that such Government is taking effective and consistent steps to—
(A) protect the rights and freedoms of the people of
Sri Lanka regardless of ethnicity and religious belief,
including by investigating violations of human rights and
the laws of war and holding perpetrators of such violations
accountable;
(B) address the basic needs of the people of Sri Lanka
and responsibly mitigate the impact of the country’s economic collapse, including by increasing transparency and
accountability in governance;
(C) combat corruption, including bringing to justice
public officials who have engaged in significant acts of
corruption;
(D) assert its sovereignty against influence by the People’s Republic of China; and
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PUBLIC LAW 117–328—DEC. 29, 2022
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 postconflict 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.
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LATIN AMERICA AND THE CARIBBEAN
SEC. 7045. (a) CENTRAL AMERICA.—
(1) ASSISTANCE.—Funds appropriated by this Act under
titles III and IV shall be made available for assistance for
Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, including through the Central America
Regional Security Initiative: Provided, That such assistance
shall be prioritized for programs that address the violence,
poverty, corruption, and other factors that contribute to irregular migration, particularly of unaccompanied minors, to the
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Migration.
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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, That the
USAID Administrator shall consult with the Committees
on Appropriations on the planned uses of funds to carry
out this subparagraph prior to the initial obligation of
funds: Provided further, That such funds shall be subject
to the regular notification procedures of the Committees
on Appropriations.
(C) Funds made available pursuant to paragraph (1)
shall be made available for the youth empowerment program established pursuant to section 7045(a)(1)(C) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law
117–103).
(2) LIMITATION ON ASSISTANCE TO CERTAIN CENTRAL
GOVERNMENTS.—
(A) Of the funds made available pursuant to paragraph
(1) under the heading ‘‘Economic Support Fund’’ and under
title IV of this Act, 60 percent of such funds that are
made available for assistance for each of the central governments of El Salvador and Guatemala, and 45 percent of
such funds that are made available for assistance for the
central government of Honduras, may only be obligated
after the Secretary of State certifies and reports to the
Committees on Appropriations that such government is—
(i) combating corruption and impunity, including
investigating and prosecuting government officials,
military personnel, and police officers credibly alleged
to be corrupt;
(ii) implementing reforms, policies, and programs
to strengthen the rule of law, including increasing
the transparency of public institutions, strengthening
the independence of judicial and electoral institutions,
Consultation.
Notification.
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Certification.
Reports.
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.—
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Notification.
PUBL328
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) 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;
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Certifications.
Reports.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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136 STAT. 5066
Applicability.
Consultation.
Notification.
PUBLIC LAW 117–328—DEC. 29, 2022
(3) EXCEPTIONS.—Notwithstanding paragraph (1), funds
may be made available to support—
(A) free and fair elections;
(B) anti-gang police and administration of justice programs, including to reduce pre-trial detention and eliminate
inhumane prison conditions;
(C) public health, food security, subsistence farmers,
water and sanitation, education, and other programs to
meet basic human needs; and
(D) disaster relief and recovery.
(4) CONSULTATION.—Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available for assistance for Haiti shall be subject to prior consultation with the Committees on Appropriations: Provided, That
the requirement of this paragraph shall also apply to any
funds from such Acts that are made available for support
for an international security force in Haiti.
(5) PROHIBITION.—None of the funds appropriated or otherwise made available by this Act may be used for assistance
for the armed forces of Haiti.
(6) HAITIAN COAST GUARD.—The Government of Haiti shall
be eligible to purchase defense articles and services under
the Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(d) NICARAGUA.—Of the funds appropriated by this Act under
the heading ‘‘Development Assistance’’, not less than $15,000,000
shall be made available for democracy programs for Nicaragua,
including to support civil society.
(e) THE CARIBBEAN.—Of the funds appropriated by this Act
under titles III and IV, not less than $82,000,000 shall be made
available for the Caribbean Basin Security Initiative.
(f) VENEZUELA.—
(1) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’, $50,000,000 should be made available for democracy programs for Venezuela.
(2) Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under title III shall be made available
for assistance for communities in countries supporting or otherwise impacted by refugees from Venezuela, including Colombia,
Peru, Ecuador, Curacao, and Trinidad and Tobago: Provided,
That such amounts are in addition to funds otherwise made
available for assistance for such countries, subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That except as otherwise provided in section
7047(a) of this Act, funds may be made available without regard
to the restriction in this subsection if the President determines
that to do so is in the national security interest of the United
States: Provided further, That prior to executing the authority
contained in the previous proviso, the Secretary of State shall
consult with the Committees on Appropriations on how such assistance supports the national security interest of the United States.
(c) SECTION 907 OF THE FREEDOM SUPPORT ACT.—Section
907 of the FREEDOM Support Act (22 U.S.C. 5812 note) shall
not apply to—
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.)
and section 1424 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation
assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within
his or her official capacity;
(4) any insurance, reinsurance, guarantee, or other assistance provided by the United States International Development
Finance Corporation as authorized by the BUILD Act of 2018
(division F of Public Law 115–254);
(5) any financing provided under the Export-Import Bank
Act of 1945 (Public Law 79–173); or
(6) humanitarian assistance.
(d) TURKEY.—None of the funds made available by this Act
may be used to facilitate or support the sale of defense articles
or defense services to the Turkish Presidential Protection Directorate (TPPD) under chapter 2 of the Arms Export Control Act
(22 U.S.C. 2761 et seq.) unless the Secretary of State determines
and reports to the appropriate congressional committees that members of the TPPD who are named in the July 17, 2017, indictment
by the Superior Court of the District of Columbia, and against
whom there are pending charges, have returned to the United
States to stand trial in connection with the offenses contained
in such indictment or have otherwise been brought to justice: Provided, That the limitation in this paragraph shall not apply to
the use of funds made available by this Act for border security
purposes, for North Atlantic Treaty Organization or coalition operations, or to enhance the protection of United States officials and
facilities in Turkey.
President.
Determination.
Consultation.
Determination.
Reports.
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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.—
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136 STAT. 5068
Determination.
Reports.
Waiver authority.
Determination.
Reports.
Web posting.
List.
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Determination.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) PROHIBITION.—None of the funds appropriated by this
Act may be made available for assistance for the central government of a country that the Secretary of State determines and
reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian
Federation annexation of Crimea or other territory in Ukraine:
Provided, That except as otherwise provided in subsection (a),
the Secretary may waive the restriction on assistance required
by this paragraph if the Secretary determines and reports
to such Committees that to do so is in the national interest
of the United States, and includes a justification for such
interest.
(2) LIMITATION.—None of the funds appropriated by this
Act may be made available for—
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in Ukraine under the control of the Russian Federation
or Russian-backed forces, if such activity includes the
participation of Russian Government officials, or other Russian owned or controlled financial entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of the Russian Federation or Russianbacked forces, if such assistance includes the participation
of Russian Government officials, or other Russian owned
or controlled financial entities.
(3) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of the Treasury shall instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to oppose any assistance
by such institution (including any loan, credit, grant, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine.
(4) DURATION.—The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations
that the Government of Ukraine has reestablished sovereignty
over Crimea and other territory in Ukraine under the control
of the Russian Federation or Russian-backed forces.
(c) OCCUPATION OF THE GEORGIAN TERRITORIES OF ABKHAZIA
AND TSKHINVALI REGION/SOUTH OSSETIA.—
(1) PROHIBITION.—None of the funds appropriated by this
Act may be made available for assistance for the central government of a country that the Secretary of State determines and
reports to the Committees on Appropriations has recognized
the independence of, or has established diplomatic relations
with, the Russian Federation occupied Georgian territories of
Abkhazia and Tskhinvali Region/South Ossetia: Provided, That
the Secretary shall publish on the Department of State website
a list of any such central governments in a timely manner:
Provided further, That the Secretary may waive the restriction
on assistance required by this paragraph if the Secretary determines and reports to the Committees on Appropriations that
to do so is in the national interest of the United States, and
includes a justification for such interest.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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UNITED NATIONS
SEC. 7048. (a) TRANSPARENCY AND ACCOUNTABILITY.—Not later
than 120 days after the date of enactment of this Act, the Secretary
of State shall report to the Committees on Appropriations whether
each organization, department, or agency receiving a contribution
from funds appropriated by this Act under the headings ‘‘Contributions to International Organizations’’ and ‘‘International Organizations and Programs’’—
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Reports.
Web postings.
PUBL328
136 STAT. 5070
Public
information.
Audits.
Determinations.
Terrorism.
Reports.
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Determination.
Reports.
Israel.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) is posting on a publicly available website, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department,
or agency, and providing the United States Government with
necessary access to such financial and performance audits;
(2) has submitted a report to the Department of State,
which shall be posted on the Department’s website in a timely
manner, demonstrating that such organization is effectively
implementing and enforcing policies and procedures which meet
or exceed best practices in the United States for the protection
of whistleblowers from retaliation, including—
(A) protection against retaliation for internal and lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to binding independent adjudicative bodies,
including shared cost and selection of external arbitration;
and
(E) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment; and
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel.
(b) RESTRICTIONS ON UNITED NATIONS DELEGATIONS AND
ORGANIZATIONS.—
(1) RESTRICTIONS ON UNITED STATES DELEGATIONS.—None
of the funds made available by this Act may be used to pay
expenses for any United States delegation to any specialized
agency, body, or commission of the United Nations if such
agency, body, or commission is chaired or presided over by
a country, the government of which the Secretary of State
has determined, for purposes of section 1754(c) of the Export
Reform Control Act of 2018 (50 U.S.C. 4813(c)), supports international terrorism.
(2) RESTRICTIONS ON CONTRIBUTIONS.—None of the funds
made available by this Act may be used by the Secretary
of State as a contribution to any organization, agency, commission, or program within the United Nations system if such
organization, agency, commission, or program is chaired or
presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A
of the Foreign Assistance Act of 1961, section 40 of the Arms
Export Control Act, section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or any other provision
of law, is a government that has repeatedly provided support
for acts of international terrorism.
(3) WAIVER.—The Secretary of State may waive the restriction in this subsection if the Secretary determines and reports
to the Committees on Appropriations that to do so is important
to the national interest of the United States, including a
description of the national interest served.
(c) UNITED NATIONS HUMAN RIGHTS COUNCIL.—None of the
funds appropriated by this Act may be made available in support
of the United Nations Human Rights Council unless the Secretary
of State determines and reports to the Committees on Appropriations that participation in the Council is important to the national
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the Secretary of State shall report
to the Committees on Appropriations not later than September
30, 2023, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such council.
(d) UNITED NATIONS RELIEF AND WORKS AGENCY.—Prior to
the initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), the Secretary of State shall report to
the Committees on Appropriations, in writing, on whether UNRWA
is—
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on neutrality
and impartiality of employees) and the legal requirements
under section 301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the neutrality
of its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to ensure
it is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools
and summer camps is consistent with the values of human
rights, dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of
the organization; and
(7) in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a
timely fashion the Board’s recommendations.
(e) PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS.—
None of the funds appropriated or made available pursuant to
titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out chapter
1 of part I of the Foreign Assistance Act of 1961, the costs for
participation of another country’s delegation at international conferences held under the auspices of multilateral or international
organizations.
(f) REPORT.—Not later than 45 days after the date of enactment
of this Act, the Secretary of State shall submit a report to the
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Resolution.
Time period.
Reports.
Procedure.
Compliance.
Compliance.
Updates.
PUBL328
136 STAT. 5072
Consultation.
Notification.
Determinations.
Notification.
Deadline.
Reports.
Consultation.
Notification.
PUBLIC LAW 117–328—DEC. 29, 2022
Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2023 for contributions to any organization, department, agency, or program within
the United Nations system or any international program that are
withheld from obligation or expenditure due to any provision of
law: Provided, That the Secretary shall update such report each
time additional funds are withheld by operation of any provision
of law: Provided further, That the reprogramming of any withheld
funds identified in such report, including updates thereof, shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(g) SEXUAL EXPLOITATION AND ABUSE IN PEACEKEEPING OPERATIONS.—The Secretary of State shall, to the maximum extent
practicable, withhold assistance to any unit of the security forces
of a foreign country if the Secretary has credible information that
such unit has engaged in sexual exploitation or abuse, including
while serving in a United Nations peacekeeping operation, until
the Secretary determines that the government of such country
is taking effective steps to hold the responsible members of such
unit accountable and to prevent future incidents: Provided, That
the Secretary shall promptly notify the government of each country
subject to any withholding of assistance pursuant to this paragraph,
and shall notify the appropriate congressional committees of such
withholding not later than 10 days after a determination to withhold
such assistance is made: Provided further, That the Secretary shall,
to the maximum extent practicable, assist such government in
bringing the responsible members of such unit to justice: Provided
further, That not later than 60 days after the date of enactment
of this Act, the Secretary shall submit a report to the Committees
on Appropriations detailing the policies, mechanisms, and procedures established to implement this subsection, following consultation with the Committees on Appropriations.
(h) ADDITIONAL AVAILABILITY.—Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated by this Act which are returned or not made available
due to the second proviso under the heading ‘‘Contributions for
International Peacekeeping Activities’’ in title I of this Act or section
307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)),
shall remain available for obligation until September 30, 2024:
Provided, That the requirement to withhold funds for programs
in Burma under section 307(a) of the Foreign Assistance Act of
1961 shall not apply to funds appropriated by this Act.
WAR CRIMES TRIBUNAL
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President.
Determination.
Drawdown.
United Nations.
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SEC. 7049. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may
direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services
for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
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136 STAT. 5073
552(c): Provided further, That funds made available pursuant to
this section shall be made available subject to the regular notification procedures of the Committees on Appropriations.
Notification.
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GLOBAL INTERNET FREEDOM
SEC. 7050. (a) FUNDING.—Of the funds available for obligation
during fiscal year 2023 under the headings ‘‘International Broadcasting Operations’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’,
and ‘‘Assistance for Europe, Eurasia and Central Asia’’, not less
than $90,500,000 shall be made available for programs to promote
Internet freedom globally: Provided, That such programs shall be
prioritized for countries whose governments restrict freedom of
expression on the Internet, and that are important to the national
interest of the United States: Provided further, That funds made
available pursuant to this section shall be matched, to the maximum
extent practicable, by sources other than the United States Government, including from the private sector.
(b) REQUIREMENTS.—
(1) DEPARTMENT OF STATE AND UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT.—Funds appropriated by
this Act under the headings ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for Europe, Eurasia and Central
Asia’’ that are made available pursuant to subsection (a) shall
be—
(A) coordinated with other democracy programs funded
by this Act under such headings, and shall be incorporated
into country assistance and democracy promotion strategies, as appropriate;
(B) for programs to implement the May 2011, International Strategy for Cyberspace, the Department of State
International Cyberspace Policy Strategy required by section 402 of the Cybersecurity Act of 2015 (division N of
Public Law 114–113), and the comprehensive strategy to
promote Internet freedom and access to information in
Iran, as required by section 414 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international
organizations; to combat violence against bloggers and
other users; and to enhance digital security training and
capacity building for democracy activists;
(D) made available for research of key threats to Internet freedom; the continued development of technologies
that provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advantage of the United States Government over such censorship
techniques: Provided, That the Secretary of State, in consultation with the United States Agency for Global Media
Chief Executive Officer (USAGM CEO) and the President
of the Open Technology Fund (OTF), shall coordinate any
such research and development programs with other relevant United States Government departments and agencies
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Coordination.
Assessment.
PUBL328
136 STAT. 5074
Evaluation.
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PUBLIC LAW 117–328—DEC. 29, 2022
in order to share information, technologies, and best practices, and to assess the effectiveness of such technologies;
and
(E) made available only with the concurrence of the
Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, that such funds are allocated
consistent with—
(i) the strategies referenced in subparagraph (B)
of this paragraph;
(ii) best practices regarding security for, and oversight of, Internet freedom programs; and
(iii) sufficient resources and support for the
development and maintenance of anti-censorship technology and tools.
(2) UNITED STATES AGENCY FOR GLOBAL MEDIA.—Funds
appropriated by this Act under the heading ‘‘International
Broadcasting Operations’’ that are made available pursuant
to subsection (a) shall be—
(A) made available only for open-source tools and techniques to securely develop and distribute USAGM digital
content, facilitate audience access to such content on
websites that are censored, coordinate the distribution of
USAGM digital content to targeted regional audiences, and
to promote and distribute such tools and techniques,
including digital security techniques;
(B) coordinated by the USAGM CEO, in consultation
with the OTF President, with programs funded by this
Act under the heading ‘‘International Broadcasting Operations’’, and shall be incorporated into country broadcasting
strategies, as appropriate;
(C) coordinated by the USAGM CEO, in consultation
with the OTF President, to solicit project proposals through
an open, transparent, and competitive process, seek input
from technical and subject matter experts to select proposals, and support Internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF and in a manner consistent with the
United States Government Internet freedom strategy; and
(D) made available for the research and development
of new tools or techniques authorized in subparagraph
(A) only after the USAGM CEO, in consultation with the
Secretary of State, the OTF President, and other relevant
United States Government departments and agencies,
evaluates the risks and benefits of such new tools or techniques, and establishes safeguards to minimize the use
of such new tools or techniques for illicit purposes.
(c) COORDINATION AND SPEND PLANS.—After consultation
among the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after the date of
enactment of this Act, the Secretary of State and the USAGM
CEO, in consultation with the OTF President, shall submit to
the Committees on Appropriations spend plans for funds made
available by this Act for programs to promote Internet freedom
globally, which shall include a description of safeguards established
by relevant agencies to ensure that such programs are not used
for illicit purposes: Provided, That the Department of State spend
plan shall include funding for all such programs for all relevant
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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, That the security auditing procedures used by such Bureau shall be reviewed and updated periodically to reflect current industry security standards.
Review.
Updates.
TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT
OR PUNISHMENT
SEC. 7051. (a) PROHIBITION.—None of the funds made available
by this Act may be used to support or justify the use of torture
and other cruel, inhuman, or degrading treatment or punishment
by any official or contract employee of the United States Government.
(b) ASSISTANCE.—Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section 660
of the Foreign Assistance Act of 1961 and following consultation
with the Committees on Appropriations, for assistance to eliminate
torture and other cruel, inhuman, or degrading treatment or punishment by foreign police, military, or other security forces in countries
receiving assistance from funds appropriated by this Act.
Consultation.
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AIRCRAFT TRANSFER, COORDINATION, AND USE
SEC. 7052. (a) TRANSFER AUTHORITY.—Notwithstanding any
other provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs under the headings ‘‘Diplomatic Programs’’, ‘‘International
Narcotics Control and Law Enforcement’’, ‘‘Andean Counterdrug
Initiative’’, and ‘‘Andean Counterdrug Programs’’ may be used for
any other program and in any region.
(b) PROPERTY DISPOSAL.—The authority provided in subsection
(a) shall apply only after the Secretary of State determines and
reports to the Committees on Appropriations that the equipment
is no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) AIRCRAFT COORDINATION.—
(1) AUTHORITY.—The uses of aircraft purchased or leased
by the Department of State and the United States Agency
for International Development with funds made available in
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to transport,
on a reimbursable or non-reimbursable basis, Federal and nonFederal personnel supporting Department of State and USAID
programs and activities: Provided further, That official travel
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Applicability.
Determination.
Consultation.
Notification.
PUBL328
136 STAT. 5076
Applicability.
PUBLIC LAW 117–328—DEC. 29, 2022
for other agencies for other purposes may be supported on
a reimbursable basis, or without reimbursement when traveling
on a space available basis: Provided further, That funds received
by the Department of State in connection with the use of
aircraft owned, leased, or chartered by the Department of State
may be credited to the Working Capital Fund of the Department
and shall be available for expenses related to the purchase,
lease, maintenance, chartering, or operation of such aircraft.
(2) SCOPE.—The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the maximum extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne by
the recipient country.
PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN
GOVERNMENTS
Applicability.
SEC. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111–117) shall
apply to this Act: Provided, That subsection (f)(2)(B) of such section
shall be applied by substituting ‘‘September 30, 2022’’ for ‘‘September 30, 2009’’.
INTERNATIONAL MONETARY FUND
Applicability.
SEC. 7054. (a) EXTENSIONS.—The terms and conditions of sections 7086(b)(1) and (2) and 7090(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111–117) shall apply to this Act.
(b) REPAYMENT.—The Secretary of the Treasury shall instruct
the United States Executive Director of the International Monetary
Fund (IMF) to seek to ensure that any loan will be repaid to
the IMF before other private or multilateral creditors.
EXTRADITION
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Applicability.
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SEC. 7055. (a) LIMITATION.—None of the funds appropriated
in this Act may be used to provide assistance (other than funds
provided under the headings ‘‘Development Assistance’’, ‘‘International Disaster Assistance’’, ‘‘Complex Crises Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Migration and
Refugee Assistance’’, ‘‘United States Emergency Refugee and Migration Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Assistance’’) for the central government of
a country which has notified the Department of State of its refusal
to extradite to the United States any individual indicted for a
criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request.
(b) CLARIFICATION.—Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has
an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
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136 STAT. 5077
(c) WAIVER.—The Secretary of State may waive the restriction
in subsection (a) on a case-by-case basis if the Secretary certifies
to the Committees on Appropriations that such waiver is important
to the national interest of the United States.
Certification.
ENTERPRISE FUNDS
SEC. 7056. (a) NOTIFICATION.—None of the funds made available
under titles III through VI of this Act may be made available
for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance.
(b) DISTRIBUTION OF ASSETS PLAN.—Prior to the distribution
of any assets resulting from any liquidation, dissolution, or winding
up of an Enterprise Fund, in whole or in part, the President
shall submit to the appropriate congressional committees a plan
for the distribution of the assets of the Enterprise Fund.
(c) TRANSITION OR OPERATING PLAN.—Prior to a transition to
and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall
submit such transition or operating plan to the appropriate congressional committees.
President.
Plans.
Time period.
Advance notice.
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UNITED NATIONS POPULATION FUND
SEC. 7057. (a) CONTRIBUTION.—Of the funds made available
under the heading ‘‘International Organizations and Programs’’ in
this Act for fiscal year 2023, $32,500,000 shall be made available
for the United Nations Population Fund (UNFPA).
(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred to the
‘‘Global Health Programs’’ account and shall be made available
for family planning, maternal, and reproductive health activities,
subject to the regular notification procedures of the Committees
on Appropriations.
(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the
funds made available by this Act may be used by UNFPA for
a country program in the People’s Republic of China.
(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made available by this Act for UNFPA may not be made available unless—
(1) UNFPA maintains funds made available by this Act
in an account separate from other accounts of UNFPA and
does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING OF FUNDS.—
(1) Not later than 4 months after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations indicating the amount of
funds that UNFPA is budgeting for the year in which the
report is submitted for a country program in the People’s
Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People’s
Republic of China in the year covered by the report, then
the amount of such funds UNFPA plans to spend in the People’s
Republic of China shall be deducted from the funds made
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Transfer
authority.
Notification.
Abortion.
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136 STAT. 5078
PUBLIC LAW 117–328—DEC. 29, 2022
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
GLOBAL HEALTH ACTIVITIES
Deadline.
Consultation.
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Determination.
Reports.
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SEC. 7058. (a) IN GENERAL.—Funds appropriated by titles III
and IV of this Act that are made available for bilateral assistance
for child survival activities or disease programs including activities
relating to research on, and the prevention, treatment and control
of, HIV/AIDS may be made available notwithstanding any other
provision of law except for provisions under the heading ‘‘Global
Health Programs’’ and the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the funds
appropriated under title III of this Act, not less than $575,000,000
should be made available for family planning/reproductive health,
including in areas where population growth threatens biodiversity
or endangered species.
(b) PANDEMICS AND OTHER INFECTIOUS DISEASE OUTBREAKS.—
(1) GLOBAL HEALTH SECURITY.—Funds appropriated by this
Act under the heading ‘‘Global Health Programs’’ shall be made
available for global health security programs to accelerate the
capacity of countries to prevent, detect, and respond to infectious disease outbreaks, including by strengthening public
health capacity where there is a high risk of emerging zoonotic
infectious diseases: Provided, That not later than 60 days after
the date of enactment of this Act, the USAID Administrator
and the Secretary of State, as appropriate, shall consult with
the Committees on Appropriations on the planned uses of such
funds.
(2) FINANCIAL INTERMEDIARY FUND.—Funds appropriated
by this Act under the heading ‘‘Global Health Programs’’ may
be made available for contributions to a financial intermediary
fund for pandemic preparedness and global heath security.
(3) EXTRAORDINARY MEASURES.—If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency
of International Concern, not to exceed an aggregate total of
$200,000,000 of the funds appropriated by this Act under the
headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’,
‘‘International Disaster Assistance’’, ‘‘Complex Crises Fund’’,
‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for
Europe, Eurasia and Central Asia’’, ‘‘Migration and Refugee
Assistance’’, and ‘‘Millennium Challenge Corporation’’ may be
made available to combat such infectious disease or public
health emergency, and may be transferred to, and merged
with, funds appropriated under such headings for the purposes
of this paragraph.
(4) EMERGENCY RESERVE FUND.—Up to $90,000,000 of the
funds made available under the heading ‘‘Global Health Programs’’ may be made available for the Emergency Reserve
Fund established pursuant to section 7058(c)(1) of the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115–31):
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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) 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.
China.
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GENDER EQUALITY AND WOMEN’S EMPOWERMENT
SEC. 7059. (a) IN GENERAL.—
(1) GENDER EQUALITY.—Funds appropriated by this Act
shall be made available to promote gender equality in United
States Government diplomatic and development efforts by
raising the status, increasing the economic participation and
opportunities for political leadership, and protecting the rights
of women and girls worldwide.
(2) WOMEN’S ECONOMIC EMPOWERMENT.—Funds appropriated by this Act are available to implement the Women’s
Entrepreneurship and Economic Empowerment Act of 2018
(Public Law 115–428): Provided, That the Secretary of State
and the Administrator of the United States Agency for International Development, as appropriate, shall consult with the
Committees on Appropriations on the implementation of such
Act.
(3) GENDER EQUITY AND EQUALITY ACTION FUND.—Of the
funds appropriated under title III of this Act, up to
$200,000,000 may be made available for the Gender Equity
and Equality Action Fund.
(b) MADELEINE K. ALBRIGHT WOMEN’S LEADERSHIP PROGRAM.—
Of the funds appropriated under title III of this Act, not less
than $50,000,000 shall be made available for programs specifically
designed to increase leadership opportunities for women in countries
where women and girls suffer discrimination due to law, policy,
or practice, by strengthening protections for women’s political
status, expanding women’s participation in political parties and
elections, and increasing women’s opportunities for leadership positions in the public and private sectors at the local, provincial,
and national levels: Provided, That such programs shall hereafter
be collectively named the ‘‘Madeleine K. Albright Women’s Leadership Program’’.
(c) GENDER-BASED VIOLENCE.—
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $250,000,000 shall be made available
to implement a multi-year strategy to prevent and respond
to gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this
Act that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police
and other security forces.
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22 USC 2151–2
note.
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(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
22 USC 2151c
note.
Implementation.
Notification.
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Deadline.
Consultation.
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SEC. 7060. (a) BASIC EDUCATION AND HIGHER EDUCATION.—
(1) BASIC EDUCATION.—
(A) Of the funds appropriated under title III of this
Act, not less than $970,000,000 shall be made available
for the Nita M. Lowey Basic Education Fund, and such
funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign countries: Provided, That such funds shall also be used for
secondary education activities: Provided further, That of
the funds made available by this paragraph, $150,000,000
should be available for the education of girls in areas
of conflict: Provided further, That section 7(a) of Public
Law 115–56 shall be implemented by substituting ‘‘the
thirtieth day of June following’’ for ‘‘180 days after’’.
(B) Of the funds appropriated under title III of this
Act for assistance for basic education programs, not less
than $160,000,000 shall be made available for contributions
to multilateral partnerships that support education.
(2) HIGHER EDUCATION.—Of the funds appropriated by title
III of this Act, not less than $285,000,000 shall be made available for assistance for higher education: Provided, That such
funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries, and
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of such
amount, not less than $35,000,000 shall be made available
for new and ongoing partnerships between higher education
institutions in the United States and developing countries
focused on building the capacity of higher education institutions
and systems in developing countries: Provided further, That
of such amount and in addition to the previous proviso, not
less than $35,000,000 shall be made available for higher education programs pursuant to section 7060(a)(3) of the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116–260):
Provided further, That not later than 45 days after the date
of enactment of this Act, the USAID Administrator shall consult
with the Committees on Appropriations on the proposed uses
of funds for such partnerships.
(3) SCHOLAR RESCUE PROGRAMS.—Of the funds appropriated
by this Act under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia
and Central Asia’’, not less than $7,000,000 shall be made
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5081
available for scholar rescue programs, including for scholars
from Afghanistan, Burma, Ethiopia, the Russian Federation,
Ukraine, and Yemen: Provided, That the Secretary of State
and Administrator of the United States Agency for International Development, as appropriate, shall consult with the
Committees on Appropriations on such programs not later than
90 days after the date of enactment of this Act.
(b) DEVELOPMENT PROGRAMS.—Of the funds appropriated by
this Act under the heading ‘‘Development Assistance’’, not less
than $18,500,000 shall be made available for USAID cooperative
development programs and not less than $31,500,000 shall be made
available for the American Schools and Hospitals Abroad program.
(c) FOOD SECURITY AND AGRICULTURAL DEVELOPMENT.—
(1) Of the funds appropriated by title III of this Act, not
less than $1,010,600,000 shall be made available for food security and agricultural development programs to carry out the
purposes of the Global Food Security Act of 2016 (Public Law
114–195): Provided, That funds may be made available for
a contribution as authorized by section 3202 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246), as
amended by section 3310 of the Agriculture Improvement Act
of 2018 (Public Law 115–334).
(2) The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development and the heads of other relevant Federal agencies,
shall seek to enter into negotiations with key foreign governments and multilateral, philanthropic, and private sector entities, including the United Nations Rome-based agencies and
the World Bank, regarding the potential establishment of a
multilateral fund focused on food security, as described under
this section in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
(d) MICRO, SMALL, AND MEDIUM-SIZED ENTERPRISES.—Of the
funds appropriated by this Act, not less than $265,000,000 shall
be made available to support the development of, and access to
financing for, micro, small, and medium-sized enterprises that benefit the poor, especially women.
(e) PROGRAMS TO COMBAT TRAFFICKING IN PERSONS.—Of the
funds appropriated by this Act under the headings ‘‘Development
Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, and ‘‘International Narcotics Control and
Law Enforcement’’, not less than $116,400,000 shall be made available for activities to combat trafficking in persons internationally,
including for the Program to End Modern Slavery, of which not
less than $87,000,000 shall be from funds made available under
the heading ‘‘International Narcotics Control and Law Enforcement’’: Provided, That funds made available by this Act under
the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’,
and ‘‘Assistance for Europe, Eurasia and Central Asia’’ that are
made available for activities to combat trafficking in persons should
be obligated and programmed consistent with the country-specific
recommendations included in the annual Trafficking in Persons
Report, and shall be coordinated with the Office to Monitor and
Combat Trafficking in Persons, Department of State.
(f) RECONCILIATION PROGRAMS.—Of the funds appropriated by
this Act under the heading ‘‘Development Assistance’’, not less
than $25,000,000 shall be made available to support people-to-
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Deadline.
Coordination.
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PUBLIC LAW 117–328—DEC. 29, 2022
people reconciliation programs which bring together individuals
of different ethnic, racial, religious, and political backgrounds from
areas of civil strife and war: Provided, That the USAID Administrator shall consult with the Committees on Appropriations, prior
to the initial obligation of funds, on the uses of such funds, and
such funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That to
the maximum extent practicable, such funds shall be matched by
sources other than the United States Government: Provided further,
That such funds shall be administered by the Center for Conflict
and Violence Prevention, USAID.
(g) WATER AND SANITATION.—Of the funds appropriated by
this Act, not less than $475,000,000 shall be made available for
water supply and sanitation projects pursuant to section 136 of
the Foreign Assistance Act of 1961, of which not less than
$237,000,000 shall be for programs in sub-Saharan Africa, and
of which not less than $17,000,000 shall be made available to
support initiatives by local communities in developing countries
to build and maintain safe latrines.
(h) DEVIATION.—Unless otherwise provided for by this Act,
the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may deviate
below the minimum funding requirements designated in sections
7059, 7060, and 7061 of this Act by up to 10 percent, notwithstanding such designation: Provided, That concurrent with the
submission of the report required by section 653(a) of the Foreign
Assistance Act of 1961, the Secretary of State shall submit to
the Committees on Appropriations in writing any proposed deviations utilizing such authority that are planned at the time of
submission of such report: Provided further, That any deviations
proposed subsequent to the submission of such report shall be
subject to prior consultation with such Committees: Provided further, That not later than November 1, 2024, the Secretary of State
shall submit a report to the Committees on Appropriations on
the use of the authority of this subsection.
Consultation.
Notification.
Proposals.
Consultation.
Reports.
ENVIRONMENT PROGRAMS
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Determination.
Poaching.
Reports.
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SEC. 7061. (a) Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, except for the provisions of
this section and only subject to the reporting procedures of the
Committees on Appropriations, to support environment programs.
(b)(1) Of the funds appropriated under title III of this Act,
not less than $385,000,000 shall be made available for biodiversity
conservation programs.
(2) Not less than $125,000,000 of the funds appropriated under
titles III and IV of this Act shall be made available to combat
the transnational threat of wildlife poaching and trafficking.
(3) None of the funds appropriated under title IV of this Act
may be made available for training or other assistance for any
military unit or personnel that the Secretary of State determines
has been credibly alleged to have participated in wildlife poaching
or trafficking, unless the Secretary reports to the appropriate
congressional committees that to do so is in the national security
interest of the United States.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 IndoPacific Strategy.
(f) Of the funds appropriated under title III of this Act, not
less than $260,000,000 shall be made available for clean energy
programs, including in support of carrying out the purposes of
the Electrify Africa Act (Public Law 114–121) and implementing
the Power Africa initiative.
(g) Funds appropriated by this Act under title III may be
made available for United States contributions to the Adaptation
Fund and the Least Developed Countries Fund.
(h) Of the funds appropriated under title III of this Act, not
less than $50,000,000 shall be made available for the purposes
enumerated under section 7060(c)(7) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116–260): Provided, That such funds
may only be made available following consultation with the Committees on Appropriations.
(i) Of the funds appropriated under title III of this Act, not
less than $20,000,000 shall be made available to support Indigenous
and other civil society organizations in developing countries that
are working to protect the environment, including threatened and
endangered species, as described under this section in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(j) The Secretary of State and USAID Administrator shall
implement the directive regarding law enforcement in national
parks and protected areas as described under this section in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
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Implementation.
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PUBLIC LAW 117–328—DEC. 29, 2022
BUDGET DOCUMENTS
Deadlines.
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Notification.
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SEC. 7062. (a) OPERATING PLANS.—Not later than 45 days after
the date of enactment of this Act, each department, agency, or
organization funded in titles I, II, and VI of this Act, and the
Department of the Treasury and Independent Agencies funded in
title III of this Act, including the Inter-American Foundation and
the United States African Development Foundation, shall submit
to the Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in such
titles of this Act, or funds otherwise available for obligation in
fiscal year 2023, that provides details of the uses of such funds
at the program, project, and activity level: Provided, That such
plans shall include, as applicable, a comparison between the
congressional budget justification funding levels, the most recent
congressional directives or approved funding levels, and the funding
levels proposed by the department or agency; and a clear, concise,
and informative description/justification: Provided further, That
operating plans that include changes in levels of funding for programs, projects, and activities specified in the congressional budget
justification, in this Act, or amounts specifically designated in the
respective tables included in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), as applicable, shall be subject to the notification and reprogramming requirements of section 7015 of this Act.
(b) SPEND PLANS.—
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to the
Committees on Appropriations spend plans as described under
this section in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
(2) Not later than 90 days after the date of enactment
of this Act, the Secretary of the Treasury shall submit to
the Committees on Appropriations a detailed spend plan for
funds made available by this Act under the heading ‘‘Department of the Treasury, International Affairs Technical Assistance’’ in title III.
(3) Notwithstanding paragraph (1), up to 10 percent of
the funds contained in a spend plan required by this subsection
may be obligated prior to the submission of such spend plan
if the Secretary of State, the USAID Administrator, or the
Secretary of the Treasury, as applicable, determines that the
obligation of such funds is necessary to avoid significant programmatic disruption: Provided, That not less than seven days
prior to such obligation, the Secretary or Administrator, as
appropriate, shall consult with the Committees on Appropriations on the justification for such obligation and the proposed
uses of such funds.
(c) CLARIFICATION.—The spend plans referenced in subsection
(b) shall not be considered as meeting the notification requirements
in this Act or under section 634A of the Foreign Assistance Act
of 1961.
(d) CONGRESSIONAL BUDGET JUSTIFICATION.—The congressional
budget justification for Department of State operations and foreign
operations shall be provided to the Committees on Appropriations
concurrent with the date of submission of the President’s budget
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5085
for fiscal year 2024: Provided, That the appendices for such justification shall be provided to the Committees on Appropriations not
later than 10 calendar days thereafter.
Appendices.
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.
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DEPARTMENT OF STATE MANAGEMENT
SEC. 7064. (a) WORKING CAPITAL FUND.—Funds appropriated
by this Act or otherwise made available to the Department of
State for payments to the Working Capital Fund that are made
available for new service centers, shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b) CERTIFICATION.—
(1) COMPLIANCE.—Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the management and
oversight of such funds, the Secretary of State shall certify
and report to the Committees on Appropriations, on an individual bureau or office basis, that such bureau or office is
in compliance with Department and Federal financial and
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Reports.
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PUBLIC LAW 117–328—DEC. 29, 2022
grants management policies, procedures, and regulations, as
applicable.
(2) CONSIDERATIONS.—When making a certification
required by paragraph (1), the Secretary of State shall consider
the capacity of a bureau or office to—
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) PLAN.—If the Secretary of State is unable to make
a certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken
to bring such bureau or office into compliance.
(c) INFORMATION TECHNOLOGY PLATFORM.—None of the funds
appropriated in title I of this Act under the heading ‘‘Administration
of Foreign Affairs’’ may be made available for a new major information technology investment without the concurrence of the Chief
Information Officer, Department of State.
Certification.
Timeline.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
MANAGEMENT
22 USC 3948
note.
Expiration date.
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Notification.
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SEC. 7065. (a) AUTHORITY.—Up to $170,000,000 of the funds
made available in title III of this Act pursuant to or to carry
out the provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ‘‘Assistance for
Europe, Eurasia and Central Asia’’, may be used by the United
States Agency for International Development to hire and employ
individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309
of the Foreign Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) RESTRICTION.—The authority to hire individuals contained
in subsection (a) shall expire on September 30, 2024.
(c) PROGRAM ACCOUNT CHARGED.—The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which the responsibilities of
such individual primarily relate: Provided, That funds made available to carry out this section may be transferred to, and merged
with, funds appropriated by this Act in title II under the heading
‘‘Operating Expenses’’.
(d) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the authority
of section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949),
may be extended for a period of up to 4 years notwithstanding
the limitation set forth in such section.
(e) DISASTER SURGE CAPACITY.—Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading ‘‘Assistance
for Europe, Eurasia and Central Asia’’, may be used, in addition
to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed
by USAID whose primary responsibility is to carry out programs
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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 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.
Coordination.
Consultation.
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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
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136 STAT. 5088
Allocation.
Transfer
authority.
Consultation.
Notification.
Consultation.
PUBLIC LAW 117–328—DEC. 29, 2022
Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military
Financing Program’’, not less than $135,000,000 shall be made
available for the Prevention and Stabilization Fund for the purposes
enumerated in section 509(a) of the Global Fragility Act of 2019
(title V of division J of Public Law 116–94), of which $25,000,000
may be made available for the Multi-Donor Global Fragility Fund
authorized by section 510(c) of such Act: Provided, That such funds
shall be allocated as specified under this section in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided further, That funds appropriated under such headings may be transferred to, and merged
with, funds appropriated under such headings for such purposes:
Provided further, That such transfer authority is in addition to
any other transfer authority provided by this Act or any other
Act, and is subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided further, That funds made available pursuant to this subsection that are transferred to funds appropriated under the
heading ‘‘Foreign Military Financing Program’’ may remain available until September 30, 2024.
(b) TRANSITIONAL JUSTICE.—Of the funds appropriated by this
Act under the headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’, not less than
$10,000,000 shall be made available for programs to promote
accountability for genocide, crimes against humanity, and war
crimes, which shall be in addition to any other funds made available
by this Act for such purposes: Provided, That such programs shall
include components to develop local investigative and judicial skills,
and to collect and preserve evidence and maintain the chain of
custody of evidence, including for use in prosecutions, and may
include the establishment of, and assistance for, transitional justice
mechanisms: Provided further, That such funds shall be administered by the Ambassador-at-Large for the Office of Global Criminal
Justice, Department of State, and shall be subject to prior consultation with the Committees on Appropriations: Provided further, That
funds made available by this paragraph shall be made available
on an open and competitive basis.
(c) GLOBAL COMMUNITY ENGAGEMENT AND RESILIENCE FUND.—
Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related
programs under the heading ‘‘Economic Support Fund’’ may be
made available to the Global Community Engagement and Resilience Fund, including as a contribution.
DEBT-FOR-DEVELOPMENT
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Notification.
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SEC. 7067. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and debtfor-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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5089
EXTENSION OF CONSULAR FEES AND RELATED AUTHORITIES
SEC. 7068. (a) Section 1(b)(1) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(1)) shall be applied through fiscal year
2023 by substituting ‘‘the costs of providing consular services’’ for
‘‘such costs’’.
(b) Section 21009 of the Emergency Appropriations for
Coronavirus Health Response and Agency Operations (division B
of Public Law 116–136; 134 Stat. 592) shall be applied during
fiscal year 2023 by substituting ‘‘2020 through 2023’’ for ‘‘2020
and 2021’’.
(c) Discretionary amounts made available to the Department
of State under the heading ‘‘Administration of Foreign Affairs’’
of this Act, and discretionary unobligated balances under such
heading from prior Acts making appropriations for the Department
of State, foreign operations, and related programs, may be transferred to the Consular and Border Security Programs account if
the Secretary of State determines and reports to the Committees
on Appropriations that to do so is necessary to sustain consular
operations, following consultation with such Committees: Provided,
That such transfer authority is in addition to any transfer authority
otherwise available in this Act and under any other provision of
law: Provided further, That no amounts may be transferred from
amounts designated as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2023, the Secretary of State may
also use fees deposited into the Fraud Prevention and Detection
Account for the costs of providing consular services.
(e) Amounts provided pursuant to subsection (b) are designated
by the Congress as being for an emergency requirement pursuant
to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section
1(e) of H. Res. 1151 (117th Congress), as engrossed in the House
of Representatives on June 8, 2022.
Applicability.
22 USC 214 note.
Transfer
authorities.
Determination.
Reports.
Consultation.
MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER
POLLUTION
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(INCLUDING TRANSFER OF FUNDS)
SEC. 7069. In fiscal year 2023 and in each fiscal year thereafter—
(a) The Administrator of the Environmental Protection Agency
(the ‘‘Administrator’’) may transfer amounts made available under
the heading ‘‘Environmental Protection Agency—State and Tribal
Assistance Grants’’ in the USMCA Supplemental Appropriations
Act, 2019 (title IX of Public Law 116–113) to the International
Boundary and Water Commission, United States and Mexico (the
‘‘Commission’’), by entering into an interagency agreement or by
awarding a grant, to support the construction of treatment works
(as that term is defined in section 212(2) of the Federal Water
Pollution Control Act (33 U.S.C. 1292(2))), that will be owned or
operated by the Commission: Provided, That the Commission shall,
in consultation with the Administrator and subject to the requirements of sections 513 and 608 of the Federal Water Pollution
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Mexico.
22 USC 277j.
Contracts.
Determination.
PUBL328
136 STAT. 5090
PUBLIC LAW 117–328—DEC. 29, 2022
Control Act (33 U.S.C. 1372 and 1388), use amounts transferred
pursuant to this section for general, administrative, or other costs
(including construction management) related to the planning, study,
design, and construction, of treatment works that, as determined
by the Commissioner of the Commission, will—
(1) protect residents in the United States-Mexico border
region from water pollution resulting from—
(A) transboundary flows of wastewater, stormwater,
or other international transboundary water flows originating in Mexico; and
(B) any inadequacies or breakdowns of treatment
works in Mexico; and
(2) provide treatment of the flows and water pollution
described in subparagraph (A) in compliance with local, State,
and Federal law: Provided, That the Commission may also
use amounts transferred pursuant to this section to operate
and maintain any new treatment work constructed, which shall
be in addition to any amounts otherwise available to the
Commission for such purposes.
(b) The Commission is authorized to enter into an agreement
with the appropriate official or officials of the United States and
Mexican States for the operation and maintenance by the Commission of any new treatment works, pursuant to subsection (a): Provided, That such agreement shall contain a provision relating to
the division between the two Governments of the costs of such
operation and maintenance, or of the works involved there as may
be recommended by said Commission and approved by the Government of Mexico.
(c) Nothing in this section modifies, amends, repeals, or otherwise limits the authority of the Commission under—
(1) the treaty relating to the utilization of the waters of
the Colorado and Tijuana Rivers, and of the Rio Grande (Rio
Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and
supplementary protocol, signed at Washington February 3, 1944
(59 Stat. 1219), between the United States and Mexico; or
(2) any other applicable treaty.
(d) Funds transferred pursuant to subsection (a) shall be subject
to the regular notification procedures of the Committees on Appropriations.
(e) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 or a concurrent resolution on the budget are designated
as an emergency requirement pursuant to section 4001(a)(1) of
S. Con. Res. 14 (117th Congress), the concurrent resolution on
the budget for fiscal year 2022, and section 1(e) of H. Res. 1151
(117th Congress), as engrossed in the House of Representatives
on June 8, 2022.
Contracts.
Notification.
WAIVER AUTHORITY
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President.
Determination.
Reports.
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SEC. 7070. The President may waive section 414 of Public
Law 101–246 and section 410 of Public Law 103–236 with respect
to the United Nations Educational, Scientific and Cultural
Organization if the President determines and reports in writing
to the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, and the appropriate congressional
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That the authority of this section shall
sunset on September 30, 2025, unless extended in a subsequent
Act of Congress.
Termination
date.
ORGANIZATION OF AMERICAN STATES
SEC. 7071. (a) The Secretary of State shall instruct the United
States Permanent Representative to the Organization of American
States (OAS) to use the voice and vote of the United States to:
(1) implement budgetary reforms and efficiencies within the
Organization; (2) eliminate arrears, increase other donor contributions, and impose penalties for successive late payment of assessments; (3) prevent programmatic and organizational redundancies
and consolidate duplicative activities and functions; (4) prioritize
areas in which the OAS has expertise, such as strengthening democracy, monitoring electoral processes, and protecting human rights;
and (5) implement reforms within the Office of the Inspector General (OIG) to ensure the OIG has the necessary leadership, integrity,
professionalism, independence, policies, and procedures to properly
carry out its responsibilities in a manner that meets or exceeds
best practices in the United States.
(b) Prior to the obligation of funds appropriated by this Act
and made available for an assessed contribution to the Organization
of American States, but not later than 90 days after the date
of enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees on actions taken
or planned to be taken pursuant to subsection (a) that are in
addition to actions taken during the preceding fiscal year, and
the results of such actions.
Reports.
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:
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‘‘SEC. 32. TWENTIETH REPLENISHMENT.
22 USC 284dd.
‘‘(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:
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PUBL328
136 STAT. 5092
22 USC 285hh.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘SEC. 37. TWELFTH REPLENISHMENT.
‘‘(a) The United States Governor of the Bank is authorized
to contribute, on behalf of the United States, $177,440,000 to the
twelfth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
‘‘(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $177,440,000 for payment by the Secretary
of the Treasury.’’.
WAR CRIMES ACCOUNTABILITY
Saddam Hussein.
Slobodan
Milosovic.
Osama bin
Laden.
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Deadline.
22 USC 7423
note.
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SEC. 7073. (a) EXCEPTION FOR CERTAIN INVESTIGATIONS.—Section 2004(h) of the American Servicemembers’ Protection Act of
2002 (22 U.S.C. 7423(h)) is amended—
(1) by striking ‘‘Agents.—No agent’’ and inserting the following: ‘‘Agents.—
‘‘(1) IN GENERAL.—No agent’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) EXCEPTION.—The prohibition under paragraph (1) shall
not apply with respect to investigative activities that—
‘‘(A) relate solely to investigations and prosecutions
of foreign persons for crimes within the jurisdiction of
the International Criminal Court related to the Situation
in Ukraine; and
‘‘(B) are undertaken in concurrence with the Attorney
General.’’.
(b) EXCEPTION FOR CERTAIN SUPPORT.—Section 2015 of the
American Servicemembers’ Protection Act of 2002 (22 U.S.C. 7433)
is amended by striking ‘‘Nothing’’ through the end of such section
and inserting the following:
‘‘(a) ASSISTANCE.—Nothing in this title shall prohibit the United
States from rendering assistance to international efforts to bring
to justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden,
other members of Al Queda, leaders of Islamic Jihad, and other
foreign nationals accused of genocide, war crimes or crimes against
humanity, or from rendering assistance to the International
Criminal Court to assist with investigations and prosecutions of
foreign nationals related to the Situation in Ukraine, including
to support victims and witnesses.
‘‘(b) AUTHORITY.—Assistance made available pursuant to subsection (a) of this section may be made available notwithstanding
section 705 of the Foreign Relations Authorization Act, Fiscal Year
2000 and 2001 (22 U.S.C. 7401), except that none of the funds
made available pursuant to this subsection may be made available
for the purpose of supporting investigations or prosecutions of U.S.
servicemembers or other covered United States persons or covered
allied persons as such terms are defined in section 2013 of this
Act.
‘‘(c) NOTIFICATION.—The Secretary of State shall notify the
Committees on Appropriations, the Committee on Foreign Relations
of the Senate, and the Committee on Foreign Affairs of the House
of Representatives, of any amounts obligated pursuant to subsection
(b) not later than 15 days before such obligation is made.’’.
(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to modify the existing roles or authorities of any Federal
agency or official.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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—TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE
OF THE
SECRETARY
Transportation,
Housing and
Urban
Development,
and Related
Agencies
Appropriations
Act, 2022.
Department of
Transportation
Appropriations
Act, 2022.
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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;
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PUBL328
136 STAT. 5094
Transfer
authority.
Notice.
Funding
approval.
Allocation.
Determination.
PUBLIC LAW 117–328—DEC. 29, 2022
(7) $41,399,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $5,727,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,312,000 shall be available for the Office of the Executive Secretariat;
(10) $15,533,000 shall be available for the Office of Intelligence, Security, and Emergency Response;
(11) $29,195,000 shall be available for the Office of the
Chief Information Officer; and
(12) $1,450,000 shall be available for the Office of Tribal
Government Affairs:
Provided further, That the Secretary of Transportation (referred
to in this title as the ‘‘Secretary’’) is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any
other office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or decreased
by more than 7 percent by all such transfers: Provided further,
That notice of any change in funding greater than 7 percent shall
be submitted for approval to the House and Senate Committees
on Appropriations: Provided further, That not to exceed $70,000
shall be for allocation within the Department for official reception
and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law,
there may be credited to this appropriation up to $2,500,000 in
funds received in user fees.
RESEARCH AND TECHNOLOGY
Continuance.
49 USC 112 note.
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $48,996,000, of which
$37,542,000 shall remain available until expended: Provided, That
of such amounts that are available until expended, $3,224,000
shall be for necessary expenses of the Advanced Research Projects
Agency—Infrastructure (ARPA–I) as authorized by section 119 of
title 49, United States Code: Provided further, That there may
be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training:
Provided further, That any reference in law, regulation, judicial
proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference
to the Office of the Assistant Secretary for Research and Technology
of the Department of Transportation.
NATIONAL INFRASTRUCTURE INVESTMENTS
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(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)
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That
grants awarded under this heading in this Act for eligible projects
for planning, preparation, or design shall not be subject to a minimum grant size: Provided further, That in distributing amounts
made available under this heading in this Act, the Secretary shall
take such measures so as to ensure an equitable geographic distribution of funds, an appropriate balance in addressing the needs
of urban and rural areas, including Tribal areas, and the investment
in a variety of transportation modes: Provided further, That section
6702(c)(2)(C) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act: Provided
further, That a grant award under this heading in this Act shall
be not greater than $45,000,000: Provided further, That section
6702(c)(3) of title 49, United States Code, shall not apply to amounts
made available under this heading in this Act: Provided further,
That not more than 15 percent of the amounts made available
under this heading in this Act may be awarded to projects in
a single State: Provided further, That for amounts made available
under this heading in this Act, the Secretary shall give priority
to projects that require a contribution of Federal funds in order
to complete an overall financing package: Provided further, That
section 6702(f)(1) of title 49, United States Code, shall not apply
to amounts made available under this heading in this Act: Provided
further, That of the amounts awarded under this heading in this
Act, not more than 50 percent shall be allocated for eligible projects
located in rural areas and not more than 50 percent shall be
allocated for eligible projects located in urbanized areas: Provided
further, That for the purpose of determining if an award for planning, preparation, or design under this heading in this Act is
an urban award, the project location is the location of the project
being planned, prepared, or designed: Provided further, That the
Secretary may retain up to 2 percent of the amounts made available
under this heading in this Act, and may transfer portions of such
amounts to the Administrators of the Federal Aviation Administration, the Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration and the Maritime Administration to fund the award and oversight of grants
and credit assistance made under the program authorized under
section 6702 of title 49, United States Code: Provided further,
That for amounts made available under this heading in this Act,
the Secretary shall consider and award projects based solely on
the selection criteria as identified under section 6702(d)(3) and
(d)(4) of title 49, United States Code.
Grants.
Distribution.
Allocations.
Urban and rural
areas.
Determination.
Urban and rural
areas.
THRIVING COMMUNITIES INITIATIVE
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for a thriving communities program,
$25,000,000, to remain available until September 30, 2025: Provided, That the Secretary of Transportation shall make such
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Contracts.
PUBL328
136 STAT. 5096
Contracts.
Contracts.
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Contracts.
Notifications.
Deadline.
VerDate Sep 11 2014
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PUBLIC LAW 117–328—DEC. 29, 2022
amounts available for technical assistance and cooperative agreements to develop and implement technical assistance, planning,
and capacity building to improve and foster thriving communities
through transportation improvements: Provided further, That the
Secretary may enter into cooperative agreements with philanthropic
entities, non-profit organizations, other Federal agencies, State or
local governments and their agencies, Indian Tribes, or other technical assistance providers, to provide such technical assistance,
planning, and capacity building to State, local, or Tribal governments, United States territories, metropolitan planning organizations, transit agencies, or other political subdivisions of State or
local governments: Provided further, That to be eligible for a
cooperative agreement under this heading, a recipient shall provide
assistance to entities described in the preceding proviso on engaging
in public planning processes with residents, local businesses, nonprofit organizations, and to the extent practicable, philanthropic
organizations, educational institutions, or other community stakeholders: Provided further, That such cooperative agreements shall
facilitate the planning and development of transportation and
community revitalization activities supported by the Department
of Transportation under titles 23, 46, and 49, United States Code,
that increase mobility, reduce pollution from transportation sources,
expand affordable transportation options, facilitate efficient land
use, preserve or expand jobs, improve housing conditions, enhance
connections to health care, education, and food security, or improve
health outcomes: Provided further, That the Secretary may
prioritize assistance provided with amounts made available under
this heading to communities that have disproportionate rates of
pollution and poor air quality, communities experiencing disproportionate effects (as defined by Executive Order No. 12898), areas
of persistent poverty as defined in section 6702(a)(1) of title 49,
United States Code, or historically disadvantaged communities: Provided further, That the preceding proviso shall not prevent the
Secretary from providing assistance with amounts made available
under this heading to entities described in the second proviso under
this heading that request assistance through the thriving communities program: Provided further, That planning and technical
assistance made available under this heading may include preapplication assistance for capital projects eligible under titles 23,
46, and 49, United States Code: Provided further, That the Secretary
may retain amounts made available under this heading for the
necessary administrative expenses of (1) developing and disseminating best practices, modeling, and cost-benefit analysis methodologies to assist entities described in the second proviso under this
heading with applications for financial assistance programs under
titles 23, 46, and 49, United States Code, and (2) award, administration, and oversight of cooperative agreements to carry out the
provisions under this heading: Provided further, That such amounts
and payments as may be necessary to carry out the thriving communities program may be transferred to appropriate accounts of other
operating administrations within the Department of Transportation:
Provided further, That the Secretary shall notify the House and
Senate Committees on Appropriations not later than 3 business
days prior to a transfer carried out under the preceding proviso.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Fees.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States Code,
and such authority shall exist as long as any such direct loan
or loan guarantee is outstanding.
Loans.
FINANCIAL MANAGEMENT CAPITAL
For necessary expenses for upgrading and enhancing the
Department of Transportation’s financial systems and reengineering 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
$14,800,000.
expenses
of
the
Office
of
Civil
Rights,
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
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(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
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PUBL328
136 STAT. 5098
PUBLIC LAW 117–328—DEC. 29, 2022
this heading for IIPIC activities not related to transportation infrastructure: Provided further, That the tools and analysis developed
by the IIPIC shall be available to other Federal agencies for the
permitting and review of major infrastructure projects not related
to transportation only to the extent that other Federal agencies
provide funding to the Department in accordance with the preceding
proviso: Provided further, That of the amounts made available
under this heading, $12,914,000 shall be made available for the
purposes, and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled ‘‘Community Project Funding/Congressionally Directed Spending’’ included
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $505,285,000, shall
be paid from appropriations made available to the Department
of Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the limitation in the preceding proviso on operating expenses shall not apply to entities
external to the Department of Transportation or for funds provided
in Public Law 117–58: Provided further, That no funds made available by this Act to an agency of the Department shall be transferred
to the Working Capital Fund without majority approval of the
Working Capital Fund Steering Committee and approval of the
Secretary: Provided further, That no assessments may be levied
against any program, budget activity, subactivity, or project funded
by this Act unless notice of such assessments and the basis therefor
are presented to the House and Senate Committees on Appropriations and are approved by such Committees.
Assessments.
Notifications.
Approvals.
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
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(AIRPORT AND AIRWAY TRUST FUND)
Determination.
VerDate Sep 11 2014
04:49 May 12, 2023
In addition to funds made available from any other source
to carry out the essential air service program under sections 41731
through 41742 of title 49, United States Code, $354,827,000, to
be derived from the Airport and Airway Trust Fund, to remain
available until expended: Provided, That in determining between
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Reimbursements.
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION
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(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
SEC. 101. None of the funds made available by this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
operating administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for congressional notification.
SEC. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the
Council on Credit and Finance, including the agenda for each
meeting, and require the Council on Credit and Finance to record
the decisions and actions of each meeting.
SEC. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department’s Working Capital
Fund is authorized to provide partial or full payments in advance
and accept subsequent reimbursements from all Federal agencies
from available funds for transit benefit distribution services that
are necessary to carry out the Federal transit pass transportation
fringe benefit program under Executive Order No. 13150 and section
3049 of SAFETEA–LU (5 U.S.C. 7905 note): Provided, That the
Department shall maintain a reasonable operating reserve in the
Working Capital Fund, to be expended in advance to provide
uninterrupted transit benefits to Government employees: Provided
further, That such reserve shall not exceed 1 month of benefits
payable and may be used only for the purpose of providing for
the continuation of transit benefits: Provided further, That the
Working Capital Fund shall be fully reimbursed by each customer
agency from available funds for the actual cost of the transit benefit.
SEC. 104. Receipts collected in the Department’s Working Capital Fund, as authorized by section 327 of title 49, United States
Code, for unused transit and van pool benefits, in an amount
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Assessments.
Contracts.
Web posting.
Public
information.
Requirement.
Records.
Reimbursements.
Transit benefits.
Time period.
Reimbursement.
PUBL328
136 STAT. 5100
Retention
bonuses.
Advance
approval.
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Deadline.
Notification.
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PUBLIC LAW 117–328—DEC. 29, 2022
not to exceed 10 percent of fiscal year 2023 collections, shall be
available until expended in the Department’s Working Capital Fund
to provide contractual services in support of section 189 of this
Act: Provided, That obligations in fiscal year 2023 of such collections
shall not exceed $1,000,000.
SEC. 105. None of the funds in this title may be obligated
or expended for retention or senior executive bonuses for an
employee of the Department of Transportation without the prior
written approval of the Assistant Secretary for Administration.
SEC. 106. In addition to authority provided by section 327
of title 49, United States Code, the Department’s Administrative
Working Capital Fund is hereby authorized to transfer information
technology equipment, software, and systems from Departmental
sources or other entities and collect and maintain a reserve at
rates which will return full cost of transferred assets.
SEC. 107. None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance
unless not less than 3 days before any application approval to
provide credit assistance under sections 603 and 604 of title 23,
United States Code, the Secretary provides notification in writing
to the following committees: the House and Senate Committees
on Appropriations; the Committee on Environment and Public
Works and the Committee on Banking, Housing and Urban Affairs
of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided, That such notification shall include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit assistance
will be provided as a direct loan, loan guarantee, or line of credit;
and the amount of credit assistance.
SEC. 108. For an additional amount for necessary expenses
of the Volpe National Transportation Systems Center, as authorized
in section 328 of title 49, United States Code, $4,500,000, to remain
available until expended.
SEC. 109. (a) The remaining unobligated balances, as of September 30, 2023, from amounts made available in section 157(a)
of the Continuing Appropriations Act, 2023 (division A of Public
Law 117–180) are hereby permanently rescinded, and an amount
of additional new budget authority equivalent to the amount
rescinded is hereby appropriated on September 30, 2023, to remain
available until September 30, 2024, and shall be available, without
additional competition, for completing the funding of awards made
pursuant to the fiscal year 2020 national infrastructure investments
program, in addition to other funds as may be available for such
purposes.
(b) The remaining unobligated balances, as of September 30,
2023, from amounts made available in section 157(b) of the Continuing Appropriations Act, 2023 (division A of Public Law 117–
180) are hereby permanently rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2023, to remain available until
September 30, 2024, and shall be available, without additional
competition, for completing the funding of awards made pursuant
to the fiscal year 2019 national infrastructure investments program,
in addition to other funds as may be available for such purposes.
SEC. 109A. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation’s operating
administrations in this Act or in Public Law 117–103 for the costs
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That sponsors of projects eligible for funds made
available under this section shall provide sufficient written justification describing, at a minimum, the current project cost estimate,
why the project cannot be completed with the obligated grant
amount, and any other relevant information, as determined by
the Secretary: Provided further, That the allocation under the preceding proviso will be for the amounts necessary to cover increases
to eligible project costs since the grant was obligated, based on
the information provided: Provided further, That section 200.204
of title 2, Code of Federal Regulations, shall not apply to amounts
made available under this section: Provided further, That the
amounts made available under this section shall not be part of
the Federal share of total project costs and shall be up to 100
percent: Provided further, That section 6702(c)(3) of title 49, United
States Code, shall not apply to amounts made available under
this section: Provided further, That section 6702(f) of title 49, United
States Code, shall not apply to amounts made available under
this section: Provided further, That of amounts made available
under this section, the Secretary may award to rail infrastructure
projects only amounts that the Secretary determines are not needed
to complete port infrastructure projects.
Determination.
Determination.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
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(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
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PUBL328
136 STAT. 5102
Transfer
authority.
Reports.
49 USC 44506
note.
Reports.
Reduction.
Reports.
Estimates.
49 USC 44502
note.
Reduction.
Grants.
Contracts.
Nonprofits.
Aviation safety.
kcroghan on LAP7511N33PROD with PUBLAWS
Regulations.
VerDate Sep 11 2014
04:49 May 12, 2023
PUBLIC LAW 117–328—DEC. 29, 2022
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, the lease or purchase of passenger motor vehicles
for replacement only, $11,915,000,000, to remain available until
September 30, 2024, of which $9,993,821,000 to be derived from
the Airport and Airway Trust Fund: Provided, That of the amounts
made available under this heading—
(1) not less than $1,630,794,000 shall be available for aviation safety activities;
(2) $8,812,537,000 shall be available for air traffic organization activities;
(3) $37,854,000 shall be available for commercial space
transportation activities;
(4) $918,049,000 shall be available for finance and management activities;
(5) $65,581,000 shall be available for NextGen and operations planning activities;
(6) $152,509,000 shall be available for security and hazardous materials safety activities; and
(7) $297,676,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be transferred to any budget activity under this heading: Provided further,
That no transfer may increase or decrease any appropriation under
this heading by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming
of funds under section 405 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That not later
than 60 days after the submission of the budget request, the
Administrator of the Federal Aviation Administration shall transmit
to Congress an annual update to the report submitted to Congress
in December 2004 pursuant to section 221 of the Vision 100-Century
of Aviation Reauthorization Act (49 U.S.C. 40101 note): Provided
further, That the amounts made available under this heading shall
be reduced by $100,000 for each day after 60 days after the submission of the budget request that such report has not been transmitted
to Congress: Provided further, That not later than 60 days after
the submission of the budget request, the Administrator shall
transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one
utilized for the controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year: Provided further, That the amounts made available under this heading shall
be reduced by $100,000 for each day after the date that is 60
days after the submission of the budget request that such report
has not been submitted to Congress: Provided further, That funds
may be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds
made available by this Act shall be available for new applicants
for the second career training program: Provided further, That
none of the funds made available by this Act shall be available
for the Federal Aviation Administration to finalize or implement
any regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment of
this Act: Provided further, That there may be credited to this
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part
A of subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing
of quarters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote localities
where such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds made available under this
heading, including aircraft for aviation regulation and certification;
to be derived from the Airport and Airway Trust Fund,
$2,945,000,000, of which $570,000,000 is for personnel and related
expenses and shall remain available until September 30, 2024,
$2,221,200,000 shall remain available until September 30, 2025,
and $153,800,000 is for terminal facilities and shall remain available until September 30, 2027: Provided, That there may be credited
to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization
of national airspace systems: Provided further, That not later than
60 days after submission of the budget request, the Secretary of
Transportation shall transmit to the Congress an investment plan
for the Federal Aviation Administration which includes funding
for each budget line item for fiscal years 2024 through 2028, with
total funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office
of Management and Budget: Provided further, That section 405
of this Act shall apply to amounts made available under this
heading in title VIII of the Infrastructure Investments and Jobs
Appropriations Act (division J of Public Law 117–58): Provided
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Deadline.
Investment plan.
Time period.
Applicability.
PUBL328
136 STAT. 5104
Advance
approval.
Transfer
authority.
PUBLIC LAW 117–328—DEC. 29, 2022
further, That the amounts in the table entitled ‘‘Allocation of Funds
for FAA Facilities and Equipment from the Infrastructure Investment and Jobs Act—Fiscal Year 2023’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) shall be the baseline for application of reprogramming and transfer authorities for the current fiscal year pursuant
to paragraph (7) of such section 405 for amounts referred to in
the preceding proviso: Provided further, That, notwithstanding paragraphs (5) and (6) of such section 405, unless prior approval is
received from the House and Senate Committees on Appropriations,
not to exceed 10 percent of any funding level specified for projects
and activities in the table referred to in the preceding proviso
may be transferred to any other funding level specified for projects
and activities in such table and no transfer of such funding levels
may increase or decrease any funding level in such table by more
than 10 percent: Provided further, That of the amounts made available under this heading for terminal facilities, $45,000,000 shall
be made available for the purposes, and in amounts, specified
for Community Project Funding/Congressionally Directed Spending
in the table entitled ‘‘Community Project Funding/Congressionally
Directed Spending’’ included in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
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Transfer
authority.
VerDate Sep 11 2014
04:49 May 12, 2023
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites
by lease or grant, $255,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2025: Provided, That there may be credited to this appropriation
as offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private sources, which
shall be available for expenses incurred for research, engineering,
and development: Provided further, That amounts made available
under this heading shall be used in accordance with the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided further, That not to exceed
10 percent of any funding level specified under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) may be transferred
to any other funding level specified under this heading in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That
no transfer may increase or decrease any funding level by more
than 10 percent: Provided further, That any transfer in excess
of 10 percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Request for
proposals.
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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
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PUBL328
136 STAT. 5106
Determination.
PUBLIC LAW 117–328—DEC. 29, 2022
of chapter 475 of title 49, United States Code, $558,555,000, to
remain available through September 30, 2025: Provided, That
amounts made available under this heading shall be derived from
the general fund, and such funds shall not be subject to apportionment formulas, special apportionment categories, or minimum
percentages under chapter 471 of title 49, United States Code:
Provided further, That of the sums appropriated under this
heading—
(1) $283,555,000 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
‘‘Community
Project
Funding/Congressionally
Directed
Spending’’ included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act); and
(2) up to $275,000,000 shall be made available to the Secretary to distribute as discretionary grants to airports, of which
not less than $25,000,000 shall be made available to any
commercial service airport, notwithstanding the requirement
for the airport to be located in an air quality nonattainment
or maintenance area in section 47102(3)(K) and 47102(3)(L)
of title 49, United States Code, for work necessary to construct
or modify airport facilities to provide low-emission fuel systems,
gate electrification, other related air quality improvements,
acquisition of airport-owned vehicles or ground support equipment with low-emission technology:
Provided further, That the Secretary may make discretionary grants
to primary airports for airport-owned infrastructure required for
the on-airport distribution, blending, or storage of sustainable aviation fuels that achieve at least a 50 percent reduction in lifecycle
greenhouse gas emissions, using a methodology determined by the
Secretary, including, but not limited to, on-airport construction
or expansion of pipelines, rail lines and spurs, loading and offloading 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 Grantsin-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.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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. 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 realtime flight tracking of that aircraft’s movements, except data made
available to a Government agency, for the noncommercial flights
of that owner or operator.
SEC. 117. None of the funds made available by this Act shall
be available for salaries and expenses of more than nine political
and Presidential appointees in the Federal Aviation Administration.
SEC. 118. None of the funds made available by this Act may
be used to increase fees pursuant to section 44721 of title 49,
United States Code, until the Federal Aviation Administration provides to the House and Senate Committees on Appropriations a
report that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive
Order No. 13642.
SEC. 119. None of the funds made available by this Act may
be used to close a regional operations center of the Federal Aviation
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Reimbursement.
Fees.
Reports.
Advance notice.
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136 STAT. 5108
New Jersey.
Determination.
Reprogramming
request.
Reimbursement.
Time periods.
Reimbursement.
President.
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PUBLIC LAW 117–328—DEC. 29, 2022
Administration or reduce its services unless the Administrator notifies the House and Senate Committees on Appropriations not less
than 90 full business days in advance.
SEC. 119A. None of the funds made available by or limited
by this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New Jersey.
SEC. 119B. None of the funds made available by this Act
may be used by the Administrator of the Federal Aviation Administration to withhold from consideration and approval any new
application for participation in the Contract Tower Program, or
for reevaluation of Cost-share Program participants so long as
the Federal Aviation Administration has received an application
from the airport, and so long as the Administrator determines
such tower is eligible using the factors set forth in Federal Aviation
Administration published establishment criteria.
SEC. 119C. None of the funds made available by this Act
may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or the technical
center unless the Administrator submits a request for the reprogramming of funds under section 405 of this Act.
SEC. 119D. The Federal Aviation Administration Administrative Services Franchise Fund may be reimbursed after performance
or paid in advance from funds available to the Federal Aviation
Administration and other Federal agencies for which the Fund
performs services.
SEC. 119E. None of the funds appropriated or otherwise made
available to the FAA may be used to carry out the FAA’s obligations
under section 44502(e) of title 49, United States Code, unless the
eligible air traffic system or equipment to be transferred to the
FAA under section 44502(e) of title 49, United States Code, was
purchased by the transferor airport—
(1) during the period of time beginning on October 5, 2018
and ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports
located in a non-contiguous States.
SEC. 119F. Of the funds provided under the heading ‘‘Grantsin-aid for Airports’’, up to $3,500,000 shall be for necessary
expenses, including an independent verification regime, to provide
reimbursement to airport sponsors that do not provide gateway
operations and providers of general aviation ground support services, or other aviation tenants, located at those airports closed
during a temporary flight restriction (TFR) for any residence of
the President that is designated or identified to be secured by
the United States Secret Service, and for direct and incremental
financial losses incurred while such airports are closed solely due
to the actions of the Federal Government: Provided, That no funds
shall be obligated or distributed to airport sponsors that do not
provide gateway operations and providers of general aviation ground
support services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of law, or
through fault or negligence, of such operators and service providers
or of third parties (including airports) are not eligible for reimbursements: Provided further, That obligation and expenditure of funds
are conditional upon full release of the United States Government
for all claims for financial losses resulting from such actions.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 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.
23 USC 104 note.
(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
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(INCLUDING TRANSFER OF FUNDS)
There is hereby appropriated to the Secretary $3,417,811,613:
Provided, That the funds made available under this heading shall
be derived from the general fund, shall be in addition to any
funds provided for fiscal year 2023 in this or any other Act for:
(1) ‘‘Federal-aid Highways’’ under chapter 1 of title 23, United
States Code; (2) the Appalachian Development Highway System
as authorized under section 1069(y) of Public Law 102–240; (3)
the nationally significant Federal lands and Tribal projects program
under section 1123 of the FAST Act, as amended (23 U.S.C. 201
note); (4) the Northern Border Regional Commission (40 U.S.C.
15101 et seq.); or (5) the Denali Commission, and shall not affect
the distribution or amount of funds provided in any other Act:
Provided further, That, except for funds made available under this
heading for the Northern Border Regional Commission and the
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Definition.
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PUBLIC LAW 117–328—DEC. 29, 2022
Denali Commission, section 11101(e) of Public Law 117–58 shall
apply to funds made available under this heading: Provided further,
That unless otherwise specified, amounts made available under
this heading shall be available until September 30, 2026, and shall
not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any
Act making annual appropriations: Provided further, That of the
sums appropriated under this heading—
(1) $1,862,811,613 shall be for the purposes, and in the
amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community
Project Funding/Congressionally Directed Spending’’ included
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided,
That, except as otherwise provided under this heading, the
funds made available under this paragraph shall be administered as if apportioned under chapter 1 of title 23, United
States Code: Provided further, That funds made available under
this paragraph that are used for Tribal projects shall be
administered as if allocated under chapter 2 of title 23, United
States Code, except that the set-asides described in subparagraph (C) of section 202(b)(3) of title 23, United States Code,
and subsections (a)(6), (c), and (e) of section 202 of such title,
and section 1123(h)(1) of MAP–21 (as amended by Public Law
117–58), shall not apply to such funds;
(2) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System,
as authorized under section 1069(y) of Public Law 102–240:
Provided, That for the purposes of funds made available under
this paragraph, the term ‘‘Appalachian State’’ means a State
that contains 1 or more counties (including any political subdivision located within the area) in the Appalachian region as
defined in section 14102(a) of title 40, United States Code:
Provided further, That funds made available under this heading
for construction of the Appalachian Development Highway
System shall remain available until expended: Provided further,
That, except as provided in the following proviso, funds made
available under this heading for construction of the Appalachian
Development Highway System shall be administered as if
apportioned under chapter 1 of title 23, United States Code:
Provided further, That a project carried out with funds made
available under this heading for construction of the Appalachian
Development Highway System shall be carried out in the same
manner as a project under section 14501 of title 40, United
States Code: Provided further, That subject to the following
proviso, funds made available under this heading for construction of the Appalachian Development Highway System shall
be apportioned to Appalachian States according to the percentages derived from the 2012 Appalachian Development Highway
System Cost-to-Complete Estimate, adopted in Appalachian
Regional Commission Resolution Number 736, and confirmed
as each Appalachian State’s relative share of the estimated
remaining need to complete the Appalachian Development
Highway System, adjusted to exclude those corridors that such
States have no current plans to complete, as reported in the
2013 Appalachian Development Highway System Completion
Report, unless those States have modified and assigned a higher
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the Secretary shall adjust apportionments made
under the preceding proviso so that no Appalachian State shall
be apportioned an amount in excess of 30 percent of the amount
made available for construction of the Appalachian Development Highway System under this heading: Provided further,
That the Secretary shall consult with the Appalachian Regional
Commission in making adjustments under the preceding two
provisos: Provided further, That the Federal share of the costs
for which an expenditure is made for construction of the Appalachian Development Highway System under this heading shall
be up to 100 percent;
(3) $40,000,000 shall be for the nationally significant Federal lands and Tribal projects program under section 1123
of the FAST Act (23 U.S.C. 201 note), of which not less than
$20,000,000 shall be for competitive grants to tribal governments;
(4) $12,000,000 shall be for the regional infrastructure
accelerator demonstration program authorized under section
1441 of the FAST Act (23 U.S.C. 601 note): Provided, That
for funds made available under this paragraph, the Federal
share of the costs shall be, at the option of the recipient,
up to 100 percent;
(5) $20,000,000 shall be for the national scenic byways
program under section 162 of title 23, United States Code:
Provided, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall
be administered as if apportioned under chapter 1 of title
23, United States Code;
(6) $45,000,000 shall be for the active transportation infrastructure investment program under section 11529 of the Infrastructure Investment and Jobs Act (23 U.S.C. 217 note): Provided, That except as otherwise provided under such section
or this heading, the funds made available under this paragraph
shall be administered as if apportioned under chapter 1 of
title 23, United States Code: Provided further, That funds made
available under this paragraph shall remain available until
expended;
(7) $3,000,000 shall be to carry out the Pollinator-Friendly
Practices on Roadsides and Highway Rights-of-Way Program
under section 332 of title 23, United States Code;
(8) $5,000,000 shall be for a cooperative series of agreements with universities, Federal agencies, the National
Academy of Sciences, transportation agencies, or nonprofit
organizations, to examine the impacts of culverts, roads, and
bridges on threatened or endangered salmon populations: Provided, That, for funds made available under this paragraph,
the Federal share of the costs of an activity carried out with
such funds shall be 80 percent: Provided further, That, except
as otherwise provided under this heading, the funds made
available under this paragraph shall be administered as if
authorized under chapter 5 of title 23, United States Code;
(9) $1,145,000,000 shall be for a bridge replacement and
rehabilitation program: Provided, That, for the purposes of
funds made available under this paragraph, the term ‘‘State’’
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Apportionments.
Consultation.
Apportionment.
Definitions.
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Distribution.
Calculation.
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means any of the 50 States or the District of Columbia and
the term ‘‘qualifying State’’ means any State in which the
percentage of total deck area of bridges classified as in poor
condition in such State is at least 5 percent or in which the
percentage of total bridges classified as in poor condition in
such State is at least 5 percent: Provided further, That, of
the funds made available under this paragraph, the Secretary
shall reserve $6,000,000 for each State that does not meet
the definition of a qualifying State: Provided further, That,
after making the reservations under the preceding proviso,
the Secretary shall distribute the remaining funds made available under this paragraph to each qualifying State by the
proportion that the percentage of total deck area of bridges
classified as in poor condition in such qualifying State bears
to the sum of the percentages of total deck area of bridges
classified as in poor condition in all qualifying States: Provided
further, That, of the funds made available under this paragraph—
(A) no qualifying State shall receive more than
$60,000,000;
(B) each State shall receive an amount not less than
$6,000,000; and
(C) after calculating the distribution of funds pursuant
to the preceding proviso, any amount in excess of
$60,000,000 shall be redistributed equally among each
State that does not meet the definition of a qualifying
State:
Provided further, That the funds made available under this
paragraph shall be used for highway bridge replacement or
rehabilitation projects on public roads: Provided further, That
for purposes of this paragraph, the Secretary shall calculate
the percentages of total deck area of bridges (including the
percentages of total deck area classified as in poor condition)
and the percentages of total bridge counts (including the
percentages of total bridges classified as in poor condition)
based on the National Bridge Inventory as of December 31,
2018: Provided further, That, except as otherwise provided
under this heading, the funds made available under this paragraph shall be administered as if apportioned under chapter
1 of title 23, United States Code;
(10) $15,000,000 shall be transferred to the Northern
Border Regional Commission (40 U.S.C. 15101 et seq.) to make
grants, in addition to amounts otherwise made available to
the Northern Border Regional Commission for such purpose,
to carry out pilot projects that demonstrate the capabilities
of wood-based infrastructure projects: Provided, That a grant
made with funds made available under this paragraph shall
be administered in the same manner as a grant made under
subtitle V of title 40, United States Code;
(11) $150,000,000 shall be for competitive awards for activities eligible under section 176(d)(4) of title 23, United States
Code, of which $125,000,000 shall be for such activities eligible
under subparagraph (A) of such section, and of which
$25,000,000 shall be for such activities eligible under subparagraph (C) of such section: Provided, That, except as otherwise
provided under this heading, the funds made available under
this paragraph shall be administered as if apportioned under
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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 nonFederal 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.
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PUBLIC LAW 117–328—DEC. 29, 2022
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION
23 USC 104 note.
Determination.
Distribution.
Applicability.
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SEC. 120. (a) For fiscal year 2023, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid highways—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and
(B) amounts authorized for the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202
or 204 of title 23, United States Code); and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that—
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(12) for
such fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by
the Secretary under authorized Federal-aid highway and highway safety construction programs, or apportioned by the Secretary under section 202 or 204 of title 23, United States
Code, by multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under
title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from
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PUBLIC LAW 117–328—DEC. 29, 2022
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) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2023, only in an amount
equal to $639,000,000).
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1
of such fiscal year—
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
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Time period.
Time period.
Effective date.
Revision.
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Time period.
Deadline.
Determination.
Reimbursement.
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Deadline.
Waivers.
Public
information.
Notice.
23 USC 313 note.
Web posting.
Grants.
Deadline.
Notifications.
Evaluation.
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PUBLIC LAW 117–328—DEC. 29, 2022
of Public Law 112–141) and 104 of title 23, United States
Code.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under—
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America’s Surface Transportation Act; and
(C) title III of division A of the Infrastructure Investment and Jobs Act (Public Law 117–58).
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title
23, United States Code) that—
(A) are authorized to be appropriated for such fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for such fiscal year because
of the imposition of any obligation limitation for such fiscal
year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) AVAILABILITY.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of
title 49, United States Code, may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bureau for
such expenses.
SEC. 122. Not less than 15 days prior to waiving, under his
or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall
make an informal public notice and comment opportunity on the
intent to issue such waiver and the reasons therefor: Provided,
That the Secretary shall post on a website any waivers granted
under the Buy America requirements.
SEC. 123. None of the funds made available in this Act may
be used to make a grant for a project under section 117 of title
23, United States Code, unless the Secretary, at least 60 days
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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, That
the Department of Transportation for the State or territory for
which the earmarked amount was originally designated or directed
notifies the Secretary of its intent to use its authority under this
section and submits an annual report to the Secretary identifying
the projects to which the funding would be applied. Notwithstanding
the original period of availability of funds to be obligated under
this section, such funds and associated obligation limitation shall
remain available for obligation for a period of 3 fiscal years after
the fiscal year in which the Secretary is notified. The Federal
share of the cost of a project carried out with funds made available
under this section shall be the same as associated with the earmark.
(b) In this section, the term ‘‘earmarked amount’’ means—
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of
the Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal
years prior to the current fiscal year, and administered by
the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only
for those projects or activities that have obligated less than 10
percent of the amount made available for obligation as of October
1 of the current fiscal year, and shall be applied to projects within
the same general geographic area within 25 miles for which the
funding was designated, except that a State or territory may apply
such authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed and for
which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to the
House and Senate Committees on Appropriations.
Notification.
Reports.
Time period.
Definition.
Time period.
Effective date.
Applicability.
Certifications.
Reports.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
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(HIGHWAY TRUST FUND)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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Notice.
Mail.
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SEC. 130. The Federal Motor Carrier Safety Administration
shall send notice of section 385.308 of title 49, Code of Federal
Regulations, violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by
the persons responsible for the violations.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5119
SEC. 131. The Federal Motor Carrier Safety Administration
shall update annual inspection regulations under Appendix G to
subchapter B of chapter III of title 49, Code of Federal Regulations,
as recommended by GAO–19–264.
SEC. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any
other Act may be obligated or expended to implement, administer,
or enforce the requirements of section 31137 of title 49, United
States Code, or any regulation issued by the Secretary pursuant
to such section, with respect to the use of electronic logging devices
by operators of commercial motor vehicles, as defined in section
31132(1) of such title, transporting livestock as defined in section
602 of the Emergency Livestock Feed Assistance Act of 1988 (7
U.S.C. 1471) or insects.
Update.
Regulations.
49 USC 31142
note.
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)
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(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
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136 STAT. 5120
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Notification.
Deadline.
For payment of obligations incurred in carrying out provisions
of sections 402, 404, and 405 of title 23, United States Code,
and grant administration expenses under chapter 4 of title 23,
United States Code, to remain available until expended,
$795,220,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account): Provided, That none of the funds
in this Act shall be available for the planning or execution of
programs for which the total obligations in fiscal year 2023 are
in excess of $795,220,000 for programs authorized under sections
402, 404, and 405 of title 23, United States Code, and grant administration expenses under chapter 4 of title 23, United States Code:
Provided further, That of the sums appropriated under this
heading—
(1) $370,900,000 shall be for ‘‘Highway Safety Programs’’
under section 402 of title 23, United States Code;
(2) $346,500,000 shall be for ‘‘National Priority Safety Programs’’ under section 405 of title 23, United States Code;
(3) $38,300,000 shall be for the ‘‘High Visibility Enforcement Program’’ under section 404 of title 23, United States
Code; and
(4) $39,520,000 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local or private buildings or structures: Provided further, That not to exceed $500,000 of the funds
made available for ‘‘National Priority Safety Programs’’ under section 405 of title 23, United States Code, for ‘‘Impaired Driving
Countermeasures’’ (as described in subsection (d) of that section)
shall be available for technical assistance to the States: Provided
further, That with respect to the ‘‘Transfers’’ provision under section
405(a)(8) of title 23, United States Code, any amounts transferred
to increase the amounts made available under section 402 shall
include the obligation authority for such amounts: Provided further,
That the Administrator shall notify the House and Senate Committees on Appropriations of any exercise of the authority granted
under the preceding proviso or under section 405(a)(8) of title 23,
United States Code, within 5 days.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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’.’’.
49 USC 30111
note.
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
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(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;
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Distribution.
Time period.
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PUBLIC LAW 117–328—DEC. 29, 2022
(2) not less than $25,000,000 shall be for projects eligible
under section 22907(c)(11) of title 49, United States Code: Provided, That for amounts made available in this paragraph,
the Secretary shall give preference to projects that are located
in counties with the most pedestrian trespasser casualties;
(3) $5,000,000 shall be for preconstruction planning activities and capital costs related to the deployment of magnetic
levitation transportation projects;
(4) $30,426,000 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
‘‘Community
Project
Funding/Congressionally
Directed
Spending’’ included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That requirements under subsections (g) and
(l) of section 22907 of title 49, United States Code, shall not
apply to this paragraph: Provided further, That any remaining
funds available after the distribution of the Community Project
Funding/Congressionally Directed Spending described in this
paragraph shall be available to the Secretary to distribute
as discretionary grants under this heading; and
(5) not less than $5,000,000 shall be available for workforce
development and training activities as authorized under section
22907(c)(13) of title 49, United States Code:
Provided further, That for amounts made available under this
heading in this Act, eligible projects under section 22907(c)(8) of
title 49, United States Code, shall also include railroad systems
planning (including the preparation of regional intercity passenger
rail plans and State Rail Plans) and railroad project development
activities (including railroad project planning, preliminary
engineering, design, environmental analysis, feasibility studies, and
the development and analysis of project alternatives): Provided
further, That section 22905(f) of title 49, United States Code, shall
not apply to amounts made available under this heading in this
Act for projects that implement or sustain positive train control
systems otherwise eligible under section 22907(c)(1) of title 49,
United States Code: Provided further, That amounts made available
under this heading in this Act for projects selected for commuter
rail passenger transportation may be transferred by the Secretary,
after selection, to the appropriate agencies to be administered in
accordance with chapter 53 of title 49, United States Code: Provided
further, That for amounts made available under this heading in
this Act, eligible recipients under section 22907(b)(7) of title 49,
United States Code, shall include any holding company of a Class
II railroad or Class III railroad (as those terms are defined in
section 20102 of title 49, United States Code): Provided further,
That section 22907(e)(1)(A) of title 49, United States Code, shall
not apply to amounts made available under this heading in this
Act: Provided further, That section 22907(e)(1)(A) of title 49, United
States Code, shall not apply to amounts made available under
this heading in previous fiscal years if such funds are announced
in a notice of funding opportunity that includes funds made available under this heading in this Act: Provided further, That the
preceding proviso shall not apply to funds made available under
this heading in the Infrastructure Investment and Jobs Act (division
J of Public Law 117–58): Provided further, That unobligated balances remaining after 6 years from the date of enactment of this
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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.
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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 Statesupported 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
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PUBLIC LAW 117–328—DEC. 29, 2022
(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)
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135 Stat. 1437.
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SEC. 150. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in contravention of the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2101 et seq.).
SEC. 151. The amounts made available to the Secretary or
to the Federal Railroad Administration for the costs of award,
administration, and project management oversight of financial
assistance which are administered by the Federal Railroad Administration, in this and prior Acts, may be transferred to the Federal
Railroad Administration’s ‘‘Financial Assistance Oversight and
Technical Assistance’’ account for the necessary expenses to support
the award, administration, project management oversight, and technical assistance of financial assistance administered by the Federal
Railroad Administration, in the same manner as appropriated for
in this and prior Acts: Provided, That this section shall not apply
to amounts that were previously designated by the Congress as
an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 152. Amounts made available under the heading ‘‘Department of Transportation—Federal Railroad Administration—Restoration and Enhancement’’ in any prior fiscal years are subject
to the requirements of section 22908 of title 49, United States
Code, as in effect on the effective date of the Infrastructure Investment and Jobs Act (Public Law 117–58).
SEC. 153. Section 802 of title VIII of division J of Public Law
117–58 is amended—
(1) in the first proviso, by inserting ‘‘that could be’’ after
‘‘amounts’’; and
(2) in the second proviso, by inserting ‘‘that could be’’
after ‘‘amounts’’:
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PUBLIC LAW 117–328—DEC. 29, 2022
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,
That the President of Amtrak may waive the cap set in the preceding proviso for specific employees when the President of Amtrak
determines such a cap poses a risk to the safety and operational
efficiency of the system: Provided further, That the President of
Amtrak shall report to the House and Senate Committees on Appropriations no later than 60 days after the date of enactment of
this Act, a summary of all overtime payments incurred by Amtrak
for 2022 and the 3 prior calendar years: Provided further, That
such summary shall include the total number of employees that
received waivers and the total overtime payments Amtrak paid
to employees receiving waivers for each month for 2022 and for
the 3 prior calendar years.
SEC. 156. None of the funds made available to the National
Railroad Passenger Corporation under the headings ‘‘Northeast Corridor Grants to the National Railroad Passenger Corporation’’ and
‘‘National Network Grants to the National Railroad Passenger Corporation’’ may be used to reduce the total number of Amtrak Police
Department uniformed officers patrolling on board passenger trains
or at stations, facilities or rights-of-way below the staffing level
on May 1, 2019.
SEC. 157. It is the sense of Congress that—
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas;
and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
SEC. 158. State-supported routes operated by Amtrak. Section
24712(a) of title 49, United States Code, is hereby amended by
inserting after section 24712(a)(7) the following—
‘‘(8) STAFFING.—The Committee may—
‘‘(A) appoint, terminate, and fix the compensation of
an executive director and other Committee employees necessary for the Committee to carry out its duties; and
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Overtime.
Amtrak.
Waiver authority.
Determination.
Reports.
Summary.
Time period.
PUBL328
136 STAT. 5126
Determination.
Allocation.
Deadline.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(B) enter into contracts necessary to carry out its
duties, including providing Committee employees with
retirement and other employee benefits under the condition
that Non-Federal members or officers, the executive
director, and employees of the Committee are not Federal
employees for any purpose.
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—Amounts made
available by the Secretary of Transportation for the Committee
may be used to carry out this section.’’.
SEC. 159. For an additional amount for ‘‘Consolidated Rail
Infrastructure and Safety Improvements’’, $25,000,000, to remain
available until expended, for projects selected in response to the
Notice of Funding Opportunity published by the Federal Railroad
Administration on August 19, 2019 (84 FR 42979), and where
a grant for the project was obligated after June 1, 2021 and remains
open: Provided, That sponsors of projects eligible for funds made
available under this heading in this section shall provide sufficient
written justification describing, at a minimum, the current project
cost estimate, why the project cannot be completed with the obligated grant amount, and any other relevant information, as determined by the Secretary: Provided further, That funds made available under this section shall be allocated to projects eligible to
receive funding under this section in order of the date the grants
were obligated: Provided further, That the allocation under the
preceding proviso will be for the amounts necessary to cover
increases to eligible project costs since the grant was obligated,
based on the information provided: Provided further, That the
amounts made available under this section shall not be part of
the Federal share of total project costs under section 22907(h)(2)
of title 49, United States Code: Provided further, That the Federal
Railroad Administration shall provide the amounts allocated to
projects under this section no later than 90 days after the date
the sufficient written justifications required under this section have
been submitted.
FEDERAL TRANSIT ADMINISTRATION
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
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(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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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TRANSIT INFRASTRUCTURE GRANTS
For an additional amount for buses and bus facilities grants
under section 5339(b) of title 49, United States Code, low or no
emission grants under section 5339(c) of such title, ferry boats
grants under section 5307(h) of such title, bus testing facilities
under section 5318 of such title, innovative mobility solutions grants
under section 5312 of such title, accelerating innovative mobility
initiative grants under section 5312 of such title, accelerating the
adoption of zero emission buses under section 5312 of such title,
Community Project Funding/Congressionally Directed Spending for
projects and activities eligible under chapter 53 of such title, and
ferry service for rural communities under section 71103 of division
G of Public Law 117–58, $541,959,324, to remain available until
expended: Provided, That of the sums provided under this heading
in this Act—
(1) $90,000,000 shall be available for buses and bus facilities competitive grants as authorized under section 5339(b)
of such title;
(2) $50,000,000 shall be available for the low or no emission
grants as authorized under section 5339(c) of such title: Provided, That the minimum grant award shall be not less than
$750,000;
(3) $15,000,000 shall be available for ferry boat grants
as authorized under section 5307(h) of such title: Provided,
That of the amounts provided under this paragraph, no less
than $5,000,000 shall be available for low or zero emission
ferries or ferries using electric battery or fuel cell components
and the infrastructure to support such ferries;
(4) $2,000,000 shall be available for the operation and
maintenance of the bus testing facilities selected under section
5318 of such title;
(5) $360,459,324 shall be available for the purposes, and
in amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community
Project Funding/Congressionally Directed Spending’’ included
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided,
That unless otherwise specified, applicable requirements under
chapter 53 of title 49, United States Code, shall apply to
amounts made available in this paragraph, except that the
Federal share of the costs for a project in this paragraph
shall be in an amount equal to 80 percent of the net costs
of the project, unless the Secretary approves a higher maximum
Federal share of the net costs of the project consistent with
administration of similar projects funded under chapter 53
of title 49, United States Code;
(6) $17,500,000 shall be available for ferry service for rural
communities under section 71103 of division G of Public Law
117–58: Provided, That for amounts made available in this
paragraph, notwithstanding section 71103(a)(2)(B), eligible
service shall include passenger ferry service that serves at
least two rural areas with a single segment over 20 miles
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Applicability.
Approval.
PUBL328
136 STAT. 5128
Evaluation.
PUBLIC LAW 117–328—DEC. 29, 2022
between the two rural areas and is not otherwise eligible under
section 5307(h) of title 49, United States Code: Provided further,
That entities that provide eligible service pursuant to the preceding proviso may use amounts made available in this paragraph for public transportation capital projects to support any
ferry service between two rural areas: Provided further, That
entities eligible for amounts made available in this paragraph
shall only provide ferry service to rural areas;
(7) $1,000,000 shall be available for the demonstration
and deployment of innovative mobility solutions as authorized
under section 5312 of title 49, United States Code: Provided,
That such amounts shall be available for competitive grants
or cooperative agreements for the development of software to
facilitate the provision of demand-response public transportation service that dispatches public transportation fleet
vehicles through riders mobile devices or other advanced means:
Provided further, That the Secretary shall evaluate the potential for software developed with grants or cooperative agreements to be shared for use by public transportation agencies;
(8) $1,000,000 shall be for the accelerating innovative
mobility initiative as authorized under section 5312 of title
49, United States Code: Provided, That such amounts shall
be available for competitive grants to improve mobility and
enhance the rider experience with a focus on innovative service
delivery models, creative financing, novel partnerships, and
integrated payment solutions in order to help disseminate
proven innovation mobility practices throughout the public
transportation industry; and
(9) $5,000,000 shall be available to support technical assistance, research, demonstration, or deployment activities or
projects to accelerate the adoption of zero emission buses in
public transit as authorized under section 5312 of title 49,
United States Code:
Provided further, That amounts made available under this heading
in this Act shall be derived from the general fund: Provided further,
That amounts made available under this heading in this Act shall
not be subject to any limitation on obligations for transit programs
set forth in this or any other Act.
TECHNICAL ASSISTANCE AND TRAINING
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,500,000, to remain available until September 30, 2024: Provided, That the assistance provided under
this heading does not duplicate the activities of section 5311(b)
or section 5312 of title 49, United States Code: Provided further,
That amounts made available under this heading are in addition
to any other amounts made available for such purposes: Provided
further, That amounts made available under this heading shall
not be subject to any limitation on obligations set forth in this
or any other Act.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That the Secretary shall continue to administer
the capital investment grants program in accordance with the procedural and substantive requirements of section 5309 of title 49,
United States Code, and of section 3005(b) of the Fixing America’s
Surface Transportation Act: Provided further, That projects that
receive a grant agreement under the Expedited Project Delivery
for Capital Investment Grants Pilot Program under section 3005(b)
of the Fixing America’s Surface Transportation Act shall be deemed
eligible for funding provided for projects under section 5309 of
title 49, United States Code, without further evaluation or rating
under such section: Provided further, That such funding shall not
exceed the Federal share under section 3005(b): Provided further,
That upon submission to the Congress of the fiscal year 2024
President’s budget, the Secretary of Transportation shall transmit
to Congress the annual report on capital investment grants,
including proposed allocations for fiscal year 2024.
Continuation.
Reports.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of the
Passenger Rail Investment and Improvement Act of 2008 (Public
Law 110–432), $150,000,000, to remain available until expended:
Provided, That the Secretary of Transportation shall approve grants
for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving
and reviewing a request for each specific project: Provided further,
That the Secretary shall determine that the Washington Metropolitan Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system before
approving such grants.
Determination.
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION
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(INCLUDING RESCISSIONS)
SEC. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ‘‘Capital
Investment Grants’’ of the Federal Transit Administration for
projects specified in this Act not obligated by September 30, 2026,
and other recoveries, shall be directed to projects eligible to use
the funds for the purposes for which they were originally provided.
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Deadline.
PUBL328
136 STAT. 5130
Transfer
authority.
Allocations.
Time period.
Distribution.
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Allocation.
Deadline.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2022, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure, may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 163. None of the funds made available by this Act or
any other Act shall be used to adjust apportionments or withhold
funds from apportionments pursuant to section 9503(e)(4) of the
Internal Revenue Code of 1986 (26 U.S.C. 9503(e)(4)).
SEC. 164. None of the funds made available by this Act or
any other Act shall be used to impede or hinder project advancement
or approval for any project seeking a Federal contribution from
the capital investment grants program of greater than 40 percent
of project costs as authorized under section 5309 of title 49, United
States Code.
SEC. 165. For an additional amount for ‘‘Department of
Transportation—Federal Transit Administration—Capital Investment Grants’’, $425,000,000, to remain available until expended,
for allocation to recipients with existing full funding grant agreements under sections 5309(d) and 5309(e) of title 49, United States
Code: Provided, That allocations shall be made only to recipients—
(1) that have received allocations for fiscal year 2022 or
that have expended 100 percent of the funds allocated under
section 3401(b)(4) of the American Rescue Plan Act of 2021
(Public Law 117–2); and
(2) that have a non-capital investment grant share of at
least $800,000,000 and either a capital investment grant share
of 40 percent or less or signed a full funding grant agreement
between January 20, 2017 and January 20, 2021; and
(3) that have expended at least 75 percent of the allocations
received under paragraph (4) of section 3401(b) of the American
Rescue Plan Act of 2021 (Public Law 117–2) or expended at
least 50 percent of the Federal operating assistance allocations
received under section 5307 of title 49, United States Code,
in the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116–136), the Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (division M of Public
Law 116–260), or the American Rescue Plan Act of 2021 (Public
Law 117–2):
Provided further, That recipients with projects open for revenue
service shall not be eligible to receive an allocation of funding
under this section: Provided further, That amounts shall be provided
to recipients proportionally based on the non-capital investment
grant share of the project: Provided further, That no project may
receive an allocation of more than 15 percent of the total amount
in this section: Provided further, That the Secretary shall proportionally distribute funds in excess of such 15 percent to recipients
for which the percent of funds does not exceed 15 percent: Provided
further, That amounts allocated pursuant to this section shall be
provided to eligible recipients notwithstanding the limitation of
any calculation of the maximum amount of Federal financial assistance for the project under section 5309(k)(2)(C)(ii) of title 49, United
States Code: Provided further, That the Federal Transit Administration shall allocate amounts under this section no later than 30
days after the date of enactment of this Act.
SEC. 166. (a) The remaining unobligated balances, as of September 30, 2023, from amounts made available to the Department
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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 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.
Contracts.
OPERATIONS AND MAINTENANCE
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(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.
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PUBL328
136 STAT. 5132
PUBLIC LAW 117–328—DEC. 29, 2022
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
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Reports.
Sexual assault
and harassment.
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For necessary expenses of operations and training activities
authorized by law, $213,181,000: Provided, That of the sums appropriated under this heading—
(1) $87,848,000 shall remain available until September 30,
2024, for the operations of the United States Merchant Marine
Academy;
(2) $11,900,000 shall remain available until expended, for
facilities maintenance and repair, and equipment, at the United
States Merchant Marine Academy;
(3) $31,921,000 shall remain available until expended, for
capital improvements at the United States Merchant Marine
Academy;
(4) $6,000,000 shall remain available until September 30,
2024, for the Maritime Environmental and Technical Assistance
program authorized under section 50307 of title 46, United
States Code; and
(5) $10,000,000 shall remain available until expended, for
the America’s Marine Highway Program to make grants for
the purposes authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code:
Provided further, That the Administrator of the Maritime Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as
required pursuant to section 3510 of the National Defense
Authorization Act for fiscal year 2017 (46 U.S.C. 51318): Provided
further, That available balances under this heading for the Short
Sea Transportation Program (now known as the America’s Marine
Highway Program) from prior year recoveries shall be available
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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) $30,500,000 shall remain available until expended, for
maintenance, repair, life extension, insurance, and capacity
improvement of National Defense Reserve Fleet training ships,
and for support of training ship operations at the State Maritime Academies, of which not more than $8,000,000 shall be
for expenses related to training mariners, and for costs associated with training vessel sharing pursuant to section
51504(g)(3) of title 46, United States Code, for costs associated
with mobilizing, operating and demobilizing the vessel; travel
costs for students, faculty and crew; and the costs of the general
agent, crew costs, fuel, insurance, operational fees, and vessel
hire costs, as determined by the Secretary;
(2) $75,000,000 shall remain available until expended, for
the National Security Multi-Mission Vessel Program, including
funds for construction, planning, administration, and design
of school ships and, as determined by the Secretary, necessary
expenses to design, plan, construct infrastructure, and purchase
equipment necessary to berth such ships;
(3) $2,400,000 shall remain available until September 30,
2027, for the Student Incentive Program;
(4) $6,800,000 shall remain available until expended, for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2024, for direct payments for State Maritime Academies:
Provided further, That the Administrator of the Maritime Administration may use the funds made available under paragraph (2)
and the funds provided for shoreside infrastructure improvements
in Public Law 117–103 for the purposes described in paragraph
(2): Provided further, That such funds may be used to reimburse
State Maritime Academies for costs incurred prior to the date
of enactment of this Act.
Determination.
Determination.
Reimbursement.
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
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(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.
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136 STAT. 5134
PUBLIC LAW 117–328—DEC. 29, 2022
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
Applicability.
To make grants to improve port facilities as authorized under
section 54301 of title 46, United States Code, $212,203,512, to
remain available until expended: Provided, That projects eligible
for amounts made available under this heading in this Act shall
be projects for coastal seaports, inland river ports, or Great Lakes
ports: Provided further, That of the amounts made available under
this heading in this Act, not less than $187,203,512 shall be for
coastal seaports or Great Lakes ports: Provided further, That the
requirements under section 3501(a)(12) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81) shall
apply to amounts made available under this heading in this Act:
Provided further, That for grants awarded under this heading in
this Act, the minimum grant size shall be $1,000,000: Provided
further, That for amounts made available under this heading in
this Act, the requirement under section 54301(a)(6)(A)(ii) of title
46, United States Code, shall not apply to projects located in noncontiguous States or territories.
ADMINISTRATIVE PROVISION—MARITIME ADMINISTRATION
SEC. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime Administration
is authorized to furnish utilities and services and make necessary
repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration: Provided, That payments received therefor shall
be credited to the appropriation charged with the cost thereof
and shall remain available until expended: Provided further, That
rental payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall be deposited into the Treasury as miscellaneous receipts.
PIPELINE
AND
HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OPERATIONAL EXPENSES
For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $29,936,000, of which
$4,500,000 shall remain available until September 30, 2025.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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)
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(OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to carry out a pipeline safety program,
as authorized by section 60107 of title 49, United States Code,
and to discharge the pipeline program responsibilities of the Oil
Pollution Act of 1990 (Public Law 101–380), $190,385,000, to remain
available until September 30, 2025, of which $29,000,000 shall
be derived from the Oil Spill Liability Trust Fund; of which
$153,985,000 shall be derived from the Pipeline Safety Fund; of
which $400,000 shall be derived from the fees collected under
section 60303 of title 49, United States Code, and deposited in
the Liquefied Natural Gas Siting Account for compliance reviews
of liquefied natural gas facilities; and of which $7,000,000 shall
be derived from fees collected under section 60302 of title 49,
United States Code, and deposited in the Underground Natural
Gas Storage Facility Safety Account for the purpose of carrying
out section 60141 of title 49, United States Code: Provided, That
not less than $1,058,000 of the amounts made available under
this heading shall be for the One-Call State grant program: Provided
further, That any amounts made available under this heading in
this Act or in prior Acts for research contracts, grants, cooperative
agreements or research other transactions agreements (‘‘OTAs’’)
shall require written notification to the House and Senate Committees on Appropriations not less than 3 full business days before
such research contracts, grants, cooperative agreements, or research
OTAs are announced by the Department of Transportation: Provided further, That the Secretary shall transmit to the House and
Senate Committees on Appropriations the report on pipeline safety
testing enhancement as required pursuant to section 105 of the
Protecting our Infrastructure of Pipelines and Enhancing Safety
Act of 2020 (division R of Public Law 116–260): Provided further,
That the Secretary may obligate amounts made available under
this heading to engineer, erect, alter, and repair buildings or make
any other public improvements for research facilities at the
Transportation Technology Center after the Secretary submits an
updated research plan and the report in the preceding proviso
to the House and Senate Committees on Appropriations and after
such plan and report in the preceding proviso are approved by
the House and Senate Committees on Appropriations.
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Requirements.
Notifications.
Deadline.
Reports.
Research plan.
Approvals.
PUBL328
136 STAT. 5136
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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. None of the funds made available by this Act or
in title VIII of division J of Public Law 117–58 to the Department
of Transportation may be used to make a loan, loan guarantee,
line of credit, letter of intent, federally funded cooperative agreement, full funding grant agreement, or discretionary grant unless
the Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business days
before any project competitively selected to receive any discretionary
grant award, letter of intent, loan commitment, loan guarantee
commitment, line of credit commitment, federally funded cooperative agreement, or full funding grant agreement is announced by
the Department or its operating administrations: Provided, That
the Secretary of Transportation shall provide the House and Senate
Committees on Appropriations with a comprehensive list of all
such loans, loan guarantees, lines of credit, letters of intent, federally funded cooperative agreements, full funding grant agreements,
and discretionary grants prior to the notification required under
the preceding proviso: Provided further, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ‘‘quick release’’ of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
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Loans.
Contracts.
Grants.
Notifications.
Deadline.
List.
Notifications.
PUBL328
136 STAT. 5138
Reprogramming
notice.
Approvals.
Deadline.
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Contracts.
Certification.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 186. Rebates, refunds, incentive payments, minor fees,
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be
credited to appropriations of the Department of Transportation
and allocated to organizational units of the Department of Transportation using fair and equitable criteria and such funds shall be
available until expended.
SEC. 187. Notwithstanding any other provision of law, if any
funds provided by or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and
Senate Committees on Appropriations, transmission of such reprogramming notice shall be provided solely to the House and
Senate Committees on Appropriations, and such reprogramming
action shall be approved or denied solely by the House and Senate
Committees on Appropriations: Provided, That the Secretary of
Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogramming but not sooner than 30 days
after the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appropriations.
SEC. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary
for the costs related to assessments or reimbursable agreements
only when such amounts are for the costs of goods and services
that are purchased to provide a direct benefit to the applicable
operating administration or administrations.
SEC. 189. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits
authorized under section 7905 of title 5, United States Code,
including distribution of transit benefits by various paper and electronic media.
SEC. 190. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract under
title 49 or 23 of the United States Code utilizing geographic, economic, or any other hiring preference not otherwise authorized
by law, or to amend a rule, regulation, policy or other measure
that forbids a recipient of a Federal Highway Administration or
Federal Transit Administration grant from imposing such hiring
preference on a contract or construction project with which the
Department of Transportation is assisting, only if the grant
recipient certifies the following:
(1) that except with respect to apprentices or trainees,
a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work
that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5139
SEC. 191. The Secretary of Transportation shall coordinate with
the Secretary of Homeland Security to ensure that best practices
for Industrial Control Systems Procurement are up-to-date and
shall ensure that systems procured with funds provided under
this title were procured using such practices.
This title may be cited as the ‘‘Department of Transportation
Appropriations Act, 2023’’.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
MANAGEMENT
AND
ADMINISTRATION
Coordination.
Contracts.
Updates.
Department of
Housing and
Urban
Development
Appropriations
Act, 2022.
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.
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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
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PUBL328
136 STAT. 5140
PUBLIC LAW 117–328—DEC. 29, 2022
3109 of title 5, United States Code: Provided further, That notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities
that directly support program activities funded in this title: Provided further, That the Secretary shall provide the House and
Senate Committees on Appropriations quarterly written notification
regarding the status of pending congressional reports: Provided
further, That the Secretary shall provide in electronic form all
signed reports required by Congress.
Time period.
Notification.
Reports.
Reports.
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)
Determination.
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Advance notice.
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For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
‘‘Fund’’), pursuant, in part, to section 7(f) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(f)), amounts
transferred, including reimbursements pursuant to section 7(f), to
the Fund under this heading shall be available only for Federal
shared services used by offices and agencies of the Department,
and for any such portion of any office or agency’s printing, records
management, space renovation, furniture, or supply services the
Secretary has determined shall be provided through the Fund,
and the operational expenses of the Fund: Provided, That amounts
within the Fund shall not be available to provide services not
specifically authorized under this heading: Provided further, That
upon a determination by the Secretary that any other service (or
portion thereof) authorized under this heading shall be provided
through the Fund, amounts made available in this title for salaries
and expenses under the headings ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, ‘‘Program Offices’’, and ‘‘Government National
Mortgage Association’’, for such services shall be transferred to
the Fund, to remain available until expended: Provided further,
That the Secretary shall notify the House and Senate Committees
on Appropriations of its plans for executing such transfers at least
15 days in advance of such transfers.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
PUBLIC
AND INDIAN
136 STAT. 5141
HOUSING
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TENANT-BASED RENTAL ASSISTANCE
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (in this title ‘‘the
Act’’), not otherwise provided for, $23,599,532,000, to remain available until expended, which shall be available on October 1, 2022
(in addition to the $4,000,000,000 previously appropriated under
this heading that shall be available on October 1, 2022), and
$4,000,000,000, to remain available until expended, which shall
be available on October 1, 2023: Provided, That of the sums appropriated under this heading—
(1) $23,748,420,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act) and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2023 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making
any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph
may be used to fund a total number of unit months under
lease which exceeds a public housing agency’s authorized level
of units under contract, except for public housing agencies
participating in the Moving to Work (MTW) demonstration,
which are instead governed in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any: Provided further, That the Secretary shall, to
the extent necessary to stay within the amount specified under
this paragraph (except as otherwise modified under this paragraph), prorate each public housing agency’s allocation otherwise established pursuant to this paragraph: Provided further,
That except as provided in the following provisos, the entire
amount specified under this paragraph (except as otherwise
modified under this paragraph) shall be obligated to the public
housing agencies based on the allocation and pro rata method
described above, and the Secretary shall notify public housing
agencies of their annual budget by the latter of 60 days after
enactment of this Act or March 1, 2023: Provided further,
That the Secretary may extend the notification period with
the prior written approval of the House and Senate Committees
on Appropriations: Provided further, That public housing agencies participating in the MTW demonstration shall be funded
in accordance with the requirements of the MTW demonstration
program or their MTW agreements, if any, and shall be subject
to the same pro rata adjustments under the preceding provisos:
Provided further, That the Secretary may offset public housing
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Vouchers.
Determinations.
Notice.
Federal Register,
publication.
Notification.
Deadlines.
Extension.
Advance
approval.
PUBL328
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) 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
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PUBLIC LAW 117–328—DEC. 29, 2022
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5143
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 et seq.):
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined
by the Secretary;
(2) $337,000,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units that
are demolished or disposed of pursuant to section 18 of the
Act, conversion of section 23 projects to assistance under section
8, relocation of witnesses (including victims of violent crimes)
in connection with efforts to combat crime in public and assisted
housing pursuant to a request from a law enforcement or
prosecution agency, enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act, Choice Neighborhood vouchers, mandatory and voluntary
conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance
to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959
and 1974 that are refinanced pursuant to Public Law 106–
569, as amended, or under the authority as provided under
this Act: Provided, That when a public housing development
is submitted for demolition or disposition under section 18
of the Act, the Secretary may provide section 8 rental assistance
when the units pose an imminent health and safety risk to
residents: Provided further, That the Secretary may provide
section 8 rental assistance from amounts made available under
this paragraph for units assisted under a project-based subsidy
contract funded under the ‘‘Project-Based Rental Assistance’’
heading under this title where the owner has received a Notice
of Default and the units pose an imminent health and safety
risk to residents: Provided further, That of the amounts made
available under this paragraph, no less than $5,000,000 may
be available to provide tenant protection assistance, not otherwise provided under this paragraph, to residents residing in
low vacancy areas and who may have to pay rents greater
than 30 percent of household income, as the result of: (A)
the maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to loan
prepayment; (B) the expiration of a rental assistance contract
for which the tenants are not eligible for enhanced voucher
or tenant protection assistance under existing law; or (C) the
expiration of affordability restrictions accompanying a mortgage
or preservation program administered by the Secretary: Provided further, That such tenant protection assistance made
available under the preceding proviso may be provided under
the authority of section 8(t) or section 8(o)(13) of the Act:
Provided further, That any tenant protection voucher made
available from amounts under this paragraph shall not be
reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the initial
family that received any such voucher no longer receives such
voucher, and the authority for any public housing agency to
issue any such voucher shall cease to exist: Provided further,
That the Secretary may only provide replacement vouchers
for units that were occupied within the previous 24 months
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Allocation.
Notice.
Time period.
PUBL328
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136 STAT. 5144
PUBLIC LAW 117–328—DEC. 29, 2022
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
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PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5145
rental assistance for Mainstream families as a result of
insufficient funding:
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined
by the Secretary: Provided further, That upon turnover, section
811 special purpose vouchers funded under this heading in
this or prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with disabilities;
(5) Of the amounts provided under paragraph (1), up to
$7,500,000 shall be available for rental assistance and associated administrative fees for Tribal HUD–VASH to serve Native
American veterans that are homeless or at-risk of homelessness
living on or near a reservation or other Indian areas: Provided,
That such amount shall be made available for renewal grants
to recipients that received assistance under prior Acts under
the Tribal HUD–VASH program: Provided further, That the
Secretary shall be authorized to specify criteria for renewal
grants, including data on the utilization of assistance reported
by grant recipients: Provided further, That such assistance
shall be administered in accordance with program requirements
under the Native American Housing Assistance and Self-Determination Act of 1996 and modeled after the HUD–VASH program: Provided further, That the Secretary shall be authorized
to waive, or specify alternative requirements for any provision
of any statute or regulation that the Secretary administers
in connection with the use of funds made available under
this paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such assistance: Provided further, That grant
recipients shall report to the Secretary on utilization of such
rental assistance and other program data, as prescribed by
the Secretary: Provided further, That the Secretary may reallocate, as determined by the Secretary, amounts returned or
recaptured from awards under the Tribal HUD–VASH program
under prior Acts to existing recipients under the Tribal HUD–
VASH program;
(6) $50,000,000 shall be available for incremental rental
voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United
States Housing Act of 1937: Provided, That the Secretary of
Housing and Urban Development shall make such funding
available, notwithstanding section 203 (competition provision)
of this title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the Secretary of the Department of Veterans Affairs, public housing
agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in
consultation with the Secretary of the Department of Veterans
Affairs: Provided further, That the Secretary of Housing and
Urban Development may waive, or specify alternative requirements for (in consultation with the Secretary of the Department
of Veterans Affairs), any provision of any statute or regulation
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Allocation.
Grants.
Criteria.
Data.
Waiver authority.
Requirements.
Reports.
Data.
Reallocation.
Determination.
Waiver authority.
Requirements.
PUBL328
136 STAT. 5146
Continuation.
Veterans.
Continuations.
Review.
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Notification.
Reallocation.
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PUBLIC LAW 117–328—DEC. 29, 2022
that the Secretary of Housing and Urban Development administers in connection with the use of funds made available under
this paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That assistance made available under this paragraph shall
continue to remain available for homeless veterans upon turnover: Provided further, That of the total amount made available
under this paragraph, up to $10,000,000 may be for additional
fees established by and allocated pursuant to a method determined by the Secretary for administrative and other expenses
(including those eligible activities defined by notice to facilitate
leasing, such as security deposit assistance and costs related
to the retention and support of participating owners) of public
housing agencies in administering HUD–VASH vouchers;
(7) $30,000,000 shall be available for the family unification
program as authorized under section 8(x) of the Act: Provided,
That the amounts made available under this paragraph are
provided as follows:
(A) $5,000,000 shall be available for new incremental
voucher assistance: Provided, That the assistance made
available under this subparagraph shall continue to remain
available for family unification upon turnover; and
(B) $25,000,000 shall be available for new incremental
voucher assistance to assist eligible youth as defined by
such section 8(x)(2)(B) of the Act: Provided, That assistance
made available under this subparagraph shall continue
to remain available for such eligible youth upon turnover:
Provided further, That of the total amount made available
under this subparagraph, up to $15,000,000 shall be available on a noncompetitive basis to public housing agencies
that partner with public child welfare agencies to identify
such eligible youth, that request such assistance to timely
assist such eligible youth, and that meet any other criteria
as specified by the Secretary: Provided further, That the
Secretary shall review utilization of the assistance made
available under the preceding proviso, at an interval to
be determined by the Secretary, and unutilized voucher
assistance that is no longer needed shall be recaptured
by the Secretary and reallocated pursuant to the preceding
proviso:
Provided further, That for any public housing agency administering voucher assistance appropriated in a prior Act under
the family unification program, or made available and competitively selected under this paragraph, that determines that it
no longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
specified program or eligible youth, as applicable;
(8) $50,000,000 shall be available for new incremental
voucher assistance under section 8(o) of the Act to be allocated
pursuant to a method, as determined by the Secretary, which
may include a formula that may include such factors as severe
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5147
cost burden, overcrowding, substandard housing for very lowincome 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.
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PUBLIC HOUSING FUND
For 2023 payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(e))
(the ‘‘Act’’), and to carry out capital and management activities
for public housing agencies, as authorized under section 9(d) of
the Act (42 U.S.C. 1437g(d)), $8,514,000,000, to remain available
until September 30, 2026: Provided, That of the sums appropriated
under this heading—
(1) $5,109,000,000 shall be available for the Secretary to
allocate pursuant to the Operating Fund formula at part 990
of title 24, Code of Federal Regulations, for 2023 payments;
(2) $25,000,000 shall be available for the Secretary to allocate pursuant to a need-based application process notwithstanding section 203 of this title and not subject to such Operating Fund formula to public housing agencies that experience,
or are at risk of, financial shortfalls, as determined by the
Secretary: Provided, That after all such shortfall needs are
met, the Secretary may distribute any remaining funds to all
public housing agencies on a pro-rata basis pursuant to such
Operating Fund formula;
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Allocation.
Determination.
Distribution.
PUBL328
136 STAT. 5148
Waiver authority.
Notification.
Deadline.
Bonus awards.
Notification.
Deadline.
Effective date.
Allocation.
Evaluation.
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Evaluation.
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PUBLIC LAW 117–328—DEC. 29, 2022
(3) $3,200,000,000 shall be available for the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation
in section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act: Provided further, That the Secretary shall notify public housing
agencies requesting waivers under the preceding proviso if the
request is approved or denied within 14 days of submitting
the request: Provided further, That from the funds made available under this paragraph, the Secretary shall provide bonus
awards in fiscal year 2023 to public housing agencies that
are designated high performers: Provided further, That the
Department shall notify public housing agencies of their formula allocation within 60 days of enactment of this Act;
(4) $50,000,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this title, to public
housing agencies for emergency capital needs, including safety
and security measures necessary to address crime and drugrelated activity, as well as needs resulting from unforeseen
or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2023,
of which $20,000,000 shall be available for public housing agencies under administrative and judicial receiverships or under
the control of a Federal monitor: Provided, That of the amount
made available under this paragraph, not less than $10,000,000
shall be for safety and security measures: Provided further,
That in addition to the amount in the preceding proviso for
such safety and security measures, any amounts that remain
available, after all applications received on or before September
30, 2024, for emergency capital needs have been processed,
shall be allocated to public housing agencies for such safety
and security measures;
(5) $65,000,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce residential
health hazards in public housing, including lead-based paint
(by carrying out the activities of risk assessments, abatement,
and interim controls, as those terms are defined in section
1004 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4851b)), carbon monoxide, mold, radon,
and fire safety: Provided, That not less than $25,000,000 of
the amounts provided under this paragraph shall be awarded
for evaluating and reducing lead-based paint hazards: Provided
further, That for purposes of environmental review, a grant
under this paragraph shall be considered funds for projects
or activities under title I of the Act for purposes of section
26 of the Act (42 U.S.C. 1437x) and shall be subject to the
regulations implementing such section: Provided further, That
amounts made available under this paragraph shall be combined with amounts made available under the sixth paragraph
under this heading in the Consolidated Appropriations Act,
2021 (Public Law 116–260) and shall be used in accordance
with the purposes and requirements under this paragraph;
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Definition.
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CHOICE NEIGHBORHOODS INITIATIVE
For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) unless otherwise specified under this
heading), for transformation, rehabilitation, and replacement
housing needs of both public and HUD-assisted housing and to
transform neighborhoods of poverty into functioning, sustainable,
mixed-income neighborhoods with appropriate services, schools,
public assets, transportation, and access to jobs, $350,000,000, to
remain available until September 30, 2027: Provided, That grant
funds may be used for resident and community services, community
development, and affordable housing needs in the community, and
for conversion of vacant or foreclosed properties to affordable
housing: Provided further, That not more than 20 percent of the
amount of any grant made with amounts made available under
this heading may be used for necessary supportive services notwithstanding subsection (d)(1)(L) of such section 24: Provided further,
That the use of amounts made available under this heading shall
not be deemed to be for public housing, notwithstanding section
3(b)(1) of such Act: Provided further, That grantees shall commit
to an additional period of affordability determined by the Secretary
of not fewer than 20 years: Provided further, That grantees shall
provide a match in State, local, other Federal, or private funds:
Provided further, That grantees may include local governments,
Tribal entities, public housing agencies, and nonprofit organizations:
Provided further, That for-profit developers may apply jointly with
a public entity: Provided further, That for purposes of environmental
review, a grantee shall be treated as a public housing agency
under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants made with amounts available under
this heading shall be subject to the regulations issued by the
Secretary to implement such section: Provided further, That of
the amounts made available under this heading, not less than
$175,000,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other
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Determination.
Time period.
Regulations.
PUBL328
136 STAT. 5150
Consultation.
Coordination.
Grants.
Deadline.
Determination.
PUBLIC LAW 117–328—DEC. 29, 2022
local organizations, including assisted housing owners, service agencies, and resident organizations: Provided further, That the Secretary shall consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and Commerce, the Attorney General, and the Administrator of the Environmental Protection Agency to coordinate and leverage other appropriate Federal resources: Provided further, That not more than
$10,000,000 of the amounts made available under this heading
may be provided as grants to undertake comprehensive local planning with input from residents and the community: Provided further, That unobligated balances, including recaptures, remaining
from amounts made available under the heading ‘‘Revitalization
of Severely Distressed Public Housing (HOPE VI)’’ in fiscal year
2011 and prior fiscal years may be used for purposes under this
heading, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That the Secretary shall make
grant awards not later than 1 year after the date of enactment
of this Act in such amounts that the Secretary determines: Provided
further, That notwithstanding section 24(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, until
September 30, 2023, obligate any available unobligated balances
made available under this heading in this or any prior Act.
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SELF-SUFFICIENCY PROGRAMS
Grants.
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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 SelfSufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of
1937 (42 U.S.C. 1437u), to promote the development of local
strategies to coordinate the use of assistance under sections
8 and 9 of such Act with public and private resources, and
enable eligible families to achieve economic independence and
self-sufficiency;
(2) $35,000,000 shall be available for the Resident Opportunity and Self-Sufficiency program to provide for supportive
services, service coordinators, and congregate services as
authorized by section 34 of the United States Housing Act
of 1937 (42 U.S.C. 1437z–6) and the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.): Provided, That amounts made available under this
paragraph may be used to renew Resident Opportunity and
Self-Sufficiency program grants to allow the public housing
agency, or a new owner, to continue to serve (or restart service
to) residents of a project with assistance converted from public
housing to project-based rental assistance under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) or
assistance under section 8(o)(13) of such Act under the heading
‘‘Rental Assistance Demonstration’’ in the Department of
Housing and Urban Development Appropriations Act, 2012
(Public Law 112–55), as amended (42 U.S.C. 1437f note); and
(3) $15,000,000 shall be available for a Jobs-Plus Initiative,
modeled after the Jobs-Plus demonstration: Provided, That
funding provided under this paragraph shall be available for
competitive grants to partnerships between public housing
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, That the Secretary may allow public housing agencies to request exemptions
from rent and income limitation requirements under sections
3 and 6 of the United States Housing Act of 1937 (42 U.S.C.
1437a, 1437d), as necessary to implement the Jobs-Plus program, on such terms and conditions as the Secretary may
approve upon a finding by the Secretary that any such waivers
or alternative requirements are necessary for the effective
implementation of the Jobs-Plus Initiative as a voluntary program for residents: Provided further, That the Secretary shall
publish by notice in the Federal Register any waivers or alternative requirements pursuant to the preceding proviso no later
than 10 days before the effective date of such notice.
Waivers.
Requirements.
Notice.
Federal Register,
publication.
Waivers.
Deadline.
NATIVE AMERICAN PROGRAMS
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(INCLUDING RESCISSION)
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act
of 1996 (in this heading ‘‘NAHASDA’’) (25 U.S.C. 4111 et seq.),
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.) with respect to Indian tribes, and related
training and technical assistance, $1,020,000,000, to remain available until September 30, 2027: Provided, That of the sums appropriated under this heading—
(1) $787,000,000 shall be available for the Native American
Housing Block Grants program, as authorized under title I
of NAHASDA: Provided, That, notwithstanding NAHASDA, to
determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the formula
under section 302 of such Act with the need component based
on single-race census data and with the need component based
on multi-race census data, and the amount of the allocation
for each Indian tribe shall be the greater of the two resulting
allocation amounts: Provided further, That the Secretary shall
notify grantees of their formula allocation not later than 60
days after the date of enactment of this Act;
(2) $150,000,000 shall be available for competitive grants
under the Native American Housing Block Grants program,
as authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate such amount for competitive grants
to eligible recipients authorized under NAHASDA that apply
for funds: Provided further, That in awarding amounts made
available in this paragraph, the Secretary shall consider need
and administrative capacity, and shall give priority to projects
that will spur construction and rehabilitation of housing: Provided further, That a grant funded pursuant to this paragraph
shall be in an amount not greater than $7,500,000: Provided
further, That any amounts transferred for the necessary costs
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Determination.
Applicability.
Notification.
Deadline.
PUBL328
136 STAT. 5152
Determination.
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Contracts.
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PUBLIC LAW 117–328—DEC. 29, 2022
of administering and overseeing the obligation and expenditure
of such additional amounts in prior Acts may also be used
for the necessary costs of administering and overseeing such
additional amount;
(3) $1,000,000 shall be available for the cost of guaranteed
notes and other obligations, as authorized by title VI of
NAHASDA: Provided, That such costs, including the cost of
modifying such notes and other obligations, shall be as defined
in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That amounts made available
in this and prior Acts for the cost of such guaranteed notes
and other obligations that are unobligated, including recaptures
and carryover, shall be available to subsidize the total principal
amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $50,000,000, to remain available until September 30, 2024: Provided further, That any
remaining loan guarantee limitation authorized for this program in fiscal year 2020 or prior fiscal years is hereby
rescinded;
(4) $75,000,000 shall be available for grants to Indian
tribes for carrying out the Indian Community Development
Block Grant program under title I of the Housing and Community Development Act of 1974, notwithstanding section 106(a)(1)
of such Act, of which, notwithstanding any other provision
of law (including section 203 of this Act), not more than
$5,000,000 may be used for emergencies that constitute
imminent threats to health and safety: Provided, That not
to exceed 20 percent of any grant made with amounts made
available in this paragraph shall be expended for planning
and management development and administration; and
(5) $7,000,000, in addition to amounts otherwise available
for such purpose, shall be available for providing training and
technical assistance to Indian tribes, Indian housing authorities, and tribally designated housing entities, to support the
inspection of Indian housing units, for contract expertise, and
for training and technical assistance related to amounts made
available under this heading and other headings in this Act
for the needs of Native American families and Indian country:
Provided, That of the amounts made available in this paragraph, not less than $2,000,000 shall be for a national organization as authorized under section 703 of NAHASDA (25 U.S.C.
4212): Provided further, That amounts made available in this
paragraph may be used, contracted, or competed as determined
by the Secretary: Provided further, That notwithstanding
chapter 63 of title 31, United States Code (commonly known
as the Federal Grant and Cooperative Agreements Act of 1977),
the amounts made available in this paragraph may be used
by the Secretary to enter into cooperative agreements with
public and private organizations, agencies, institutions, and
other technical assistance providers to support the administration of negotiated rulemaking under section 106 of NAHASDA
(25 U.S.C. 4116), the administration of the allocation formula
under section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
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HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
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Contracts.
PUBL328
136 STAT. 5154
Notice.
Notification.
Deadline.
PUBLIC LAW 117–328—DEC. 29, 2022
Act (42 U.S.C. 12901 et seq.), $499,000,000, to remain available
until September 30, 2024, except that amounts allocated pursuant
to section 854(c)(5) of such Act shall remain available until September 30, 2025: Provided, That the Secretary shall renew or
replace all expiring contracts for permanent supportive housing
that initially were funded under section 854(c)(5) of such Act from
funds made available under this heading in fiscal year 2010 and
prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided
further, That the process for submitting amendments and approving
replacement contracts shall be established by the Secretary in a
notice: Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of this
Act.
COMMUNITY DEVELOPMENT FUND
Grants.
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Evaluation.
VerDate Sep 11 2014
04:49 May 12, 2023
For assistance to States and units of general local government,
and other entities, for economic and community development activities, and other purposes, $6,397,285,641, to remain available until
September 30, 2026: Provided, That of the sums appropriated under
this heading—
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of
the Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5301 et seq.) (in this heading ‘‘the Act’’):
Provided, That not to exceed 20 percent of any grant made
with funds made available under this paragraph shall be
expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular
area that directly or indirectly receives funds under this paragraph may not sell, trade, or otherwise transfer all or any
portion of such funds to another such entity in exchange for
any other funds, credits, or non-Federal considerations, but
shall use such funds for activities eligible under title I of
the Act: Provided further, That notwithstanding section
105(e)(1) of the Act, no funds made available under this paragraph may be provided to a for-profit entity for an economic
development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with
guidelines required under subsection (e)(2) of section 105;
(2) $85,000,000 shall be available for the Secretary to award
grants on a competitive basis to State and local governments,
metropolitan planning organizations, and multijurisdictional
entities for additional activities under title I of the Act for
the identification and removal of barriers to affordable housing
production and preservation: Provided, That eligible uses of
such grants include activities to further develop, evaluate, and
implement housing policy plans, improve housing strategies,
and facilitate affordable housing production and preservation:
Provided further, That the Secretary shall prioritize applicants
that are able to (A) demonstrate progress and a commitment
to overcoming local barriers to facilitate the increase in affordable housing production and preservation; and (B) demonstrate
an acute demand for housing affordable to households with
incomes below 100 percent of the area median income: Provided
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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 in administering such amounts the Secretary may
waive or specify alternative requirements for any provision
of such title I except for requirements related to fair housing,
nondiscrimination, labor standards, the environment, and
requirements that activities benefit persons of low- and moderate-income, upon a finding that any such waivers or alternative requirements are necessary to expedite or facilitate the
use of such amounts;
(3) $30,000,000 shall be available for activities authorized
under section 8071 of the SUPPORT for Patients and Communities Act (Public Law 115–271): Provided, That funds allocated
pursuant to this paragraph shall not adversely affect the
amount of any formula assistance received by a State under
paragraph (1) of this heading: Provided further, That the Secretary shall allocate the funds for such activities based on
the notice establishing the funding formula published in 84
FR 16027 (April 17, 2019) except that the formula shall use
age-adjusted rates of drug overdose deaths for 2020 based on
data from the Centers for Disease Control and Prevention;
and
(4) $2,982,285,641 shall be available for grants for the
Economic Development Initiative (EDI) for the purposes, and
in amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community
Project Funding/Congressionally Directed Spending’’ included
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided,
That eligible expenses of such grants may include administrative, planning, operations and maintenance, and other costs:
Provided further, That such grants for the EDI shall be available for reimbursement of otherwise eligible expenses incurred
on or after the date of enactment of this Act and prior to
the date of grant execution: Provided further, That none of
the amounts made available under this paragraph for grants
for the EDI shall be used for reimbursement of expenses
incurred prior to the date of enactment of this Act: Provided
further, That grants for the EDI authorized under this heading
in the Department of Housing and Urban Development Appropriations Act, 2022 (Public Law 117–103) shall also be available
for reimbursement of otherwise eligible expenses (including
those eligible expenses identified in the first proviso of this
paragraph) incurred on or after the date of enactment of such
Act and prior to the date of grant execution, and shall not
be subject to the second proviso under such heading in such
Act:
Provided further, That for amounts made available under paragraphs (1) and (3), the Secretary shall notify grantees of their
formula allocation within 60 days of enactment of this Act.
Waiver authority.
Allocation.
Grants.
Reimbursement.
Grants.
Reimbursement.
Notification.
Deadline.
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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
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136 STAT. 5156
PUBLIC LAW 117–328—DEC. 29, 2022
loans under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308), any part of which is guaranteed,
shall not exceed a total principal amount of $300,000,000, notwithstanding any aggregate limitation on outstanding obligations
guaranteed in subsection (k) of such section 108: Provided, That
the Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit subsidy
cost of zero for guaranteeing such loans, and any such fees shall
be collected in accordance with section 502(7) of the Congressional
Budget Act of 1974: Provided further, That such commitment
authority funded by fees may be used to guarantee, or make commitments to guarantee, notes or other obligations issued by any State
on behalf of non-entitlement communities in the State in accordance
with the requirements of such section 108: Provided further, That
any State receiving such a guarantee or commitment under the
preceding proviso shall distribute all funds subject to such guarantee to the units of general local government in non-entitlement
areas that received the commitment.
Fees.
Distribution.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended (42 U.S.C. 12721 et seq.), $1,500,000,000,
to remain available until September 30, 2026: Provided, That notwithstanding section 231(b) of such Act (42 U.S.C. 12771(b)), all
unobligated balances remaining from amounts recaptured pursuant
to such section that remain available until expended shall be combined with amounts made available under this heading and allocated in accordance with the formula under section 217(b)(1)(A)
of such Act (42 U.S.C. 12747(b)(1)(A)): Provided further, That the
Department shall notify grantees of their formula allocations within
60 days after enactment of this Act: Provided further, That section
218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with respect
to the right of a jurisdiction to draw funds from its HOME Investment Trust Fund that otherwise expired or would expire in any
calendar year from 2016 through 2025 under that section: Provided
further, That section 231(b) of such Act (42 U.S.C. 12771(b)) shall
not apply to any uninvested funds that otherwise were deducted
or would be deducted from the line of credit in the participating
jurisdiction’s HOME Investment Trust Fund in any calendar year
from 2018 through 2025 under that section.
Notification.
Deadline.
Time period.
Time period.
PRESERVATION AND REINVESTMENT INITIATIVE FOR COMMUNITY
ENHANCEMENT
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State and local
governments.
Native
Americans.
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For competitive grants to preserve and revitalize manufactured
housing and eligible manufactured housing communities (including
pre-1976 mobile homes) under title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5301 et seq.),
$225,000,000, to remain available until September 30, 2027: Provided, That recipients of grants provided with amounts made available under this heading shall be States, units of general local
government, resident-owned manufactured housing communities,
cooperatives, nonprofit entities including consortia of nonprofit entities, community development financial institutions, Indian Tribes
(as such term is defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5157
U.S.C. 4103)), or other entities approved by the Secretary: Provided
further, That the Secretary may reserve an amount for Indian
Tribes within such competition: Provided further, That the Secretary
may approve entities for selection that partner with one or several
residents of such eligible communities or that propose to implement
a grant program that would assist residents of such eligible communities: Provided further, That eligible uses of such grants may
include infrastructure, planning, resident and community services
(including relocation assistance and eviction prevention), resiliency
activities, and providing other assistance to residents or owners
of manufactured homes, which may include providing assistance
for manufactured housing land and site acquisition: Provided further, That, except as determined by the Secretary, participation
in this program shall not encumber the future transfer of title
or use of property by the residents, owners, or communities: Provided further, That when selecting recipients, the Secretary shall
prioritize applications that primarily benefit low- or moderately
low-income residents and preserve long-term housing affordability
for residents of manufactured housing or a manufactured housing
community: Provided further, That eligible manufactured housing
communities may include those that are—
(1) owned by the residents of the manufactured housing
community through a resident-controlled entity, as defined by
the Secretary; or
(2) determined by the Secretary to be subject to binding
agreements that will preserve the community and maintain
affordability on a long-term basis:
Provided further, That, of the amounts made available under this
heading, $25,000,000 shall be for a pilot program for the Secretary
to provide grants to assist in the redevelopment of manufactured
housing communities (including pre-1976 mobile homes) as replacement housing that is affordable, as defined by the Secretary: Provided further, That each such redevelopment project shall provide,
for each unit of single-family manufactured housing (including pre1976 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 buyouts for residents of a manufactured housing community or downpayment assistance for such residents: Provided further, That the
Secretary shall require each grantee under the pilot program to
supplement the amount of the grant with non-Federal amounts
exceeding 50 percent of the grant: Provided further, That resiliency
activities means the reconstruction, repair, or replacement of manufactured housing and manufactured housing communities to protect
the health and safety of manufactured housing residents and to
address weatherization and energy efficiency needs, except that
for pre-1976 mobile homes, funds made available under this heading
may be used only for replacement: Provided further, That the Secretary may waive or specify alternative requirements for any provision of any statute or regulation that the Secretary administers
in connection with the use of amounts made available under this
heading (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a
finding that such waiver or alternative requirement is necessary
to facilitate the use of such amounts.
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Native
Americans.
Determination.
Determination.
Requirement.
Definition.
Waiver authority.
PUBL328
136 STAT. 5158
PUBLIC LAW 117–328—DEC. 29, 2022
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
Deadlines.
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996 (42 U.S.C. 12805 note), and for
related activities and assistance, $62,500,000, to remain available
until September 30, 2025: Provided, That of the sums appropriated
under this heading—
(1) $13,500,000 shall be available for the Self-Help Homeownership Opportunity Program as authorized under such section 11;
(2) $42,000,000 shall be available for the second, third,
and fourth capacity building entities specified in section 4(a)
of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note),
of which not less than $5,000,000 shall be for rural capacity
building activities: Provided, That for purposes of awarding
grants from amounts made available in this paragraph, the
Secretary may enter into multiyear agreements, as appropriate,
subject to the availability of annual appropriations;
(3) $6,000,000 shall be available for capacity building by
national rural housing organizations having experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to local
nonprofit organizations, local governments, and Indian Tribes
serving high need rural communities; and
(4) $1,000,000 shall be available for a program to rehabilitate and modify the homes of disabled or low-income veterans,
as authorized under section 1079 of the Carl Levin and Howard
P. ‘‘Buck’’ McKeon National Defense Authorization Act for
Fiscal Year 2015 (38 U.S.C. 2101 note): Provided, That the
issuance of a Notice of Funding Opportunity for the amounts
made available in this paragraph shall be completed not later
than 120 days after enactment of this Act and such amounts
shall be awarded not later than 180 days after such issuance.
HOMELESS ASSISTANCE GRANTS
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Notification.
Deadline.
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For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), and for related activities
and assistance, $3,633,000,000, to remain available until September
30, 2025: Provided, That of the sums appropriated under this
heading—
(1) $290,000,000 shall be available for the Emergency Solutions Grants program authorized under subtitle B of such title
IV (42 U.S.C. 11371 et seq.): Provided, That the Department
shall notify grantees of their formula allocation from amounts
allocated (which may represent initial or final amounts allocated) for the Emergency Solutions Grant program not later
than 60 days after enactment of this Act;
(2) $3,154,000,000 shall be available for the Continuum
of Care program authorized under subtitle C of such title IV
(42 U.S.C. 11381 et seq.) and the Rural Housing Stability
Assistance programs authorized under subtitle D of such title
IV (42 U.S.C. 11408): Provided, That the Secretary shall
prioritize funding under the Continuum of Care program to
continuums of care that have demonstrated a capacity to reallocate funding from lower performing projects to higher performing projects: Provided further, That the Secretary shall
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That the Secretary may establish by notice
an alternative maximum amount for administrative costs
related to the requirements described in sections 402(f)(1) and
402(f)(2) of subtitle A of such title IV or no more than 5
percent or $50,000, whichever is greater, notwithstanding the
3 percent limitation in section 423(a)(10) of such subtitle C:
Provided further, That of the amounts made available for the
Continuum of Care program under this paragraph, not less
than $52,000,000 shall be for grants for new rapid re-housing
projects and supportive service projects providing coordinated
entry, and for eligible activities that the Secretary determines
to be critical in order to assist survivors of domestic violence,
dating violence, sexual assault, or stalking: Provided further,
That amounts made available for the Continuum of Care program under this paragraph and any remaining unobligated
balances under this heading in prior Acts may be used to
competitively or non-competitively renew or replace grants for
youth homeless demonstration projects under the Continuum
of Care program, notwithstanding any conflict with the requirements of the Continuum of Care program;
(3) $7,000,000 shall be available for the national homeless
data analysis project: Provided, That notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act
of 1977 (31 U.S.C. 6301–6308), the amounts made available
under this paragraph and any remaining unobligated balances
under this heading for such purposes in prior Acts may be
used by the Secretary to enter into cooperative agreements
with such entities as may be determined by the Secretary,
including public and private organizations, agencies, and
institutions;
(4) $107,000,000 shall be available to implement projects
to demonstrate how a comprehensive approach to serving homeless youth, age 24 and under, in up to 25 communities with
a priority for communities with substantial rural populations
in up to eight locations, can dramatically reduce youth
homelessness: Provided, That of the amount made available
under this paragraph, not less than $25,000,000 shall be for
youth homelessness system improvement grants to support
communities, including but not limited to the communities
assisted under the matter preceding this proviso, in establishing
and implementing a response system for youth homelessness,
or for improving their existing system: Provided further, That
of the amount made available under this paragraph, up to
$10,000,000 shall be to provide technical assistance to communities, including but not limited to the communities assisted
in the preceding proviso and the matter preceding such proviso,
on improving system responses to youth homelessness, and
collection, analysis, use, and reporting of data and performance
measures under the comprehensive approaches to serve homeless youth, in addition to and in coordination with other technical assistance funds provided under this title: Provided further, That the Secretary may use up to 10 percent of the
amount made available under the preceding proviso to build
the capacity of current technical assistance providers or to
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Notification.
Determination.
Grants.
Contracts.
Determination.
PUBL328
136 STAT. 5160
Determination.
Grants.
Children, youth,
and families.
Determination.
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Time periods.
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PUBLIC LAW 117–328—DEC. 29, 2022
train new technical assistance providers with verifiable prior
experience with systems and programs for youth experiencing
homelessness; and
(5) $75,000,000 shall be available for one-time awards
under the Continuum of Care program for new construction,
acquisition, or rehabilitation of new permanent supportive
housing, of which not more than 20 percent of such awards
may be used for other Continuum of Care eligible activities
associated with such projects and not more than 10 percent
of such awards may be used for project administration: Provided, That these amounts shall be awarded on a competitive
basis, based on need and other factors to be determined by
the Secretary, including incentives to establish projects that
coordinate with housing providers, healthcare organizations and
social service providers: Provided further, That not less than
$30,000,000 shall be awarded to applicants for projects within
States with populations less than 2,500,000, except that if
such amount is undersubscribed any remaining amounts may
be awarded to qualified applicants for projects in any State:
Provided further, That the grants for ongoing costs associated
with such projects shall be eligible for renewal under the Continuum of Care program subject to the same terms and conditions as other renewal applicants:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a)
or (b) of section 103 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11302) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by
youth aged 24 and under who are living in unsafe situations may
be served by youth-serving providers funded under this heading:
Provided further, That persons eligible under section 103(a)(5) of
the McKinney-Vento Homeless Assistance Act may be served by
any project funded under this heading to provide both transitional
housing and rapid re-housing: Provided further, That for all
matching funds requirements applicable to funds made available
under this heading for this fiscal year and prior fiscal years, a
grantee may use (or could have used) as a source of match funds
other funds administered by the Secretary and other Federal agencies unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That none of
the funds made available under this heading shall be available
to provide funding for new projects, except for projects created
through reallocation, unless the Secretary determines that the continuum of care has demonstrated that projects are evaluated and
ranked based on the degree to which they improve the continuum
of care’s system performance: Provided further, That any unobligated amounts remaining from funds made available under this
heading in fiscal year 2012 and prior years for project-based rental
assistance for rehabilitation projects with 10-year grant terms may
be used for purposes under this heading, notwithstanding the purposes for which such funds were appropriated: Provided further,
That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this
heading in fiscal year 2019 or prior years, except for rental assistance amounts that were recaptured and made available until
expended, shall be available for the current purposes authorized
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5161
under this heading in addition to the purposes for which such
funds originally were appropriated.
HOUSING PROGRAMS
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PROJECT-BASED RENTAL ASSISTANCE
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for,
$13,537,580,000, to remain available until expended, shall be available on October 1, 2022 (in addition to the $400,000,000 previously
appropriated under this heading that became available October
1, 2022), and $400,000,000, to remain available until expended,
shall be available on October 1, 2023: Provided, That the amounts
made available under this heading shall be available for expiring
or terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to
section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this
heading: Provided further, That of the total amounts provided under
this heading, not to exceed $343,000,000 shall be available for
performance-based contract administrators for section 8 projectbased assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That the Secretary may also use such amounts in the preceding
proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z–1(a)); rent
supplement payments pursuant to section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
rental assistance payments (12 U.S.C. 1715z–1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(d)(2)); project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86–372; 73 Stat. 667); and loans under section 202 of the
Housing Act of 1959 (Public Law 86–372; 73 Stat. 667): Provided
further, That amounts recaptured under this heading, the heading
‘‘Annual Contributions for Assisted Housing’’, or the heading
‘‘Housing Certificate Fund’’, may be used for renewals of or amendments to section 8 project-based contracts or for performance-based
contract administrators, notwithstanding the purposes for which
such amounts were appropriated: Provided further, That, notwithstanding any other provision of law, upon the request of the Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assistance Payments contract that authorizes the Department or a
housing finance agency to require that surplus project funds be
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Contracts.
Determination.
PUBL328
136 STAT. 5162
PUBLIC LAW 117–328—DEC. 29, 2022
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
Deadline.
Waiver authority.
Time period.
Determination.
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Waiver authority.
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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 5year term, for senior preservation rental assistance contracts,
including renewals, as authorized by section 811(e) of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C.
1701q note), and for supportive services associated with the housing,
$1,075,000,000 to remain available until September 30, 2026: Provided, That of the amount made available under this heading,
up to $120,000,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted
housing projects: Provided further, That any funding for existing
service coordinators under the preceding proviso shall be provided
within 120 days of enactment of this Act: Provided further, That
amounts made available under this heading shall be available for
Real Estate Assessment Center inspections and inspection-related
activities associated with section 202 projects: Provided further,
That the Secretary may waive the provisions of section 202 governing the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not exceed
5 years in duration: Provided further, That upon request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 202 project rental assistance
contract, and that upon termination of such contract are in excess
of an amount to be determined by the Secretary, shall be remitted
to the Department and deposited in this account, to remain available until September 30, 2026: Provided further, That amounts
deposited in this account pursuant to the preceding proviso shall
be available, in addition to the amounts otherwise provided by
this heading, for the purposes authorized under this heading: Provided further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or appropriated
under this heading shall be available for the current purposes
authorized under this heading in addition to the purposes for which
such funds originally were appropriated: Provided further, That
of the total amount made available under this heading, up to
$25,000,000 shall be used to expand the supply of intergenerational
dwelling units (as such term is defined in section 202 of the Legacy
Act of 2003 (12 U.S.C. 1701q note)) for elderly caregivers raising
children: Provided further, That for the purposes of the preceding
proviso the Secretary may waive, or specify alternative requirements for, any provision of section 202 of the Housing Act of
1959 (12 U.S.C. 1701q) in order to facilitate the development of
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Determination.
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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
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136 STAT. 5164
PUBLIC LAW 117–328—DEC. 29, 2022
of tenancy or homeownership; for program administration; and for
housing counselor training: Provided further, That for purposes
of awarding grants from amounts provided under this heading,
the Secretary may enter into multiyear agreements, as appropriate,
subject to the availability of annual appropriations.
Contracts.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.), up to $14,000,000, to remain available until
expended, of which $14,000,000 shall be derived from the Manufactured Housing Fees Trust Fund (established under section 620(e)
of such Act (42 U.S.C. 5419(e)): Provided, That not to exceed the
total amount appropriated under this heading shall be available
from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt
of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such collections
are received during fiscal year 2023 so as to result in a final
fiscal year 2023 appropriation from the general fund estimated
at zero, and fees pursuant to such section 620 shall be modified
as necessary to ensure such a final fiscal year 2023 appropriation:
Provided further, That for the dispute resolution and installation
programs, the Secretary may assess and collect fees from any program participant: Provided further, That such collections shall be
deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620 of such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of
such Act, the Secretary may carry out responsibilities of the Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Fees.
FEDERAL HOUSING ADMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
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Effective date.
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New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2024:
Provided, That during fiscal year 2023, obligations to make direct
loans to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $1,000,000: Provided
further, That the foregoing amount in the preceding proviso shall
be for loans to nonprofit and governmental entities in connection
with sales of single family real properties owned by the Secretary
and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $150,000,000, to remain available
until September 30, 2024: Provided further, That to the extent
guaranteed loan commitments exceed $200,000,000,000 on or before
April 1, 2023, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000: Provided further, That
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That to the extent that guaranteed loan commitments exceed $155,000,000,000 on or before April 1, 2023, an additional $100 for necessary salaries and expenses shall be available
until expended for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts from
Commitment and Multiclass fees collected pursuant to title III
of the National Housing Act (12 U.S.C. 1716 et seq.) shall be
credited as offsetting collections to this account.
POLICY DEVELOPMENT
AND
Effective date.
Fees.
RESEARCH
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RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.),
including carrying out the functions of the Secretary of Housing
and Urban Development under section 1(a)(1)(i) of Reorganization
Plan No. 2 of 1968, and for technical assistance, $125,400,000,
to remain available until September 30, 2024: Provided, That with
respect to amounts made available under this heading, notwithstanding section 203 of this title, the Secretary may enter into
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Contracts.
PUBL328
136 STAT. 5166
Matching
contribution.
Compliance.
Plan.
Allocation.
Deadline.
Urban and rural
areas.
PUBLIC LAW 117–328—DEC. 29, 2022
cooperative agreements with philanthropic entities, other Federal
agencies, State or local governments and their agencies, Indian
Tribes, tribally designated housing entities, or colleges or universities for research projects: Provided further, That with respect
to the preceding proviso, such partners to the cooperative agreements shall contribute at least a 50 percent match toward the
cost of the project: Provided further, That for non-competitive agreements entered into in accordance with the preceding two provisos,
the Secretary shall comply with section 2(b) of the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109–
282, 31 U.S.C. note) in lieu of compliance with section 102(a)(4)(C)
of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation
of award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan
to the House and Senate Committees on Appropriations on how
the Secretary will allocate funding for this activity at least 30
days prior to obligation: Provided further, That none of the funds
provided under this heading may be available for the doctoral
dissertation research grant program: Provided further, That an
additional $20,000,000, to remain available until September 30,
2025, shall be for competitive grants to nonprofit or governmental
entities to provide legal assistance (including assistance related
to pretrial activities, trial activities, post-trial activities and alternative dispute resolution) at no cost to eligible low-income tenants
at risk of or subject to eviction: Provided further, That in awarding
grants under the preceding proviso, the Secretary shall give preference to applicants that include a marketing strategy for residents
of areas with high rates of eviction, have experience providing
no-cost legal assistance to low-income individuals, including those
with limited English proficiency or disabilities, and have sufficient
capacity to administer such assistance: Provided further, That the
Secretary shall ensure, to the extent practicable, that the proportion
of eligible tenants living in rural areas who will receive legal
assistance with grant funds made available under this heading
is not less than the overall proportion of eligible tenants who
live in rural areas.
FAIR HOUSING
AND
EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
Fees.
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Lobbying.
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For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of
1968 (42 U.S.C. 3601 et seq.), and section 561 of the Housing
and Community Development Act of 1987 (42 U.S.C. 3616a),
$86,355,000, to remain available until September 30, 2024: Provided, That notwithstanding section 3302 of title 31, United States
Code, the Secretary may assess and collect fees to cover the costs
of the Fair Housing Training Academy, and may use such funds
to develop on-line courses and provide such training: Provided further, That none of the funds made available under this heading
may be used to lobby the executive or legislative branches of the
Federal Government in connection with a specific contract, grant,
or loan: Provided further, That of the funds made available under
this heading, $1,355,000 shall be available to the Secretary for
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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 housingrelated 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 nonprofit organizations, States, local governments, or public
housing agencies for safety and functional home modification repairs and renovations to meet the needs of lowincome 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;
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136 STAT. 5168
Certification.
Notice.
PUBLIC LAW 117–328—DEC. 29, 2022
(5) $25,000,000 shall be for a lead-risk assessment demonstration for public housing agencies to conduct lead hazard
screenings or lead-risk assessments during housing quality
standards inspections of units in which a family receiving
assistance under section 8(o) of the U.S. Housing Act of 1937
(42 U.S.C. 1437f(o)) resides or expects to reside, and has or
expects to have a child under age 6 residing in the unit,
while preserving rental housing availability and affordability;
and
(6) $5,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon demonstration) in public housing: Provided, That the testing method,
mitigation method, or action level used under the radon demonstration shall be as specified by applicable State or local
law, if such law is more protective of human health or the
environment than the method or level specified by the Secretary:
Provided further, That for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other provisions of law that further the purposes
of such Act, a grant under the Healthy Homes Initiative, or the
Lead Technical Studies program, or other demonstrations or programs under this heading or under prior appropriations Acts for
such purposes under this heading, or under the heading ‘‘Housing
for the Elderly’’ under prior Appropriations Acts, shall be considered
to be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That each applicant for a grant or cooperative agreement under this heading shall certify adequate capacity
that is acceptable to the Secretary to carry out the proposed use
of funds pursuant to a notice of funding opportunity: Provided
further, That amounts made available under this heading, except
for amounts in paragraph (2)(B) for home modification repairs and
renovations, in this or prior appropriations Acts, still remaining
available, may be used for any purpose under this heading notwithstanding the purpose for which such amounts were appropriated
if a program competition is undersubscribed and there are other
program competitions under this heading that are oversubscribed.
INFORMATION TECHNOLOGY FUND
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Plan.
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For Department-wide and program-specific information technology systems and infrastructure, $374,750,000, to remain available until September 30, 2025, of which up to $23,950,000 shall
be for development, modernization, and enhancement projects,
including planning for such projects: Provided, That not more than
10 percent of the funds made available under this heading for
development, modernization, and enhancement may be obligated
until the Secretary submits and the House and Senate Committees
on Appropriations approve a plan that—
(1) identifies for each development, modernization, and
enhancement project to be funded from available balances,
including carryover—
(A) plain language summaries of the project scope;
(B) the estimated total project cost; and
(C) key milestones to be met; and
(2) identifies for each major modernization project—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) certification from the Chief Information Officer that
each project is compliant with the Department’s enterprise
architecture, life-cycle management and capital planning
and investment control requirements:
Provided further, That not later than 30 days after the end of
each quarter, the Secretary shall submit an updated report to
the Committees on Appropriations of the House of Representatives
and the Senate summarizing the status, cost and plan for all
modernization projects; and for each major modernization project
with an approved project plan, identifying—
(1) results and actual expenditures of the prior quarter;
(2) any variances in cost, schedule (including procurement),
or functionality from the previously approved project plan, reasons for such variances and estimated impact on total lifecycle costs; and
(3) risks and mitigation strategies associated with ongoing
work.
OFFICE
OF INSPECTOR
Certification.
Reports.
Summaries.
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
DEVELOPMENT
AND
URBAN
(INCLUDING TRANSFER OF FUNDS)
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(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.
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136 STAT. 5170
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Reports.
Budget.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 202. None of the funds made available by this Act may
be used during fiscal year 2023 to investigate or prosecute under
the Fair Housing Act any otherwise lawful activity engaged in
by one or more persons, including the filing or maintaining of
a nonfrivolous legal action, that is engaged in solely for the purpose
of achieving or preventing action by a Government official or entity,
or a court of competent jurisdiction.
SEC. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title
II of this Act shall be made on a competitive basis and in accordance
with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
SEC. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1).
SEC. 205. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
SEC. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
such Act as may be necessary in carrying out the programs set
forth in the budget for 2023 for such corporation or agency except
as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United
States Government.
SEC. 207. The Secretary shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all
uncommitted, unobligated, recaptured and excess funds in each
program and activity within the jurisdiction of the Department
and shall submit additional, updated budget information to these
Committees upon request.
SEC. 208. None of the funds made available by this title may
be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5171
SEC. 209. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years
2023 and 2024, the Secretary of Housing and Urban Development
may authorize the transfer of some or all project-based assistance,
debt held or insured by the Secretary and statutorily required
low-income and very low-income use restrictions if any, associated
with one or more multifamily housing project or projects to another
multifamily housing project or projects.
(b) PHASED TRANSFERS.—Transfers of project-based assistance
under this section may be done in phases to accommodate the
financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards
under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) NUMBER AND BEDROOM SIZE OF UNITS.—
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to
the receiving project or projects and the net dollar amount
of Federal assistance provided to the transferring project
shall remain the same in the receiving project or projects.
(B) For unoccupied units in the transferring project:
The Secretary may authorize a reduction in the number
of dwelling units in the receiving project or projects to
allow for a reconfiguration of bedroom sizes to meet current
market demands, as determined by the Secretary and provided there is no increase in the project-based assistance
budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable, or be reasonably expected to become economically nonviable when complying with State or Federal requirements
for community integration and reduced concentration of individuals with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the receiving
project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such
project by the Secretary, except that the Secretary may waive
this requirement upon determination that such a waiver is
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Time period.
Determination.
Determination.
Standards.
Notification.
Consultation.
Certification.
Determination.
Waiver authority.
Determination.
PUBL328
136 STAT. 5172
necessary to facilitate the financing of acquisition, construction,
and/or rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation
of the existing use agreement or a new use agreement for
the project where, in either case, any use restrictions in such
agreement are of no lesser duration than the existing use
restrictions.
(9) The transfer does not increase the cost (as defined
in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a)) of any FHA-insured mortgage, except to the
extent that appropriations are provided in advance for the
amount of any such increased cost.
(d) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ‘‘multifamily housing project’’ means housing
that meets one of the following conditions—
(A) housing that is subject to a mortgage insured under
the National Housing Act;
(B) housing that has project-based assistance attached
to the structure including projects undergoing mark to
market debt restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section
existed before the enactment of the Cranston-Gonzales
National Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42
U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ‘‘project-based assistance’’ means—
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s);
(D) interest reduction payments under section 236 and/
or additional assistance payments under section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z–1);
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013(d)(2));
Records.
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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 lowincome 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 projectbased assistance, debt, and the statutorily required low-income
and very low-income use restrictions to the receiving project
or projects; and
(6) the term ‘‘Secretary’’ means the Secretary of Housing
and Urban Development.
(e) RESEARCH REPORT.—The Secretary shall conduct an evaluation of the transfer authority under this section, including the
effect of such transfers on the operational efficiency, contract rents,
physical and financial conditions, and long-term preservation of
the affected properties.
SEC. 210. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who—
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance
under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess
of amounts received for tuition and any other required fees and
charges) that an individual receives under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
from an institution of higher education (as defined under section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), shall
be considered income to that individual, except for a person over
the age of 23 with dependent children.
SEC. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ‘‘Native American Programs’’ in
title II of this Act shall be allocated to the same Native Alaskan
housing block grant recipients that received funds in fiscal year
2005, and only such recipients shall be eligible to apply for funds
made available under paragraph (2) of such heading.
SEC. 212. Notwithstanding any other provision of law, in fiscal
year 2023, in managing and disposing of any multifamily property
that is owned or has a mortgage held by the Secretary of Housing
and Urban Development, and during the process of foreclosure
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Determination.
Allocation.
Eligibility.
PUBL328
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Determination.
Contracts.
Contracts.
Notification.
42 USC 1437g
note.
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PUBLIC LAW 117–328—DEC. 29, 2022
on any property with a contract for rental assistance payments
under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) or any other Federal programs, the Secretary shall
maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are
attached to any dwelling units in the property. To the extent
the Secretary determines, in consultation with the tenants and
the local government that such a multifamily property owned or
having a mortgage held by the Secretary is not feasible for continued
rental assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local
resources, including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997
(in this section ‘‘MAHRAA’’) (42 U.S.C. 1437f note), and (2) environmental conditions that cannot be remedied in a cost-effective
fashion, the Secretary may, in consultation with the tenants of
that property, contract for project-based rental assistance payments
with an owner or owners of other existing housing properties,
or provide other rental assistance. The Secretary shall also take
appropriate steps to ensure that project-based contracts remain
in effect prior to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for imminent
major threats to health and safety after written notice to and
informed consent of the affected tenants and use of other available
remedies, such as partial abatements or receivership. After disposition of any multifamily property described in this section, the contract and allowable rent levels on such properties shall be subject
to the requirements under section 524 of MAHRAA.
SEC. 213. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary in connection with the operating fund rule: Provided, That an agency seeking
a discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management requirements.
SEC. 214. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital improvement,
and management of public housing as authorized by sections 9(d)
and 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d),(e)), the Secretary shall not impose any requirement or
guideline relating to asset management that restricts or limits
in any way the use of capital funds for central office costs pursuant
to paragraph (1) or (2) of section 9(g) of the United States Housing
Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under section
9(d) for activities that are eligible under section 9(e) for assistance
with amounts from the operating fund in excess of the amounts
permitted under paragraph (1) or (2) of section 9(g).
SEC. 215. No official or employee of the Department of Housing
and Urban Development shall be designated as an allotment holder
unless the Office of the Chief Financial Officer has determined
that such allotment holder has implemented an adequate system
of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that
there is a trained allotment holder for each HUD appropriation
under the accounts ‘‘Executive Offices’’, ‘‘Administrative Support
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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. The Secretary shall, for fiscal year 2023, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of assistance or notice of funding opportunity (NOFO) for any program
or discretionary fund administered by the Secretary that is to
be competitively awarded. Notwithstanding any other provision of
law, for fiscal year 2023, the Secretary may make the NOFO available only on the Internet at the appropriate Government website
or through other electronic media, as determined by the Secretary.
SEC. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of
General Counsel salaries and expenses appropriations.
SEC. 218. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds appropriated
for any office under the headings ‘‘Administrative Support Offices’’
or ‘‘Program Offices’’ to any other such office under such headings:
Provided, That no appropriation for any such office under such
headings shall be increased or decreased by more than 10 percent
or $5,000,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations: Provided
further, That the Secretary shall provide notification to such
Committees 3 business days in advance of any such transfers under
this section up to 10 percent or $5,000,000, whichever is less.
SEC. 219. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined
by the Secretary, and comply with any standards under applicable
State or local laws, rules, ordinances, or regulations relating to
the physical condition of any property covered under a housing
assistance payment contract.
(b) The Secretary shall take action under subsection (c) when
a multifamily housing project with a contract under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) or a
contract for similar project-based assistance—
(1) receives a Uniform Physical Condition Standards
(UPCS) score of 59 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f), but
shall not apply to such units assisted under section 8(o)(13) of
such Act (42 U.S.C. 1437f(o)(13)) or to public housing units assisted
with capital or operating funds under section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate Assessment Center (‘‘REAC’’) inspection, the Secretary shall provide the
owner with a Notice of Default with a specified timetable, determined by the Secretary, for correcting all deficiencies. The Secretary
shall provide a copy of the Notice of Default to the tenants, the
local government, any mortgagees, and any contract administrator.
If the owner’s appeal results in a UPCS score of 60 or above,
the Secretary may withdraw the Notice of Default.
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Notification.
Public
information.
Federal Register,
publication.
Notices.
42 USC 3545a
note.
Web posting.
Determination.
Advance
approval.
Notification.
Deadline.
Determination.
Compliance.
Certification.
Deadline.
Requirements.
Applicability.
Deadline.
Notice.
Timetable.
Determination.
Records.
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136 STAT. 5176
Requirement.
Penalties.
Determination.
Contracts.
Notification.
Determination.
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(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may—
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty;
(C) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies
have been corrected;
(D) pursue transfer of the project to an owner, approved
by the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions
or debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party
to stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to effectuate; or
(I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise
of contractual abatement remedies to assist relocation of tenants
for major threats to health and safety after written notice to the
affected tenants. To the extent the Secretary determines, in consultation with the tenants and the local government, that the
property is not feasible for continued rental assistance payments
under such section 8 or other programs, based on consideration
of—
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (‘‘MAHRAA’’);
and
(2) environmental conditions that cannot be remedied in
a cost-effective fashion, the Secretary may contract for projectbased rental assistance payments with an owner or owners
of other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report semi-annually on all properties
covered by this section that are assessed through the Real Estate
Assessment Center and have UPCS physical inspection scores of
less than 60 or have received an unsatisfactory management and
occupancy review within the past 36 months. The report shall
include—
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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) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the
enactment of this Act, and the second report shall be submitted
within 180 days of the transmittal of the first report.
SEC. 220. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only with
respect to the tenant-based rental assistance program) and section
9 of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.), may be used by any public housing agency for any amount
of salary, including bonuses, for the chief executive officer of which,
or any other official or employee of which, that exceeds the annual
rate of basic pay payable for a position at level IV of the Executive
Schedule at any time during any public housing agency fiscal year
2023.
SEC. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development
may be used to make a grant award unless the Secretary notifies
the House and Senate Committees on Appropriations not less than
3 full business days before any project, State, locality, housing
authority, Tribe, nonprofit organization, or other entity selected
to receive a grant award is announced by the Department or its
offices: Provided, That such notification shall list each grant award
by State and congressional district.
SEC. 222. None of the funds made available in this Act shall
be used by the Federal Housing Administration, the Government
National Mortgage Association, or the Department of Housing and
Urban Development to insure, securitize, or establish a Federal
guarantee of any mortgage or mortgage backed security that
refinances or otherwise replaces a mortgage that has been subject
to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State.
SEC. 223. None of the funds made available by this Act may
be used to terminate the status of a unit of general local government
as a metropolitan city (as defined in section 102 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302)) with
respect to grants under section 106 of such Act (42 U.S.C. 5306).
SEC. 224. Amounts made available by this Act that are appropriated, allocated, advanced on a reimbursable basis, or transferred
to the Office of Policy Development and Research of the Department
of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and that are unexpended at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent
fiscal year for the research, evaluation, or statistical purposes for
which the amounts are made available to that Office subject to
reprogramming requirements in section 405 of this Act.
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Grants.
Notification.
Deadline.
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SEC. 225. None of the funds provided in this Act or any other
Act may be used for awards, including performance, special act,
or spot, for any employee of the Department of Housing and Urban
Development subject to administrative discipline (including suspension from work), in this fiscal year, but this prohibition shall not
be effective prior to the effective date of any such administrative
discipline or after any final decision over-turning such discipline.
SEC. 226. With respect to grant amounts awarded under the
heading ‘‘Homeless Assistance Grants’’ for fiscal years 2015 through
2023 for the Continuum of Care (CoC) program as authorized
under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, costs paid by program income of grant recipients may
count toward meeting the recipient’s matching requirements, provided the costs are eligible CoC costs that supplement the recipient’s
CoC program.
SEC. 227. (a) From amounts made available under this title
under the heading ‘‘Homeless Assistance Grants’’, the Secretary
may award 1-year transition grants to recipients of funds for activities under subtitle C of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11381 et seq.) to transition from one Continuum
of Care program component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the continuum of care
and meet standards determined by the Secretary.
SEC. 228. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations,
made by the Secretary in prior fiscal years, shall remain in effect
in accordance with the terms and conditions of such agreements.
SEC. 229. None of the amounts made available in this Act
may be used to consider Family Self-Sufficiency performance measures or performance scores in determining funding awards for programs receiving Family Self-Sufficiency program coordinator
funding provided in this Act.
SEC. 230. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of division L of Public
Law 114–113 (42 U.S.C. 1437f note; 129 Stat. 2897) may, upon
such designation, use funds (except for special purpose funding,
including special purpose vouchers) previously allocated to any such
public housing agency under section 8 or 9 of the United States
Housing Act of 1937, including any reserve funds held by the
public housing agency or funds held by the Department of Housing
and Urban Development, pursuant to the authority for use of section
8 or 9 funding provided under such section and section 204 of
title II of the Departments of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations Act,
1996 (Public Law 104–134; 110 Stat. 1321–28), notwithstanding
the purposes for which such funds were appropriated.
SEC. 231. None of the amounts made available by this Act
may be used to prohibit any public housing agency under receivership or the direction of a Federal monitor from applying for,
receiving, or using funds made available under the heading ‘‘Public
Housing Fund’’ for competitive grants to evaluate and reduce leadbased 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
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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. Funds previously made available in the Consolidated
Appropriations Act, 2016 (Public Law 114–113) for the ‘‘Choice
Neighborhoods Initiative’’ that were available for obligation through
fiscal year 2018 are to remain available through fiscal year 2024
for the liquidation of valid obligations incurred in fiscal years 2016
through 2018.
SEC. 234. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development
to direct a grantee to undertake specific changes to existing zoning
laws as part of carrying out the final rule entitled ‘‘Affirmatively
Furthering Fair Housing’’ (80 Fed. Reg. 42272 (July 16, 2015))
or the notice entitled ‘‘Affirmatively Furthering Fair Housing
Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 2014)).
SEC. 235. For fiscal year 2023, if the Secretary determines
or has determined, for any prior formula grant allocation administered by the Secretary through the Offices of Public and Indian
Housing, Community Planning and Development, or Housing, that
a recipient received an allocation greater than the amount such
recipient should have received for a formula allocation cycle pursuant to applicable statutes and regulations, the Secretary may adjust
for any such funding error in the next applicable formula allocation
cycle by (a) offsetting each such recipient’s formula allocation (if
eligible for a formula allocation in the next applicable formula
allocation cycle) by the amount of any such funding error, and
(b) reallocating any available balances that are attributable to
the offset to the recipient or recipients that would have been allocated additional funds in the formula allocation cycle in which
any such error occurred (if such recipient or recipients are eligible
for a formula allocation in the next applicable formula allocation
cycle) in an amount proportionate to such recipient’s eligibility
under the next applicable formula allocation cycle: Provided, That
all offsets and reallocations from such available balances shall
be recorded against funds available for the next applicable formula
allocation cycle: Provided further, That the term ‘‘next applicable
formula allocation cycle’’ means the first formula allocation cycle
for a program that is reasonably available for correction following
such a Secretarial determination: Provided further, That if, upon
request by a recipient and giving consideration to all Federal
resources available to the recipient for the same grant purposes,
the Secretary determines that the offset in the next applicable
formula allocation cycle would critically impair the recipient’s ability
to accomplish the purpose of the formula grant, the Secretary
may adjust for the funding error across two or more formula allocation cycles.
SEC. 236. The Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended—
(a) in section 515, by adding at the end the following new
subsection:
‘‘(d) RENT ADJUSTMENTS AND SUBSEQUENT RENEWALS.—After
the initial renewal of a section 8 contract pursuant to this section
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Determination.
Allocation.
Records.
Definition.
Determination.
Contracts.
Time periods.
PUBL328
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and notwithstanding any other provision of law or contract
regarding the adjustment of rents or subsequent renewal of such
contract for a project, including such a provision in section 514
or this section, in the case of a project subject to any restrictions
imposed pursuant to sections 514 or this section, the Secretary
may, not more often than once every 10 years, adjust such rents
or renew such contracts at rent levels that are equal to the lesser
of budget-based rents or comparable market rents for the market
area upon the request of an owner or purchaser who—
‘‘(1) demonstrates that—
‘‘(A) project income is insufficient to operate and maintain the project, and no rehabilitation is currently needed,
as determined by the Secretary; or
‘‘(B) the rent adjustment or renewal contract is necessary to support commercially reasonable financing
(including any required debt service coverage and replacement reserve) for rehabilitation necessary to ensure the
long-term sustainability of the project, as determined by
the Secretary, and in the event the owner or purchaser
fails to implement the rehabilitation as required by the
Secretary, the Secretary may take such action against the
owner or purchaser as allowed by law; and
‘‘(2) agrees to—
‘‘(A) extend the affordability and use restrictions
required under 514(e)(6) for an additional twenty years;
and
‘‘(B) enter into a binding commitment to continue to
renew such contract for and during such extended term,
provided that after the affordability and use restrictions
required under 514(e)(6) have been maintained for a term
of 30 years:
‘‘(i) an owner with a contract for which rent levels
were set at the time of its initial renewal under section
514(g)(2) shall request that the Secretary renew such
contract under section 524 for and during such
extended term; and
‘‘(ii) an owner with a contract for which rent levels
were set at the time of its initial renewal under section
514(g)(1) may request that the Secretary renew such
contract under section 524 for and during such
extended term.’’; and
(b) in section 579, by striking ‘‘October 1, 2022’’ each place
it appears and inserting in lieu thereof ‘‘October 1, 2027’’.
SEC. 237. The Secretary may transfer from amounts made
available for salaries and expenses under this title (excluding
amounts made available under the heading ‘‘Office of Inspector
General’’) up to $500,000 from each office to the heading ‘‘Information Technology Fund’’ for information technology needs, including
for additional development, modernization, and enhancement, to
remain available until September 30, 2025: Provided, That the
total amount of such transfers shall not exceed $5,000,000: Provided
further, That this transfer authority shall not be used to fund
information technology projects or activities that have known outyear development, modernization, or enhancement costs in excess
of $500,000: Provided further, That the Secretary shall provide
notification to the House and Senate Committees on Appropriations
no less than three business days in advance of any such transfer.
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PUBLIC LAW 117–328—DEC. 29, 2022
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. 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’’.
Compliance.
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
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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
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136 STAT. 5182
Contracts.
Budget request.
PUBLIC LAW 117–328—DEC. 29, 2022
Code, by any person or entity that is subject to regulation by
the National Railroad Passenger Corporation: Provided further,
That the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other services with
public agencies and with private persons, subject to the applicable
laws and regulations that govern the obtaining of such services
within the National Railroad Passenger Corporation: Provided further, That the Inspector General may select, appoint, and employ
such officers and employees as may be necessary for carrying out
the functions, powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment within the National Railroad Passenger Corporation: Provided further, That concurrent with
the President’s budget request for fiscal year 2024, the Inspector
General shall submit to the House and Senate Committees on
Appropriations a budget request for fiscal year 2024 in similar
format and substance to budget requests submitted by executive
agencies of the Federal Government.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for a GS–15; uniforms, or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code, $129,300,000, of which not to exceed $2,000 may
be used for official reception and representation expenses: Provided,
That the amounts made available to the National Transportation
Safety Board in this Act include amounts necessary to make lease
payments on an obligation incurred in fiscal year 2001 for a capital
lease.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $166,000,000: Provided, That an additional $4,000,000, to
remain available until September 30, 2026, shall be for the promotion and development of shared equity housing models.
SURFACE TRANSPORTATION BOARD
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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GENERAL PROVISIONS—THIS ACT
SEC. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
SEC. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
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Contracts.
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136 STAT. 5184
Advance
approval.
Reports.
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Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), whichever is
more detailed, unless prior approval is received from the House
and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of enactment
of this Act, each agency funded by this Act shall submit a report
to the Committees on Appropriations of the Senate and of the
House of Representatives to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include—
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level;
(B) a delineation in the table for each appropriation
and its respective prior year enacted level by object class
and program, project, and activity as detailed in this Act,
the table accompanying the explanatory statement
described in section 4 (in the matter preceding division
A of this consolidated Act), accompanying reports of the
House and Senate Committee on Appropriations, or in the
budget appendix for the respective appropriations, whichever is more detailed, and shall apply to all items for
which a dollar amount is specified and to all programs
for which new budget (obligational) authority is provided,
as well as to discretionary grants and discretionary grant
allocations; and
(C) an identification of items of special congressional
interest.
SEC. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2023 from appropriations made available
for salaries and expenses for fiscal year 2023 in this Act, shall
remain available through September 30, 2024, for each such account
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5185
for the purposes authorized: Provided, That a request shall be
submitted to the House and Senate Committees on Appropriations
for approval prior to the expenditure of such funds: Provided further,
That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act.
SEC. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use
of funds for mass transit, railroad, airport, seaport or highway
projects, as well as utility projects which benefit or serve the general
public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures
designated for use by the general public or which have other
common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to
public health and safety or brownfields as defined in the Small
Business Liability Relief and Brownfields Revitalization Act (Public
Law 107–118) shall be considered a public use for purposes of
eminent domain.
SEC. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 409. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 8301–8305, popularly known
as the ‘‘Buy American Act’’).
SEC. 410. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 8301–8305).
SEC. 411. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention of
sections 301–10.122 and 301–10.123 of title 41, Code of Federal
Regulations.
SEC. 412. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of a single agency or department of the United States
Government, who are stationed in the United States, at any single
international conference unless the relevant Secretary reports to
the House and Senate Committees on Appropriations at least 5
days in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the term ‘‘international conference’’ shall mean a conference occurring outside of
the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or nongovernmental organizations.
SEC. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount
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Advance
approval.
Expenditure
requests.
Compliance.
Eminent domain.
Compliance.
Reports.
Definition.
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136 STAT. 5186
Pornography.
Records.
Reports.
Compliance.
Contracts.
Determination.
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Deadlines.
Time period.
Certification.
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PUBLIC LAW 117–328—DEC. 29, 2022
authorized for district court civil suit filing fees under section
1914 of title 28, United States Code.
SEC. 414. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 415. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other materials
available to the department or agency over which that Inspector
General has responsibilities under the Inspector General Act of
1978 (5 U.S.C. App.), or to prevent or impede that Inspector General’s access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the Inspector
General’s right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents,
and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided
by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report
to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply
with this requirement.
SEC. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees
for contractors whose performance has been judged to be below
satisfactory, behind schedule, over budget, or has failed to meet
the basic requirements of a contract, unless the Agency determines
that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall
scope of the project and/or program unless such awards or incentive
fees are consistent with 16.401(e)(2) of the Federal Acquisition
Regulations.
SEC. 417. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his or her period of active military
or naval service, and has within 90 days after his or her release
from such service or from hospitalization continuing after discharge
for a period of not more than 1 year, made application for restoration
to his or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the duties
of his or her former position and has not been restored thereto.
SEC. 418. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code, or
exemption application under section 40109 of that title of an air
carrier already holding an air operators certificate issued by a
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PUBLIC LAW 117–328—DEC. 29, 2022
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. (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’’;
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136 STAT. 5188
PUBLIC LAW 117–328—DEC. 29, 2022
(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’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5189
DIVISION M—ADDITIONAL UKRAINE SUPPLEMENTAL
APPROPRIATIONS ACT, 2023
TITLE I
Additional
Ukraine
Supplemental
Appropriations
Act, 2023.
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.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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(INCLUDING TRANSFER OF FUNDS)
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For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $21,160,737,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for
related expenses: Provided, That of the total amount provided under
this heading in this Act, $9,000,000,000, to remain available until
September 30, 2024, shall be for the Ukraine Security Assistance
Initiative: Provided further, That such funds for the Ukraine Security Assistance Initiative shall be available to the Secretary of
Defense under the same terms and conditions as are provided
for in section 8110 of the Department of Defense Appropriations
Act, 2023: Provided further, That the Secretary of Defense may
accept and retain contributions, including money, personal property,
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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, That the
Secretary of Defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any
contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided further,
That contributions of money for the purposes provided herein from
any foreign government or other entity may be credited to this
account, to remain available until September 30, 2024, and used
for such purposes: Provided further, That of the total amount provided under this heading in this Act, up to $11,880,000,000, to
remain available until September 30, 2024, may be transferred
to accounts under the headings ‘‘Operation and Maintenance’’ and
‘‘Procurement’’ for replacement of defense articles from the stocks
of the Department of Defense, and for reimbursement for defense
services of the Department of Defense and military education and
training, provided to the Government of Ukraine or to foreign
countries that have provided support to Ukraine at the request
of the United States: Provided further, That funds transferred
pursuant to the preceding proviso shall be merged with and available for the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided further,
That the Secretary of Defense shall notify the congressional defense
committees of the details of such transfers not less than 15 days
before any such transfer: Provided further, That upon a determination that all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such amounts
may be transferred back and merged with this appropriation: Provided further, That the transfer authority provided herein is in
addition to any other transfer authority provided by law.
Notification.
Notification.
Deadline.
Determination.
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.
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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.
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136 STAT. 5192
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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. Not later than 45 days after the date of enactment
of this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall submit a report to the Committees on
Appropriations, Armed Services, and Foreign Affairs of the House
of Representatives and the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate on measures being
taken to account for United States defense articles designated for
Ukraine since the February 24, 2022, Russian invasion of Ukraine,
particularly measures with regard to such articles that require
enhanced end-use monitoring; measures to ensure that such articles
reach their intended recipients and are used for their intended
purposes; and any other measures to promote accountability for
the use of such articles: Provided, That such report shall include
a description of any occurrences of articles not reaching their
intended recipients or used for their intended purposes and a
description of any remedies taken: Provided further, That such
report shall be submitted in unclassified form, but may be accompanied by a classified annex.
SEC. 1202. Not later than 30 days after the date of enactment
of this Act, and every 30 days thereafter through fiscal year 2024,
the Secretary of Defense, in coordination with the Secretary of
State, shall provide a written report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of
Representatives and the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate describing United
States security assistance provided to Ukraine since the February
24, 2022, Russian invasion of Ukraine, including a comprehensive
list of the defense articles and services provided to Ukraine and
the associated authority and funding used to provide such articles
and services: Provided, That such report shall be submitted in
unclassified form, but may be accompanied by a classified annex.
Reports.
Reports.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
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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
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136 STAT. 5194
PUBLIC LAW 117–328—DEC. 29, 2022
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
42 USC 6241
note.
42 USC 6241
note.
42 USC 6241
note.
SEC. 1301. (a) Of the unobligated balances from amounts deposited in the SPR Petroleum Account pursuant to section 167(b)(3)
of the Energy Policy and Conservation Act (42 U.S.C. 6247(b)(3)),
$10,395,000,000 is hereby permanently rescinded not later than
September 30, 2023.
(b) Section 403(a) of the Bipartisan Budget Act of 2015 (Public
Law 114–74) is amended by adding ‘‘and’’ after the semicolon in
paragraph (5), striking the semicolon in paragraph (6) and inserting
a period, and striking paragraphs (7) and (8).
(c) Section 32204(a)(1) of the FAST Act (Public Law 114–94)
is amended by adding ‘‘and’’ after the semicolon in subparagraph
(A), striking the semicolon in subparagraph (B) and inserting a
period, and striking subparagraphs (C) and (D).
(d) Section 30204(a)(1) of the Bipartisan Budget Act of 2018
(Public Law 115–123) is amended by striking the word ‘‘Reserve’’
and everything that follows and adding the following: ‘‘Reserve
30,000,000 barrels of crude oil during the period of fiscal years
2022 through 2027.’’.
TITLE IV
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
NATIONAL SECURITY COUNCIL
AND
HOMELAND SECURITY COUNCIL
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 amended by striking ‘‘September 30, 2022’’ and
inserting ‘‘September 30, 2023’’.
8 USC 1101 note.
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
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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
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136 STAT. 5196
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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.
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136 STAT. 5198
PUBLIC LAW 117–328—DEC. 29, 2022
GENERAL PROVISIONS—THIS TITLE
(INCLUDING TRANSFERS OF FUNDS)
Applicability.
Applicability.
Applicability.
Consultation.
Notification.
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Determination.
Reimbursement.
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SEC. 1701. During fiscal year 2023, section 506(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be
applied by substituting ‘‘$14,500,000,000’’ for ‘‘$100,000,000’’.
SEC. 1702. During fiscal year 2023, section 506(a)(2)(B) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) shall be
applied by substituting ‘‘$400,000,000’’ for ‘‘$200,000,000’’ and by
substituting ‘‘$150,000,000’’ for ‘‘$75,000,000’’ in clause (i).
SEC. 1703. During fiscal year 2023, section 552(c)(2) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)) shall be
applied by substituting ‘‘$50,000,000’’ for ‘‘$25,000,000’’.
SEC. 1704. (a) Funds appropriated by this title under the
heading ‘‘Diplomatic Programs’’ may be transferred to, and merged
with, funds available under the heading ‘‘Capital Investment Fund’’
to respond to the situation in Ukraine and in countries impacted
by the situation in Ukraine.
(b) Funds appropriated by this title under the headings ‘‘International Disaster Assistance’’ and ‘‘Migration and Refugee Assistance’’ may be transferred to, and merged with, funds appropriated
by this title under such headings to respond to humanitarian needs
in Ukraine and in countries impacted by the situation in Ukraine
and for assistance for other vulnerable populations and communities.
(c) Funds appropriated by this title under the heading ‘‘Economic Support Fund’’ may be transferred to, and merged with,
funds available under the headings ‘‘United States International
Development Finance Corporation—Corporate Capital Account’’,
‘‘United States International Development Finance Corporation—
Program Account’’, ‘‘Export-Import Bank of the United States—
Program Account’’, and ‘‘Trade and Development Agency’’ to respond
to the situation in Ukraine and in countries impacted by the situation in Ukraine.
(d) Funds appropriated by this title under the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, and ‘‘Foreign Military Financing Program’’ may be transferred to, and
merged with, funds appropriated by this title under such headings
to respond to the situation in Ukraine and in countries impacted
by the situation in Ukraine.
(e) The transfer authorities provided by this section are in
addition to any other transfer authority provided by law.
(f) The exercise of the transfer authorities provided by this
section shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(g) Upon a determination that all or part of the funds transferred pursuant to the authorities provided by this section are
not necessary for such purposes, such amounts may be transferred
back to such appropriations.
SEC. 1705. (a) Funds appropriated by this title may be made
available for direct financial support for the Government of Ukraine,
including for Ukrainian first responders, and may be made available
as a cash transfer subject to the requirements of subsection (b):
Provided, That such funds shall be provided on a reimbursable
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PUBLIC LAW 117–328—DEC. 29, 2022
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, That at
least 15 days prior to the initial obligation of such funds, the
Secretary of State, following consultation with the Administrator
of the United States Agency for International Development, shall
certify and report to the appropriate congressional committees that
mechanisms for monitoring and oversight of such funds are in
place and functioning and that the Government of Ukraine has
in place substantial safeguards to prevent corruption and ensure
accountability of such funds: Provided further, That not less than
45 days after the initial obligation of such funds, the Inspectors
General of the Department of State and the United States Agency
for International Development shall submit a report to the appropriate congressional committees detailing and assessing the mechanisms for monitoring and safeguards described in the previous
proviso.
(b) Funds made available to the Government of Ukraine as
a cash transfer under subsection (a) shall be subject to a memorandum of understanding between the governments of the United
States and Ukraine that describes how the funds proposed to be
made available will be used and the appropriate safeguards to
ensure transparency and accountability: Provided, That such assistance shall be maintained in a separate, auditable account and
may not be commingled with any other funds.
(c) The Secretary of State or the Administrator of the United
States Agency for International Development, as appropriate, shall
report to the appropriate congressional committees on the uses
of funds provided for direct financial support to the Government
of Ukraine pursuant to subsection (a) not later than 45 days after
the date of enactment of this Act and every 45 days thereafter
until all such funds have been expended: Provided, That such
reports shall include a detailed description of the use of such
funds, including categories and amounts, the intended results and
the results achieved, a summary of other donor contributions, and
a description of the efforts undertaken by the Secretary and
Administrator to increase other donor contributions for direct financial support: Provided further, That such reports shall also include
the metrics established to measure such results.
SEC. 1706. Funds appropriated by this title under the headings
‘‘Diplomatic Programs’’, ‘‘Operating Expenses’’, ‘‘Economic Support
Fund’’, ‘‘International Narcotics Control and Law Enforcement’’,
‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’, and ‘‘Foreign Military Financing Program’’ shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided, That notifications submitted pursuant to this
section shall include for each program notified—(1) total funding
made available for such program, by account and fiscal year; (2)
funding that remains unobligated for such program; (3) funding
that is obligated but unexpended for such program; and (4) funding
committed, but not yet notified for such program.
SEC. 1707. Funds appropriated by this title for the Inspectors
General of the Department of State and United States Agency
for International Development are in addition to funds otherwise
provided for such Inspectors General for fiscal year 2023 and are
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Consultation.
Certification.
Reports.
Reports.
Memorandum.
Reports.
Notifications.
PUBL328
136 STAT. 5200
Reports.
Reports.
Definitions.
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Effective date.
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PUBLIC LAW 117–328—DEC. 29, 2022
made available to provide oversight of funds appropriated by this
title and funds appropriated in title VI of division N of Public
Law 117–103, title V of Public Law 117–128, and title III of division
B of Public Law 117–180: Provided, That the Inspectors General
shall coordinate with the Inspectors General of the Department
of Defense and Inspectors General of other relevant Federal agencies in conducting such oversight: Provided further, That not later
than 90 days after the date of enactment of this Act, the Inspectors
General shall provide a report on oversight plans and initial findings
to the appropriate congressional committees.
SEC. 1708. (a) The Attorney General may transfer to the Secretary of State the proceeds of any covered forfeited property for
use by the Secretary of State to provide assistance to Ukraine
to remediate the harms of Russian aggression towards Ukraine.
Any such transfer shall be considered foreign assistance under
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),
including for purposes of making available the administrative
authorities and implementing the reporting requirements contained
in that Act.
(b) Not later than 15 days after any transfers made pursuant
to subsection (a), the Attorney General, in consultation with the
Secretary of the Treasury and the Secretary of State, shall submit
a report describing such transfers to the appropriate congressional
committees.
(c) In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on the Judiciary of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Committee on Financial Services of the House
of Representatives; and
(H) the Committee on Appropriations of the House
of Representatives.
(2) The term ‘‘covered forfeited property’’ means property
forfeited under chapter 46 or section 1963 of title 18, United
States Code, which property belonged to, was possessed by,
or was controlled by a person subject to sanctions and designated by the Secretary of the Treasury or the Secretary
of State, or which property was involved in an act in violation
of sanctions enacted pursuant to Executive Order 14024, and
as expanded by Executive Order 14066 of March 8, 2022, and
relied on for additional steps taken in Executive Order 14039
of August 20, 2021, and Executive Order 14068 of March 11,
2022.
(d) The authority under this section shall apply to any covered
forfeited property forfeited on or before May 1, 2025.
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PUBLIC LAW 117–328—DEC. 29, 2022
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—DISASTER RELIEF SUPPLEMENTAL
APPROPRIATIONS ACT, 2023
TITLE I
Disaster Relief
Supplemental
Appropriations
Act, 2023.
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
PROCESSING, RESEARCH
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OFFICE
OF THE
AND
MARKETING
SECRETARY
For an additional amount for ‘‘Office of the Secretary’’,
$3,741,715,000, to remain available until expended, for necessary
expenses related to losses of revenue, quality or production losses
of crops (including milk, on-farm stored commodities, crops prevented from planting in 2022, and harvested adulterated wine
grapes), trees, bushes, and vines, as a consequence of droughts,
wildfires, hurricanes, floods, derechos, excessive heat, tornadoes,
winter storms, freeze, including a polar vortex, smoke exposure,
and excessive moisture occurring in calendar year 2022 under such
terms and conditions as determined by the Secretary: Provided,
That of the amounts provided under this heading in this Act,
the Secretary shall use up to $494,500,000 to provide assistance
to producers of livestock, as determined by the Secretary of Agriculture, for losses incurred during calendar year 2022 due to
drought or wildfires: Provided further, That the amount provided
under this heading in this Act shall be subject to the terms and
conditions set forth in the first, second, and fourth through twelfth
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Determination.
Determination.
PUBL328
136 STAT. 5202
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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
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PUBL328
136 STAT. 5204
Appointment.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘Economic Development Assistance Programs’’ for necessary
expenses related to flood mitigation, disaster relief, long-term
recovery, and restoration of infrastructure in areas that received
a major disaster designation as a result of Hurricanes Ian and
Fiona, and of wildfires, flooding, and other natural disasters occurring in calendar years 2021 and 2022 under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $500,000,000, to remain available until expended: Provided,
That within the amount appropriated under this heading in this
Act, up to 3 percent of funds may be transferred to the ‘‘Salaries
and Expenses’’ account for administration and oversight activities:
Provided further, That the Secretary of Commerce is authorized
to appoint and fix the compensation of such temporary personnel
as may be necessary to implement the requirements under this
heading in this Act, without regard to the provisions of title 5,
United States Code, governing appointments in competitive service:
Provided further, That within the amount appropriated under this
heading in this Act, $2,000,000 shall be transferred to the ‘‘Office
of Inspector General’’ account for carrying out investigations and
audits related to the funding provided under this heading in this
Act.
For an additional amount for ‘‘Economic Development Assistance Programs’’ for grants authorized by sections 28 and 29 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3722a and 3722b), $618,000,000, to remain available until expended,
of which $459,000,000 shall be for grants under section 28 and
$159,000,000 shall be for grants under section 29 in amounts determined by the Secretary.
NATIONAL INSTITUTE
OF
STANDARDS
AND
TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For an additional amount for ‘‘Scientific and Technical Research
and Services’’ to investigate the impacts of hurricanes, typhoons,
and wildfires in calendar year 2022 to support the development
of resilience standards with regard to weather and climate disasters,
in addition to the underlying research to support those standards,
and for necessary expenses to carry out investigations of building
failures pursuant to the National Construction Safety Team Act
of 2002 (15 U.S.C. 7301), $40,000,000, to remain available until
expended.
INDUSTRIAL TECHNOLOGY SERVICES
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
NATIONAL OCEANIC
AND
136 STAT. 5205
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
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CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
For an additional amount for ‘‘Construction and Environmental
Compliance and Restoration’’ for repair and replacement of National
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136 STAT. 5206
PUBLIC LAW 117–328—DEC. 29, 2022
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
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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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
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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
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PUBL328
136 STAT. 5208
Deadline.
Work plan.
List.
Reports.
PUBLIC LAW 117–328—DEC. 29, 2022
the date of enactment of this Act, to reduce risks from future
floods and hurricanes, at full Federal expense, $5,000,000, to remain
available until expended: Provided, That funds made available
under this heading in this Act shall be for high-priority studies
of projects in States and insular areas that were impacted by
Hurricanes Ian, Fiona, and Nicole: Provided further, That within
60 days of enactment of this Act, the Chief of Engineers shall
submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided under this heading
in this Act, including a list of study locations, new studies selected
to be initiated, the total cost for all studies, the remaining cost
for all ongoing studies, and a schedule by fiscal year of proposed
use of such funds: Provided further, That the Secretary shall not
deviate from the work plan, once the plan has been submitted
to the Committees on Appropriations of both Houses of Congress:
Provided further, That beginning not later than 60 days after the
enactment of this Act, the Assistant Secretary of the Army for
Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of the funds provided
under this heading in this Act.
CONSTRUCTION
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Time period.
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For an additional amount for ‘‘Construction’’ for necessary
expenses to address emergency situations at Corps of Engineers
projects, construct Corps of Engineers projects, and rehabilitate
and repair damages caused by natural disasters to Corps of Engineers projects, $261,300,000, to remain available until expended:
Provided, That funds made available in this paragraph in this
Act are available to construct flood and storm damage reduction,
including shore protection, projects which are currently authorized
or which are authorized after the date of enactment of this Act,
and flood and storm damage reduction, including shore protection,
projects which have signed Chief’s Reports as of the date of enactment of this Act or which are studied using funds provided under
the heading ‘‘Investigations’’ of this Act if the Secretary determines
such projects to be technically feasible, economically justified, and
environmentally acceptable, in States and insular areas that were
impacted by Hurricanes Ian, Fiona, and Nicole: Provided further,
That to the extent that ongoing construction projects are constructed
using funding pursuant to the first proviso in this paragraph in
this Act, such construction shall be at full Federal expense: Provided
further, That the Secretary may initiate additional new construction
starts with funds provided pursuant to the first proviso in this
paragraph in this Act: Provided further, That using funds provided
in this paragraph in this Act, the non-Federal cash contribution
for projects eligible for funding pursuant to the first proviso in
this paragraph in this Act shall be financed in accordance with
the provisions of section 103(k) of Public Law 99–662 over a period
of 30 years from the date of completion of the project or separable
element: Provided further, That funds made available in this paragraph in this Act may be for ongoing projects that have previously
received funds under this heading in the Disaster Relief Appropriations Act of 2013 (Public Law 113–2) and for which non-Federal
interests have entered into binding agreements with the Secretary
at the time of enactment of this Act: Provided further, That projects
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PUBLIC LAW 117–328—DEC. 29, 2022
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 nonFederal interests have entered into binding agreements with the
Secretary at the time of enactment of this Act: Provided further,
That projects receiving funds pursuant to the preceding proviso,
shall be subject to the terms and conditions of Bipartisan Budget
Act of 2018 (Public Law 115–123): Provided further, That funds
made available in this paragraph in this Act may be used for
projects that have previously received funds under this heading
in the Disaster Relief Supplemental Appropriations Act of 2022
(Public Law 117–43) and for which non-Federal interests have
entered into binding agreements with the Secretary at the time
of enactment of this Act: Provided further, That projects receiving
funds pursuant to the preceding proviso, shall be subject to the
terms and conditions of Disaster Relief Supplemental Appropriations Act of 2022 (Public Law 117–43): Provided further, That
construction of ongoing projects that have previously received funds
under this heading from the Disaster Relief Supplemental Appropriations Act of 2022 (Public Law 117–43) to complete certain
features, useful increments of work, or components of the project
shall be at full Federal expense with respect to funds provided
to the project under this heading in such Act or in this paragraph
in this Act: Provided further, That of the sums appropriated in
this paragraph in this Act, any sums as are necessary to cover
the Federal share of eligible construction costs for coastal harbors
and channels, and for inland harbors eligible to be derived from
the Harbor Maintenance Trust Fund under section 101 or section
104 of the Water Resources and Development Act of 2020 shall
be derived from the general fund of the Treasury: Provided further,
That for projects receiving funding in this paragraph in this Act,
the limitation concerning total project costs in section 902 of the
Water Resources Development Act of 1986 (Public Law 99–662),
as amended, shall not apply to funds provided in this paragraph
in this Act: Provided further, That any projects using funds appropriated in this paragraph in this Act shall be initiated only after
non-Federal interests have entered into binding agreements with
the Secretary requiring, where applicable, the non-Federal interests
to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save
the United States free from damages due to the construction or
operation and maintenance of the project, except for damages due
to the fault or negligence of the United States or its contractors:
Provided further, That within 60 days of enactment of this Act,
the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for
the funds provided in this paragraph in this Act, including a list
of project locations, new construction projects selected to be initiated, the total cost for all projects, and a schedule by fiscal year
of proposed use of such funds: Provided further, That the Secretary
shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses
of Congress: Provided further, That beginning not later than 60
days after the enactment of this Act, the Assistant Secretary of
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Work plan.
List.
Reports.
PUBL328
136 STAT. 5210
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Work plan.
List.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 waterrelated environmental infrastructure assistance to make environmentally sound repairs and upgrades to water infrastructure: Provided further, That within 60 days of enactment of this Act, the
Chief of Engineers shall submit directly to the House and Senate
Committees on Appropriations a detailed work plan for the funds
provided in this paragraph in this Act, including a list of project
locations, the total cost for all projects, and a schedule by fiscal
year of proposed use of such funds: Provided further, That the
Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both
Houses of Congress.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 within 60 days of enactment
of this Act, the Chief of Engineers shall submit directly to the
House and Senate Committees on Appropriations a detailed work
plan for the funds provided under this heading in this Act: Provided
further, That beginning not later than 60 days after the enactment
of this Act, the Assistant Secretary of the Army for Civil Works
shall provide a quarterly report directly to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of the funds provided under
this heading in this Act.
Deadline.
Work plan.
Reports.
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OPERATION AND MAINTENANCE
For an additional amount for ‘‘Operation and Maintenance’’
for necessary expenses to dredge Federal navigation projects in
response to, and repair damages to Corps of Engineers Federal
projects caused by natural disasters, $324,000,000, to remain available until expended: Provided, That of the amount provided in
this paragraph in this Act, such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for
coastal harbors and channels, and for inland harbors shall be
derived from the general fund of the Treasury: Provided further,
That within 60 days of enactment of this Act, the Chief of Engineers
shall submit directly to the House and Senate Committees on
Appropriations a detailed work plan for the funds provided in
this paragraph in this Act: Provided further, That beginning not
later than 60 days after the enactment of this Act, the Assistant
Secretary of the Army for Civil Works shall provide a quarterly
report directly to the Committees on Appropriations of the House
of Representatives and the Senate detailing the allocation and
obligation of the funds provided in this paragraph in this Act.
For an additional amount for ‘‘Operation and Maintenance’’,
$52,800,000, to remain available until expended: Provided, That
of the amount provided in this paragraph in this Act, $36,000,000
shall be for necessary expenses at inland waterways projects: Provided further, That of the amount provided in this paragraph in
this Act, $16,800,000 shall be for other authorized project purposes:
Provided further, That within 60 days of enactment of this Act,
the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for
the funds provided in this paragraph in this Act, including a list
of project locations, the total cost for all projects, and a schedule
by fiscal year of proposed use of such funds: Provided further,
That the Secretary shall not deviate from the work plan, once
the plan has been submitted to the Committees on Appropriations
of both Houses of Congress.
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Deadline.
Work plan.
Reports.
Deadline.
Work plan.
List.
PUBL328
136 STAT. 5212
PUBLIC LAW 117–328—DEC. 29, 2022
FLOOD CONTROL AND COASTAL EMERGENCIES
Reports.
For an additional amount for ‘‘Flood Control and Coastal Emergencies’’, as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses to prepare for flood, hurricane, and other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters, as authorized by law, $519,200,000, to remain available until expended:
Provided, That funding provided under this heading in this Act
and utilized for authorized shore protection projects shall restore
such projects to the full project profile at full Federal expense:
Provided further, That beginning not later than 60 days after the
enactment of this Act, the Chief of Engineers shall provide a quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation
and obligation of these fund provided under this heading in this
Act.
EXPENSES
Reports.
For an additional amount for ‘‘Expenses’’ for necessary expenses
to administer and oversee the obligation and expenditure of
amounts provided in this Act for the Corps of Engineers, $5,000,000,
to remain available until expended: Provided, That beginning not
later than 60 days after the enactment of this Act, the Chief
of Engineers shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of these fund provided
under this heading in this Act.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ELECTRICITY
Coordination.
For an additional amount for ‘‘Electricity’’, $1,000,000,000, to
remain available until expended, to carry out activities to improve
the resilience of the Puerto Rican electric grid, including grants
for low and moderate income households and households that
include individuals with disabilities for the purchase and installation of renewable energy, energy storage, and other grid technologies: Provided, That the Department of Energy shall coordinate
with the Federal Emergency Management Agency and the Department of Housing and Urban Development on these activities.
POWER MARKETING ADMINISTRATIONS
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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, 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.
Reimbursement.
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
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OPERATIONS AND SUPPORT
For an additional amount for ‘‘Operations and Support’’,
$39,250,000, to remain available until September 30, 2024, for
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136 STAT. 5214
PUBLIC LAW 117–328—DEC. 29, 2022
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)
Reports.
136 Stat. 2122.
For an additional amount for ‘‘Hermit’s Peak/Calf Canyon Fire
Assistance Account’’, $1,450,000,000, to remain available until
expended, to carry out the Hermit’s Peak/Calf Canyon Fire Assistance Act, of which $1,000,000 shall be transferred to ‘‘Office of
the Inspector General—Operations and Support’’ for oversight of
activities authorized by the Hermit’s Peak/Calf Canyon Fire Assistance Act: Provided, That the amounts provided under this heading
in this Act shall be subject to the reporting requirement in the
third proviso of section 136 of the Continuing Appropriations Act,
2023 (division A of Public Law 117–180).
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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,
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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CONSTRUCTION
For an additional amount for ‘‘Construction’’, $2,500,000, to
remain available until expended, for necessary expenses related
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PUBL328
136 STAT. 5216
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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 the agency shall submit an annual report to the Committees
on Appropriations until all funds have been obligated, with a status
on the use of funds for this effort.
For an additional amount for ‘‘State and Tribal Assistance
Grants’’, $450,000,000, to remain available until expended, for
capitalization grants under section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j–12): Provided, That notwithstanding section
1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated
under this paragraph in this Act shall be provided to States or
Territories in EPA Region 4 in amounts determined by the Administrator in areas where there the President declared an emergency
in August of fiscal year 2022 pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.): Provided further, That notwithstanding the requirements
of section 1452(d) of the Safe Drinking Water Act, for the funds
appropriated under this paragraph in this Act, each State shall
use 100 percent of the amount of its capitalization grants to provide
additional subsidization to eligible recipients in the form of forgiveness of principal, grants, negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt or
any combination thereof: Provided further, That the funds provided
under this paragraph in this Act shall not be subject to the matching
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Reports.
Determination.
PUBL328
136 STAT. 5218
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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,
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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.
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136 STAT. 5220
PUBLIC LAW 117–328—DEC. 29, 2022
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
Allocations.
Territories.
Native
Americans.
Parameters.
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For an additional amount for ‘‘Payments to States for the
Child Care and Development Block Grant’’, $100,000,000, to remain
available through September 30, 2024, for necessary expenses
directly related to the consequences of Hurricanes Fiona and Ian,
including activities authorized under section 319(a) of the Public
Health Service Act: Provided, That the Secretary shall allocate
such funds to States, Territories, and tribes based on assessed
need notwithstanding sections 658J and 658O of the Child Care
and Development Block Grant Act of 1990: Provided further, That
not to exceed 2 percent of funds appropriated under this heading
in this Act may be reserved, to remain available until expended,
for Federal administration costs: Provided further, That such funds
may be used for alteration, renovation, construction, equipment,
and other capital improvement costs, including for child care facilities without regard to section 658F(b) of such Act, and for other
expenditures related to child care, as necessary to meet the needs
of areas affected by Hurricanes Fiona and Ian: Provided further,
That funds made available under this heading in this Act may
be used without regard to section 658G of such Act and with
amounts allocated for such purposes excluded from the calculation
of percentages under subsection 658E(c)(3) of such Act: Provided
further, That notwithstanding section 658J(c) of such Act, funds
allotted to a State may be obligated by the State in that fiscal
year or the succeeding three fiscal years: Provided further, That
Federal interest provisions will not apply to the renovation or
construction of privately-owned family child care homes, and the
Secretary shall develop parameters on the use of funds for family
child care homes: Provided further, That the Secretary shall not
retain Federal interest after a period of 10 years (from the date
on which the funds are made available to purchase or improve
the property) in any facility renovated or constructed with funds
made available under this heading in this Act: Provided further,
That funds made available under this heading in this Act shall
not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by
self-insurance: Provided further, That funds appropriated under
this heading in this Act may be made available to restore amounts,
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5221
either directly or through reimbursement, for obligations incurred
for such purposes, prior to the date of enactment of this Act.
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CHILDREN AND FAMILIES SERVICES PROGRAMS
For an additional amount for ‘‘Children and Families Services
Programs’’, $408,000,000, to remain available until September 30,
2027, for necessary expenses directly related to the consequences
of Hurricanes Fiona and Ian, including activities authorized under
section 319(a) of the Public Health Service Act: Provided, That
$345,000,000 of the amount provided under this heading in this
Act shall be for Head Start programs, including making payments
under the Head Start Act: Provided further, That none of funds
made available in the preceding proviso shall be included in the
calculation of the ‘‘base grant’’ in subsequent fiscal years, as such
term is defined in sections 640(a)(7)(A) of the Head Start Act:
Provided further, That funds made available in first proviso are
not subject to the allocation requirements of section 640(a) of the
Head Start Act or the matching requirements of section 640(b)
of such Act: Provided further, That $10,000,000 of the amount
provided under this heading in this Act shall be for payments
to States, Territories, and tribes for activities authorized under
subpart 1 of part B of title IV of the Social Security Act, with
such funds allocated based on assessed need notwithstanding section 423 of such Act and paid without regard to percentage limitations in subsections (a), (c), or (e) in section 424 of such Act:
Provided further, That $10,000,000 of the amount provided under
this heading in this Act shall be for payments to States, Territories,
tribes, and coalitions for carrying out sections 303(a) and 303(b)
of the Family Violence Prevention and Services Act, notwithstanding the matching requirements in section 306(c)(4) of such
Act and allocated based on assessed need, notwithstanding section
303(a)(2) of such Act: Provided further, That the Secretary may
make funds made available under the preceding proviso available
for providing temporary housing and assistance to victims of family,
domestic, and dating violence: Provided further, That funds made
available by the fifth proviso shall be available for expenditure,
by a State, Territory, tribe, coalition, or any recipient of funds
from a grant, through the end of fiscal year 2027: Provided further,
That $25,000,000 of the amount made available under this heading
in this Act shall be for payments to States, territories, and tribes
authorized under the Community Services Block Grant Act, with
such funds allocated based on assessed need, notwithstanding sections 674(b), 675A, and 675B of such Act: Provided further, That
notwithstanding section 676(b)(8) of the Community Services Block
Grant Act, each State, Territory, or tribe receiving funds made
available under the preceding proviso may allocate funds to eligible
entities based on assessed need: Provided further, That for services
furnished under the CSBG Act with funds appropriated under
this heading in this Act, a State, territory or tribe that receives
a supplemental grant award may apply the last sentence of section
673(2) of the CSBG Act by substituting ‘‘200 percent’’ for ‘‘125
percent’’: Provided further, That funds made available under this
heading in this Act may be used for alteration, renovation, construction, equipment, and other capital improvement costs as necessary
to meet the needs of areas affected by Hurricanes Fiona and Ian:
Provided further, That the Secretary shall not retain Federal
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Allocations.
Applicability.
Time period.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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
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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) IN GENERAL.—As the Secretary of Health and
Human Services determines necessary to respond to a critical hiring
need for emergency response positions, after providing public notice
and without regard to the provisions of sections 3309 through
3319 of title 5, United States Code, the Secretary may appoint
candidates directly to the following positions, consistent with subsection (b), to perform critical work directly relating to the consequences of Hurricanes Fiona and Ian:
(1) Intermittent disaster-response personnel in the National
Disaster Medical System, under section 2812 of the Public
Health Service Act (42 U.S.C. 300hh–11).
(2) Term or temporary related positions in the Centers
for Disease Control and Prevention and the Office of the Assistant Secretary for Preparedness and Response.
(b) EXPIRATION.—The authority under subsection (a) shall
expire 270 days after the date of enactment of this section.
SEC. 2802. Not later than 45 days after the date of enactment
of this Act, the agencies receiving funds appropriated by this title
shall provide a detailed operating plan of anticipated uses of funds
made available in this title by State and Territory, and by program,
project, and activity, to the Committees on Appropriations: Provided, That no such funds shall be obligated before the operating
plans are provided to the Committees: Provided further, That such
plans shall be updated, including obligations to date and anticipated
use of funds made available in this title, and submitted to the
Committees on Appropriations biweekly until all such funds are
expended.
Appointment.
Deadline.
Operating plan.
Updates.
Submission.
Time period.
TITLE IX
DEPARTMENT OF DEFENSE
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MILITARY CONSTRUCTION, NAVY
AND
MARINE CORPS
For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, $41,040,000, to remain available until September 30, 2025, for necessary expenses related to the consequences
of Hurricanes Ian and Fiona: Provided, That, not later than 60
days after the date of enactment of this Act, the Secretary of
the Navy, or their designee, shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
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Deadline.
Expenditure
plan.
PUBL328
136 STAT. 5224
PUBLIC LAW 117–328—DEC. 29, 2022
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
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(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
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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
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PROJECT-BASED RENTAL ASSISTANCE
For an additional amount for ‘‘Project-Based Rental Assistance’’,
$969,420,000, to remain available until expended.
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136 STAT. 5226
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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37 USC 402b.
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(a) IN GENERAL.—Subsection (a) of section 611 of the James
M. Inhofe National Defense Authorization Act for Fiscal Year 2023
is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘402b(b)’’ and inserting ‘‘402b’’;
(2) by striking paragraph (1) and inserting the following:
‘‘(1) in subsection (b)(2)—
‘‘(A) by inserting ‘(A)’ before ‘the gross’;
‘‘(B) by striking ‘130 percent’ and inserting ‘150 percent’;
‘‘(C) by striking ‘; and’ and inserting ‘; or’; and
‘‘(D) by inserting at the end the following:
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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) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the enactment of such Act.
37 USC 402b
note.
SEC. 202. TECHNICAL CORRECTION RELATING TO APPLICABILITY OF
AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY
PROFESSIONAL SPORT CONSTITUTING BREACH OF AGREEMENT TO SERVE AS AN OFFICER.
(a) IN GENERAL.—Section 553 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 is amended by
adding at the end the following new subsection:
‘‘(d) APPLICABILITY.—The amendments made by this section
shall only apply with respect to a cadet or midshipman who first
enrolls in the United States Military Academy, the United States
Naval Academy, or the United States Air Force Academy on or
after June 1, 2021.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the enactment of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
and apply as if originally included in the enactment of such Act.
10 USC 7448
note.
10 USC 7448
note.
TITLE III—IMMIGRATION EXTENSIONS
SEC. 301. E-VERIFY.
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied
by substituting ‘‘September 30, 2023’’ for ‘‘September 30, 2015’’.
SEC. 302. NON-MINISTER RELIGIOUS WORKERS.
Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall
be applied by substituting ‘‘September 30, 2023’’ for ‘‘September
30, 2015’’.
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SEC. 303. H–2B SUPPLEMENTAL VISAS EXEMPTION.
Applicability.
8 USC 1324a
note.
Applicability.
8 USC 1101 note.
8 USC 1184 note.
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
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PUBLIC LAW 117–328—DEC. 29, 2022
returning worker program in any fiscal year in which returning
workers were exempt from such numerical limitation.
Applicability.
8 USC 1182 note.
SEC. 304. RURAL HEALTHCARE WORKERS.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by
substituting ‘‘September 30, 2023’’ for ‘‘September 30, 2015’’.
TITLE IV—ENVIRONMENT AND PUBLIC
WORKS MATTERS
SEC. 401. ESTABLISHMENT OF REGIONAL COMMISSION FOR THE
GREAT LAKES.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Section 15301(a) of title 40, United States
Code, is amended by adding at the end the following:
‘‘(4) The Great Lakes Authority.’’.
(2) CONFORMING AMENDMENT.—Section 15101(1) of title 40,
United States Code, is amended by inserting ‘‘or Authority’’
after ‘‘a Commission’’.
(b) DESIGNATION OF REGION.—
(1) IN GENERAL.—Subchapter II of chapter 157 of title
40, United States Code, is amended by adding at the end
the following:
40 USC 15734.
State listing.
40 USC prec.
15701.
‘‘§ 15734. Great Lakes Authority
‘‘The region of the Great Lakes Authority shall consist of areas
in the watershed of the Great Lakes and the Great Lakes System
(as such terms are defined in section 118(a)(3) of the Federal
Water Pollution Control Act (33 U.S.C. 1268(a)(3))), in each of
the following States:
‘‘(1) Illinois.
‘‘(2) Indiana.
‘‘(3) Michigan.
‘‘(4) Minnesota.
‘‘(5) New York.
‘‘(6) Ohio.
‘‘(7) Pennsylvania.
‘‘(8) Wisconsin.’’.
(2) CLERICAL AMENDMENT.—The analysis for subchapter
II of chapter 157 of title 40, United States Code, is amended
by adding at the end the following:
‘‘15734. Great Lakes Authority.’’.
SEC.
402.
REAUTHORIZATION OF NATIONAL WILDLIFE REFUGE
SYSTEM VOLUNTEER SERVICES, COMMUNITY PARTNERSHIP, AND REFUGE EDUCATION PROGRAMS.
Section 7(g) of the Fish and Wildlife Act of 1956 (16 U.S.C.
742f) is amended by striking ‘‘2018 through 2022’’ and inserting
‘‘2023 through 2027’’.
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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’’;
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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) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator to carry out this section
$35,000,000 for each of fiscal years 2023 through 2027, to remain
available until expended.’’.
(b) CONFORMING AMENDMENT.—Section 1201(c) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
(16 U.S.C. 4721) is amended by inserting ‘‘Patrick Leahy’’ before
‘‘Lake Champlain Basin Program’’.
(c) REFERENCES.—Any reference in law, regulation, map, document, paper, or other record of the United States to the ‘‘Lake
Champlain Basin Program’’ shall be deemed to be a reference
to the Patrick Leahy Lake Champlain Basin Program.
Time period.
33 USC 1270
note.
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SEC. 405. CLEAN SCHOOL BUS PROGRAM.
Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091)
is amended—
(1) in subsection (a)—
(A) in paragraph (4)—
(i) in subparagraph (A)—
(I) by inserting ‘‘, lease, license, or contract
for service’’ after ‘‘to sell’’; and
(II) by inserting ‘‘, lease, license, or contract
for service’’ after ‘‘that own’’; and
(ii) in subparagraph (B), by inserting ‘‘, lease,
license, or contract for service’’ before the period at
the end; and
(B) in paragraph (5)(A)—
(i) in clause (i)(II), by inserting ‘‘, lease, license,
or contract for service’’ after ‘‘purchase’’;
(ii) in clause (iii), by striking ‘‘or’’ at the end;
(iii) by redesignating clause (iv) as clause (v);
(iv) by inserting after clause (iii) the following:
‘‘(iv) a charter school (as defined in section 4310
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7221i)) responsible for the purchase,
lease, license, or contract for service of school buses
for that charter school; or’’; and
(v) in subclause (II) of clause (v) (as so redesignated), by inserting ‘‘, lease, license, or contract for
service’’ after ‘‘purchase’’; and
(2) in subsection (b)(5)(A), by inserting ‘‘, except that, if
the award is to an eligible contractor and the contract with
the local educational agency (including charter schools operating as local educational agencies under State law) ends before
the end of the 5-year period, those school buses may be operated
as part of another local educational agency eligible for the
same or higher priority consideration under paragraph (4),
subject to the limitations under paragraph (7)’’ before the semicolon at the end.
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Time period.
PUBL328
136 STAT. 5230
PUBLIC LAW 117–328—DEC. 29, 2022
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:
49 USC 44744.
Effective date.
Effective date.
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Effective date.
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‘‘§ 44744. Flight crew alerting
‘‘(a) IN GENERAL.—Beginning on December 27, 2022, the
Administrator may not issue a type certificate for a transport category airplane unless such airplane incorporates a flight crew
alerting system that, at a minimum—
‘‘(1) displays and differentiates among warnings, cautions,
and advisories; and
‘‘(2) includes functions to assist the flight crew in
prioritizing corrective actions and responding to systems failures.
‘‘(b) LIMITATION.—The prohibition in subsection (a) shall not
apply to any application for an original or amended type certificate
that was submitted to the Administrator prior to December 27,
2020.
‘‘(c) SAFETY ENHANCEMENTS.—
‘‘(1) RESTRICTION ON AIRWORTHINESS CERTIFICATE
ISSUANCE.—Beginning on the date that is 1 year after the
date on which the Administrator issues a type certificate for
the Boeing 737-10, the Administrator may not issue an original
airworthiness certificate for any Boeing 737 MAX aircraft
unless the Administrator finds that the type design for the
aircraft includes safety enhancements that have been approved
by the Administrator.
‘‘(2) RESTRICTION ON OPERATION.—Beginning on the date
that is 3 years after the date on which the Administrator
issues a type certificate for the Boeing 737-10, no person may
operate a Boeing 737 MAX aircraft unless—
‘‘(A) the type design for the aircraft includes safety
enhancements approved by the Administrator; and
‘‘(B) the aircraft was—
‘‘(i) produced in conformance with such type design;
or
‘‘(ii) altered in accordance with such type design.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) BOEING 737 MAX AIRCRAFT.—The term ‘Boeing 737 MAX
aircraft’ means any—
‘‘(A) Model 737 series aircraft designated as a 7377, 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 73710, including—
‘‘(A) a—
‘‘(i) synthetic enhanced angle-of-attack system; and
‘‘(ii) means to shut off stall warning and overspeed
alerts; or
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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) PROHIBITION.—Beginning on December 27, 2022, the
Administrator may not issue a type certificate for a transport category aircraft unless, in the case of a transport category aircraft
other than a transport airplane, the type certificate applicant provides a means acceptable to the Administrator to assist the flight
crew in prioritizing corrective actions and responding to systems
failures (including by cockpit or flight manual procedures).’’.
(c) COSTS.—Any costs associated with the safety enhancements
required by section 44744 of title 49, United States Code, as added
by subsection (a), shall be borne by the holder of the type certificate.
(d) CONGRESSIONAL BRIEFINGS.—Not later than March 1, 2023,
and on a quarterly basis thereafter, the Administrator shall brief
Congress on the status of—
(1) the issuance of a type certificate for the Boeing 7377 and 737-10, including any design enhancements, pilot procedures, or training requirements resulting from system safety
assessments; and
(2) the implementation of safety enhancements for Boeing
737 MAX aircraft, as required by section 44744 of title 49,
United States Code, as added by subsection (a).
(e) CLERICAL AMENDMENT.—The chapter analysis for chapter
447 of title 49, United States Code, is amended by inserting after
the item relating to section 44743 the following:
Effective date.
49 USC 44744
note.
Deadlines.
49 USC 44744
note.
49 USC prec.
44701.
‘‘44744. Flight Crew Alerting.’’.
TITLE VI—EXTENSION OF TEMPORARY
ORDER
FOR
FENTANYL-RELATED
SUBSTANCES
SEC.
601.
EXTENSION OF TEMPORARY
RELATED SUBSTANCES.
ORDER
FOR
FENTANYL-
Effective as if included in the enactment of the Temporary
Reauthorization and Study of the Emergency Scheduling of
Fentanyl Analogues Act (Public Law 116–114), section 2 of such
Act is amended by striking ‘‘December 31, 2022’’and inserting
‘‘December 31, 2024’’.
TITLE VII—FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING
INTEGRITY AND SAFETY AUTHORITY
134 Stat. 103;
135 Stat. 264,
380, 1504; 136
Stat. 17, 33, 801.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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.’’.
United States
Parole
Commission
Additional
Extension
Act of 2022.
18 USC 1 note.
18 USC 3551
note.
18 USC 3551
note.
TITLE VIII—UNITED STATES PAROLE
COMMISSION EXTENSION
SEC. 801. UNITED STATES PAROLE COMMISSION EXTENSION.
(a) SHORT TITLE.—This section may be cited as the ‘‘United
States Parole Commission Additional Extension Act of 2022’’.
(b) AMENDMENT OF SENTENCING REFORM ACT OF 1984.—For
purposes of section 235(b) of the Sentencing Reform Act of 1984
(18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), as such
section relates to chapter 311 of title 18, United States Code,
and the United States Parole Commission, each reference in such
section to ‘‘35 years and 46 days’’ or ‘‘35-year and 46-day period’’
shall be deemed a reference to ‘‘36 years’’ or ‘‘36-year period’’,
respectively.
(c) EFFECTIVE DATE.—Subsection (b) shall take effect as though
enacted as part of the Further Continuing Appropriations and
Extensions Act, 2023.
(d) SUPERSEDED PROVISION.—Section 103 of division B of the
Further Continuing Appropriations and Extensions Act, 2023 shall
have no force or effect.
TITLE IX—EXTENSION OF FCC AUCTION
AUTHORITY
SEC. 901. EXTENSION OF FCC AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ‘‘December 23, 2022’’ and
inserting ‘‘March 9, 2023’’.
TITLE X—BUDGETARY EFFECTS
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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-AsYou-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-AsYou-Go Act of 2010 (2 U.S.C. 934) after adjournment of the
first session of the 118th Congress, and for determining whether
a sequestration order is necessary under such section, the debit
for the budget year on the 5-year scorecard, if any, and the
10-year scorecard, if any, shall be deducted from such scorecards in 2024 and added to such scorecards in 2025.
DIVISION P—ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION IMPROVEMENT
SEC. 1. SHORT TITLE, ETC.
Electoral Count
Reform and
Presidential
Transition
Improvement
Act of 2022.
3 USC 1 note.
This division may be cited as the ‘‘Electoral Count Reform
and Presidential Transition Improvement Act of 2022’’.
TITLE I—ELECTORAL COUNT REFORM
ACT
SEC. 101. SHORT TITLE.
Electoral Count
Reform
Act of 2022.
3 USC 1 note.
This title may be cited as the ‘‘Electoral Count Reform Act
of 2022’’.
SEC. 102. TIME FOR APPOINTING ELECTORS.
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(a) IN GENERAL.—Title 3, United States Code, is amended
by striking sections 1 and 2 and inserting the following:
‘‘§ 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:
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136 STAT. 5234
Definition.
3 USC prec. 1.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(1) ‘election day’ means the Tuesday next after the first
Monday in November, in every fourth year succeeding every
election of a President and Vice President held in each State,
except, in the case of a State that appoints electors by popular
vote, if the State modifies the period of voting, as necessitated
by force majeure events that are extraordinary and catastrophic, as provided under laws of the State enacted prior
to such day, ‘election day’ shall include the modified period
of voting.’’.
(c) CONFORMING AMENDMENT.—The table of contents for
chapter 1 of title 3, United States Code, is amended by striking
the item relating to section 1 and inserting the following:
‘‘1. Time of appointing electors.’’.
SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN ELECTORAL COLLEGE.
Section 4 of title 3, United States Code, is amended by inserting
‘‘enacted prior to election day’’ after ‘‘by law’’.
SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF
ELECTORS.
(a) DETERMINATION.—Section 5 of title 3, United States Code,
is amended to read as follows:
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Deadline.
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‘‘§ 5. Certificate of ascertainment of appointment of electors
‘‘(a) IN GENERAL.—
‘‘(1) CERTIFICATION.—Not later than the date that is 6
days before the time fixed for the meeting of the electors,
the executive of each State shall issue a certificate of ascertainment of appointment of electors, under and in pursuance of
the laws of such State providing for such appointment and
ascertainment enacted prior to election day.
‘‘(2) FORM OF CERTIFICATE.—Each certificate of ascertainment of appointment of electors shall—
‘‘(A) set forth the names of the electors appointed and
the canvass or other determination under the laws of such
State of the number of votes given or cast for each person
for whose appointment any and all votes have been given
or cast;
‘‘(B) bear the seal of the State; and
‘‘(C) contain at least one security feature, as determined by the State, for purposes of verifying the authenticity of such certificate.
‘‘(b) TRANSMISSION.—It shall be the duty of the executive of
each State—
‘‘(1) to transmit to the Archivist of the United States,
immediately after the issuance of a certificate of ascertainment
of appointment of electors and by the most expeditious method
available, such certificate of ascertainment of appointment of
electors; and
‘‘(2) to transmit to the electors of such State, on or before
the day on which the electors are required to meet under
section 7, six duplicate-originals of the same certificate.
‘‘(c) TREATMENT OF CERTIFICATE AS CONCLUSIVE.—For purposes
of section 15:
‘‘(1) IN GENERAL.—
‘‘(A) CERTIFICATE ISSUED BY EXECUTIVE.—Except as
provided in subparagraph (B), a certificate of ascertainment
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PUBLIC LAW 117–328—DEC. 29, 2022
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:
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(3) ‘executive’ means, with respect to any State, the Governor of the State (or, in the case of the District of Columbia,
the Mayor of the District of Columbia), except when the laws
or constitution of a State in effect as of election day expressly
require a different State executive to perform the duties identified under this chapter.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 9 of title 3, United States Code, is amended
by striking ‘‘annex to each of the certificates one of the lists
of the electors’’ and inserting ‘‘annex to each of the certificates
of votes one of the certificates of ascertainment of appointment
of electors’’.
(2) The table of contents for chapter 1 of title 3, United
States Code, is amended by striking the items relating to sections 5 inserting the following:
Definition.
3 USC prec. 1.
‘‘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:
3 USC prec. 1.
‘‘§ 6. Duties of Archivist
‘‘The certificates of ascertainment of appointment of electors
received by the Archivist of the United States under section 5
shall—
‘‘(1) be preserved for one year;
‘‘(2) be a part of the public records of such office; and
‘‘(3) be open to public inspection.’’.
(b) CONFORMING AMENDMENT.—The table of contents for
chapter 1 of title 3, United States Code, is amended by striking
the items relating to section 6 and inserting the following:
‘‘6. Duties of Archivist.’’.
SEC. 106. MEETING OF ELECTORS.
(a) TIME FOR MEETING.—Section 7 of title 3, United States
Code, is amended—
(1) by striking ‘‘Monday’’ and inserting ‘‘Tuesday’’; and
(2) by striking ‘‘as the legislature of such State shall direct’’
and inserting ‘‘in accordance with the laws of the State enacted
prior to election day’’.
(b) CLARIFICATION ON SEALING OF CERTIFICATES OF VOTES.—
Section 10 of such title is amended by striking ‘‘the certificates
so made by them’’ and inserting ‘‘the certificates of votes so made
by them, together with the annexed certificates of ascertainment
of appointment of electors’’.
SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES.
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(a) IN GENERAL.—Section 11 of title 3, United States Code,
is amended to read as follows:
‘‘§ 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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 amended by striking
the item relating to section 11 and inserting the following:
3 USC prec. 1.
‘‘11. Transmission of certificates by electors.’’.
SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH RECIPIENTS.
(a) IN GENERAL.—Section 12 of title 3, United States Code,
is amended—
(1) by inserting ‘‘, after the meeting of the electors shall
have been held,’’ after ‘‘When’’;
(2) by striking ‘‘and list’’ each place it appears;
(3) by striking ‘‘in December, after the meeting of the
electors shall have been held,’’ and inserting ‘‘in December,’’;
(4) by striking ‘‘or, if he be absent’’ and inserting ‘‘or,
if the President of the Senate be absent’’;
(5) by striking ‘‘secretary of State’’ and insert ‘‘chief election
officer’’;
(6) by striking ‘‘lodged with him’’ and inserting ‘‘lodged
with such officer’’;
(7) by striking ‘‘his duty’’ and inserting ‘‘the duty of such
chief election officer of the State’’; and
(8) by striking ‘‘by registered mail’’ and inserting ‘‘by the
most expeditious method available’’.
(b) CONTINUED FAILURE.—Section 13 of title 3, United States
Code, is amended—
(1) by inserting ‘‘, after the meeting of the electors shall
have been held,’’ after ‘‘When’’;
(2) by striking ‘‘in December, after the meeting of the
electors shall have been held,’’ and inserting ‘‘in December,’’;
(3) by striking ‘‘or, if he be absent’’ and inserting ‘‘or,
if the President of the Senate be absent’’; and
(4) by striking ‘‘that list’’ and inserting ‘‘that certificate’’.
(c) ELIMINATION OF MESSENGER’S PENALTY.—
(1) IN GENERAL.—Title 3, United States Code, is amended
by striking section 14.
(2) CONFORMING AMENDMENT.—The table of contents for
chapter 1 of title 3, United States Code, is amended by striking
the item relating to section 14.
3 USC prec. 1.
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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:
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136 STAT. 5238
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘§ 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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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,
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136 STAT. 5240
3 USC prec. 1.
PUBLIC LAW 117–328—DEC. 29, 2022
the result of the same shall be delivered to the President
of the Senate, who shall thereupon announce the state of the
vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President
of the United States, and, together with a list of the votes,
be entered on the Journals of the two Houses.’’.
(b) CONFORMING AMENDMENT.—The table of contents for
chapter 1 of title 3, United States Code, is amended by striking
the item relating to section 15 and inserting the following:
‘‘15. Counting electoral votes in Congress.’’.
SEC. 110. RULES RELATING TO JOINT SESSION.
(a) LIMIT OF DEBATE IN EACH HOUSE.—Section 17 of title 3,
United States Code, is amended to read as follows:
3 USC prec. 1.
‘‘§ 17. Same; limit of debate in each House
‘‘When the two Houses separate to decide upon an objection
pursuant to section 15(d)(2)(C)(i) that may have been made to
the counting of any electoral vote or votes from any State, or
other question arising in the matter—
‘‘(1) all such objections and questions permitted with
respect to such State shall be considered at such time;
‘‘(2) each Senator and Representative may speak to such
objections or questions for up to five minutes, and not more
than once;
‘‘(3) the total time for debate for all such objections and
questions with respect to such State shall not exceed two hours
in each House, equally divided and controlled by the Majority
Leader and Minority Leader, or their respective designees; and
‘‘(4) at the close of such debate, it shall be the duty of
the presiding officer of each House to put each of the objections
and questions to a vote without further debate.’’.
(b) PARLIAMENTARY PROCEDURE.—Section 18 of title 3, United
States Code, is amended by inserting ‘‘under section 15(d)(2)(C)(i)’’
after ‘‘motion to withdraw’’.
(c) CONFORMING AMENDMENTS.—
(1) Sections 16 of title 3, United States Code, is amended
by striking ‘‘meeting’’ each place it appears in the text and
in the heading and inserting ‘‘session’’.
(2) Sections 18 of title 3, United States Code, is amended
by striking ‘‘meeting’’ each place it appears in the text and
in the heading and inserting ‘‘session’’.
(3) The table of contents for chapter 1 of title 3, United
States Code, is amended—
(A) by striking ‘‘meeting’’ in the item relating to section
16 and inserting ‘‘session’’; and
(B) by striking ‘‘meeting’’ in the item relating to section
18 and inserting ‘‘session’’.
SEC. 111. SEVERABILITY.
(a) IN GENERAL.—Title 3, United States Code, is amended
by inserting after section 21 the following new section:
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3 USC 22.
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‘‘§ 22. Severability
‘‘If any provision of this chapter, or the application of
a provision to any person or circumstance, is held to be
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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, is amended by adding
at the end the following:
3 USC prec. 1.
‘‘22. Severability.’’.
TITLE II—PRESIDENTIAL TRANSITION
IMPROVEMENT ACT
SEC. 201. SHORT TITLE.
Presidential
Transition
Improvement
Act.
3 USC 1 note.
This title may be cited as the ‘‘Presidential Transition Improvement Act’’.
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SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 1963.
(a) IN GENERAL.—Section 3 of the Presidential Transition Act
of 1963 (3 U.S.C. 102 note) is amended by striking subsection
(c) and inserting the following:
‘‘(c)(1) APPARENT SUCCESSFUL CANDIDATES.—
‘‘(A) IN GENERAL.—For purposes of this Act, the ‘apparent
successful candidate’ for the office of President and Vice President, respectively, shall be determined as follows:
‘‘(i) If all but one eligible candidate for the office of
President and one eligible candidate for the office of Vice
President, respectively, concede the election, then the candidate for each such office who has not conceded shall
be the apparent successful candidate for each such office.
‘‘(ii) If, on the date that is 5 days after the date of
the election, more than one eligible candidate for the office
of President has not conceded the election, then each of
the remaining eligible candidates for such office and the
office of Vice President who have not conceded shall be
treated as the apparent successful candidates until such
time as a single candidate for the office of President is
treated as the apparent successful candidate pursuant to
clause (iii) or clause (iv).
‘‘(iii) If a single candidate for the office of President
or Vice President is determined by the Administrator to
meet the qualifications under subparagraph (B), the
Administrator may determine that such candidate shall
solely be treated as the apparent successful candidate for
that office until such time as a single candidate for the
office of President is treated as the apparent successful
candidate pursuant to clause (iv).
‘‘(iv) If a single candidate for the office of President
or Vice President is the apparent successful candidate for
such office under subparagraph (C), that candidate shall
solely be treated as the apparent successful candidate for
that office.
‘‘(B) INTERIM DISCRETIONARY QUALIFICATIONS.—On or after
the date that is 5 days after the date of the election, the
Administrator may determine that a single candidate for the
office of President or Vice President shall be treated as the
sole apparent successful candidate for that office pursuant to
subparagraph (A)(iii) if it is substantially certain the candidate
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Determinations.
Effective date.
Effective date.
Determination.
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Reports.
Summary.
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will receive a majority of the pledged votes of electors, based
on consideration of the following factors:
‘‘(i) The results of the election for such office in States
in which significant legal challenges that could alter the
outcome of the election in the State have been substantially
resolved, such that the outcome is substantially certain.
‘‘(ii) The certified results of the election for such office
in States in which the certification is complete.
‘‘(iii) The results of the election for such office in States
in which there is substantial certainty of an apparent
successful candidate based on the totality of the circumstances.
‘‘(C) MANDATORY QUALIFICATIONS.—
‘‘(i) IN GENERAL.—Notwithstanding subparagraph (A)
or (B), a candidate shall be the sole apparent successful
candidate for the office of President or Vice President
pursuant to subparagraph (A)(iv) for purposes of this Act
if—
‘‘(I) the candidate receives a majority of pledged
votes of electors of such office based on certifications
by States of their final canvass, and the conclusion
of any recounts, legal actions, or administrative actions
pertaining to the results of the election for such office;
‘‘(II) in the case where subclause (I) is not met,
the candidate receives a majority of votes of electors
of such office at the meeting and vote of electors under
section 7 of title 3, United States Code; or
‘‘(III) in the case where neither subclause (I) or
(II) is met, the candidate is declared as the person
elected to such office at the joint session of Congress
under section 15 of title 3, United States Code.
‘‘(ii) CLARIFICATION IF STATE UNABLE TO CERTIFY ELECTION RESULTS OR APPOINTS MORE THAN ONE SLATE OF ELECTORS.—For purposes of subclauses (I) and (II) of clause
(i), if a State is unable to certify its election results or
a State appoints more than one slate of electors, the votes
of the electors of such State shall not count towards
meeting the qualifications under such subclauses.
‘‘(2) PERIOD OF MULTIPLE POSSIBLE APPARENT SUCCESSFUL CANDIDATES.—During any period in which there is more than one
possible apparent successful candidate for the office of President—
‘‘(A) the Administrator is authorized to provide, upon
request, to each remaining eligible candidate for such office
and the office of Vice President described in paragraph (1)(A)(ii)
access to services and facilities pursuant to this Act;
‘‘(B) the Administrator, in conjunction with the Federal
Transition Coordinator designated under section 4(c) and the
senior career employee of each agency and senior career
employee of each major component and subcomponent of each
agency designated under subsection (f)(1) to oversee and implement the activities of the agency, component, or subcomponent
relating to the Presidential transition, shall make efforts to
ensure that each such candidate is provided equal access to
agency information and spaces as requested pursuant to this
Act;
‘‘(C) the Administrator shall provide weekly reports to Congress containing a brief summary of the status of funds being
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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) 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 VicePresident-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 VicePresident-elect’’ and inserting ‘‘each such candidate’’;
(ii) in paragraph (1)—
(I) by striking ‘‘the President-elect, the VicePresident-elect’’ and inserting ‘‘the apparent
successful candidate’’; and
(II) by striking ‘‘the President-elect or VicePresident-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 Presidentelect, 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
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Deadline.
Public
information.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 Presidentelect 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 Presidentelect, 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 VicePresident-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 Presidentelect’’ 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)—
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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 Presidentelect 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 Presidentelect 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 Presidentelect’’ 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 VicePresident-elect’’ and inserting ‘‘Each apparent
successful candidate (as determined by section
3(c))’’; and
(II) by striking ‘‘the President-elect or VicePresident-elect’’ and inserting ‘‘the apparent
successful candidate’’;
(ii) in paragraph (2), by striking ‘‘The Presidentelect 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
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PUBLIC LAW 117–328—DEC. 29, 2022
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 Presidentelect 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
49 USC 40101
note.
SEC. 101. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM.
Deadline.
Grants.
(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this section, the Secretary shall establish a pilot
program to provide grants that assist an eligible entity to plan
for the development and deployment of infrastructure necessary
to facilitate AAM operations, locally and regionally, within the
United States.
(b) PLANNING GRANTS.—
(1) IN GENERAL.—The Secretary shall provide grants to
eligible entities to develop comprehensive plans under paragraph (2) related to AAM infrastructure.
(2) COMPREHENSIVE PLAN.—
(A) IN GENERAL.—Not later than 1 year after receiving
a grant under this subsection, an eligible entity shall
submit to the Secretary a comprehensive plan, including
the development of potential public use or private-owned
vertiport infrastructure, in a format capable of being published on the website of the Department of Transportation.
(B) PLAN CONTENTS.—The Secretary shall establish
content requirements for comprehensive plans submitted
under this subsection, which shall include as many of the
following as possible:
(i) The identification of planned or potential public
use and private-owned vertiport locations.
(ii) A description of infrastructure necessary to
support AAM operations.
(iii) A description of types of planned or potential
AAM operations and a forecast for proposed vertiport
operations, including estimates for initial operations
and future growth.
(iv) The identification of physical and digital infrastructure required to meet any standards for vertiport
design and performance characteristics established by
the Federal Aviation Administration (as in effect on
the date on which the Secretary issues a grant to
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Public
information.
Web posting.
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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
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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) IN GENERAL.—Not later than 180 days after the
first comprehensive plan is submitted under paragraph
(2), and every 180 days thereafter through September 30,
2025, the Secretary shall provide a briefing to the appropriate committees of Congress on the comprehensive plans
submitted to the Secretary under such paragraph.
(B) CONTENTS.—The briefing required under subparagraph (A) shall include—
(i) an evaluation of all planned or potential
vertiport locations included in the comprehensive plans
submitted under paragraph (2) and how such planned
or potential vertiport locations may fit into the overall
United States transportation system and network; and
(ii) a description of lessons or best practices learned
through the review of comprehensive plans and how
the Secretary will incorporate any such lessons or best
practices into Federal standards or guidance for the
Deadlines.
Termination
date.
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136 STAT. 5249
design and operation of AAM infrastructure and facilities.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION.—There are authorized to be appropriated to the Secretary to carry out this section $12,500,000
for each of fiscal years 2023 and 2024, to remain available
until expended.
(2) ADMINISTRATIVE EXPENSES.—Of the amounts made
available under paragraph (1), the Secretary may retain up
to 1 percent for personnel, contracting, and other costs to establish and administer the pilot program under this section.
(d) TERMINATION.—
(1) IN GENERAL.—No grant may be awarded under this
section after September 30, 2024.
(2) CONTINUED FUNDING.—Funds authorized to be appropriated pursuant to subsection (c) may be expended after September 30, 2024—
(A) for grants awarded prior to September 30, 2024;
and
(B) for administrative expenses.
(e) DEFINITIONS.—In this section:
(1) ADVANCED AIR MOBILITY; AAM.—The terms ‘‘advanced
air mobility’’ and ‘‘AAM’’ have the meaning given such terms
in section 2(i) of the Advanced Air Mobility Coordination and
Leadership Act (49 U.S.C. 40101 note).
(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) COMMERCIAL AAM ENTITIES.—The term ‘‘commercial
AAM entities’’ means—
(A) manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems related to AAM;
(B) intended commercial operators of AAM aircraft and
systems; and
(C) intended commercial operators and developers of
vertiports.
(4) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State, local, or Tribal government, including a
political subdivision thereof;
(B) an airport sponsor;
(C) a transit agency;
(D) a port authority;
(E) a metropolitan planning organization; or
(F) any combination or consortium of the entities
described in subparagraphs (A) through (E).
(5) METROPOLITAN PLANNING ORGANIZATION.—The term
‘‘metropolitan planning organization’’ has the meaning given
such term in section 5303(b) of title 49, United States Code.
(6) RURAL AREA.—The term ‘‘rural area’’ means an area
located outside a metropolitan statistical area (as designated
by the Office of Management and Budget).
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
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(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.
Samya Rose
Stumo National
Air Grant
Fellowship
Program
Act of 2022.
49 USC 40101
note.
SEC. 102. SAMYA ROSE STUMO NATIONAL AIR GRANT FELLOWSHIP
PROGRAM.
(a) SHORT TITLE.—This section may be cited as the ‘‘Samya
Rose Stumo National Air Grant Fellowship Program Act of 2022’’.
(b) DESIGNATION.—
(1) IN GENERAL.—Section 131 of division V of the Consolidated Appropriations Act of 2021 (49 U.S.C. 40101 note) is
amended—
(A) in the section heading, by inserting ‘‘SAMYA ROSE
STUMO’’ before ‘‘NATIONAL AIR GRANT FELLOWSHIP PROGRAM’’;
(B) in the paragraph heading of subsection (a)(4), by
inserting ‘‘SAMYA ROSE STUMO’’ before ‘‘NATIONAL AIR GRANT
FELLOWSHIP PROGRAM’’; and
(C) by inserting ‘‘Samya Rose Stumo’’ before ‘‘National
Air Grant Fellowship Program’’ each place it appears.
(2) CLERICAL AMENDMENT.—Section 101(b) of division V
of the Consolidated Appropriations Act of 2021 (Public Law
116–260) is amended by striking the item relating to section
131 and by inserting the following:
‘‘Sec. 131. Samya Rose Stumo National Air Grant Fellowship Program.’’.
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49 USC 40101
note.
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(c) REFERENCES.—On and after the date of enactment of this
section, any reference in a law, regulation, document, paper, or
other record of the United States to the ‘‘National Air Grant Fellowship Program’’ shall be deemed to be a reference to the ‘‘Samya
Rose Stumo National Air Grant Fellowship Program’’.
(d) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the lives of 189 passengers and crew, who died in
the Lion Air Flight 610 crash on October 29, 2018, are
commemorated and recognized, including, but not limited to,
Captain Bhavye Suneja, First Officer Harvino, Permadi
Anggrimulja, Liu Chandra, Chairul Aswan, Resti Amelia, Reni
Ariyanti, Daniel Suhardja Wijaya, Mardiman, Dadang, Diah
Damayanti, Dolar, Dony, Dwinanto, Eryant, Cici Ariska, Fendi
Christanto, Dr. Ibnu Fajariyadi Hantoro, Inayah Fatwa Kurnia
Dewi, Hendra, Hesti Nuraini, Henry Heuw, Khotijah, Jannatun
Cintya Dewi, Ammad Mughni, Sudibyo Onggowardoyo, Shintia
Melina, Citra Novita Anggelia Putri, Alviani Hidayatul Solikha,
Damayanti Simarmata, Mery Yulyanda, Putri Yuniarsi, Putty
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PUBLIC LAW 117–328—DEC. 29, 2022
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 AlMutairi, Sam Pegram, Sara Chalachew, Sarah Auffret,
Sebastiano Tusa, Shikha Garg, Sintayehu Aymeku, Sintayehu
Shafi Balaker, Sofia Faisal Abdulkadir, Ste´phanie 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
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136 STAT. 5252
PUBLIC LAW 117–328—DEC. 29, 2022
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:
49 USC 44302a.
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Time period.
49 USC prec.
44301.
‘‘§ 44302a. Temporary insurance
‘‘(a) IN GENERAL.—The Secretary may provide insurance or
reinsurance under this section to or for an air carrier for 1 coverage
period not to exceed 90 days. Except as otherwise provided in
this section, such insurance or reinsurance shall be subject to
the requirements of this chapter.
‘‘(b) RESTRICTIONS.—A policy for insurance or reinsurance
issued under this section—
‘‘(1) may not be issued unless the insurance carrier of
the air carrier has unilaterally terminated the air carrier’s
war risk liability coverage pursuant to—
‘‘(A) notice under the policy;
‘‘(B) an endorsement to the policy; or
‘‘(C) an automatic termination provision in the policy
or any endorsement thereto; and
‘‘(2) may cover hull, comprehensive, and third party liability
risks.
‘‘(c) PREMIUM.—A premium for insurance or reinsurance provided under this section shall be calculated based on a prorated
amount equivalent to the premium that was in effect under the
terminated insurance carrier policy.
‘‘(d) APPROVAL.—A policy for insurance or reinsurance provided
under this section—
‘‘(1) shall be exempt from the requirements of section
44302(c); and
‘‘(2) may provide coverage to the extent allowed under
section 44303, as determined by the Secretary, notwithstanding
any determination by the President in subsection (a)(1) of such
section.’’.
(b) CONFORMING AMENDMENTS.—
(1) GENERAL AUTHORITY.—Section 44303(a) of title 49,
United States Code, is amended by striking ‘‘section 44302’’
and inserting ‘‘sections 44302 and 44302a’’.
(2) ENDING EFFECTIVE DATE.—Section 44310(a) of title 49,
United States Code, is amended by striking ‘‘section 44305’’
and inserting ‘‘sections 44302a and 44305’’.
(c) CLERICAL AMENDMENT.—The analysis for chapter 443 of
title 49, United States Code, is amended by inserting after the
item relating to section 44302 the following:
‘‘44302a. Temporary insurance.’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
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’’.
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SEC. 105. NATIONAL AVIATION PREPAREDNESS PLAN.
(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this section, the Secretary of Transportation, in
coordination with the Secretary of Health and Human Services,
the Secretary of Homeland Security, and the heads of such other
Federal departments or agencies as the Secretary of Transportation
considers appropriate, shall develop a national aviation preparedness plan for communicable disease outbreaks.
(b) CONTENTS OF PLAN.—The plan developed under subsection
(a) shall, at a minimum—
(1) provide airports and air carriers with an adaptable
and scalable framework with which to align the individual
plans, including the emergency response plans, of such airports
and air carriers and provide guidance as to each individual
plan;
(2) improve coordination among airports, air carriers, the
Transportation Security Administration, U.S. Customs and
Border Protection, the Centers for Disease Control and Prevention, other appropriate Federal entities, and State and local
governments and health agencies with respect to preparing
for and responding to communicable disease outbreaks;
(3) to the extent practicable, improve coordination among
relevant international entities;
(4) create a process to identify appropriate personal protective equipment, if any, for covered employees to reduce the
likelihood of exposure to a covered communicable disease, and
thereafter issue recommendations for the equipage of such
employees;
(5) create a process to identify appropriate techniques,
strategies, and protective infrastructure, if any, for the cleaning,
disinfecting, and sanitization of aircraft and enclosed facilities
owned, operated, or used by an air carrier or airport, and
thereafter issue recommendations pertaining to such techniques, strategies, and protective infrastructure;
(6) create a process to evaluate technologies and develop
procedures to effectively screen passengers for communicable
diseases, including through the use of temperature checks if
appropriate, for domestic and international passengers, crew
members, and other individuals passing through airport security checkpoints;
(7) identify and assign Federal agency roles in the deployment of emerging and existing technologies and solutions to
reduce covered communicable diseases in the aviation ecosystem;
(8) clearly delineate the responsibilities of the sponsors
and operators of airports, air carriers, and Federal agencies
in responding to a covered communicable disease;
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note.
Deadline.
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Recommendations.
Deadline.
Consultation.
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(9) incorporate, as appropriate, the recommendations made
by the Comptroller General of the United States to the Secretary of Transportation contained in the report titled ‘‘Air
Travel and Communicable Diseases: Comprehensive Federal
Plan Needed for U.S. Aviation System’s Preparedness’’, issued
in December 2015 (GAO-16-127);
(10) consider the latest peer-reviewed scientific studies that
address communicable disease with respect to air transportation; and
(11) consider funding constraints.
(c) CONSULTATION.—When developing the plan under subsection
(a), the Secretary of Transportation shall consult with aviation
industry and labor stakeholders, including representatives of—
(1) air carriers, which shall include domestic air carriers
consisting of major air carriers, low-cost carriers, regional air
carriers and cargo carriers;
(2) airport operators, including with respect to large hub,
medium hub, small hub, and nonhub commercial service airports;
(3) labor organizations that represent airline pilots, flight
attendants, air carrier airport customer service representatives,
and air carrier maintenance, repair, and overhaul workers;
(4) the labor organization certified under section 7111 of
title 5, United States Code, as the exclusive bargaining representative of air traffic controllers of the Federal Aviation
Administration;
(5) the labor organization certified under such section as
the exclusive bargaining representative of airway transportation systems specialists and aviation safety inspectors of the
Federal Aviation Administration;
(6) trade associations representing air carriers and airports;
(7) aircraft manufacturing companies;
(8) general aviation; and
(9) such other stakeholders as the Secretary considers
appropriate.
(d) REPORT.—Not later than 30 days after the plan is developed
under subsection (a), the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report that includes such plan.
(e) REVIEW OF PLAN.—Not later than 1 year after the date
on which a report is submitted under subsection (d), and again
not later than 5 years thereafter, the Secretary shall review the
plan included in such report and, after consultation with aviation
industry and labor stakeholders, make changes by rule as the
Secretary considers appropriate.
(f) GAO STUDY.—Not later than 18 months after the date
of enactment of this section, the Comptroller General shall conduct
and submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a study assessing the
national aviation preparedness plan developed under subsection
(a), including—
(1) whether such plan—
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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.
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SEC. 106. AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE.
(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation shall
establish the Aerospace Supply Chain Resiliency Task Force (in
this section referred to as the ‘‘Task Force’’) to—
(1) identify and assess risks to United States aerospace
supply chains, including the availability of raw materials and
critical manufactured goods, with respect to—
(A) major end items produced by the aerospace
industry; and
(B) the infrastructure of the National Airspace System;
and
(2) identify best practices and make recommendations to
mitigate risks identified under paragraph (1) and support a
robust United States aerospace supply chain.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Secretary shall appoint not more
than 21 individuals to the Task Force.
(2) COMPOSITION.—In appointing individuals to the Task
Force, the Secretary shall appoint:
(A) At least 1 individual representing each of the following:
(i) Manufacturers of aircraft.
(ii) Manufacturers of avionics.
(iii) Manufacturers of aircraft propulsion systems.
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Establishment.
Recommendations.
Appointments.
PUBL328
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Determination.
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(iv) Manufacturers of aircraft structures.
(v) Manufacturers of communications, navigation,
and surveillance equipment used for the provision of
air traffic services.
(vi) Manufacturers of commercial space transportation launch vehicles.
(vii) Commercial air carriers.
(viii) General aviation operators.
(ix) Rotorcraft operators.
(x) Unmanned aircraft system operators.
(xi) Aircraft maintenance providers.
(xii) Aviation safety organizations.
(B) At least 1 individual representing certified labor
representatives of each of the following:
(i) Aircraft mechanics.
(ii) Aircraft engineers.
(iii) Aircraft manufacturers.
(iv) Airway transportation system specialists
employed by the Federal Aviation Administration.
(C) Individuals with expertise in logistics, economics,
supply chain management, or another field or discipline
related to the resilience of industrial supply chains.
(c) ACTIVITIES.—In carrying out the responsibilities of the Task
Force described in subsection (a), the Task Force shall—
(1) engage with the aerospace industry to document trends
in changes to production throughput and lead times of major
end items produced by the aerospace industry;
(2) determine the extent to which United States aerospace
supply chains are potentially exposed to significant disturbances, including the existence of and potential for supply chain
issues such as chokepoints, bottlenecks, or shortages that could
prevent or inhibit the production or flow of major end items
and services;
(3) explore new solutions to resolve such supply chain
issues identified under paragraph (2), including through the
use of—
(A) existing aerospace infrastructure; and
(B) aerospace infrastructure, manufacturing capabilities, and production capacities in small or rural communities;
(4) evaluate the potential for the introduction and integration of advanced technology to—
(A) relieve such supply chain issues; and
(B) fill such gaps;
(5) utilize, to the maximum extent practicable, existing
supply chain studies, reports, and materials in carrying out
the activities described in this subsection; and
(6) provide recommendations to address, manage, and
relieve such supply chain issues.
(d) MEETINGS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Task Force shall convene at such times and places, and by
such means, as the Secretary determines to be appropriate,
which may include the use of remote conference technology.
(2) TIMING.—The Task Force shall convene for an initial
meeting not later than 120 days after the date of enactment
of this section and at least every 90 days thereafter.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
Recommendations.
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SEC. 107. COVERED OPERATIONS ELECTIVE STANDARDS.
(a) IN GENERAL.—Section 44729(a) of title 49, United States
Code, is amended by striking ‘‘covered operations until attaining
65 years of age.’’ and inserting the following: ‘‘covered operations
described in subsection (b)(1) until attaining 65 years of age. Air
carriers that employ pilots who serve in covered operations
described in subsection (b)(2) may elect to implement an age restriction to prohibit employed pilots from serving in such covered operations after attaining 70 years of age by delivering written notice
to the Administrator of the Federal Aviation Administration. Such
election—
‘‘(1) shall take effect 1 year after the date of delivery
of written notice of the election; and
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136 STAT. 5258
49 USC 44729
note.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(2) may not be terminated after the date on which such
election takes effect by the air carrier.’’.
(b) COVERED OPERATIONS.—Section 44729(b) of title 49, United
States Code, is amended by striking ‘‘means operations under part
121 of title 14, Code of Federal Regulations.’’ and inserting the
following: ‘‘means—
‘‘(1) operations under part 121 of title 14, Code of Federal
Regulations; or
‘‘(2) operations by a person that—
‘‘(A) holds an air carrier certificate issued pursuant
to part 119 of title 14, Code of Federal Regulations, to
conduct operations under part 135 of such title;
‘‘(B) holds management specifications under subpart
K of title 91 of title 14, Code of Federal Regulations;
and
‘‘(C) performed an aggregate total of at least 75,000
turbojet operations in calendar year 2019 or any subsequent year.’’.
(c) PROTECTION FOR COMPLIANCE.—An action or election taken
in conformance with the amendments made by this section, or
taken in conformance with a regulation issued to carry out the
amendments made by this section, may not serve as a basis for
liability or relief in a proceeding brought under any employment
law or regulation before any court or agency of the United States
or of any State or locality.
DIVISION R—NO TIKTOK ON
GOVERNMENT DEVICES
No TikTok on
Government
Devices Act.
44 USC 3553
note.
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘No TikTok on Government
Devices Act’’.
SEC. 102. PROHIBITION ON THE USE OF TIKTOK.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘covered application’’ means the social networking service TikTok or any successor application or service
developed or provided by ByteDance Limited or an entity owned
by ByteDance Limited;
(2) the term ‘‘executive agency’’ has the meaning given
that term in section 133 of title 41, United States Code; and
(3) the term ‘‘information technology’’ has the meaning
given that term in section 11101 of title 40, United States
Code.
(b) PROHIBITION ON THE USE OF TIKTOK.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator of General Services, the Director of the Cybersecurity
and Infrastructure Security Agency, the Director of National
Intelligence, and the Secretary of Defense, and consistent with
the information security requirements under subchapter II of
chapter 35 of title 44, United States Code, shall develop standards and guidelines for executive agencies requiring the
removal of any covered application from information technology.
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Standards.
Guidelines.
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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—DRIFTNET MODERNIZATION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Driftnet Modernization and
Bycatch Reduction Act’’.
Driftnet
Modernization
and Bycatch
Reduction Act.
16 USC 1801
note.
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.’’.
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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.—
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(1) IN GENERAL.—During the 5-year period beginning on
the date of enactment of the Driftnet Modernization and
Bycatch Reduction Act, the Secretary shall conduct a transition
program to facilitate the phase-out of large-scale driftnet fishing
and adoption of alternative fishing practices that minimize
the incidental catch of living marine resources, and shall award
grants to eligible permit holders who participate in the program.
‘‘(2) PERMISSIBLE USES.—Any permit holder receiving a
grant under paragraph (1) may use such funds only for the
purpose of covering—
‘‘(A) any fee originally associated with a permit authorizing participation in a large-scale driftnet fishery, if such
permit is surrendered for permanent revocation, and such
permit holder relinquishes any claim associated with the
permit;
‘‘(B) a forfeiture of fishing gear associated with a permit
described in subparagraph (A); or
‘‘(C) the purchase of alternative gear with minimal
incidental catch of living marine resources, if the fishery
participant is authorized to continue fishing using such
alternative gears.
‘‘(3) CERTIFICATION.—The Secretary shall certify that, with
respect to each participant in the program under this subsection, any permit authorizing participation in a large-scale
driftnet fishery has been permanently revoked and that no
new permits will be issued to authorize such fishing.’’.
Time period.
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 largescale driftnet fishing—
‘‘(i) deploys, within the exclusive economic zone,
a net with a total length of less than two and onehalf kilometers and a mesh size of 14 inches or greater;
and
‘‘(ii) is conducted within 5 years of the date of
enactment of the Driftnet Modernization and Bycatch
Reduction Act’’.
Deadline.
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16 USC 1862
note.
Recommendations.
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SEC. 106. FEES.
(a) IN GENERAL.—The North Pacific Fishery Management
Council may recommend, and the Secretary of Commerce may
approve, regulations necessary for the collection of fees from charter
vessel operators who guide recreational anglers who harvest Pacific
halibut in International Pacific Halibut Commission regulatory
areas 2C and 3A as those terms are defined in part 300 of title
50, Code of Federal Regulations (or any successor regulations).
(b) USE OF FEES.—Any fees collected under this section shall
be available for the purposes of—
(1) financing administrative costs of the Recreational Quota
Entity program;
(2) the purchase of halibut quota shares in International
Pacific Halibut Commission regulatory areas 2C and 3A by
the recreational quota entity authorized in part 679 of title
50, Code of Federal Regulations (or any successor regulations);
(3) halibut conservation and research; and
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PUBLIC LAW 117–328—DEC. 29, 2022
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—FISHERY RESOURCE
DISASTERS IMPROVEMENT
Fishery Resource
Disasters
Improvement
Act.
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Fishery Resource Disasters
Improvement Act’’.
16 USC 1801
note.
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SEC. 202. FISHERY RESOURCE DISASTER RELIEF.
Section 312(a) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1861a(a)) is amended to read
as follows:
‘‘(a) FISHERY RESOURCE DISASTER RELIEF.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ALLOWABLE CAUSE.—The term ‘allowable cause’
means a natural cause, discrete anthropogenic cause, or
undetermined cause, including a cause that occurred not
more than 5 years prior to the date of a request for a
fishery resource disaster determination that affected such
applicable fishery.
‘‘(B) ANTHROPOGENIC CAUSE.—The term ‘anthropogenic
cause’ means an anthropogenic event, such as an oil spill
or spillway opening—
‘‘(i) that could not have been addressed or prevented by fishery management measures; and
‘‘(ii) that is otherwise beyond the control of fishery
managers to mitigate through conservation and
management measures, including regulatory restrictions imposed as a result of judicial action or to protect
human health or marine animals, plants, or habitats.
‘‘(C) FISHERY RESOURCE DISASTER.—The term ‘fishery
resource disaster’ means a disaster that is determined by
the Secretary in accordance with this subsection and—
‘‘(i) is an unexpected large decrease in fish stock
biomass or other change that results in significant
loss of access to the fishery resource, which may include
loss of fishing vessels and gear for a substantial period
of time and results in significant revenue loss or negative subsistence impact due to an allowable cause;
and
‘‘(ii) does not include—
‘‘(I) reasonably predictable, foreseeable, and
recurrent fishery cyclical variations in species distribution or stock abundance; or
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136 STAT. 5262
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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 biologyrelated 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 Nin˜o 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.—
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5263
‘‘(i) IN GENERAL.—If the Secretary has not
independently determined that a fishery resource disaster has occurred, a request for a fishery resource
disaster determination may be submitted to the Secretary at any time, but not later than the applicable
date determined under clause (ii), by—
‘‘(I) the Governor of an affected State;
‘‘(II) an official resolution of an Indian Tribe;
or
‘‘(III) any other comparable elected or politically appointed representative as determined by
the Secretary.
‘‘(ii) APPLICABLE DATE.—The applicable date under
this clause shall be—
‘‘(I) 1 year after the date of the conclusion
of the fishing season;
‘‘(II) in the case of a distinct cause that occurs
during more than 1 consecutive fishing season,
2 years after the date of the conclusion of the
fishing season for which the request for a fishery
resource disaster determination is made; or
‘‘(III) in the case of a complete fishery closure,
1 year after the date on which that closure is
determined by the Secretary.
‘‘(B) REQUIRED INFORMATION.—A complete request for
a fishery resource disaster determination under subparagraph (A) shall include—
‘‘(i) identification of all presumed affected fish
stocks;
‘‘(ii) identification of the fishery as Federal, nonFederal, or both;
‘‘(iii) the geographical boundaries of the fishery,
as determined by the eligible requester, including
geographic boundaries that are smaller than the area
represented by the eligible requester;
‘‘(iv) preliminary information on causes of the
fishery resource disaster, if known; and
‘‘(v) information needed to support a finding of
a fishery resource disaster, including—
‘‘(I) information demonstrating the occurrence
of an unexpected large decrease in fish stock biomass or other change that results in significant
loss of access to the fishery resource, which could
include the loss of fishing vessels and gear, for
a substantial period of time;
‘‘(II) significant—
‘‘(aa) 12-month revenue loss for the
affected fishery; or
‘‘(bb) negative subsistence impact for the
affected fishery, or if a fishery resource disaster has occurred at any time in the previous
5-year period, the most recent 5 years when
no fishery resource disaster occurred;
‘‘(III) if applicable, information on lost resource
tax revenues assessed by local communities, such
as a raw fish tax and local sourcing requirements;
and
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PUBL328
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) 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;
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5265
‘‘(DD) United States fish processors;
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and
‘‘(EE) an owner of a related fishery
infrastructure or business affected by the
disaster, such as a marina operator, recreational fishing equipment retailer, or
charter, headboat, or tender vessel owner,
operator, or crew;
‘‘(ee) an impacted Indian Tribe;
‘‘(ff) other forms of disaster assistance
made available to the fishery, including prior
awards of disaster assistance for the same
event;
‘‘(gg) the length of time the resource, or
access to the resource, has been restricted;
‘‘(hh) status of recovery from previous
fishery resource disasters;
‘‘(ii) lost resource tax revenues assessed
by local communities, such as a raw fish tax;
and
‘‘(jj) other appropriate indicators to an
affected fishery, as determined by the National
Marine Fisheries Service.
‘‘(ii) TIME FRAME.—The Secretary shall complete
the review described in clause (i), if the fishing season,
applicable to the fishery—
‘‘(I) has concluded or there is no defined fishing
season applicable to the fishery, not later than
120 days after the Secretary receives a complete
request for a fishery resource disaster determination;
‘‘(II) has not concluded, not later than 120
days after the conclusion of the fishing season;
or
‘‘(III) is expected to be closed for the entire
fishing season, not later than 120 days after the
Secretary receives a complete request for a fishery
resource disaster determination.
‘‘(C) FISHERY RESOURCE DISASTER DETERMINATION.—
The Secretary shall make the determination of a fishery
resource disaster based on the criteria for determinations
listed in paragraph (5).
‘‘(D) NOTIFICATION.—Not later than 14 days after the
conclusion of the review under this paragraph, the Secretary shall notify the requester and the Governor of the
affected State or Indian Tribe representative of the determination of the Secretary.
‘‘(5) CRITERIA FOR DETERMINATIONS.—
‘‘(A) IN GENERAL.—The Secretary shall make a determination about whether a fishery resource disaster has
occurred, based on the revenue loss thresholds under
subparagraph (B), and, if a fishery resource disaster has
occurred, whether the fishery resource disaster was due
to—
‘‘(i) a natural cause;
‘‘(ii) an anthropogenic cause;
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Applicability.
Time period.
Evaluation.
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‘‘(iii) a combination of a natural cause and an
anthropogenic cause; or
‘‘(iv) an undetermined cause.
‘‘(B) REVENUE LOSS THRESHOLDS.—
‘‘(i) IN GENERAL.—Based on the information provided or analyzed under paragraph (4)(B), the Secretary shall apply the following 12-month revenue loss
thresholds in determining whether a fishery resource
disaster has occurred:
‘‘(I) Losses greater than 80 percent may result
in a positive determination that a fishery resource
disaster has occurred, based on the information
provided or analyzed under paragraph (4)(B).
‘‘(II) Losses between 35 percent and 80 percent
shall be evaluated to determine whether economic
impacts are severe enough to determine that a
fishery resource disaster has occurred.
‘‘(III) Losses less than 35 percent shall not
be eligible for a determination that a fishery
resource disaster has occurred.
‘‘(ii) CHARTER FISHING.—In making a determination of whether a fishery resource disaster has
occurred, the Secretary shall consider the economic
impacts to the charter fishing industry to ensure financial coverage for charter fishing businesses.
‘‘(iii) NEGATIVE SUBSISTENCE IMPACTS.—In considering negative subsistence impacts, the Secretary shall
evaluate the severity of negative impacts to the fishing
community instead of applying the revenue loss thresholds described in clause (i).
‘‘(C) INELIGIBLE FISHERIES.—A fishery subject to overfishing in any of the 3 years preceding the date of a
determination under this subsection is not eligible for a
determination of whether a fishery resource disaster has
occurred unless the Secretary determines that overfishing
was not a contributing factor to the fishery resource disaster.
‘‘(D) EXCEPTIONAL CIRCUMSTANCES.—In an exceptional
circumstance where substantial economic impacts to the
affected fishery and fishing community have been subject
to a disaster declaration under another statutory authority,
such as in the case of a natural disaster or from the
direct consequences of a Federal action taken to prevent,
or in response to, a natural disaster for purposes of protecting life and safety, the Secretary may determine a
fishery resource disaster has occurred without a request,
notwithstanding the requirements under subparagraph (B)
and paragraph (3).
‘‘(6) DISBURSAL OF APPROPRIATED FUNDS.—
‘‘(A) AUTHORIZATION.—The Secretary shall allocate
funds available under paragraph (9) for fishery resource
disasters.
‘‘(B) ALLOCATION OF APPROPRIATED FISHERY RESOURCE
DISASTER ASSISTANCE.—
‘‘(i) NOTIFICATION OF FUNDING AVAILABILITY.—
When there are appropriated funds for 1 or more
fishery resource disasters, the Secretary shall notify—
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5267
‘‘(I) the public; and
‘‘(II) representatives of affected fishing communities with a positive disaster determination that
is unfunded;
of the availability of funds, not more than 14 days
after the date of the appropriation or the determination
of a fishery resource disaster, whichever occurs later.
‘‘(ii) EXTENSION OF DEADLINE.—The Secretary may
extend the deadline under clause (i) by 90 days to
evaluate and make determinations on eligible requests.
‘‘(C) CONSIDERATIONS.—In determining the allocation
of appropriations for a fishery resource disaster, the Secretary shall consider commercial, charter, headboat, or seafood processing revenue losses and negative impacts to
subsistence or Indian Tribe ceremonial fishing opportunity,
for the affected fishery, and may consider the following
factors:
‘‘(i) Direct economic impacts.
‘‘(ii) Uninsured losses.
‘‘(iii) Losses of recreational fishing opportunity.
‘‘(iv) Aquaculture operations revenue loss.
‘‘(v) Direct revenue losses to a fishing community.
‘‘(vi) Treaty obligations.
‘‘(vii) Other economic impacts.
‘‘(D) SPEND PLANS.—To receive an allocation from funds
available under paragraph (9), a requester with an affirmative fishery resource disaster determination shall submit
a spend plan to the Secretary, not more than 120 days
after receiving notification that funds are available, that
shall include the following information, if applicable:
‘‘(i) Objectives and outcomes, with an emphasis
on addressing the factors contributing to the fishery
resource disaster and minimizing future uninsured
losses, if applicable.
‘‘(ii) Statement of work.
‘‘(iii) Budget details.
‘‘(E) REGIONAL CONTACT.—If so requested, the Secretary shall provide a regional contact within the National
Oceanic and Atmospheric Administration to facilitate
review of spend plans and disbursal of funds.
‘‘(F) DISBURSAL OF FUNDS.—
‘‘(i) AVAILABILITY.—Funds shall be made available
to grantees not later than 90 days after the date the
Secretary receives a complete spend plan.
‘‘(ii) METHOD.—The Secretary may provide an
allocation of funds under this subsection in the form
of a grant, direct payment, cooperative agreement,
loan, or contract.
‘‘(iii) ELIGIBLE USES.—
‘‘(I) IN GENERAL.—Funds allocated for fishery
resources disasters under this subsection shall
restore the fishery affected by such a disaster,
prevent a similar disaster in the future, or assist
the affected fishing community, and shall prioritize
the following uses, which are not in order of priority:
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136 STAT. 5268
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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 nonFederal 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
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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.’’.
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SEC.
203.
MAGNUSON-STEVENS
MANAGEMENT ACT.
FISHERY
CONSERVATION
AND
(a) REPEAL.—Section 315 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1864) is repealed.
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PUBLIC LAW 117–328—DEC. 29, 2022
(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.
16 USC 1861a
note.
16 USC 1822.
16 USC 1826.
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List.
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(a) BUDGET REQUEST.—In the budget justification materials
submitted to Congress in support of the budget of the Department
of Commerce for each fiscal year (as submitted with the budget
of the President under section 1105(a) of title 31, United States
Code), the Secretary of Commerce shall include a separate statement of the amount for each outstanding unfunded fishery resource
disasters.
(b) DRIFTNET ACT AMENDMENTS OF 1990 REPORT AND BYCATCH
REDUCTION AGREEMENTS.—
(1) IN GENERAL.—The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) is
amended—
(A) in section 202(h), by striking paragraph (3); and
(B) in section 206—
(i) by striking subsections (e) and (f); and
(ii) by redesignating subsections (g) and (h) as
subsections (e) and (f), respectively.
(2) BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.—Section 607 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826h) is amended—
(A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Secretary’’ and indenting appropriately; and
(B) by adding at the end the following:
‘‘(b) ADDITIONAL INFORMATION.—In addition to the information
described in paragraphs (1) through (5) of subsection (a), the report
shall include—
‘‘(1) a description of the actions taken to carry out the
provisions of section 206 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826), including—
‘‘(A) an evaluation of the progress of those efforts,
the impacts on living marine resources, including available
observer data, and specific plans for further action;
‘‘(B) a list and description of any new fisheries developed by nations that conduct, or authorize their nationals
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136 STAT. 5271
to conduct, large-scale driftnet fishing beyond the exclusive
economic zone of any nation; and
‘‘(C) a list of the nations that conduct, or authorize
their nationals to conduct, large-scale driftnet fishing
beyond the exclusive economic zone of any nation in a
manner that diminishes the effectiveness of or is inconsistent with any international agreement governing largescale driftnet fishing to which the United States is a party
or otherwise subscribes; and
‘‘(2) a description of the actions taken to carry out the
provisions of section 202(h) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1822(h)).
‘‘(c) CERTIFICATION.—If, at any time, the Secretary, in consultation with the Secretary of State and the Secretary of the department
in which the Coast Guard is operating, identifies any nation that
warrants inclusion in the list described under subsection (b)(1)(C),
due to large scale drift net fishing, the Secretary shall certify
that fact to the President. Such certification shall be deemed to
be a certification for the purposes of section 8(a) of the Fishermen’s
Protective Act of 1967 (22 U.S.C. 1978(a)).’’.
TITLE III—ALASKA SALMON RESEARCH
TASK FORCE
List.
Alaska Salmon
Research Task
Force Act.
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.
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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.
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PUBL328
136 STAT. 5272
Establishment.
SEC. 304. ALASKA SALMON RESEARCH TASK FORCE.
Deadline.
(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary of Commerce, in consultation
with the Governor of Alaska, shall convene an Alaska Salmon
Research Task Force (referred to in this section as the ‘‘Research
Task Force’’) to—
(1) review existing Pacific salmon research in Alaska;
(2) identify applied research needed to better understand
the increased variability and declining salmon returns in some
regions of Alaska; and
(3) support sustainable salmon runs in Alaska.
(b) COMPOSITION AND APPOINTMENT.—
(1) IN GENERAL.—The Research Task Force shall be composed of not fewer than 13 and not more than 19 members,
who shall be appointed under paragraphs (2) and (3).
(2) APPOINTMENT BY SECRETARY.—The Secretary of Commerce shall appoint members to the Research Task Force as
follows:
(A) One representative from each of the following:
(i) The National Oceanic and Atmospheric
Administration who is knowledgeable about salmon
and salmon research efforts in Alaska.
(ii) The North Pacific Fishery Management
Council.
(iii) The United States section of the Pacific
Salmon Commission.
(B) Not less than 2 and not more than 5 representatives
from each of the following categories, at least 2 of whom
shall represent Alaska Natives who possess personal knowledge of, and direct experience with, subsistence uses in
rural Alaska, to be appointed with due regard to differences
in regional perspectives and experience:
(i) Residents of Alaska who possess personal
knowledge of, and direct experience with, subsistence
uses in rural Alaska.
(ii) Alaska fishing industry representatives
throughout the salmon supply chain, including from—
(I) directed commercial fishing;
(II) recreational fishing;
(III) charter fishing;
(IV) seafood processors;
(V) salmon prohibited species catch (bycatch)
users; or
(VI) hatcheries.
(C) 5 representatives who are academic experts in
salmon biology, salmon ecology (marine and freshwater),
salmon habitat restoration and conservation, or comprehensive marine research planning in the North Pacific.
(3) APPOINTMENT BY THE GOVERNOR OF ALASKA.—The Governor of Alaska shall appoint to the Research Task Force one
representative from the State of Alaska who is knowledgeable
about the State of Alaska’s salmon research efforts.
(c) DUTIES.—
(1) REVIEW.—The Research Task Force shall—
(A) conduct a review of Pacific salmon science relevant
to understanding salmon returns in Alaska, including an
examination of—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) recommendations on filling knowledge gaps that
warrant further scientific inquiry; and
(ii) findings from the reports of work groups submitted under subsection (d)(2)(C).
(d) ADMINISTRATIVE MATTERS.—
(1) CHAIRPERSON AND VICE CHAIRPERSON.—The Research
Task Force shall select a Chair and Vice Chair by vote from
among the members of the Research Task Force.
(2) WORK GROUPS.—
(A) IN GENERAL.—The Research Task Force—
(i) not later than 30 days after the date of the
establishment of the Research Task Force, shall establish a work group focused specifically on the research
needs associated with salmon returns in the AYK
(Arctic-Yukon-Kuskokwim) regions of Western Alaska;
and
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Recommendation.
Establishment.
Deadline.
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136 STAT. 5274
PUBLIC LAW 117–328—DEC. 29, 2022
(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.
16 USC 1826j.
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16 USC 1826k.
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The High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826d et seq.) is amended—
(1) in section 609—
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and
(2) in section 610—
(A) in subsection (b)—
(i) in paragraph (2), by inserting ‘‘and’’ after the
semicolon;
(ii) by striking paragraph (3); and
(iii) by redesignating paragraph (4) as paragraph
(3); and
(B) in subsection (c)(4)—
(i) in subparagraph (A), by inserting ‘‘and’’ after
the semicolon;
(ii) in subparagraph (B), by striking ‘‘; and’’ and
inserting a period; and
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5275
(iii) by striking subparagraph (C).
DIVISION T—SECURE 2.0 ACT OF 2022
SECURE 2.0 Act
of 2022.
SEC. 1. SHORT TITLE; ETC.
(a) SHORT TITLE.—This division may be cited as the ‘‘SECURE
2.0 Act of 2022’’.
(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly
provided, whenever in this division an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made
to a section or other provision of the Internal Revenue Code of
1986.
26 USC 1 note.
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:
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‘‘SEC. 414A. REQUIREMENTS RELATED TO AUTOMATIC ENROLLMENT.
26 USC 414A.
‘‘(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
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136 STAT. 5276
Applicability.
Applicability.
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participant specifically elects not to have such contributions made or to have such contributions made at
a different percentage), and
‘‘(ii) effective for the first day of each plan year
starting after each completed year of participation
under such arrangement such uniform percentage is
increased by 1 percentage point (to at least 10 percent,
but not more than 15 percent) unless the participant
specifically elects not to have such contributions made
or to have such contributions made at a different
percentage.
‘‘(B) INITIAL REDUCED CEILING FOR CERTAIN PLANS.—
In the case of any eligible automatic contribution arrangement (other than an arrangement that meets the requirements of paragraph (12) or (13) of section 401(k)), for
plan years ending before January 1, 2025, subparagraph
(A)(ii) shall be applied by substituting ‘10 percent’ for ‘15
percent’.
‘‘(4) INVESTMENT REQUIREMENTS.—An eligible automatic
contribution arrangement meets the requirements of this paragraph if amounts contributed pursuant to such arrangement,
and for which no investment is elected by the participant,
are invested in accordance with the requirements of section
2550.404c-5 of title 29, Code of Federal Regulations (or any
successor regulations).
‘‘(c) EXCEPTIONS.—For purposes of this section—
‘‘(1) SIMPLE PLANS.—Subsection (a) shall not apply to any
simple plan (within the meaning of section 401(k)(11)).
‘‘(2) EXCEPTION FOR PLANS OR ARRANGEMENTS ESTABLISHED
BEFORE ENACTMENT OF SECTION.—
‘‘(A) IN GENERAL.—Subsection (a) shall not apply to—
‘‘(i) any qualified cash or deferred arrangement
established before the date of the enactment of this
section, or
‘‘(ii) any annuity contract purchased under a plan
established before the date of the enactment of this
section.
‘‘(B) POST-ENACTMENT ADOPTION OF MULTIPLE
EMPLOYER PLAN.—Subparagraph (A) shall not apply in the
case of an employer adopting after such date of enactment
a plan maintained by more than one employer, and subsection (a) shall apply with respect to such employer as
if such plan were a single plan.
‘‘(3) EXCEPTION FOR GOVERNMENTAL AND CHURCH PLANS.—
Subsection (a) shall not apply to any governmental plan (within
the meaning of section 414(d)) or any church plan (within
the meaning of section 414(e)).
‘‘(4) EXCEPTION FOR NEW AND SMALL BUSINESSES.—
‘‘(A) NEW BUSINESS.—Subsection (a) shall not apply
to any qualified cash or deferred arrangement, or any
annuity contract purchased under a plan, while the
employer maintaining such plan (and any predecessor
employer) has been in existence for less than 3 years.
‘‘(B) SMALL BUSINESSES.—Subsection (a) shall not apply
to any qualified cash or deferred arrangement, or any
annuity contract purchased under a plan, earlier than the
date that is 1 year after the close of the first taxable
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136 STAT. 5277
year with respect to which the employer maintaining the
plan normally employed more than 10 employees.
‘‘(C) TREATMENT OF MULTIPLE EMPLOYER PLANS.—In
the case of a plan maintained by more than 1 employer,
subparagraphs (A) and (B) shall be applied separately with
respect to each such employer, and all such employers
to which subsection (a) applies (after the application of
this paragraph) shall be treated as maintaining a separate
plan for purposes of this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections for subpart
B of part I of subchapter D of chapter 1 is amended by inserting
after the item relating to section 414 the following new item:
Applicability.
26 USC prec.
410.
‘‘Sec. 414A. Requirements related to automatic enrollment.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2024.
26 USC 414A
note.
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SEC. 102. MODIFICATION OF CREDIT FOR SMALL EMPLOYER PENSION
PLAN STARTUP COSTS.
(a) INCREASE IN CREDIT PERCENTAGE FOR SMALLER
EMPLOYERS.—Section 45E(e) of is amended by adding at the end
the following new paragraph:
‘‘(4) INCREASED CREDIT FOR CERTAIN SMALL EMPLOYERS.—
In the case of an employer which would be an eligible employer
under subsection (c) if section 408(p)(2)(C)(i) was applied by
substituting ‘50 employees’ for ‘100 employees’, subsection (a)
shall be applied by substituting ‘100 percent’ for ‘50 percent’.’’.
(b) ADDITIONAL CREDIT FOR EMPLOYER CONTRIBUTIONS BY CERTAIN SMALL EMPLOYERS.—Section 45E, as amended by subsection
(a), is amended by adding at the end the following new subsection:
‘‘(f) ADDITIONAL CREDIT FOR EMPLOYER CONTRIBUTIONS BY CERTAIN ELIGIBLE EMPLOYERS.—
‘‘(1) IN GENERAL.—In the case of an eligible employer, the
credit allowed for the taxable year under subsection (a) (determined without regard to this subsection) shall be increased
by an amount equal to the applicable percentage of employer
contributions (other than any elective deferrals (as defined
in section 402(g)(3)) by the employer to an eligible employer
plan (other than a defined benefit plan (as defined in section
414(j))).
‘‘(2) LIMITATIONS.—
‘‘(A) DOLLAR LIMITATION.—The amount determined
under paragraph (1) (before the application of subparagraph (B)) with respect to any employee of the employer
shall not exceed $1,000.
‘‘(B) CREDIT PHASE-IN.—In the case of any eligible
employer which had for the preceding taxable year more
than 50 employees, the amount determined under paragraph (1) (without regard to this subparagraph) shall be
reduced by an amount equal to the product of—
‘‘(i) the amount otherwise so determined under
paragraph (1), multiplied by
‘‘(ii) a percentage equal to 2 percentage points
for each employee of the employer for the preceding
taxable year in excess of 50 employees.
‘‘(C) WAGE LIMITATION.—
‘‘(i) IN GENERAL.—No contributions with respect
to any employee who receives wages from the employer
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26 USC 45E.
Applicability.
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136 STAT. 5278
PUBLIC LAW 117–328—DEC. 29, 2022
for the taxable year in excess of $100,000 may be
taken into account for such taxable year under
subparagraph (A).
‘‘(ii) WAGES.—For purposes of the preceding sentence, the term ‘wages’ has the meaning given such
term by section 3121(a).
‘‘(iii) INFLATION ADJUSTMENT.—In the case of any
taxable year beginning in a calendar year after 2023,
the $100,000 amount under clause (i) shall be increased
by an amount equal to—
‘‘(I) such dollar amount, multiplied by
‘‘(II) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting ‘calendar year 2007’ for ‘calendar year
2016’ in subparagraph (A)(ii) thereof.
If any amount as adjusted under this clause is not
a multiple of $5,000, such amount shall be rounded
to the next lowest multiple of $5,000.
‘‘(3) APPLICABLE PERCENTAGE.—For purposes of this section,
the applicable percentage for the taxable year during which
the eligible employer plan is established with respect to the
eligible employer shall be 100 percent, and for taxable years
thereafter shall be determined under the following table:
‘‘In the case of the following tax- The applicable percentage shall be:
able year beginning after the
taxable year during which plan
is established with respect to
the eligible employer:
1st ..............................................................................................................
100%
2nd .............................................................................................................
75%
3rd ..............................................................................................................
50%
4th ..............................................................................................................
25%
Any taxable year thereafter .....................................................................
0%
‘‘(4) DETERMINATION OF ELIGIBLE EMPLOYER; NUMBER OF
EMPLOYEES.—For purposes of this subsection, whether an
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Applicability.
26 USC 45E note.
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employer is an eligible employer and the number of employees
of an employer shall be determined under the rules of subsection (c), except that paragraph (2) thereof shall only apply
to the taxable year during which the eligible employer plan
to which this section applies is established with respect to
the eligible employer.’’.
(c) DISALLOWANCE OF DEDUCTION.—Section 45E(e)(2) is
amended to read as follows:
‘‘(2) DISALLOWANCE OF DEDUCTION.—No deduction shall be
allowed—
‘‘(A) for that portion of the qualified startup costs paid
or incurred for the taxable year which is equal to so much
of the portion of the credit determined under subsection
(a) as is properly allocable to such costs, and
‘‘(B) for that portion of the employer contributions by
the employer for the taxable year which is equal to so
much of the credit increase determined under subsection
(f) as is properly allocable to such contributions.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2022.
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PUBLIC LAW 117–328—DEC. 29, 2022
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:
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‘‘SEC. 6433. SAVER’S MATCH.
26 USC 6433.
‘‘(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
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136 STAT. 5280
Definition.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(ii) any taxpayer who is not filing a joint return,
who is not a head of a household (as so defined),
and who is not a surviving spouse (as defined in section
2(a)), the applicable dollar amount and the phaseout
range shall be 1⁄2 of the amounts applicable under
subparagraph (A) (as so adjusted).
‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘eligible individual’ means any
individual if such individual has attained the age of 18 as
of the close of the taxable year.
‘‘(2) DEPENDENTS AND FULL-TIME STUDENTS NOT ELIGIBLE.—
The term ‘eligible individual’ shall not include—
‘‘(A) any individual with respect to whom a deduction
under section 151 is allowed to another taxpayer for a
taxable year beginning in the calendar year in which such
individual’s taxable year begins, and
‘‘(B) any individual who is a student (as defined in
section 152(f)(2)).
‘‘(3) NONRESIDENT ALIENS NOT ELIGIBLE.—The term ‘eligible
individual’ shall not include any individual who is a nonresident
alien individual for any portion of the taxable year unless
such individual is treated for such taxable year as a resident
of the United States for purposes of chapter 1 by reason of
an election under subsection (g) or (h) of section 6013.
‘‘(d) QUALIFIED RETIREMENT SAVINGS CONTRIBUTIONS.—For
purposes of this section—
‘‘(1) IN GENERAL.—The term ‘qualified retirement savings
contributions’ means, with respect to any taxable year, the
sum of—
‘‘(A) the amount of the qualified retirement contributions (as defined in section 219(e)) made by the eligible
individual,
‘‘(B) the amount of—
‘‘(i) any elective deferrals (as defined in section
402(g)(3)) of such individual, and
‘‘(ii) any elective deferral of compensation by such
individual under an eligible deferred compensation
plan (as defined in section 457(b)) of an eligible
employer described in section 457(e)(1)(A), and
‘‘(C) the amount of voluntary employee contributions
by such individual to any qualified retirement plan (as
defined in section 4974(c)).
Such term shall not include any amount attributable to a
payment under subsection (a)(2).
‘‘(2) REDUCTION FOR CERTAIN DISTRIBUTIONS.—
‘‘(A) IN GENERAL.—The qualified retirement savings
contributions determined under paragraph (1) for a taxable
year shall be reduced (but not below zero) by the aggregate
distributions received by the individual during the testing
period from any entity of a type to which contributions
under paragraph (1) may be made.
‘‘(B) TESTING PERIOD.—For purposes of subparagraph
(A), the testing period, with respect to a taxable year,
is the period which includes—
‘‘(i) such taxable year,
‘‘(ii) the 2 preceding taxable years, and
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
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Determination.
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‘‘(2) TREATMENT OF CONTRIBUTIONS.—In the case of any
contribution under subsection (a)(2)—
‘‘(A) except as otherwise provided in this section or
by the Secretary under regulations, such contribution shall
be treated as—
‘‘(i) an elective deferral made by the individual,
if contributed to an applicable retirement savings
vehicle described in subsection (e)(2)(A)(i), or
‘‘(ii) as an individual retirement plan contribution
made by such individual, if contributed to such a plan,
‘‘(B) such contribution shall not be taken into account
with respect to any applicable limitation under sections
402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2),
414(v)(2), 415(c), or 457(b)(2), and shall be disregarded
for
purposes
of
sections
401(a)(4),
401(k)(3),
401(k)(11)(B)(i)(III), and 416, and
‘‘(C) such contribution shall not be treated as an
amount that may be paid, made available, or distributable
to the participant under section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(i)(V), or 457(d)(1)(A)(iii).
‘‘(3) TREATMENT OF QUALIFIED PLANS, ETC.—A plan or
arrangement to which a contribution is made under this section
shall not be treated as violating any requirement under section
401, 403, 408, or 457 solely by reason of accepting such contribution.
‘‘(4) ERRONEOUS MATCHING CONTRIBUTIONS.—
‘‘(A) IN GENERAL.—If any contribution is erroneously
paid under subsection (a)(2), including a payment that
is not made to an applicable retirement savings vehicle,
the amount of such erroneous payment shall be treated
as an underpayment of tax (other than for purposes of
part II of subchapter A of chapter 68) for the taxable
year in which the Secretary determines the payment is
erroneous.
‘‘(B) DISTRIBUTION OF ERRONEOUS MATCHING CONTRIBUTIONS.—In the case of a contribution to which subparagraph
(A) applies—
‘‘(i) section 402(a), 403(a)(1), 403(b)(1), 408(d)(1),
or 457(a)(1), whichever is applicable, shall not apply
to any distribution of such contribution, and section
72(t) shall not apply to the distribution of such contribution or any income attributable thereto, if such
distribution is received not later than the day prescribed by law (including extensions of time) for filing
the individual’s return for such taxable year, and
‘‘(ii) any plan or arrangement from which such
a distribution is made under this subparagraph shall
not be treated as violating any requirement under
section 401, 403, or 457 solely by reason of making
such distribution.
‘‘(5) EXCEPTION FROM REDUCTION OR OFFSET.—Any payment
made to any individual under this section shall not be—
‘‘(A) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 or any similar
authority permitting offset, or
‘‘(B) reduced or offset by other assessed Federal taxes
that would otherwise be subject to levy or collection.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5283
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‘‘(6) SAVER’S MATCH RECOVERY PAYMENTS.—
‘‘(A) IN GENERAL.—In the case of an applicable retirement savings vehicle to which contributions have been
made under subsection (a)(2), and from which a specified
early distribution has been made during the taxable year,
if the aggregate amount of such contributions exceeds the
account balance of such savings vehicle at the end of the
such taxable year, the tax imposed by chapter 1 shall
be increased by an amount equal to such excess (reduced
by the amount by which the tax under such chapter was
increased under section 72(t)(1) with respect to such distribution).
‘‘(B) SPECIFIED EARLY DISTRIBUTION.—For purposes of
this paragraph, the term ‘specified early distribution’
means any portion of a distribution—
‘‘(i) which is from such applicable retirement
savings vehicle to which a contribution has been made
under subsection (a)(2),
‘‘(ii) which is includible in gross income, and
‘‘(iii) to which 72(t)(1) applies.
‘‘(C) EXCESS MAY BE REPAID.—
‘‘(i) IN GENERAL.—The increase in tax for any taxable year under subparagraph (A) shall be reduced
(but not below zero) by so much of such specified
early distribution as the individual elects to contribute
to an applicable retirement savings vehicle not later
than the day prescribed by law (including extensions
of time) for filing such individual’s return for such
taxable year.
‘‘(ii) CONTRIBUTION OF EXCESS.—Any individual
who elects to contribute an amount under clause (i)
may make one or more contributions in an aggregate
amount not to exceed the amount of the specified early
distribution to which the election relates to an
applicable retirement savings vehicle and to which a
rollover contribution of such distribution could be made
under section 402(c), 403(b)(8), 408(d)(3), or 457(e)(16),
as the case may be.
‘‘(iii) LIMITATION ON CONTRIBUTIONS TO APPLICABLE
RETIREMENT SAVINGS VEHICLE OTHER THAN IRAS.—The
aggregate amount of contributions made by an individual under clause (ii) to any applicable savings retirement vehicle which is not an individual retirement
plan shall not exceed the aggregate amount of specified
early retirement distributions which are made from
such savings retirement vehicle to such individual.
Clause (ii) shall not apply to contributions to any
applicable retirement savings vehicle which is not an
individual retirement plan unless the individual is
eligible to make contributions (other than those
described in clause (ii)) to such retirement savings
vehicle.
‘‘(iv) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS
FROM APPLICABLE ELIGIBLE RETIREMENT PLANS OTHER
THAN IRAS.—If a contribution is made under clause
Deadline.
(ii) with respect to a specified early distribution from
an applicable savings retirement vehicle other than
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136 STAT. 5284
Deadline.
26 USC 6433
note.
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an individual retirement plan, then the taxpayer shall,
to the extent of the amount of the contribution, be
treated as having received such distribution in an
eligible rollover distribution (as defined in section
402(c)(4)) and as having transferred the amount to
the savings retirement vehicle in a direct trustee to
trustee transfer within 60 days of the distribution.
‘‘(v) TREATMENT OF REPAYMENTS FOR DISTRIBUTIONS FROM IRAS.—If a contribution is made under
clause (ii) with respect to a specified early distribution
from an individual retirement plan, then, to the extent
of the amount of the contribution, such distribution
shall be treated as a distribution described in section
408(d)(3) and as having been transferred to the
applicable retirement savings vehicle in a direct trustee
to trustee transfer within 60 days of the distribution.
‘‘(D) RULES TO ACCOUNT FOR INVESTMENT LOSS.—The
Secretary shall prescribe such rules as may be appropriate
to reduce any increase in tax otherwise made under
subparagraph (A) to properly account for the extent to
which any portion of the excess described in such subparagraph is allocable to investment loss in the retirement
savings vehicle.
‘‘(g) PROVISION BY SECRETARY OF INFORMATION RELATING TO
CONTRIBUTIONS.—In the case of an amount elected by an eligible
individual to be contributed to an account or plan under subsection
(e)(2), the Secretary shall provide general guidance applicable to
the custodian of the account or the plan sponsor, as the case
may be, detailing the treatment of such contribution under subsection (f)(2) and the reporting requirements with respect to such
contribution under section 6058, particularly as such requirements
are modified pursuant to section 102(c)(2) of the SECURE 2.0
Act of 2022.
‘‘(h) INFLATION ADJUSTMENTS.—
‘‘(1) IN GENERAL.—In the case of any taxable year beginning
in a calendar year after 2027, the $41,000 amount in subsection
(b)(3)(A)(i) shall be increased by an amount equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting ‘calendar year
2026’ for ‘calendar year 2016’ in subparagraph (A)(ii)
thereof.
‘‘(2) ROUNDING.—Any increase determined under paragraph
(1) shall be rounded to the nearest multiple of $1,000.’’.
(b) TREATMENT OF CERTAIN POSSESSIONS.—
(1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYSTEMS.—The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system
amounts equal to the loss (if any) to that possession by reason
of the amendments made by this section. Such amounts shall
be determined by the Secretary of the Treasury based on
information provided by the government of the respective
possession.
(2) PAYMENTS TO OTHER POSSESSIONS.—The Secretary of
the Treasury shall pay to each possession of the United States
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PUBLIC LAW 117–328—DEC. 29, 2022
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) is amended by
striking ‘‘and 7527A’’ and inserting ‘‘7527A, and 6433’’.
(2) REPORTING.—The Secretary of the Treasury shall amend
the forms relating to reports required under section 6058 of
the Internal Revenue Code of 1986 to require—
(A) separate reporting of the aggregate amount of contributions received by the plan during the year under section 6433 of the Internal Revenue Code of 1986 (as added
by this section), and
(B) similar reporting with respect to individual retirement accounts (as defined in section 408 of such Code)
and individual retirement annuities (as defined in section
408(b) of such Code).
(d) PAYMENT AUTHORITY.—Section 1324(b)(2) of title 31, United
States Code, is amended by striking ‘‘or 7527A’’ and inserting
‘‘7527A, or 6433’’.
(e) CONFORMING AMENDMENTS.—
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26 USC 6211.
26 USC 6058
note.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) Paragraph (1) of section 25B(d) is amended by striking
‘‘the sum of—’’ and all that follows through ‘‘the amount of
contributions made before January 1, 2026’’ and inserting ‘‘the
amount of contributions made before January 1, 2026’’.
(2) The table of sections for subchapter B of chapter 65
is amended by adding at the end the following new item:
26 USC 25B.
26 USC prec.
6411.
‘‘Sec. 6433. Saver’s Match.’’.
26 USC 6433
note.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2026.
SEC. 104. PROMOTION OF SAVER’S MATCH.
26 USC 6433
note.
(a) IN GENERAL.—The Secretary of the Treasury shall take
such steps as the Secretary determines are necessary and appropriate to increase public awareness of the matching contribution
provided under section 6433 of the Internal Revenue Code of 1986.
(b) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than July 1, 2026, the Secretary
shall provide a report to Congress to summarize the anticipated
promotion efforts of the Treasury under subsection (a).
(2) CONTENTS.—Such report shall include—
(A) a description of plans for—
(i) the development and distribution of digital and
print materials, including the distribution of such
materials to States for participants in State facilitated
retirement savings programs,
(ii) the translation of such materials into the 10
most commonly spoken languages in the United States
after English (as determined by reference to the most
recent American Community Survey of the Bureau
of the Census), and
(iii) communicating the adverse consequences of
early withdrawal from an applicable retirement
savings vehicle to which a matching contribution has
been paid under section 6333(a)(2) of the Internal Revenue Code of 1986, including the operation of the
Saver’s Match Recovery Payment rules under section
6433(f)(6) of such Code and associated early withdrawal
penalties, and
(B) such other information as the Secretary determines
is necessary.
SEC. 105. POOLED EMPLOYER PLANS MODIFICATION.
29 USC 1002
note.
(a) IN GENERAL.—Section 3(43)(B)(ii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(43)(B)(ii)) is
amended to read as follows:
‘‘(ii) designate a named fiduciary (other than an
employer in the plan) to be responsible for collecting
contributions to the plan and require such fiduciary
to implement written contribution collection procedures
that are reasonable, diligent, and systematic;’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2022.
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SEC. 106. MULTIPLE EMPLOYER 403(b) PLANS.
26 USC 403.
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(a) IN GENERAL.—Section 403(b) is amended by adding at the
end the following new paragraph:
‘‘(15) MULTIPLE EMPLOYER PLANS.—
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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 NONGOVERNMENTAL PLANS.—A plan shall not be treated
as meeting the requirements of this subparagraph
unless the plan satisfies rules similar to the rules
of subparagraph (A) or (B) of section 413(e)(1), except
in the case of a multiple employer plan maintained
solely by any of the following: A State, a political
subdivision of a State, or an agency or instrumentality
of any one or more of the foregoing.’’.
(b) ANNUAL REGISTRATION FOR 403(b) MULTIPLE EMPLOYER
PLAN.—Section 6057 is amended by redesignating subsection (g)
as subsection (h) and by inserting after subsection (f) the following
new subsection:
‘‘(g) 403(b) MULTIPLE EMPLOYER PLANS TREATED AS ONE
PLAN.—In the case of annuity contracts to which this section applies
and to which section 403(b) applies by reason of the plan under
which such contracts are purchased meeting the requirements of
paragraph (15) thereof, such plan shall be treated as a single
plan for purposes of this section.’’.
(c) ANNUAL INFORMATION RETURNS FOR 403(b) MULTIPLE
EMPLOYER PLAN.—Section 6058 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e)
the following new subsection:
‘‘(f) 403(b) MULTIPLE EMPLOYER PLANS TREATED AS ONE
PLAN.—In the case of annuity contracts to which this section applies
and to which section 403(b) applies by reason of the plan under
which such contracts are purchased meeting the requirements of
paragraph (15) thereof, such plan shall be treated as a single
plan for purposes of this section.’’.
(d) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974.—
(1) IN GENERAL.—Section 3(43)(A) of the Employee Retirement Income Security Act of 1974 is amended—
(A) in clause (ii), by striking ‘‘section 501(a) of such
Code or’’ and inserting ‘‘section 501(a) of such Code, a
plan that consists of annuity contracts described in section
403(b) of such Code, or’’; and
(B) in the flush text at the end following clause (iii),
by striking ‘‘the plan.’’ and inserting ‘‘the plan, but such
term shall include any plan (other than a plan excepted
from the application of this title by section 4(b)(2)) maintained for the benefit of the employees of more than 1
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26 USC 6057.
Applicability.
Applicability.
29 USC 1002.
PUBL328
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29 USC 1002.
Applicability.
26 USC 403 note.
26 USC 413 note.
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PUBLIC LAW 117–328—DEC. 29, 2022
employer that consists of annuity contracts described in
section 403(b) of such Code and that meets the requirements of subparagraph (B) of section 413(e)(1) of such
Code.’’.
(2) CONFORMING AMENDMENTS.—Sections 3(43)(B)(v)(II)
and 3(44)(A)(i)(I) of the Employee Retirement Income Security
Act of 1974 are each amended by striking ‘‘section 401(a) of
such Code or’’ and inserting ‘‘section 401(a) of such Code, a
plan that consists of annuity contracts described in section
403(b) of such Code, or’’.
(e) REGULATIONS RELATING TO EMPLOYER FAILURE TO MEET
MULTIPLE EMPLOYER PLAN REQUIREMENTS.—The Secretary of the
Treasury (or the Secretary’s delegate) shall prescribe such regulations as may be necessary to clarify, in the case of plans to which
section 403(b)(15) of the Internal Revenue Code of 1986 applies,
the treatment of an employer departing such plan in connection
with such employer’s failure to meet multiple employer plan requirements.
(f) MODIFICATION OF MODEL PLAN LANGUAGE, ETC.—
(1) PLAN NOTIFICATIONS.—The Secretary of the Treasury
(or the Secretary’s delegate), in consultation with the Secretary
of Labor, shall modify the model plan language published under
section 413(e)(5) of the Internal Revenue Code of 1986 to include
language that requires participating employers be notified that
the plan is subject to the Employee Retirement Income Security
Act of 1974 and that such employer is a plan sponsor with
respect to its employees participating in the multiple employer
plan and, as such, has certain fiduciary duties with respect
to the plan and to its employees.
(2) MODEL PLANS FOR MULTIPLE EMPLOYER 403(b) PLANS.—
For plans to which section 403(b)(15)(A) of the Internal Revenue
Code of 1986 applies (other than a plan maintained for its
employees by a State, a political subdivision of a State, or
an agency or instrumentality of any one or more of the foregoing), the Secretary of the Treasury (or the Secretary’s delegate), in consultation with the Secretary of Labor, shall publish
model plan language similar to model plan language published
under section 413(e)(5) of such Code.
(3) EDUCATIONAL OUTREACH TO EMPLOYERS EXEMPT FROM
TAX.—The Secretary of the Treasury (or the Secretary’s delegate), in consultation with the Secretary of Labor, shall provide
education and outreach to increase awareness to employers
described in section 501(c)(3) of the Internal Revenue Code
of 1986, and which are exempt from tax under section 501(a)
of such Code, that multiple employer plans are subject to the
Employee Retirement Income Security Act of 1974 and that
such employer is a plan sponsor with respect to its employees
participating in the multiple employer plan and, as such, has
certain fiduciary duties with respect to the plan and to its
employees.
(g) NO INFERENCE WITH RESPECT TO CHURCH PLANS.—
Regarding any application of section 403(b) of the Internal Revenue
Code of 1986 to an annuity contract purchased under a church
plan (as defined in section 414(e) of such Code) maintained by
more than 1 employer, or to any application of rules similar to
section 413(e) of such Code to such a plan, no inference shall
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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) IN GENERAL.—The amendments made by this section
shall apply to plan years beginning after December 31, 2022.
(2) RULE OF CONSTRUCTION.—Nothing in the amendments
made by subsection (a) shall be construed as limiting the
authority of the Secretary of the Treasury or the Secretary’s
delegate (determined without regard to such amendment) to
provide for the proper treatment of a failure to meet any
requirement applicable under the Internal Revenue Code of
1986 with respect to one employer (and its employees) in the
case of a plan to which section 403(b)(15) of the Internal Revenue Code of 1986 applies.
26 USC 403 note.
26 USC 403 note.
SEC. 107. INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR
MANDATORY DISTRIBUTIONS.
(a) IN GENERAL.—Section 401(a)(9)(C)(i)(I) is amended by
striking ‘‘age 72’’ and inserting ‘‘the applicable age’’.
(b) SPOUSE BENEFICIARIES; SPECIAL RULE FOR OWNERS.—Subparagraphs (B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) are each
amended by striking ‘‘age 72’’ and inserting ‘‘the applicable age’’.
(c) APPLICABLE AGE.—Section 401(a)(9)(C) is amended by
adding at the end the following new clause:
‘‘(v) APPLICABLE AGE.—
‘‘(I) In the case of an individual who attains
age 72 after December 31, 2022, and age 73 before
January 1, 2033, the applicable age is 73.
‘‘(II) In the case of an individual who attains
age 74 after December 31, 2032, the applicable
age is 75.’’.
(d) CONFORMING AMENDMENTS.—The last sentence of section
408(b) is amended by striking ‘‘age 72’’ and inserting ‘‘the applicable
age (determined under section 401(a)(9)(C)(v) for the calendar year
in which such taxable year begins)’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions required to be made after December
31, 2022, with respect to individuals who attain age 72 after such
date.
26 USC 401.
26 USC 401 note.
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SEC. 108. INDEXING IRA CATCH-UP LIMIT.
(a) IN GENERAL.—Subparagraph (C) of section 219(b)(5) is
amended by adding at the end the following new clause:
‘‘(iii) INDEXING OF CATCH-UP LIMITATION.—In the
case of any taxable year beginning in a calendar year
after 2023, the $1,000 amount under subparagraph
(B)(ii) shall be increased by an amount equal to—
‘‘(I) such dollar amount, multiplied by
‘‘(II) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting ‘calendar year 2022’ for ‘calendar year
2016’ in subparagraph (A)(ii) thereof.
If any amount after adjustment under the preceding
sentence is not a multiple of $100, such amount shall
be rounded to the next lower multiple of $100.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2023.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 109. HIGHER CATCH-UP LIMIT TO APPLY AT AGE 60, 61, 62, AND
63.
Effective date.
26 USC 414 note.
(a) IN GENERAL.—
(1)
PLANS
OTHER
THAN
SIMPLE
PLANS.—Section
414(v)(2)(B)(i) is amended by inserting the following before
the period: ‘‘(the adjusted dollar amount, in the case of an
eligible participant who would attain age 60 but would not
attain age 64 before the close of the taxable year)’’.
(2) SIMPLE PLANS.—Section 414(v)(2)(B)(ii) is amended by
inserting the following before the period: ‘‘(the adjusted dollar
amount, in the case of an eligible participant who would attain
age 60 but would not attain age 64 before the close of the
taxable year)’’.
(b) ADJUSTED DOLLAR AMOUNT.—Section 414(v)(2) is amended
by adding at the end the following new subparagraph:
‘‘(E) ADJUSTED DOLLAR AMOUNT.—For purposes of
subparagraph (B), the adjusted dollar amount is—
‘‘(i) in the case of clause (i) of subparagraph (B),
the greater of—
‘‘(I) $10,000, or
‘‘(II) an amount equal to 150 percent of the
dollar amount which would be in effect under such
clause for 2024 for eligible participants not
described in the parenthetical in such clause, or
‘‘(ii) in the case of clause (ii) of subparagraph (B),
the greater of—
‘‘(I) $5,000, or
‘‘(II) an amount equal to equal to 150 percent
of the dollar amount which would be in effect
under such clause for 2025 for eligible participants
not described in the parenthetical in such clause.’’.
(c) COST-OF-LIVING ADJUSTMENTS.—Subparagraph (C) of section
414(v)(2) is amended by adding at the end the following: ‘‘In the
case of a year beginning after December 31, 2025, the Secretary
shall adjust annually the adjusted dollar amounts applicable under
clauses (i) and (ii) of subparagraph (E) for increases in the costof-living at the same time and in the same manner as adjustments
under the preceding sentence; except that the base period taken
into account shall be the calendar quarter beginning July 1, 2024.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2024.
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SEC. 110. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE
DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS.
Definitions.
VerDate Sep 11 2014
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(a) IN GENERAL.—Subparagraph (A) of section 401(m)(4) is
amended by striking ‘‘and’’ at the end of clause (i), by striking
the period at the end of clause (ii) and inserting ‘‘, and’’, and
by adding at the end the following new clause:
‘‘(iii) subject to the requirements of paragraph (14),
any employer contribution made to a defined contribution plan on behalf of an employee on account of a
qualified student loan payment.’’.
(b) QUALIFIED STUDENT LOAN PAYMENT.—Paragraph (4) of section 401(m) is amended by adding at the end the following new
subparagraph:
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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
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26 USC 401.
PUBL328
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26 USC 408.
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Definitions.
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PUBLIC LAW 117–328—DEC. 29, 2022
have debt incurred under a qualified education loan
(as defined in section 221(d)(1)).
‘‘(ii) STUDENT LOAN PAYMENTS NOT TREATED AS
PLAN CONTRIBUTION.—Except as provided in clause (iii),
a qualified student loan payment shall not be treated
as a contribution to a plan under this title.
‘‘(iii) MATCHING CONTRIBUTION RULES.—Solely for
purposes of meeting the requirements of paragraph
(11)(B), (12), or (13) of this subsection, or paragraph
(11)(B)(i)(II), (12)(B), (13)(D), or (16)(D) of subsection
(k), a plan may treat a qualified student loan payment
as an elective deferral or an elective contribution,
whichever is applicable.
‘‘(iv) ACTUAL DEFERRAL PERCENTAGE TESTING.—In
determining whether a plan meets the requirements
of subsection (k)(3)(A)(ii) for a plan year, the plan
may apply the requirements of such subsection separately with respect to all employees who receive
matching contributions described in paragraph
(4)(A)(iii) for the plan year.
‘‘(C) EMPLOYER MAY RELY ON EMPLOYEE CERTIFICATION.—The employer may rely on an employee certification of payment under paragraph (4)(D)(ii).’’.
(d) SIMPLE RETIREMENT ACCOUNTS.—Paragraph (2) of section
408(p) is amended by adding at the end the following new subparagraph:
‘‘(F) MATCHING CONTRIBUTIONS FOR QUALIFIED STUDENT
LOAN PAYMENTS.—
‘‘(i) IN GENERAL.—Subject to the rules of clause
(iii), an arrangement shall not fail to be treated as
meeting the requirements of subparagraph (A)(iii)
solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee
under subparagraph (A)(i)(I) to the extent such payments do not exceed—
‘‘(I) the applicable dollar amount under
subparagraph (E) (after application of section
414(v)) for the year (or, if lesser, the employee’s
compensation (as defined in section 415(c)(3)) for
the year), reduced by
‘‘(II) any other amounts elected by the
employee under subparagraph (A)(i)(I) for the year.
‘‘(ii) QUALIFIED STUDENT LOAN PAYMENT.—For purposes of this subparagraph—
‘‘(I) IN GENERAL.—The term ‘qualified student
loan payment’ means a payment made by an
employee in repayment of a qualified education
loan (as defined in section 221(d)(1)) incurred by
the employee to pay qualified higher education
expenses, but only if the employee certifies to the
employer making the matching contribution that
such payment has been made on such a loan.
‘‘(II)
QUALIFIED
HIGHER
EDUCATION
EXPENSES.—The term ‘qualified higher education
expenses’ has the same meaning as when used
in section 401(m)(4)(D).
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PUBLIC LAW 117–328—DEC. 29, 2022
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) is
amended by adding at the end the following: ‘‘The fact that the
employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not
be taken into account in determining whether the arrangement
satisfies the requirements of clause (ii) (and any regulation thereunder).’’.
(f) 457(b) PLANS.—Subsection (b) of section 457 is amended
by adding at the end the following: ‘‘A plan which is established
and maintained by an employer which is described in subsection
(e)(1)(A) shall not be treated as failing to meet the requirements
of this subsection solely because the plan, or another plan maintained by the employer which meets the requirements of section
401(a) or 403(b), provides for matching contributions on account
of qualified student loan payments as described in section
401(m)(13).’’.
(g) REGULATORY AUTHORITY.—The Secretary of the Treasury
(or such Secretary’s delegate) shall prescribe regulations for purposes of implementing the amendments made by this section,
including regulations—
(1) permitting a plan to make matching contributions for
qualified student loan payments, as defined in sections
401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code
of 1986, as added by this section, at a different frequency
than matching contributions are otherwise made under the
plan, provided that the frequency is not less than annually;
(2) permitting employers to establish reasonable procedures
to claim matching contributions for such qualified student loan
payments under the plan, including an annual deadline (not
earlier than 3 months after the close of each plan year) by
which a claim must be made; and
(3) promulgating model amendments which plans may
adopt to implement matching contributions on such qualified
student loan payments for purposes of sections 401(m), 408(p),
403(b), and 457(b) of the Internal Revenue Code of 1986.
(h) EFFECTIVE DATE.—The amendments made by this section
shall apply to contributions made for plan years beginning after
December 31, 2023.
26 USC 403.
26 USC 401 note.
26 USC 401 note.
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SEC. 111. APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION
PLAN STARTUP COSTS TO EMPLOYERS WHICH JOIN AN
EXISTING PLAN.
(a) IN GENERAL.—Section 45E(d)(3)(A) is amended by striking
‘‘effective’’ and inserting ‘‘effective with respect to the eligible
employer’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in the enactment of section 104
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26 USC 45E note.
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136 STAT. 5294
PUBLIC LAW 117–328—DEC. 29, 2022
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:
26 USC 45AA.
Definition.
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Definitions.
VerDate Sep 11 2014
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‘‘SEC.
45AA.
MILITARY SPOUSE RETIREMENT
CREDIT FOR SMALL EMPLOYERS.
PLAN
ELIGIBILITY
‘‘(a) IN GENERAL.—For purposes of section 38, in the case of
any eligible small employer, the military spouse retirement plan
eligibility credit determined under this section for any taxable year
is an amount equal to the sum of—
‘‘(1) $200 with respect to each military spouse who is an
employee of such employer and who participates in an eligible
defined contribution plan of such employer at any time during
such taxable year, plus
‘‘(2) so much of the contributions made by such employer
(other than an elective deferral (as defined in section 402(g)(3))
to all such plans with respect to such employee during such
taxable year as do not exceed $300.
‘‘(b) LIMITATION.—An individual shall only be taken into account
as a military spouse under subsection (a) for the taxable year
which includes the date on which such individual began participating in the eligible defined contribution plan of the employer
and the 2 succeeding taxable years.
‘‘(c) ELIGIBLE SMALL EMPLOYER.—For purposes of this section,
the term ‘eligible small employer’ means an eligible employer (as
defined in section 408(p)(2)(C)(i)(I).
‘‘(d) MILITARY SPOUSE.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘military spouse’ means, with
respect to any employer, any individual who is married (within
the meaning of section 7703 as of the first date that the
employee is employed by the employer) to an individual who
is a member of the uniformed services (as defined section
101(a)(5) of title 10, United States Code) serving on active
duty. For purposes of this section, an employer may rely on
an employee’s certification that such employee’s spouse is a
member of the uniformed services if such certification provides
the name, rank, and service branch of such spouse.
‘‘(2) EXCLUSION OF HIGHLY COMPENSATED EMPLOYEES.—
With respect to any employer, the term ‘military spouse’ shall
not include any individual if such individual is a highly compensated employee of such employer (within the meaning of
section 414(q)).
‘‘(e) ELIGIBLE DEFINED CONTRIBUTION PLAN.—For purposes of
this section, the term ‘eligible defined contribution plan’ means,
with respect to any eligible small employer, any defined contribution
plan (as defined in section 414(i)) of such employer if, under the
terms of such plan—
‘‘(1) military spouses employed by such employer are
eligible to participate in such plan not later than the date
which is 2 months after the date on which such individual
begins employment with such employer, and
‘‘(2) military spouses who are eligible to participate in
such plan—
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5295
‘‘(A) are immediately eligible to receive an amount
of employer contributions under such plan which is not
less the amount of such contributions that a similarly
situated participant who is not a military spouse would
be eligible to receive under such plan after 2 years of
service, and
‘‘(B) immediately have a nonforfeitable right to the
employee’s accrued benefit derived from employer contributions under such plan.
‘‘(f) AGGREGATION RULE.—All persons treated as a single
employer under subsection (b), (c), (m), or (o) of section 414 shall
be treated as one employer for purposes of this section.’’.
(b) CREDIT ALLOWED AS PART OF GENERAL BUSINESS CREDIT.—
Section 38(b) is amended by striking ‘‘plus’’ at the end of paragraph
(39), by striking the period at the end of paragraph (40) and
inserting ‘‘, plus’’, and by adding at the end the following new
paragraph:
‘‘(41) in the case of an eligible small employer (as defined
in section 45AA(c)), the military spouse retirement plan eligibility credit determined under section 45AA(a).’’.
(c) SPECIFIED CREDIT FOR PURPOSES OF CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS.—Section 3511(d)(2) is amended
by redesignating subparagraphs (F), (G), and (H) as subparagraphs
(G), (H), and (I), respectively, and by inserting after subparagraph
(E) the following new subparagraph:
‘‘(F) section 45AA (military spouse retirement plan
eligibility credit),’’.
(d) CLERICAL AMENDMENT.—The table of sections for subpart
D of part IV of subchapter A of chapter 1 is amended by adding
at the end the following new item:
Time period.
26 USC 38.
26 USC prec. 38.
‘‘Sec. 45AA. Military spouse retirement plan eligibility credit for small employers.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.
26 USC 38 note.
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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).’’.
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136 STAT. 5296
26 USC 401 note.
PUBLIC LAW 117–328—DEC. 29, 2022
(d) AMENDMENT OF EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974.—Subsection (b) of section 408 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)) is amended
by adding at the end the following new paragraph:
‘‘(21) The provision of a de minimis financial incentive
described in section 401(k)(4)(A) or section 403(b)(12)(A) of the
Internal Revenue Code of 1986.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to plan years beginning after the date
of enactment of this Act.
SEC. 114. DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER
STOCK TO EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY S CORPORATION.
26 USC 1042.
26 USC 1042
note.
(a) IN GENERAL.—Section 1042(c)(1)(A) is amended by striking
‘‘domestic C corporation’’ and inserting ‘‘domestic corporation’’.
(b) 10 PERCENT LIMITATION ON APPLICATION OF GAIN ON SALE
OF S CORPORATION STOCK.—Section 1042 is amended by adding
at the end the following new subsection:
‘‘(h) APPLICATION OF SECTION TO SALE OF STOCK IN S CORPORATION.—In the case of the sale of qualified securities of an S corporation, the election under subsection (a) may be made with respect
to not more than 10 percent of the amount realized on such sale
for purposes of determining the amount of gain not recognized
and the extent to which (if at all) the amount realized on such
sale exceeds the cost of qualified replacement property. The portion
of adjusted basis that is properly allocable to the portion of the
amount realized with respect to which the election is made under
this subsection shall be taken into account for purposes of the
preceding sentence.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to sales after December 31, 2027.
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SEC. 115. WITHDRAWALS FOR CERTAIN EMERGENCY EXPENSES.
Definition.
VerDate Sep 11 2014
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(a) IN GENERAL.—Paragraph (2) of section 72(t) is amended
by adding at the end the following new subparagraph:
‘‘(I)
DISTRIBUTIONS
FOR
CERTAIN
EMERGENCY
EXPENSES.—
‘‘(i) IN GENERAL.—Any emergency personal expense
distribution.
‘‘(ii) ANNUAL LIMITATION.—Not more than 1 distribution per calendar year may be treated as an emergency personal expense distribution by any individual.
‘‘(iii) DOLLAR LIMITATION.—The amount which may
be treated as an emergency personal expense distribution by any individual in any calendar year shall not
exceed the lesser of $1,000 or an amount equal to
the excess of—
‘‘(I) the individual’s total nonforfeitable
accrued benefit under the plan (the individual’s
total interest in the plan in the case of an individual retirement plan), determined as of the date
of each such distribution, over
‘‘(II) $1,000.
‘‘(iv) EMERGENCY PERSONAL EXPENSE DISTRIBUTION.—For purposes of this subparagraph, the term
‘emergency personal expense distribution’ means any
distribution from an applicable eligible retirement plan
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PUBLIC LAW 117–328—DEC. 29, 2022
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) AMOUNT DISTRIBUTED MAY BE REPAID.—Rules
similar to the rules of subparagraph (H)(v) shall apply
with respect to an individual who receives a distribution to which clause (i) applies.
‘‘(vii) LIMITATION ON SUBSEQUENT DISTRIBUTIONS.—If a distribution is treated as an emergency
personal expense distribution in any calendar year
with respect to a plan of the employee, no amount
may be treated as such a distribution during the immediately following 3 calendar years with respect to such
plan unless—
‘‘(I) such previous distribution is fully repaid
to such plan pursuant to clause (vi), or
‘‘(II) the aggregate of the elective deferrals
and employee contributions to the plan (the total
amounts contributed to the plan in the case of
an individual retirement plan) subsequent to such
previous distribution is at least equal to the
amount of such previous distribution which has
not been so repaid.
‘‘(viii) SPECIAL RULES.—Rules similar to the rules
of subclauses (II) and (IV) of subparagraph (H)(vi) shall
apply to any emergency personal expense distribution.’’.
(b) CROSS-REFERENCE.—See section 311 of this Act for amendment to section 72(t)(2)(H)(v)(I) of the Internal Revenue Code of
1986 limiting repayment of distribution to 3 years.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions made after December 31, 2023.
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Applicability.
Time period.
Applicability.
Time period.
26 USC 72 note.
PUBL328
136 STAT. 5298
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 116. ALLOW ADDITIONAL NONELECTIVE CONTRIBUTIONS TO
SIMPLE PLANS.
26 USC 408.
Applicability.
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(a) IN GENERAL.—
(1) MODIFICATION TO DEFINITION.—Subparagraph (A) of section 408(p)(2) is amended by striking ‘‘and’’ at the end of
clause (iii), by redesignating clause (iv) as clause (v), and by
inserting after clause (iii) the following new clause:
‘‘(iv) the employer may make nonelective contributions of a uniform percentage (up to 10 percent) of
compensation for each employee who is eligible to
participate in the arrangement, and who has at least
$5,000 of compensation from the employer for the year,
but such contributions with respect to any employee
shall not exceed $5,000 for the year, and’’.
(2) LIMITATION.—Subparagraph (A) of section 408(p)(2) is
amended by adding at the end the following: ‘‘The compensation
taken into account under clause (iv) for any year shall not
exceed the limitation in effect for such year under section
401(a)(17).’’.
(3) OVERALL DOLLAR LIMIT ON CONTRIBUTIONS.—Paragraph
(8) of section 408(p) is amended to read as follows:
‘‘(8) COORDINATION WITH MAXIMUM LIMITATION.—In the case
of any simple retirement account—
‘‘(A) subsection (a)(1) shall be applied by substituting
for ‘the amount in effect for such taxable year under section
219(b)(1)(A)’ the following: ‘the sum of the dollar amount
in effect under subsection (p)(2)(A)(ii), the employer contribution required under subsection (p)(2)(A)(iii) or
(p)(2)(B)(i), whichever is applicable, and a contribution
which meets the requirement of subsection (p)(2)(A)(iv)
with respect to the employee’, and
‘‘(B) subsection (b)(2)(B) shall be applied by substituting for ‘the dollar amount in effect under section
219(b)(1)(A)’ the following: ‘the sum of the dollar amount
in effect under subsection (p)(2)(A)(ii), the employer contribution required under subsection (p)(2)(A)(iii) or
(p)(2)(B)(i), whichever is applicable, and a contribution
which meets the requirement of subsection (p)(2)(A)(iv)
with respect to the employee’.’’.
(4) ADJUSTMENT FOR INFLATION.—Paragraph (2) of section
408(p), as amended by this Act, is further amended by adding
at the end the following new subparagraph:
‘‘(G) ADJUSTMENT FOR INFLATION.—In the case of taxable years beginning after December 31, 2024, the $5,000
amount in subparagraph (A)(iv)(II) shall be increased by
an amount equal to—
‘‘(i) such amount, multiplied by
‘‘(ii) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
‘2023’ for ‘2016’ in subparagraph (A)(ii) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $100, such amount shall be rounded
to the nearest multiple of $100.’’.
(b) CONFORMING AMENDMENTS.—
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5299
(1) Section 408(p)(2)(A)(v), as redesignated by subsection
(a), is amended by striking ‘‘or (iii)’’ and inserting ‘‘, (iii), or
(iv)’’.
(2) Section 401(k)(11)(B)(i) is amended by striking ‘‘and’’
at the end of subclause (II), by redesignating subclause (III)
as subclause (IV), and by inserting after subclause (II) the
following new subclause:
‘‘(III) the employer may make nonelective contributions of a uniform percentage (up to 10 percent) of compensation, but not to exceed the
amount in effect under section 408(p)(2)(A)(iv) in
any year, for each employee who is eligible to
participate in the arrangement and who has at
least $5,000 of compensation from the employer
for the year, and’’.
(3) Section 401(k)(11)(B)(i)(IV), as redesignated by paragraph (2), is amended by striking ‘‘or (II)’’ and inserting ‘‘,
(II), or (III)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2023.
26 USC 408.
26 USC 401 note.
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SEC. 117. CONTRIBUTION LIMIT FOR SIMPLE PLANS.
(a) IN GENERAL.—Subparagraph (E) of section 408(p)(2) is
amended—
(1) by striking ‘‘amount is’’ and all that follows in clause
(i) and inserting the following: ‘‘dollar amount is—
‘‘(I) the adjusted dollar amount in the case
of an eligible employer described in clause (iii)
which had not more than 25 employees who
received at least $5,000 of compensation from the
employer for the preceding year,
‘‘(II) the adjusted dollar amount in the case
of an eligible employer described in clause (iii)
which is not described in subclause (I) and which
elects, at such time and in such manner as prescribed by the Secretary, the application of this
subclause for the year, and
‘‘(III) $10,000 in any other case.’’,
(2) by redesignating clause (ii) as clause (iii) and by
inserting after clause (i) the following new clause:
‘‘(ii) ADJUSTED DOLLAR AMOUNT.—For purposes of
clause (i), the adjusted dollar amount is an amount
equal to 110 percent of the dollar amount in effect
under clause (i)(III) for calendar year 2024.’’,
(3) by striking ‘‘ADJUSTMENT.—In the case of’’ in clause
(iii), as so redesignated, and inserting ‘‘ADJUSTMENT.—
‘‘(I) CERTAIN LARGE EMPLOYERS.—In the case
of’’,
(4) by striking ‘‘clause (i)’’ in such clause (iii) and inserting
‘‘clause (i)(III)’’, and
(5) by adding at the end of such clause (iii) the following
new subclause:
‘‘(II) OTHER EMPLOYERS.—In the case of a year
beginning after December 31, 2024, the Secretary
shall adjust annually the adjusted dollar amount
under clause (ii) in the manner provided under
subclause (I) of this clause, except that the base
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Effective dates.
PUBL328
136 STAT. 5300
26 USC 414.
Applicability.
Effective dates.
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Applicability.
Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
period taken into account shall be the calendar
quarter beginning July 1, 2023.’’.
(b) CATCH-UP CONTRIBUTIONS.—Paragraph (2) of section 414(v)
is amended—
(1) in subparagraph (B)—
(A) by striking ‘‘the applicable’’ in clause (ii), as
amended by this Act, and inserting ‘‘except as provided
in clause (iii), the applicable’’; and
(B) by adding at the end the following new clause:
‘‘(iii) In the case of an applicable employer plan—
‘‘(I) which is maintained by an eligible
employer described in section 408(p)(2)(E)(i)(I), or
‘‘(II) to which an election under section
408(p)(2)(E)(i)(II) applies for the year (including
a plan described in section 401(k)(11) which is
maintained by an eligible employer described in
section 408(p)(2)(E)(i)(II) and to which such election applies by reason of subparagraphs (B)(i)(I)
and (E) of section 401(k)(11)),
the applicable dollar amount is an amount equal to
110 percent of the dollar amount in effect under clause
(ii) for calendar year 2024.’’, and
(2) in subparagraph (C), as amended by this Act—
(A) by striking ‘‘ADJUSTMENT.—In the case of’’ and
inserting the following: ‘‘ADJUSTMENT.—
‘‘(i) CERTAIN LARGE EMPLOYERS.—In the case of’’,
and
(B) by adding at the end the following new clause:
‘‘(ii) OTHER EMPLOYERS.—In the case of a year
beginning after December 31, 2024, the Secretary shall
adjust annually the dollar amount described in
subparagraph (B)(iii) in the manner provided under
clause (i) of this subparagraph, except that the base
period taken into account shall be the calendar quarter
beginning July 1, 2023.’’.
(c) EMPLOYER MATCH.—Clause (ii) of section 408(p)(2)(C) is
amended—
(1) by striking ‘‘The term’’ in subclause (I) and inserting
‘‘Except as provided in subclause (IV), the term’’,
(2) by adding at the end the following new subclause:
‘‘(IV) SPECIAL RULE FOR ELECTING LARGER
EMPLOYERS.—In the case of an employer which
had more than 25 employees who received at least
$5,000 of compensation from the employer for the
preceding year, and which makes the election
under subparagraph (E)(i)(II) for any year, subclause (I) shall be applied for such year by substituting ‘4 percent’ for ‘3 percent’.’’, and
(3) by striking ‘‘3 percent’’ each place it appears in subclauses (II) and (III) and inserting ‘‘the applicable percentage’’.
(d) INCREASE IN NONELECTIVE EMPLOYER CONTRIBUTION FOR
ELECTING LARGER EMPLOYERS.—Subparagraph (B) of section
408(p)(2) is amended by adding at the end the following new clause:
‘‘(iii) SPECIAL RULE FOR ELECTING LARGER
EMPLOYERS.—In the case of an employer which had
more than 25 employees who received at least $5,000
of compensation from the employer for the preceding
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PUBLIC LAW 117–328—DEC. 29, 2022
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, is further amended by adding at the end
the following new subparagraph:
‘‘(H) 2-YEAR GRACE PERIOD.—An eligible employer
which had not more than 25 employees who received at
least $5,000 of compensation from the employer for 1 or
more years, and which has more than 25 such employees
for any subsequent year, shall be treated for purposes
of subparagraph (E)(i) as having 25 such employees for
the 2 years following the last year the employer had not
more than 25 such employees, and not as having made
the election under subparagraph (E)(i)(II) for such 2 years.
Rules similar to the second sentence of subparagraph
(C)(i)(II) shall apply for purposes of this subparagraph.’’.
(f) AMENDMENTS APPLY ONLY IF EMPLOYER HAS NOT HAD
ANOTHER PLAN WITHIN 3 YEARS.—Subparagraph (E) of section
408(p)(2), as amended by subsection (a), is further amended by
adding at the end the following new clause:
‘‘(iv) EMPLOYER HAS NOT HAD ANOTHER PLAN
WITHIN 3 YEARS.—An eligible employer is described
in this clause only if, during the 3-taxable-year period
immediately preceding the 1st year the employer maintains the qualified salary reduction arrangement under
this paragraph, neither the employer nor any member
of any controlled group including the employer (or any
predecessor of either) established or maintained any
plan described in clause (i), (ii), or (iv) of section
219(g)(5)(A) with respect to which contributions were
made, or benefits were accrued, for substantially the
same employees as are eligible to participate in such
qualified salary reduction arrangement.’’.
(g) CONFORMING AMENDMENTS RELATING TO SIMPLE 401(k)S.—
(1) Subclause (I) of section 401(k)(11)(B)(i) is amended by
inserting ‘‘(after the application of any election under section
408(p)(2)(E)(i)(II))’’ before the comma.
(2) Paragraph (11) of section 401(k) is amended by adding
at the end the following new subparagraph:
‘‘(E) EMPLOYERS ELECTING INCREASED CONTRIBUTIONS.—In the case of an employer which applies an election under section 408(p)(2)(E)(i)(II) for purposes of the
contribution requirements of this paragraph under
subparagraph (B)(i)(I), rules similar to the rules of subparagraphs (B)(iii), (C)(ii)(IV), and (G) of section 408(p)(2) shall
apply for purposes of subparagraphs (B)(i)(II) and (B)(ii)
of this paragraph.’’.
(h) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2023.
(i) REPORTS BY SECRETARY.—
(1) IN GENERAL.—The Secretary of the Treasury shall, not
later than December 31, 2024, and annually thereafter, report
to the Committees on Finance and Health, Education, Labor,
and Pensions of the Senate and the Committees on Ways and
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26 USC 408.
Applicability.
26 USC 401 note.
26 USC 401 note.
Recommendations.
PUBL328
136 STAT. 5302
PUBLIC LAW 117–328—DEC. 29, 2022
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.
26 USC 4972
note.
(a) IN GENERAL.—Subparagraph (B) of section 4972(c)(6) is
amended—
(1) by striking ‘‘408(p)) or’’ and inserting ‘‘408(p)),’’; and
(2) by inserting ‘‘, or a simplified employee pension (within
the meaning of section 408(k))’’ after ‘‘401(k)(11))’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
(2) NO INFERENCE.—Nothing in the amendments made by
this section shall be construed to infer the proper treatment
under section 4972(c)(6) of the Internal Revenue Code of 1986
of nondeductible contributions to which the amendments made
by this section do not apply.
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SEC.
Time period.
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119.
APPLICATION OF SECTION 415 LIMIT FOR CERTAIN
EMPLOYEES OF RURAL ELECTRIC COOPERATIVES.
(a) IN GENERAL.—Section 415(b) is amended by adding at the
end the following new paragraph:
‘‘(12) SPECIAL RULE FOR CERTAIN EMPLOYEES OF RURAL
ELECTRIC COOPERATIVES.—
‘‘(A) IN GENERAL.—Subparagraph (B) of paragraph (1)
shall not apply to a participant in an eligible rural electric
cooperative plan, except in the case of a participant who
was a highly compensated employee (as defined in section
414(q)) of an employer maintaining such plan for the earlier
of—
‘‘(i) the plan year in which the participant terminated employment with such employer, or
‘‘(ii) the plan year in which distributions commence
under the plan with respect to the participant, or
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PUBLIC LAW 117–328—DEC. 29, 2022
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) IN GENERAL.—The term ‘eligible rural electric
cooperative plan’ means a plan maintained by more
than 1 employer, with respect to which at least 85
percent of the employers maintaining the plan are
rural cooperatives described in clause (i) or (ii) of section 401(k)(7)(B) or are a national association of such
a rural cooperative.
‘‘(ii) ELECTION.—An employer maintaining an
eligible rural cooperative plan may elect not to have
subparagraph (A) apply to its employees.
‘‘(C) REGULATIONS.—The Secretary shall prescribe such
regulations and other guidance as are necessary to limit
the application of subparagraph (A) such that it does not
result in increased benefits for highly compensated
employees.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to limitation years ending after the date of the enactment of this Act.
Definition.
Applicability.
26 USC 415 note.
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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).
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PUBL328
136 STAT. 5304
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(B) CONDITIONS FOR AUTOMATIC PORTABILITY TRANSACTIONS.—Subsection (d)(25) shall not apply to an automatic portability transaction unless the following requirements are satisfied:
‘‘(i) ACKNOWLEDGMENT OF FIDUCIARY STATUS.—An
automatic portability provider shall acknowledge in
writing, at such time and format as specified by the
Secretary of Labor, that the provider is a fiduciary
with respect to the individual retirement plan
described in subparagraph (A)(i)(I).
‘‘(ii) FEES.—The fees and compensation received,
directly or indirectly, by the automatic portability provider for services provided in connection with the automatic portability transaction (including any increase
in such fees or compensation and any fees or compensation in connection with, but received before, the transaction)—
‘‘(I) shall not exceed reasonable compensation,
and
‘‘(II) shall be fully disclosed to and approved
in writing in advance of the transaction by a plan
fiduciary of the plan described in subparagraph
(A)(i)(II) which is independent of the automatic
portability provider.
An automatic portability provider shall not receive any
fees or compensation in connection with an automatic
portability transaction involving a plan which is sponsored or maintained by the automatic portability provider.
‘‘(iii) DATA USAGE.—The automatic portability provider shall not market or sell data relating to the
individual retirement plan described in subparagraph
(A)(i)(I) or to the participants of the plan described
in subparagraph (A)(i)(II).
‘‘(iv) OPEN PARTICIPATION.—The automatic portability provider shall offer automatic portability transactions on the same terms to any plan described in
subparagraph (A)(i)(II).
‘‘(v) PRE-TRANSACTION NOTICE.—At least 60 days
in advance of an automatic portability transaction, the
automatic portability provider shall provide notice to
the individual on whose behalf the individual retirement plan described in subparagraph (A)(i)(I) is established which includes—
‘‘(I) a description of the automatic portability
transaction and a complete and accurate statement
of all fees which will be charged and all compensation which will be received in connection with the
transaction,
‘‘(II) a clear and prominent description of the
individual’s right to affirmatively elect not to
participate in the transaction as well as the other
available distribution options, the deadline by
which the individual must make an election, the
procedures for such an election, and a telephone
number for the automatic portability provider that
the individual may call to make such election,
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PUBLIC LAW 117–328—DEC. 29, 2022
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) POST-TRANSACTION NOTICE.—Not later than
3 business days after an automatic portability transaction, the automatic portability provider shall provide
notice to the individual on whose behalf the individual
retirement plan described in subparagraph (A)(i)(I) is
established of—
‘‘(I) the actions taken by the automatic portability provider with respect to the individual’s
account,
‘‘(II) all relevant information regarding the
location and amount of any transferred assets,
‘‘(III) a statement of fees charged against the
account by the automatic portability provider or
its affiliates in connection with the transfer,
‘‘(IV) a telephone number at which the individual can contact the automatic portability provider, and
‘‘(V) such other disclosures as the Secretary
of Labor may require by regulation.
‘‘(vii)
NOTICE
REQUIREMENTS.—The
notices
required under clauses (v) and (vi) shall be written
in a manner calculated to be understood by the average
person and shall not include inaccurate or misleading
statements.
‘‘(viii) FREQUENCY OF SEARCHES.—The automatic
portability provider shall query on at least a monthly
basis whether any individual with an individual retirement plan described in subparagraph (A)(i)(I) has an
account in a plan described in subparagraph (A)(i)(II).
‘‘(ix) TIMELINESS OF EXECUTION.—After liquidating
the assets of an individual retirement plan described
in subparagraph (A)(i)(I) to cash, an automatic portability provider shall transfer the account balance of
such plan as soon as practicable to the plan described
in subparagraph (A)(i)(II).
‘‘(x) LIMITATION ON EXERCISE OF DISCRETION.—The
automatic portability provider shall neither have nor
exercise discretion to affect the timing or amount of
the transfer pursuant to an automatic portability
transaction other than to deduct the appropriate fees
as described in clause (ii).
‘‘(xi) RECORD RETENTION AND AUDITS.—
‘‘(I) IN GENERAL.—An automatic portability
provider shall, for not less than 6 years after the
automatic portability transaction has occurred,
maintain the records sufficient to demonstrate the
terms of this subparagraph have been met. The
automatic portability provider shall make such
records available to any authorized employee of
the Department of the Treasury or the Department
of Labor within 30 calendar days of the date of
a written request for such records.
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Deadline.
Time period.
Deadline.
PUBL328
136 STAT. 5306
Regulations.
Compliance.
Lists.
Deadline.
Guidance.
Requirements.
26 USC 4975
note.
Plan.
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Plan.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(II) AUDITS.—An automatic portability provider shall conduct an annual audit, in accordance
with regulations promulgated by the Secretary of
Labor, of automatic portability transactions occurring during the calendar year to demonstrate
compliance with this paragraph and any regulations thereunder and identify any instances of noncompliance therewith, and shall submit such audit
annually to the Secretary of Labor, in such form
and manner as specified by such Secretary.
‘‘(xii) WEBSITE.—The automatic portability provider shall maintain a website which contains—
‘‘(I) a list of recordkeepers for each plan
described in subparagraph (A)(i)(II) with respect
to which the provider carries out automatic portability transactions, and
‘‘(II) a list of all fees described in clause (ii)(II)
paid to the provider.’’.
(c) REGULATORY AUTHORITY.—Not later than 12 months after
the date of the enactment of this Act, the Secretary of Labor
shall issue such guidance as may be necessary to carry out the
purposes of the amendments made by this section, including regulations or other guidance which—
(1) require an automatic portability provider to provide
a notice to individuals on whose behalf the individual retirement plan described in paragraph (12)(A)(i)(I) of section 4975(f)
of the Internal Revenue Code of 1986, as added by this section,
is established in advance of the notices specified in paragraph
(12)(B)(v) of such section, as so added,
(2) require an automatic portability provider to disclose
to plans described in paragraph (12)(A)(i)(II) of section 4975(f)
of the Internal Revenue Code of 1986, as added by this section,
information required to be provided by a covered service provider pursuant to section 2550.408b–2(c) of title 29, Code of
Federal Regulations,
(3) require a plan described in such paragraph (12)(A)(i)(II),
as so added, to fully disclose fees related to an automatic
portability transaction in its summary plan description or summary of material modifications, as relevant,
(4) require a plan described in such paragraph, as so added,
to invest amounts received on behalf of a participant pursuant
to an automatic portability transaction in the participant’s current investment election under the plan or, if no election is
made or permitted, in the plan’s qualified default investment
alternative (within the meaning of section 2550.404c–5 of title
29, Code of Federal Regulations) or another investment selected
by a fiduciary with respect to such plan,
(5) prohibit or restrict the receipt or payment of third
party compensation (other than a direct fee paid by a plan
sponsor which is in lieu of a fee imposed on an individual
retirement plan owner) by an automatic portability provider
in connection with an automatic portability transaction,
(6) prohibit exculpatory provisions in an automatic portability provider’s contracts or communications with individuals
disclaiming or limiting its liability in the event that an automatic portability transaction results in an improper transfer,
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PUBLIC LAW 117–328—DEC. 29, 2022
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) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 2 years after the date
of the first audit report received by the Secretary of Labor
from any automatic portability provider, and every 3 years
thereafter, the Secretary of Labor shall report to the Committees on Health, Education, Labor and Pensions and Finance
of the Senate and the Committees on Education and Labor
and Ways and Means of the House of Representatives on—
(A) the effectiveness of automatic portability transactions under the exemption provided by paragraph (25)
of section 4975(d) of the Internal Revenue Code of 1986,
as added by this section, detailing—
(i) the number of automatic cash outs from qualified plans to individual retirement plans described in
section 4975(f)(12)(A)(i)(I) of such Code,
(ii) the number of completed automatic portability
transactions to employer-sponsored retirement plans
described in section 4975(f)(12)(A)(i)(II) of such Code,
(iii) the number of individual retirement plans
described in section 4975(f)(12)(A)(i)(I) of such Code
which have been transferred to designated beneficiaries,
(iv) the number of individual retirement plans
described in section 4975(f)(12)(A)(i)(I) of such Code
for which the automatic portability provider is
searching for next of kin due to a deceased account
holder without a designated beneficiary, and
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26 USC 4975
note.
Summaries.
PUBL328
136 STAT. 5308
Recommendations.
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26 USC 4975
note.
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PUBLIC LAW 117–328—DEC. 29, 2022
(v) the number of accounts that were reduced to
a zero balance while in the automatic portability provider’s custody;
(B) a summary of any consumer complaints submitted
to the Employee Benefits Security Administration
regarding automatic portability transactions;
(C) a summary of compliance issues found in the
annual audit described in section 4975(f)(12)(B)(xiii)(II) of
such Code, if any, and their corrections;
(D) a summary of the fees individuals are charged
in connection with automatic portability transactions,
including whether those fees have increased since the last
report;
(E) recommendations of any necessary statutory
changes to this exemption to improve the effectiveness
of automatic portability transactions, including repeal of
this provision in the event of a pattern of noncompliance;
and
(F) any other information the Secretary of Labor deems
important.
The report required by this subsection shall be made publicly
available.
(2) REPORT ON NOTICES RELATING TO AUTOMATIC TRANSFERS.—Not later than 2 years after the date of the enactment
of this Act, the Secretary of Treasury shall report to the Committee on Finance of the Senate and the Committee on Ways
and Means on the adequacy of the notices relating to transfers
under section 401(a)(31)(B)(i) of the Internal Revenue Code
of 1986.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to transactions occurring on or after the date which
is 12 months after the date of the enactment of this Act.
Definitions.
SEC. 121. STARTER 401(k) PLANS FOR EMPLOYERS WITH NO RETIREMENT PLAN.
26 USC 401.
(a) IN GENERAL.—Section 401(k) is amended by adding at the
end the following new paragraph:
‘‘(16) STARTER 401(k) DEFERRAL-ONLY PLANS FOR
EMPLOYERS WITH NO RETIREMENT PLAN.—
‘‘(A) IN GENERAL.—A starter 401(k) deferral-only
arrangement maintained by an eligible employer shall be
treated as meeting the requirements of paragraph (3)(A)(ii).
‘‘(B) STARTER 401(k) DEFERRAL-ONLY ARRANGEMENT.—
For purposes of this paragraph, the term ‘starter 401(k)
deferral-only arrangement’ means any cash or deferred
arrangement which meets—
‘‘(i) the automatic deferral requirements of
subparagraph (C),
‘‘(ii) the contribution limitations of subparagraph
(D), and
‘‘(iii) the requirements of subparagraph (E) of paragraph (13).
‘‘(C) AUTOMATIC DEFERRAL.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if, under the arrangement, each
eligible employee is treated as having elected to have
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PUBLIC LAW 117–328—DEC. 29, 2022
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) COST-OF-LIVING ADJUSTMENT.—In the case of
any calendar year beginning after December 31, 2024,
the $6,000 amount under clause (i) shall be adjusted
in the same manner as under section 402(g)(4), except
that ‘2023’ shall be substituted for ‘2005’.
‘‘(iii) CATCH-UP CONTRIBUTIONS FOR INDIVIDUALS
AGE 50 OR OVER.—In the case of an individual who
has attained the age of 50 before the close of the
taxable year, the limitation under clause (i)(II) shall
be increased by the applicable amount determined
under section 219(b)(5)(B)(ii) (after the application of
section 219(b)(5)(C)(iii)).
‘‘(E) ELIGIBLE EMPLOYER.—For purposes of this paragraph—
‘‘(i) IN GENERAL.—The term ‘eligible employer’
means any employer if the employer does not maintain
a qualified plan with respect to which contributions
are made, or benefits are accrued, for service in the
year for which the determination is being made. If
only individuals other than employees described in
subparagraph (A) of section 410(b)(3) are eligible to
participate in such arrangement, then the preceding
sentence shall be applied without regard to any qualified plan in which only employees described in such
subparagraph are eligible to participate.
‘‘(ii) RELIEF FOR ACQUISITIONS, ETC.—Rules similar
to the rules of section 408(p)(10) shall apply for purposes of clause (i).
‘‘(iii) QUALIFIED PLAN.—The term ‘qualified plan’
means a plan, contract, pension, account, or trust
described in subparagraph (A) or (B) of paragraph
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Effective date.
Applicability.
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26 USC 403.
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PUBLIC LAW 117–328—DEC. 29, 2022
(5) of section 219(g) (determined without regard to
the last sentence of such paragraph (5)).
‘‘(F) ELIGIBLE EMPLOYEE.—For purposes of this paragraph—
‘‘(i) IN GENERAL.—The term ‘eligible employee’
means any employee of the employer who meets the
minimum age and service conditions described in section 410(a)(1).
‘‘(ii) EXCLUSIONS.—The employer may elect to
exclude from such definition any employee described
in paragraph (3) or (4) of section 410(b).’’.
(b) CERTAIN ANNUITY CONTRACTS.—Section 403(b), as amended
by the preceding provision of this Act, is further amended by adding
at the end the following new paragraph:
‘‘(16) SAFE HARBOR DEFERRAL-ONLY PLANS FOR EMPLOYERS
WITH NO RETIREMENT PLAN.—
‘‘(A) IN GENERAL.—A safe harbor deferral-only plan
maintained by an eligible employer shall be treated as
meeting the requirements of paragraph (12).
‘‘(B) SAFE HARBOR DEFERRAL-ONLY PLAN.—For purposes
of this paragraph, the term ‘safe harbor deferral-only plan’
means any plan which meets—
‘‘(i) the automatic deferral requirements of
subparagraph (C),
‘‘(ii) the contribution limitations of subparagraph
(D), and
‘‘(iii) the requirements of subparagraph (E) of section 401(k)(13).
‘‘(C) AUTOMATIC DEFERRAL.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if, under the plan, each eligible
employee is treated as having elected to have the
employer make elective contributions in an amount
equal to a qualified percentage of compensation.
‘‘(ii) ELECTION OUT.—The election treated as
having been made under clause (i) shall cease to apply
with respect to any eligible employee if such eligible
employee makes an affirmative election—
‘‘(I) to not have such contributions made, or
‘‘(II) to make elective contributions at a level
specified in such affirmative election.
‘‘(iii) QUALIFIED PERCENTAGE.—For purposes of this
subparagraph, the term ‘qualified percentage’ means,
with respect to any employee, any percentage determined under the plan if such percentage is applied
uniformly and is not less than 3 or more than 15
percent.
‘‘(D) CONTRIBUTION LIMITATIONS.—
‘‘(i) IN GENERAL.—The requirements of this
subparagraph are met if, under the plan—
‘‘(I) the only contributions which may be made
are elective contributions of eligible employees, and
‘‘(II) the aggregate amount of such elective
contributions which may be made with respect
to any employee for any calendar year shall not
exceed $6,000.
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136 STAT. 5311
‘‘(ii) COST-OF-LIVING ADJUSTMENT.—In the case of
any calendar year beginning after December 31, 2024,
the $6,000 amount under clause (i) shall be adjusted
in the same manner as under section 402(g)(4), except
that ‘2023’ shall be substituted for ‘2005’.
‘‘(iii) CATCH-UP CONTRIBUTIONS FOR INDIVIDUALS
AGE 50 OR OVER.—In the case of an individual who
has attained the age of 50 before the close of the
taxable year, the limitation under clause (i)(II) shall
be increased by the applicable amount determined
under section 219(b)(5)(B)(ii) (after the application of
section 219(b)(5)(C)(iii)).
‘‘(E) ELIGIBLE EMPLOYER.—For purposes of this paragraph—
‘‘(i) IN GENERAL.—The term ‘eligible employer’
means any employer if the employer does not maintain
a qualified plan with respect to which contributions
are made, or benefits are accrued, for service in the
year for which the determination is being made. If
only individuals other than employees described in
subparagraph (A) of section 410(b)(3) are eligible to
participate in such arrangement, then the preceding
sentence shall be applied without regard to any qualified plan in which only employees described in such
subparagraph are eligible to participate.
‘‘(ii) RELIEF FOR ACQUISITIONS, ETC.—Rules similar
to the rules of section 408(p)(10) shall apply for purposes of clause (i).
‘‘(iii) QUALIFIED PLAN.—The term ‘qualified plan’
means a plan, contract, pension, account, or trust
described in subparagraph (A) or (B) of paragraph
(5) of section 219(g) (determined without regard to
the last sentence of such paragraph (5)).
‘‘(F) ELIGIBLE EMPLOYEE.—For purposes of this paragraph, the term ‘eligible employee’ means any employee
of the employer other than an employee who is permitted
to be excluded under paragraph (12)(A).’’.
(c) STARTER AND SAFE HARBOR PLANS NOT TREATED AS TOPHEAVY PLANS.—Subparagraph (H) of section 416(g)(4) is amended—
(1) by striking ‘‘ARRANGEMENTS’’ in the heading and
inserting ‘‘ARRANGEMENTS OR PLANS’’,
(2) by striking ‘‘, and’’ at the end of clause (i) and inserting
‘‘and matching contributions with respect to which the requirements of paragraph (11), (12), or (13) of section 401(m) are
met, or’’, and
(3) by striking clause (ii) and inserting after clause (i)
the following new clause:
‘‘(ii) a starter 401(k) deferral-only arrangement
described in section 401(k)(16)(B) or a safe harbor
deferral-only plan described in section 403(b)(16).’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
Effective date.
Applicability.
26 USC 416.
26 USC 401 note.
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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:
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136 STAT. 5312
Deadline.
Regulations.
Guidance.
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Reports.
Time period.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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, coowner, or beneficiary (as applicable) of such bond; or
‘‘(II) if such information is available to the Secretary, the
last known address for the registered owner, co-owner, or beneficiary (as applicable) of such bond.
‘‘(ii) For purposes of clause (i), if the information described
in subclause (II) of clause (i) with respect to any individual is
available to the Secretary, subclause (I) of such clause shall not
apply.
‘‘(2)(A) Not later than 12 months after the date of enactment
of this subsection, the Secretary shall prescribe such regulations
or other guidance as may be necessary to carry out the purposes
of this subsection, including rules to—
‘‘(i) protect the privacy of the owners of applicable savings
bonds;
‘‘(ii) prevent fraud; and
‘‘(iii) ensure that any information provided to a State under
this subsection shall be used solely to carry out the purposes
of this subsection.
‘‘(B) Except as deemed necessary to protect privacy or prevent
fraud or misuse of savings bond information, any regulations or
guidance prescribed by the Secretary pursuant to subparagraph
(A) shall not have the effect of prohibiting, restricting, or otherwise
preventing a State from obtaining all information described in
paragraph (1)(A).
‘‘(3) Not later than 12 months after the date of enactment
of this subsection, and annually thereafter for each year during
the 5-year period beginning after the date of enactment of this
subsection, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the
Committee on Ways and Means of the House of Representatives,
and the Committee on Finance of the Senate a report assessing
all efforts to satisfy the requirement under paragraph (1)(A).
‘‘(4) Any State that receives information described in paragraph
(1)(A) with respect to an applicable savings bond may use such
information to locate the owner of such bond pursuant to the
same standards and requirements as are applicable under—
‘‘(A) the abandoned property rules and regulations of such
State; and
‘‘(B) any regulations or guidance promulgated under this
subsection.
‘‘(5) For purposes of this subsection, the Secretary may disclose
to the public any information with respect to any applicable savings
bond which a State may disclose to the public pursuant to paragraph
(4).
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5313
‘‘(6) For purposes of this subsection, the term ‘applicable savings
bond’ means a savings bond which—
‘‘(A) is more than 3 years past its date of final maturity;
‘‘(B)(i) is in paper form; or
‘‘(ii) is in paperless or electronic form and for which—
‘‘(I) there is no designated bank account or routing
information; or
‘‘(II) the designated bank account or routing information is incorrect; and
‘‘(C) has not been redeemed.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on the date of enactment of this Act.
Definition.
31 USC 3105
note.
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SEC. 123. CERTAIN SECURITIES TREATED AS PUBLICLY TRADED IN
CASE OF EMPLOYEE STOCK OWNERSHIP PLANS.
(a) IN GENERAL.—Section 401(a)(35) is amended by adding at
the end the following new subparagraph:
‘‘(I) ESOP RULES RELATING TO PUBLICLY TRADED SECURITIES.—In the case of an applicable defined contribution
plan which is an employee stock ownership plan, an
employer security shall be treated as described in subparagraph (G)(v) if—
‘‘(i) the security is the subject of priced quotations
by at least 4 dealers, published and made continuously
available on an interdealer quotation system (as such
term is used in section 13 of the Securities Exchange
Act of 1934) which has made the request described
in section 6(j) of such Act to be treated as an alternative
trading system,
‘‘(ii) the security is not a penny stock (as defined
by section 3(a)(51) of such Act),
‘‘(iii) the security is issued by a corporation which
is not a shell company (as such term is used in section
4(d)(6) of the Securities Act of 1933), a blank check
company (as defined in section 7(b)(3) of such Act),
or subject to bankruptcy proceedings,
‘‘(iv) the security has a public float (as such term
is used in section 240.12b-2 of title 17, Code of Federal
Regulations) which has a fair market value of at least
$1,000,000 and constitutes at least 10 percent of the
total shares issued and outstanding.
‘‘(v) in the case of a security issued by a domestic
corporation, the issuer publishes, not less frequently
than annually, financial statements audited by an independent auditor registered with the Public Company
Accounting Oversight Board established under the Sarbanes-Oxley Act of 2002, and
‘‘(vi) in the case of a security issued by a foreign
corporation, the security is represented by a depositary
share (as defined under section 240.12b-2 of title 17,
Code of Federal Regulations), or is issued by a foreign
corporation incorporated in Canada and readily
tradeable on an established securities market in
Canada, and the issuer—
‘‘(I) is subject to, and in compliance with, the
reporting requirements of section 13 or 15(d) of
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26 USC 401.
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PUBLIC LAW 117–328—DEC. 29, 2022
the Securities Exchange Act of 1934 (15 U.S.C.
78m or 78o(d)),
‘‘(II) is subject to, and in compliance with,
the reporting requirements of section 230.257 of
title 17, Code of Federal Regulations, or
‘‘(III) is exempt from such requirements under
section 240.12g3–2(b) of title 17, Code of Federal
Regulations.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2027.
SEC. 124. MODIFICATION OF AGE REQUIREMENT FOR QUALIFIED ABLE
PROGRAMS.
26 USC 529A
note.
(a) IN GENERAL.—Section 529A(e) is amended by striking ‘‘age
26’’ each place it appears in paragraphs (1)(A) and (2)(A)(i)(II)
and inserting ‘‘age 46’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 125. IMPROVING COVERAGE FOR PART-TIME WORKERS.
Time period.
Applicability.
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Determination.
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(a) IN GENERAL.—
(1) EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.—Section 202 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052) is amended by adding at
the end the following new subsection:
‘‘(c) SPECIAL RULE FOR CERTAIN PART-TIME EMPLOYEES.—
‘‘(1) IN GENERAL.—A pension plan that includes either a
qualified cash or deferred arrangement (as defined in section
401(k) of the Internal Revenue Code of 1986) or a salary reduction agreement (as described in section 403(b) of such Code)
shall not require, as a condition of participation in the arrangement or agreement, that an employee complete a period of
service with the employer (or employers) maintaining the plan
extending beyond the close of the earlier of—
‘‘(A) the period permitted under subsection (a)(1)
(determined without regard to subparagraph (B)(i) thereof);
or
‘‘(B) the first 24-month period—
‘‘(i) consisting of 2 consecutive 12-month periods
during each of which the employee has at least 500
hours of service; and
‘‘(ii) by the close of which the employee has met
the requirement of subsection (a)(1)(A)(i).
‘‘(2) EXCEPTION.—Paragraph (1)(B) shall not apply to any
employee described in section 410(b)(3) of the Internal Revenue
Code of 1986.
‘‘(3) COORDINATION WITH TIME OF PARTICIPATION RULES.—
In the case of employees who are eligible to participate in
the arrangement or agreement solely by reason of paragraph
(1)(B), or by reason of such paragraph and section
401(k)(2)(D)(ii) of such Code, the rules of subsection (a)(4) shall
apply to such employees.
‘‘(4) 12-MONTH PERIOD.—For purposes of this subsection,
12-month periods shall be determined in the same manner
as under the last sentence of subsection (a)(3)(A), except that
12-month periods beginning before January 1, 2023, shall not
be taken into account.’’.
(2) INTERNAL REVENUE CODE OF 1986.—
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5315
(A) IN GENERAL.—Section 403(b)(12) is amended by
adding at the end the following new subparagraph:
‘‘(D) RULES RELATING TO CERTAIN PART-TIME
EMPLOYEES.—
‘‘(i) IN GENERAL.—In the case of employees who
are eligible to participate in the agreement solely by
reason of section 202(c)(1)(B) of the Employee Retirement Income Security Act of 1974—
‘‘(I) notwithstanding section 401(a)(4), an
employer shall not be required to make nonelective
or matching contributions on behalf of such
employees even if such contributions are made
on behalf of other employees eligible to participate
in the plan, and
‘‘(II) the employer may elect to exclude such
employees from the application of subsections
(a)(4), (k)(3), (k)(12), (k)(13), and (m)(2) of section
401 and section 410(b).’’.
(B) CONFORMING AMENDMENT.—
(i) The last sentence of section 403(b)(12)(A), as
amended by this Act, is further amended by inserting
‘‘and section 202(c) of the Employee Retirement Income
Security Act of 1974’’ after ‘‘under section 410(b)(4)’’.
(ii) Section 401(k)(15)(B)(i) is amended by inserting
‘‘, or by reason of such paragraph and section
202(c)(1)(B) of the Employee Retirement Income Security Act of 1974’’ after ‘‘paragraph (2)(D)(ii)’’.
(b) VESTING.—Section 203(b) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1053(b)) is amended by
redesignating paragraph (4) as paragraph (5) and by inserting
after paragraph (3) the following new paragraph:
‘‘(4) PART-TIME EMPLOYEES.—For purposes of determining
whether an employee who became eligible to participate in
a qualified cash or deferred arrangement or a salary reduction
agreement under a plan solely by reason of section 202(c)(1)(B)
has a nonforfeitable right to employer contributions—
‘‘(A) except as provided in subparagraph (B), each 12month period for which the employee has at least 500
hours of service shall be treated as a year of service;
and
‘‘(B) paragraph (3) shall be applied by substituting
‘at least 500 hours of service’ for ‘more than 500 hours
of service’ in subparagraph (A) thereof.
For purposes of this paragraph, 12-month periods shall be
determined in the same manner as under the last sentence
of section 202(a)(3)(A), except that 12-month periods beginning
before January 1, 2023, shall not be taken into account.’’.
(c) REDUCTION IN PERIOD SERVICE REQUIREMENT FOR QUALIFIED
CASH AND DEFERRED ARRANGEMENTS.—Section 401(k)(2)(D)(ii) is
amended by striking ‘‘3’’ and inserting ‘‘2’’.
(d) PRE-2021 SERVICE.—Section 112(b) of the Setting Every
Community Up for Retirement Enhancement Act of 2019 (26 U.S.C.
401 note) is amended by striking ‘‘section 401(k)(2)(D)(ii)’’ and
inserting ‘‘paragraphs (2)(D)(ii) and (15)(B)(iii) of section 401(k)’’.
(e) COORDINATION WITH RULES FOR TOP-HEAVY PLANS.—
Subparagraph (H) of section 416(g)(4), as amended by this Act,
is further amended by inserting before ‘‘If, but’’ the following: ‘‘Such
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26 USC 403.
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Time periods.
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26 USC 401 note.
PUBLIC LAW 117–328—DEC. 29, 2022
term shall not include a plan solely because such plan does not
provide nonelective or matching contributions to employees
described in section 401(k)(15)(B)(i).’’.
(f) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall apply to plan years
beginning after December 31, 2024.
(2) SUBSECTION (d) AND (e).—The amendments made by
subsections (d) and (e) shall take effect as if included in the
enactment of section 112 of the Setting Every Community Up
for Retirement Enhancement Act of 2019.
SEC. 126. SPECIAL RULES FOR CERTAIN DISTRIBUTIONS FROM LONGTERM QUALIFIED TUITION PROGRAMS TO ROTH IRAS.
Time periods.
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Applicability.
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(a) IN GENERAL.—Paragraph (3) of section 529(c) is amended
by adding at the end the following new subparagraph:
‘‘(E) SPECIAL ROLLOVER TO ROTH IRAS FROM LONG-TERM
QUALIFIED TUITION PROGRAMS.—
‘‘(i) IN GENERAL.—In the case of a distribution
from a qualified tuition program of a designated beneficiary which has been maintained for the 15-year
period ending on the date of such distribution, subparagraph (A) shall not apply to so much the portion of
such distribution which—
‘‘(I) does not exceed the aggregate amount
contributed to the program (and earnings attributable thereto) before the 5-year period ending
on the date of the distribution, and
‘‘(II) is paid in a direct trustee-to-trustee
transfer to a Roth IRA maintained for the benefit
of such designated beneficiary.
‘‘(ii) LIMITATIONS.—
‘‘(I) ANNUAL LIMITATION.—Clause (i) shall only
apply to so much of any distribution as does not
exceed the amount applicable to the designated
beneficiary under section 408A(c)(2) for the taxable
year (reduced by the amount of aggregate contributions made during the taxable year to all individual retirement plans maintained for the benefit
of the designated beneficiary).
‘‘(II) AGGREGATE LIMITATION.—This subparagraph shall not apply to any distribution described
in clause (i) to the extent that the aggregate
amount of such distributions with respect to the
designated beneficiary for such taxable year and
all prior taxable years exceeds $35,000.’’.
(b) TREATMENT UNDER ROTH IRA RULES.—
(1) IN GENERAL.—Paragraph (1) of section 408A(e) is
amended—
(A) by striking the period at the end of subparagraph
(B) and inserting ‘‘, and’’,
(B) by inserting after subparagraph (B) the following
new subparagraph:
‘‘(C) from a qualified tuition program to the extent
provided in section 529(c)(3)(E).’’, and
(C) by adding at the end the following new sentence:
‘‘The earnings and contributions of any qualified tuition
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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) is amended—
(i) by striking ‘‘A qualified rollover contribution’’
and inserting the following:
‘‘(i) IN GENERAL.—A qualified rollover contribution’’, and
(ii) by adding at the end the following:
‘‘(ii) EXCEPTION FOR ROLLOVERS FROM QUALIFIED
TUITION PROGRAMS.—Clause (i) shall not apply to any
qualified rollover contribution described in subsection
(e)(1)(C).’’.
(B) WAIVER OF ROTH IRA INCOME LIMITATION.—Section
408A(c)(3) is amended by adding at the end the following
new subparagraph:
‘‘(E) SPECIAL RULE FOR CERTAIN TRANSFERS FROM
QUALIFIED TUITION PROGRAMS.—The amount determined
under subparagraph (A) shall be increased by the lesser
of—
‘‘(i) the amount of contributions described in section 529(c)(3)(E) for the taxable year, or
‘‘(ii) the amount of the reduction determined under
such subparagraph (determined without regard to this
subparagraph).’’.
(c) REPORTING.—Section 529(d) is amended—
(1) by striking ‘‘Each officer’’ and inserting the following:
‘‘(1) IN GENERAL.—Each officer’’,
(2) by striking ‘‘by this subsection’’ and inserting ‘‘by this
paragraph’’, and
(3) by adding at the end the following new paragraph:
‘‘(2) ROLLOVER DISTRIBUTIONS.—In the case of any distribution described in subsection (c)(3)(E), the officer or employee
having control of the qualified tuition program (or their designee) shall provide a report to the trustee of the Roth IRA
to which the distribution is made. Such report shall be filed
at such time and in such manner as the Secretary may require
and shall include information with respect to the contributions,
distributions, and earnings of the qualified tuition program
as of the date of the distribution described in subsection
(c)(3)(A), together with such other matters as the Secretary
may require.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to distributions after December 31, 2023.
26 USC 408A.
Reports.
26 USC 408A
note.
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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 shortterm savings account established and maintained as part of
an individual account plan, in accordance with section 801,
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136 STAT. 5318
PUBLIC LAW 117–328—DEC. 29, 2022
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
29 USC 1193.
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Definition.
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‘‘SEC. 801. PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.
‘‘(a) IN GENERAL.—A plan sponsor of an individual account
plan may—
‘‘(1) include in such individual account plan a pensionlinked emergency savings account meeting the requirements
of subsection (c); and
‘‘(2)(A) offer to enroll an eligible participant in such pension-linked emergency savings account; or
‘‘(B) automatically enroll an eligible participant in such
account pursuant to an automatic contribution arrangement
described in paragraph (2) of subsection (c).
‘‘(b) ELIGIBLE PARTICIPANT.—
‘‘(1) IN GENERAL.—For purposes of this part, the term
‘eligible participant’, with regard to an individual account plan,
means an individual who—
‘‘(A) meets any age, service, and other eligibility
requirements of the plan; and
‘‘(B) is not a highly compensated employee.
‘‘(2) ELIGIBLE PARTICIPANT WHO BECOMES A HIGHLY COMPENSATED EMPLOYEE.—Notwithstanding paragraph (1)(B), an
individual who is enrolled in a pension-linked emergency
savings account and thereafter becomes a highly compensated
employee may not make further contributions to such account,
but retains the right to withdraw any account balance of such
account in accordance with subsection (c)(1)(A)(ii).
‘‘(3) DEFINITION.—For purposes of this subsection, the term
‘highly compensated employee’ has the meaning given the term
in section 414(q) of the Internal Revenue Code of 1986.
‘‘(c) ACCOUNT REQUIREMENTS.—
‘‘(1) IN GENERAL.—A pension-linked emergency savings
account—
‘‘(A) shall—
‘‘(i) not have a minimum contribution or account
balance requirement;
‘‘(ii) allow for withdrawal by the participant of
the account balance, in whole or in part at the discretion of the participant, at least once per calendar month
and for distribution of such withdrawal to the participant as soon as practicable from the date on which
the participant elects to make such withdrawal; and
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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
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PUBL328
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) 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
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PUBLIC LAW 117–328—DEC. 29, 2022
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 shortterm, 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
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136 STAT. 5322
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Definition.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 PENSIONLINKED EMERGENCY SAVINGS ACCOUNT.—
‘‘(A) IN GENERAL.—If an employer makes any matching
contributions to an individual account plan of which a
pension-linked emergency savings account is part, subject
to the limitations of paragraph (1)(A), the employer shall
make matching contributions on behalf of a participant
on account of the contributions by the participant to the
pension-linked emergency savings account at the same rate
as any other matching contribution on account of an elective contribution by such participant. The matching contributions shall be made to the participant’s account under
the individual account plan that is not the pension-linked
emergency savings account. Such matching contributions
on account of contributions under paragraph (1)(A) shall
not exceed the maximum account balance under paragraph
(1)(A) for such plan year.
‘‘(B) COORDINATION RULE.—For purposes of any
applicable limitation on matching contributions, any
matching contributions made under the plan shall be
treated first as attributable to the elective deferrals of
the participant other than contributions to a pension-linked
emergency savings account.
‘‘(C) MATCHING CONTRIBUTIONS.—For purposes of
subparagraph (A), the term ‘matching contribution’ has
the meaning given such term in section 401(m)(4) of the
Internal Revenue Code of 1986.
‘‘(e) ACCOUNT BALANCE AFTER TERMINATION.—Upon termination of employment of the participant, or termination by the
plan sponsor of the pension-linked emergency savings account, the
pension-linked emergency savings account of such participant in
an individual account plan shall—
‘‘(1) allow, at the election of the participant, for transfer
by the participant of the account balance of such account,
in whole or in part, into another designated Roth account
of the participant under the individual account plan; and
‘‘(2) for any amounts in such account not transferred under
paragraph (1), make such amounts available within a reasonable time to the participant.
‘‘(f) ANTI-ABUSE RULES.—
‘‘(1) IN GENERAL.—A plan of which a pension-linked emergency savings account is part—
‘‘(A) may employ reasonable procedures to limit the
frequency or amount of matching contributions with respect
to contributions to such account, solely to the extent necessary to prevent manipulation of the rules of the plan
to cause matching contributions to exceed the intended
amounts or frequency; and
‘‘(B) shall not be required to suspend matching contributions following any participant withdrawal of contributions, including elective deferrals and employee contributions, whether or not matched and whether or not made
pursuant to an automatic contribution arrangement
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5323
described in section 402A(e)(4) of the Internal Revenue
Code of 1986.
‘‘(2) REGULATIONS OR OTHER GUIDANCE.—The Secretary of
the Treasury, in consultation with the Secretary of Labor, shall
issue regulations or other guidance not later than 12 months
after the date of the enactment of the SECURE 2.0 Act of
2022 with respect to the anti-abuse rules described in paragraph (1).
‘‘SEC. 802. PREEMPTION OF STATE ANTI-GARNISHMENT LAWS.
29 USC 1193a.
‘‘Notwithstanding any other provision of law, this part shall
supersede any law of a State which would directly or indirectly
prohibit or restrict the use of an automatic contribution arrangement, described in section 801(d)(2), for a pension-linked emergency
savings account. The Secretary may promulgate regulations to
establish minimum standards that such an arrangement would
be required to satisfy in order for this subsection to apply with
respect to such an account.
‘‘SEC. 803. REPORTING AND DISCLOSURE REQUIREMENTS.
804.
REPORT TO
ACCOUNTS.
CONGRESS
ON
EMERGENCY
SAVINGS
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‘‘The Secretary of Labor and the Secretary of the Treasury
shall—
‘‘(1) conduct a study on the use of emergency savings from
individual account plan accounts, including emergency savings
from a pension-linked emergency savings account regarding—
‘‘(A) whether the amount of the dollar limitation under
section 801(d)(1)(A) is sufficient;
‘‘(B) whether the limitation on the contribution rate
under section 801(d)(2)(A) is appropriate; and
‘‘(C) the extent to which plan sponsors offer such
accounts and participants participate in such accounts and
the resulting impact on participant retirement savings,
including the impact on retirement savings leakage and
the effect of such accounts on retirement plan participation
by low- and moderate-income households; and
‘‘(2) not later than 7 years after the date of enactment
of the SECURE 2.0 Act of 2022, submit to Congress a report
on the findings of the study under paragraph (1).’’.
(2) CLERICAL AMENDMENT.—The table of contents in section
1 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1001 note) is amended by inserting after the item
relating to section 734 the following new items:
‘‘801.
‘‘802.
‘‘803.
‘‘804.
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Regulations.
Applicability.
29 USC 1193b.
‘‘The Secretary shall—
‘‘(1) prescribe such regulations as may be necessary to
address reporting and disclosure requirements for pensionlinked 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.
Deadline.
Regulations.
29 USC 1193c.
Study.
‘‘PART 8. PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS
Pension-linked emergency savings accounts.
Preemption of State anti-garnishment laws.
Reporting and disclosure requirements.
Report to Congress on emergency savings accounts.’’.
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136 STAT. 5324
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26 USC 402A.
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PUBLIC LAW 117–328—DEC. 29, 2022
(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 pensionlinked 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 PENSIONLINKED EMERGENCY SAVINGS ACCOUNT.—For purposes of paragraph (1), a participant in a pension-linked emergency savings
account shall be treated as exercising control over the assets
in the account with respect to the amount of contributions
and earnings which are invested in accordance with section
801(c)(1)(A)(iii).’’.
(e) TAX TREATMENT OF PENSION-LINKED EMERGENCY SAVINGS
ACCOUNTS.—
(1) IN GENERAL.—Section 402A is amended by redesignating
subsection (e) as subsection (f) and by inserting after subsection
(d) the following new subsection:
‘‘(e) PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.—
‘‘(1) IN GENERAL.—An applicable retirement plan—
‘‘(A) may—
‘‘(i) include a pension-linked emergency savings
account established pursuant to section 801 of the
Employee Retirement Income Security Act of 1974,
which, except as otherwise provided in this subsection,
shall be treated for purposes of this title as a designated Roth account, and
‘‘(ii) either—
‘‘(I) offer to enroll an eligible participant in
such pension-linked emergency savings account,
or
‘‘(II) automatically enroll an eligible participant in such account pursuant to an automatic
contribution arrangement described in paragraph
(4), and
‘‘(B) shall—
‘‘(i) separately account for contributions to such
account and any earnings properly allocable to the
contributions,
‘‘(ii) maintain separate recordkeeping with respect
to each such account, and
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PUBLIC LAW 117–328—DEC. 29, 2022
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 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—
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Effective dates.
PUBL328
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Time periods.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(A) IN GENERAL.—An automatic contribution arrangement described in this paragraph is an arrangement under
which an eligible participant is treated as having elected
to have the plan sponsor make elective contributions to
a pension-linked emergency savings account at a participant contribution rate that is not more than 3 percent
of the compensation of the eligible participant, unless the
eligible participant, at any time (subject to such reasonable
advance notice as is required by the plan administrator),
affirmatively elects to—
‘‘(i) make contributions at a different rate, or
‘‘(ii) opt out of such contributions.
‘‘(B) PARTICIPANT CONTRIBUTION RATE.—For purposes
of an automatic contribution arrangement described in
subparagraph (A), the plan sponsor—
‘‘(i) shall select a participant contribution rate
under such automatic contribution arrangement which
meets the requirements of subparagraph (A), and
‘‘(ii) may amend such rate (prior to the plan year
for which such amendment would take effect) not more
than once annually.
‘‘(5) DISCLOSURE BY PLAN SPONSOR.—
‘‘(A) IN GENERAL.—With respect to a defined contribution plan which includes a pension-linked emergency
savings account, the administrator of the plan shall, not
less than 30 days and not more than 90 days prior to
the date of the first contribution to the pension-linked
emergency savings account, including any contribution
under an automatic contribution arrangement described
in section 801(d)(2) of the Employee Retirement Income
Security Act of 1974, or the date of any adjustment to
the
participant
contribution
rate
under
section
801(d)(2)(B)(ii) of such Act, and not less than annually
thereafter, shall furnish to the participant a notice
describing—
‘‘(i) the purpose of the account, which is for shortterm, 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;
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PUBLIC LAW 117–328—DEC. 29, 2022
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 pensionlinked 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.
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136 STAT. 5328
‘‘(C) MATCHING CONTRIBUTIONS.—For purposes of
subparagraph (A), the term ‘matching contribution’ has
the meaning given such term in section 401(m)(4).
‘‘(7) DISTRIBUTIONS.—
‘‘(A) IN GENERAL.—A pension-linked emergency savings
account shall allow for withdrawal by the participant on
whose behalf the account is established of the account
balance, in whole or in part at the discretion of the participant, at least once per calendar month and for distribution
of such withdrawal to the participant as soon as practicable
after the date on which the participant elects to make
such withdrawal.
‘‘(B) TREATMENT OF DISTRIBUTIONS.—Any distribution
from a pension-linked emergency savings account in accordance with subparagraph (A)—
‘‘(i) shall be treated as a qualified distribution
for purposes of subsection (d), and
‘‘(ii) shall be treated as meeting the requirements
of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11),
and 457(d)(1)(A).
‘‘(8) ACCOUNT BALANCE AFTER TERMINATION.—
‘‘(A) IN GENERAL.—Upon termination of employment
of the participant, or termination by the plan sponsor of
the pension-linked emergency savings account, the pensionlinked 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
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PUBLIC LAW 117–328—DEC. 29, 2022
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 pensionlinked emergency savings account may cease to offer such
accounts at any time.
‘‘(12) ANTI-ABUSE RULES.—A plan of which a pension-linked
emergency savings account is part—
‘‘(A) may employ reasonable procedures to limit the
frequency or amount of matching contributions with respect
to contributions to such account, solely to the extent necessary to prevent manipulation of the rules of the plan
to cause matching contributions to exceed the intended
amounts or frequency, and
‘‘(B) shall not be required to suspend matching contributions following any participant withdrawal of contributions, including elective deferrals and employee contributions, whether or not matched and whether or not made
pursuant to an automatic contribution arrangement
described in paragraph (4).
The Secretary, in consultation with the Secretary of Labor,
shall issue regulations or other guidance not later than 12
months after the date of the enactment of the SECURE 2.0
Act of 2022 with respect to the anti-abuse rules described
in the preceding sentence.’’.
(2) TREATMENT FOR PURPOSES OF ADDITIONAL TAX ON EARLY
DISTRIBUTIONS.—Section 72(t)(2), as amended by the preceding
provisions of this Act, is further amended by adding at the
end the following new subparagraph:
‘‘(J) DISTRIBUTIONS FROM PENSION-LINKED EMERGENCY
SAVINGS ACCOUNT.—Distributions from a pension-linked
emergency savings account pursuant to section 402A(e).’’.
(3) BASIS RECOVERY.—Section 72(d) is amended by adding
at the end the following new paragraph:
‘‘(3) TREATMENT OF CONTRIBUTIONS TO A PENSION-LINKED
EMERGENCY SAVINGS ACCOUNT.—For purposes of this section,
contributions to a pension-linked emergency savings account
to which section 402A(e) applies (and any income allocable
thereto) may be treated as a separate contract.’’.
(f) REGULATORY AUTHORITY.—The Secretary of Labor and the
Secretary of the Treasury (or a delegate of either such Secretary)
shall have authority to issue regulations or other guidance, and
to coordinate in developing regulations or other guidance, to carry
out the purposes of this Act, including—
(1) adjustment of the limitation under section 801(d)(1)
of the Employee Retirement Income Security Act of 1974 and
section 402A(e)(3) of the Internal Revenue Code of 1986, as
added by this Act, to account for inflation;
(2) expansion of corrections programs, if necessary;
(3) model plan language and notices relating to pensionlinked emergency savings accounts; and
(4) with regard to interactions with section 401(k)(13) of
the Internal Revenue Code of 1986.
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Regulations.
26 USC 402A
note.
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136 STAT. 5330
26 USC 72 note.
PUBLIC LAW 117–328—DEC. 29, 2022
(g) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
SEC. 128. ENHANCEMENT OF 403(b) PLANS.
26 USC 403.
26 USC 403 note.
(a) IN GENERAL.—Subparagraph (A) of section 403(b)(7) is
amended by striking ‘‘if the amounts are to be invested in regulated
investment company stock to be held in that custodial account’’
and inserting ‘‘if the amounts are to be held in that custodial
account and are invested in regulated investment company stock
or a group trust intended to satisfy the requirements of Internal
Revenue Service Revenue Ruling 81–100 (or any successor guidance)’’.
(b) CONFORMING AMENDMENT.—The heading of paragraph (7)
of section 403(b) is amended by striking ‘‘FOR REGULATED INVESTMENT COMPANY STOCK’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to amounts invested after the date of the enactment
of this Act.
TITLE II—PRESERVATION OF INCOME
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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
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136 STAT. 5331
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of the contract determines such amount using reasonable actuarial methods and assumptions, as determined in good faith by the issuer of the contract,
when calculating the initial annuity payments and the
issuer’s experience with respect to those factors, or
‘‘(iv) a final payment upon death that does not
exceed the excess of the total amount of the consideration paid for the annuity payments, less the aggregate
amount of prior distributions or payments from or
under the contract.’’.
(b) EFFECTIVE DATE.—This section shall apply to calendar years
ending after the date of the enactment of this Act.
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26 USC 401 note.
SEC. 202. QUALIFYING LONGEVITY ANNUITY CONTRACTS.
26 USC 401 note.
(a) IN GENERAL.—Not later than the date which is 18 months
after the date of the enactment of this Act, the Secretary of the
Treasury (or the Secretary’s delegate) shall amend the regulation
issued by the Department of the Treasury relating to ‘‘Longevity
Annuity Contracts’’ (79 Fed. Reg. 37633 (July 2, 2014)), as follows:
(1) REPEAL 25-PERCENT PREMIUM LIMIT.—The Secretary (or
delegate) shall amend Q&A–17(b)(3) of Treas. Reg. section
1.401(a)(9)–6 and Q&A–12(b)(3) of Treas. Reg. section 1.408–
8 to eliminate the requirement that premiums for qualifying
longevity annuity contracts be limited to 25 percent of an
individual’s account balance, and to make such corresponding
changes to the regulations and related forms as are necessary
to reflect the elimination of this requirement.
(2) INCREASE DOLLAR LIMITATION.—
(A) IN GENERAL.—The Secretary (or delegate) shall
amend Q&A–17(b)(2)(i) of Treas. Reg. section 1.401(a)(9)–
6 and Q&A–12(b)(2)(i) of Treas. Reg. section 1.408–8 to
increase the dollar limitation on premiums for qualifying
longevity annuity contracts from $125,000 to $200,000, and
to make such corresponding changes to the regulations
and related forms as are necessary to reflect this increase
in the dollar limitation.
(B) ADJUSTMENTS FOR INFLATION.—The Secretary (or
delegate) shall amend Q&A–17(d)(2)(i) of Treas. Reg. section 1.401(a)(9)–6 to provide that, in the case of calendar
years beginning on or after January 1 of the second year
following the year of enactment of this Act, the $200,000
dollar limitation (as increased by subparagraph (A)) will
be adjusted at the same time and in the same manner
as the limits are adjusted under section 415(d) of the
Internal Revenue Code of 1986, except that the base period
shall be the calendar quarter beginning July 1 of the year
of enactment of this Act, and any increase to such dollar
limitation which is not a multiple of $10,000 will be
rounded to the next lowest multiple of $10,000.
(3) FACILITATE JOINT AND SURVIVOR BENEFITS.—The Secretary (or delegate) shall amend Q&A–17(c) of Treas. Reg.
section 1.401(a)(9)–6, and make such corresponding changes
to the regulations and related forms as are necessary, to provide
that, in the case of a qualifying longevity annuity contract
which was purchased with joint and survivor annuity benefits
for the individual and the individual’s spouse which were
permissible under the regulations at the time the contract
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136 STAT. 5332
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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136 STAT. 5333
SEC. 203. INSURANCE-DEDICATED EXCHANGE-TRADED FUNDS.
26 USC 817 note.
(a) IN GENERAL.—Not later than the date which is 7 years
after the date of the enactment of this Act, the Secretary of the
Treasury (or the Secretary’s delegate) shall amend the regulation
issued by the Department of the Treasury relating to ‘‘Income
Tax; Diversification Requirements for Variable Annuity, Endowment, and Life Insurance Contracts’’, 54 Fed. Reg. 8728 (March
2, 1989), and make any necessary corresponding amendments to
other regulations, in order to facilitate the use of exchange-traded
funds as investment options under variable contracts within the
meaning of section 817(d) of the Internal Revenue Code of 1986,
in accordance with subsections (b) and (c) of this section.
(b) DESIGNATE CERTAIN AUTHORIZED PARTICIPANTS AND
MARKET MAKERS AS ELIGIBLE INVESTORS.—The Secretary of the
Treasury (or the Secretary’s delegate) shall amend Treas. Reg.
section 1.817–5(f)(3) to provide that satisfaction of the requirements
in Treas. Reg. section 1.817–5(f)(2)(i) with respect to an exchangetraded 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
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136 STAT. 5334
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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26 USC 401 note.
SEC. 204. ELIMINATING A PENALTY ON PARTIAL ANNUITIZATION.
(a) ELIMINATING A PENALTY ON PARTIAL ANNUITIZATION.—The
Secretary of the Treasury (or the Secretary’s delegate) shall amend
the regulations under section 401(a)(9) of the Internal Revenue
Code of 1986 to provide that if an employee’s benefit is in the
form of an individual account under a defined contribution plan,
the plan may allow the employee to elect to have the amount
required to be distributed from such account under such section
for a year to be calculated as the excess of the total required
amount for such year over the annuity amount for such year.
(b) DEFINITIONS.—For purposes of this section—
(1) TOTAL REQUIRED AMOUNT.—The term ‘‘total required
amount’’, with respect to a year, means the amount which
would be required to be distributed under Treas. Reg. section
1.401(a)(9)–5 (or any successor regulation) for the year, determined by treating the account balance as of the last valuation
date in the immediately preceding calendar year as including
the value on that date of all annuity contracts which were
purchased with a portion of the account and from which payments are made in accordance with Treas. Reg. section
1.401(a)(9)–6.
(2) ANNUITY AMOUNT.—The term ‘‘annuity amount’’, with
respect to a year, is the total amount distributed in the year
from all annuity contracts described in paragraph (1).
(c) CONFORMING REGULATORY AMENDMENTS.—The Secretary of
the Treasury (or the Secretary’s delegate) shall amend the regulations under sections 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2)
of the Internal Revenue Code of 1986 to conform to the amendments
described in subsection (a). Such conforming amendments shall
treat all individual retirement plans (as defined in section
7701(a)(37) of such Code) which an individual holds as the owner,
or which an individual holds as a beneficiary of the same decedent,
as one such plan for purposes of the amendments described in
subsection (a). Such conforming amendments shall also treat all
contracts described in section 403(b) of such Code which an individual holds as an employee, or which an individual holds as
a beneficiary of the same decedent, as one such contract for such
purposes.
(d) EFFECTIVE DATE.—The modifications and amendments
required under subsections (a) and (c) shall be deemed to have
been made as of the date of the enactment of this Act, and as
of such date—
(1) all applicable laws shall be applied in all respects as
though the actions which the Secretary of the Treasury (or
the Secretary’s delegate) is required to take under such subsections had been taken, and
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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
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‘‘(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
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or beneficiary is first notified in writing of the error, except
in the case of fraud or misrepresentation by the participant.
‘‘(G) A participant or beneficiary from whom
recoupment is sought is entitled to contest all or part
of the recoupment pursuant to the claims procedures of
the plan that made the overpayment to the extent such
procedures are consistent with section 503 of this title
and in the case of an inadvertent benefit overpayment
from a plan to which paragraph (1) applies that is transferred to an eligible retirement plan (as defined in section
402(c)(8)(B) of the Internal Revenue Code of 1986) by or
on behalf of a participant or beneficiary—
‘‘(i) such plan shall notify the plan receiving the
rollover of such dispute,
‘‘(ii) the plan receiving the rollover shall retain
such overpayment on behalf of the participant or beneficiary (and shall be entitled to treat such overpayment
as plan assets) pending the outcome of such procedures,
and
‘‘(iii) the portion of such overpayment with respect
to which recoupment is sought on behalf of the plan
shall be permitted to be returned to such plan if it
is determined to be an overpayment (and the plans
making and receiving such transfer shall be treated
as permitting such transfer).
‘‘(H) In determining the amount of recoupment to seek,
the responsible plan fiduciary may take into account the
hardship that recoupment likely would impose on the
participant or beneficiary.
‘‘(5) EFFECT OF CULPABILITY.—Subparagraphs (A) through
(F) of paragraph (4) shall not apply to protect a participant
or beneficiary who is culpable. For purposes of this paragraph,
a participant or beneficiary is culpable if the individual bears
responsibility for the overpayment (such as through misrepresentations or omissions that led to the overpayment), or if
the individual knew that the benefit payment or payments
were materially in excess of the correct amount. Notwithstanding the preceding sentence, an individual is not culpable
merely because the individual believed the benefit payment
or payments were or might be in excess of the correct amount,
if the individual raised that question with an authorized plan
representative and was told the payment or payments were
not in excess of the correct amount.’’.
(b) OVERPAYMENTS UNDER INTERNAL REVENUE CODE OF 1986.—
(1) QUALIFICATION REQUIREMENTS.—Section 414 is
amended by adding at the end the following new subsection:
‘‘(aa) SPECIAL RULES APPLICABLE TO BENEFIT OVERPAYMENTS.—
‘‘(1) IN GENERAL.—A plan shall not fail to be treated as
described in clause (i), (ii), (iii), or (iv) of section 219(g)(5)(A)
(and shall not fail to be treated as satisfying the requirements
of section 401(a) or 403) merely because—
‘‘(A) the plan fails to obtain payment from any participant, beneficiary, employer, plan sponsor, fiduciary, or
other party on account of any inadvertent benefit overpayment made by the plan, or
‘‘(B) the plan sponsor amends the plan to increase
past, or decrease future, benefit payments to affected
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26 USC 414.
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Applicability.
Regulations.
Guidance.
Applicability.
26 USC 402 note.
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participants and beneficiaries in order to adjust for prior
inadvertent benefit overpayments.
‘‘(2) REDUCTION IN FUTURE BENEFIT PAYMENTS AND
RECOVERY FROM RESPONSIBLE PARTY.—Paragraph (1) shall not
fail to apply to a plan merely because, after discovering a
benefit overpayment, such plan—
‘‘(A) reduces future benefit payments to the correct
amount provided for under the terms of the plan, or
‘‘(B) seeks recovery from the person or persons responsible for such overpayment.
‘‘(3) EMPLOYER FUNDING OBLIGATIONS.—Nothing in this
subsection shall relieve an employer of any obligation imposed
on it to make contributions to a plan to meet the minimum
funding standards under sections 412 and 430 or to prevent
or restore an impermissible forfeiture in accordance with section
411.
‘‘(4) OBSERVANCE OF BENEFIT LIMITATIONS.—Notwithstanding paragraph (1), a plan to which paragraph (1) applies
shall observe any limitations imposed on it by section 401(a)(17)
or 415. The plan may enforce such limitations using any method
approved by the Secretary for recouping benefits previously
paid or allocations previously made in excess of such limitations.
‘‘(5) COORDINATION WITH OTHER QUALIFICATION REQUIREMENTS.—The Secretary may issue regulations or other guidance
of general applicability specifying how benefit overpayments
and their recoupment or non-recoupment from a participant
or beneficiary shall be taken into account for purposes of satisfying any requirement applicable to a plan to which paragraph
(1) applies.’’.
(2) ROLLOVERS.—Section 402(c) is amended by adding at
the end the following new paragraph:
‘‘(12) In the case of an inadvertent benefit overpayment
from a plan to which section 414(aa)(1) applies that is transferred to an eligible retirement plan by or on behalf of a
participant or beneficiary—
‘‘(A) the portion of such overpayment with respect to
which recoupment is not sought on behalf of the plan
shall be treated as having been paid in an eligible rollover
distribution if the payment would have been an eligible
rollover distribution but for being an overpayment, and
‘‘(B) the portion of such overpayment with respect to
which recoupment is sought on behalf of the plan shall
be permitted to be returned to such plan and in such
case shall be treated as an eligible rollover distribution
transferred to such plan by the participant or beneficiary
who received such overpayment (and the plans making
and receiving such transfer shall be treated as permitting
such transfer).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply as of the date of the enactment of this Act.
(d) CERTAIN ACTIONS BEFORE DATE OF ENACTMENT.—Plans,
fiduciaries, employers, and plan sponsors are entitled to rely on—
(1) a reasonable good faith interpretation of then existing
administrative guidance for inadvertent benefit overpayment
recoupments and recoveries that commenced before the date
of enactment of this Act, and
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(2) determinations made before the date of enactment of
this Act by the responsible plan fiduciary, in the exercise of
its fiduciary discretion, not to seek recoupment or recovery
of all or part of an inadvertent benefit overpayment.
In the case of a benefit overpayment that occurred prior to the
date of enactment of this Act, any installment payments by the
participant or beneficiary to the plan or any reduction in periodic
benefit payments to the participant or beneficiary, which were
made in recoupment of such overpayment and which commenced
prior to such date, may continue after such date. Nothing in this
subsection shall relieve a fiduciary from responsibility for an overpayment that resulted from a breach of its fiduciary duties.
SEC. 302. REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS
IN QUALIFIED RETIREMENT PLANS.
(a) IN GENERAL.—Section 4974(a) is amended by striking ‘‘50
percent’’ and inserting ‘‘25 percent’’.
(b) REDUCTION IN EXCISE TAX ON FAILURES TO TAKE REQUIRED
MINIMUM DISTRIBUTIONS.—Section 4974 is amended by adding at
the end the following new subsection:
‘‘(e) REDUCTION OF TAX IN CERTAIN CASES.—
‘‘(1) REDUCTION.—In the case of a taxpayer who—
‘‘(A) receives a distribution, during the correction
window, of the amount which resulted in imposition of
a tax under subsection (a) from the same plan to which
such tax relates, and
‘‘(B) submits a return, during the correction window,
reflecting such tax (as modified by this subsection),
the first sentence of subsection (a) shall be applied by substituting ‘10 percent’ for ‘25 percent’.
‘‘(2) CORRECTION WINDOW.—For purposes of this subsection,
the term ‘correction window’ means the period of time beginning
on the date on which the tax under subsection (a) is imposed
with respect to a shortfall of distributions from a plan described
in subsection (a), and ending on the earliest of—
‘‘(A) the date of mailing a notice of deficiency with
respect to the tax imposed by subsection (a) under section
6212,
‘‘(B) the date on which the tax imposed by subsection
(a) is assessed, or
‘‘(C) the last day of the second taxable year that begins
after the end of the taxable year in which the tax under
subsection (a) is imposed.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.
26 USC 4974.
26 USC 4974
note.
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:
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‘‘SEC. 523. RETIREMENT SAVINGS LOST AND FOUND.
29 USC 1153.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of the enactment of this section, the Secretary, in consultation
with the Secretary of the Treasury, shall establish an online
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searchable database (to be managed by the Secretary in accordance with this section) to be known as the ‘Retirement Savings
Lost and Found’. The Retirement Savings Lost and Found
shall—
‘‘(A) allow an individual to search for information that
enables the individual to locate the administrator of any
plan described in paragraph (2) with respect to which the
individual is or was a participant or beneficiary, and provide contact information for the administrator of any such
plan;
‘‘(B) allow the Secretary to assist such an individual
in locating any such plan of the individual; and
‘‘(C) allow the Secretary to make any necessary changes
to contact information on record for the administrator based
on any changes to the plan due to merger or consolidation
of the plan with any other plan, division of the plan into
two or more plans, bankruptcy, termination, change in
name of the plan, change in name or address of the
administrator, or other causes.
‘‘(2) PLANS DESCRIBED.—A plan described in this paragraph
is a plan to which the vesting standards of section 203 apply.
‘‘(b) ADMINISTRATION.—The Retirement Savings Lost and Found
established under subsection (a) shall provide individuals described
in subsection (a)(1) only with the ability to search for information
that enables the individual to locate the administrator and contact
information for the administrator of any plan with respect to which
the individual is or was a participant or beneficiary, sufficient
to allow the individual to locate the individual’s plan in order
to make a claim for benefits owing to the individual under the
plan.
‘‘(c) SAFEGUARDING PARTICIPANT PRIVACY AND SECURITY.—In
establishing the Retirement Savings Lost and Found under subsection (a), the Secretary, in consultation with the Secretary of
the Treasury, shall take all necessary and proper precautions to—
‘‘(1) ensure that individuals’ plan and personal information
maintained by the Retirement Savings Lost and Found is protected; and
‘‘(2) allow any individual to contact the Secretary to opt
out of inclusion in the Retirement Savings Lost and Found.
‘‘(d) DEFINITION OF ADMINISTRATOR.—For purposes of this section, the term ‘administrator’ has the meaning given such term
in section 3(16)(A).
‘‘(e) INFORMATION COLLECTION FROM PLANS.—Effective with
respect to plan years beginning after the second December 31
occurring after the date of the enactment of this subsection, the
administrator of a plan to which the vesting standards of section
203 apply shall submit to the Secretary, at such time and in
such form and manner as is prescribed in regulations—
‘‘(1) the information described in paragraphs (1) through
(4) of section 6057(b) of the Internal Revenue Code of 1986;
‘‘(2) the information described in subparagraphs (A) and
(B) of section 6057(a)(2) of such Code;
‘‘(3) the name and taxpayer identifying number of each
participant or former participant in the plan—
‘‘(A) who, during the current plan year or any previous
plan year, was reported under section 6057(a)(2)(C) of such
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Code, and with respect to whom the benefits described
in clause (ii) thereof were fully paid during the plan year;
‘‘(B) with respect to whom any amount was distributed
under section 401(a)(31)(B) of such Code during the plan
year; or
‘‘(C) with respect to whom a deferred annuity contract
was distributed during the plan year; and
‘‘(4) in the case of a participant or former participant to
whom paragraph (3) applies—
‘‘(A) in the case of a participant described in subparagraph (B) thereof, the name and address of the designated
trustee or issuer described in section 401(a)(31)(B)(i) of
such Code and the account number of the individual retirement plan to which the amount was distributed; and
‘‘(B) in the case of a participant described in subparagraph (C) thereof, the name and address of the issuer
of such annuity contract and the contract or certificate
number.
‘‘(f) USE OF INFORMATION COLLECTED.—The Secretary—
‘‘(1) may use or disclose information collected under this
section only for the purpose described in subsection (a)(1)(B),
and
‘‘(2) may disclose such information only to such employees
of the Department of Labor whose official duties relate to
the purpose described in such subsection.
‘‘(g) PROGRAM INTEGRITY AUDIT.—On an annual basis for each
of the first 5 years beginning one year after the establishment
of the database in subsection (a)(1) and every 5 years thereafter,
the Inspector General of the Department of Labor shall—
‘‘(1) conduct an audit of the administration of the Retirement Savings Lost and Found; and
‘‘(2) submit a report on such audit to the Committee on
Health, Education, Labor, and Pensions and the Committee
on Finance of the Senate and the Committee on Ways and
Means and the Committee on Education and Labor of the
House of Representatives.’’.
(b) CONFORMING AMENDMENT.—The table of contents for the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
et seq.) is amended by inserting after the item relating to section
522 the following:
Applicability.
Deadlines.
Reports.
‘‘Sec. 523. Retirement Savings Lost and Found.’’.
SEC. 304. UPDATING DOLLAR LIMIT FOR MANDATORY DISTRIBUTIONS.
(a) IN GENERAL.—Section 203(e)(1) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1053(e)(1)) and sections
401(a)(31)(B)(ii) and 411(a)(11)(A) are each amended by striking
‘‘$5,000’’ and inserting ‘‘$7,000’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions made after December 31, 2023.
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SEC. 305. EXPANSION OF EMPLOYEE PLANS COMPLIANCE RESOLUTION
SYSTEM.
26 USC 401, 411.
26 USC 401 note.
26 USC 401 note.
(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
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Guidance.
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PUBLIC LAW 117–328—DEC. 29, 2022
under section 401(a), 403(a), 403(b), 408(p), or 408(k) of such Code
may be self-corrected under the Employee Plans Compliance Resolution System (as described in Revenue Procedure 2021–30, or any
successor guidance, and hereafter in this section referred to as
the ‘‘EPCRS’’), except to the extent that (1) such failure was identified by the Secretary prior to any actions which demonstrate a
specific commitment to implement a self-correction with respect
to such failure, or (2) the self-correction is not completed within
a reasonable period after such failure is identified. For purposes
of self-correction of an eligible inadvertent failure, the correction
period under section 9.02 of Revenue Procedure 2021–30 (or any
successor guidance), except as otherwise provided under such Code,
regulations, or other guidance of general applicability prescribed
by the Secretary, is indefinite and has no last day, other than
with respect to failures identified by the Secretary prior to any
actions which demonstrate a specific commitment to implement
a self-correction with respect to such failure or with respect to
a self-correction that is not completed within a reasonable period,
as described in the preceding sentence.
(b) LOAN ERRORS.—In the case of an eligible inadvertent failure
relating to a loan from a plan to a participant—
(1) such failure may be self-corrected under subsection
(a) according to the rules of section 6.07 of Revenue Procedure
2021–30 (or any successor guidance), including the provisions
related to whether a deemed distribution must be reported
on Form 1099–R,
(2) the Secretary of Labor shall treat any such failure
which is so self-corrected under subsection (a) as meeting the
requirements of the Voluntary Fiduciary Correction Program
of the Department of Labor if, with respect to the violation
of the fiduciary standards of the Employee Retirement Income
Security Act of 1974, there is a similar loan error eligible
for correction under EPCRS and the loan error is corrected
in such manner, and
(3) the Secretary of Labor may impose reporting or other
procedural requirements with respect to parties that intend
to rely on the Voluntary Fiduciary Correction Program for
self-corrections described in paragraph (2).
(c) EPCRS FOR IRAS.—The Secretary shall expand the EPCRS
to allow custodians of individual retirement plans (as defined in
section 7701(a)(37) of the Internal Revenue Code of 1986) to address
eligible inadvertent failures with respect to an individual retirement
plan (as so defined), including (but not limited to)—
(1) waivers of the excise tax which would otherwise apply
under section 4974 of the Internal Revenue Code of 1986,
and
(2) rules permitting a nonspouse beneficiary to return distributions to an inherited individual retirement plan described
in section 408(d)(3)(C) of the Internal Revenue Code of 1986
in a case where, due to an inadvertent error by a service
provider, the beneficiary had reason to believe that the distribution could be rolled over without inclusion in income of any
part of the distributed amount.
(d) CORRECTION METHODS FOR ELIGIBLE INADVERTENT FAILURES.—The Secretary shall issue guidance on correction methods
that are required to be used to correct eligible inadvertent failures,
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including general principles of correction if a specific correction
method is not specified by the Secretary.
(e) ELIGIBLE INADVERTENT FAILURE.—For purposes of this section—
(1) IN GENERAL.—Except as provided in paragraph (2), the
term ‘‘eligible inadvertent failure’’ means a failure that occurs
despite the existence of practices and procedures which—
(A) satisfy the standards set forth in section 4.04 of
Revenue Procedure 2021–30 (or any successor guidance),
or
(B) satisfy similar standards in the case of an individual retirement plan.
(2) EXCEPTION.—The term ‘‘eligible inadvertent failure’’
shall not include any failure which is egregious, relates to
the diversion or misuse of plan assets, or is directly or indirectly
related to an abusive tax avoidance transaction.
(f) APPLICATION OF CERTAIN REQUIREMENTS FOR CORRECTING
ERRORS.—This section shall not apply to any failure unless the
correction of such failure under this section is made in conformity
with the general principles that apply to corrections of such failures
under the Internal Revenue Code of 1986, including regulations
or other guidance issued thereunder and including those principles
and corrections set forth in Revenue Procedure 2021–30 (or any
successor guidance).
(g) ISSUANCE OF GUIDANCE.—The Secretary of the Treasury,
or the Secretary’s delegate, shall revise Revenue Procedure 2021–
30 (or any successor guidance) to take into account the provisions
of this section not later than the date which is 2 years after
the date of enactment of this Act.
Definition.
Deadline.
SEC. 306. ELIMINATE THE ‘‘FIRST DAY OF THE MONTH’’ REQUIREMENT
FOR GOVERNMENTAL SECTION 457(b) PLANS.
(a) IN GENERAL.—Section 457(b)(4) is amended to read as follows:
‘‘(4) which provides that compensation—
‘‘(A) in the case of an eligible employer described in
subsection (e)(1)(A), will be deferred only if an agreement
providing for such deferral has been entered into before
the compensation is currently available to the individual,
and
‘‘(B) in any other case, will be deferred for any calendar
month only if an agreement providing for such deferral
has been entered into before the beginning of such month,’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.
26 USC 457.
26 USC 457 note.
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 DISTRIBUSPLIT-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
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PUBLIC LAW 117–328—DEC. 29, 2022
from an individual retirement account which is made
directly by the trustee to a split-interest entity, but
only if—
‘‘(I) an election is not in effect under this
subparagraph for a preceding taxable year,
‘‘(II) the aggregate amount of distributions of
the taxpayer with respect to which an election
under this subparagraph is made does not exceed
$50,000, and
‘‘(III) such distribution meets the requirements
of clauses (iii) and (iv).
‘‘(ii) SPLIT-INTEREST ENTITY.—For purposes of this
subparagraph, the term ‘split-interest entity’ means—
‘‘(I) a charitable remainder annuity trust (as
defined in section 664(d)(1)), but only if such trust
is funded exclusively by qualified charitable distributions,
‘‘(II) a charitable remainder unitrust (as
defined in section 664(d)(2)), but only if such
unitrust is funded exclusively by qualified charitable distributions, or
‘‘(III) a charitable gift annuity (as defined in
section 501(m)(5)), but only if such annuity is
funded exclusively by qualified charitable distributions and commences fixed payments of 5 percent
or greater not later than 1 year from the date
of funding.
‘‘(iii) CONTRIBUTIONS MUST BE OTHERWISE DEDUCTIBLE.—A distribution meets the requirements of this
clause only if—
‘‘(I) in the case of a distribution to a charitable
remainder annuity trust or a charitable remainder
unitrust, a deduction for the entire value of the
remainder interest in the distribution for the benefit of a specified charitable organization would
be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph), and
‘‘(II) in the case of a charitable gift annuity,
a deduction in an amount equal to the amount
of the distribution reduced by the value of the
annuity described in section 501(m)(5)(B) would
be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph).
‘‘(iv) LIMITATION ON INCOME INTERESTS.—A distribution meets the requirements of this clause only
if—
‘‘(I) no person holds an income interest in the
split-interest entity other than the individual for
whose benefit such account is maintained, the
spouse of such individual, or both, and
‘‘(II) the income interest in the split-interest
entity is nonassignable.
‘‘(v) SPECIAL RULES.—
‘‘(I) CHARITABLE REMAINDER TRUSTS.—Notwithstanding section 664(b), distributions made
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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), as amended by
subsection (a), is further amended by adding at the end the following
new subparagraph:
‘‘(G) INFLATION ADJUSTMENT.—
‘‘(i) IN GENERAL.—In the case of any taxable year
beginning after 2023, each of the dollar amounts in
subparagraphs (A) and (F) shall be increased by an
amount equal to—
‘‘(I) such dollar amount, multiplied by
‘‘(II) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting ‘calendar year 2022’ for ‘calendar year
2016’ in subparagraph (A)(ii) thereof.
‘‘(ii) ROUNDING.—If any dollar amount increased
under clause (i) is not a multiple of $1,000, such dollar
amount shall be rounded to the nearest multiple of
$1,000.’’.
(c) EFFECTIVE DATE.—The amendment made by this section
shall apply to distributions made in taxable years beginning after
the date of the enactment of this Act.
26 USC 408.
Effective date.
26 USC 408 note.
SEC. 308. DISTRIBUTIONS TO FIREFIGHTERS.
(a) IN GENERAL.—Subparagraph (A) of section 72(t)(10) is
amended by striking ‘‘414(d))’’ and inserting ‘‘414(d)) or a distribution from a plan described in clause (iii), (iv), or (vi) of section
402(c)(8)(B) to an employee who provides firefighting services’’.
(b) CONFORMING AMENDMENT.—The heading of paragraph (10)
of section 72(t) is amended by striking ‘‘IN GOVERNMENTAL PLANS’’
and inserting ‘‘AND PRIVATE SECTOR FIREFIGHTERS’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions made after the date of the enactment
of this Act.
SEC.
309.
EXCLUSION OF CERTAIN DISABILITY-RELATED
RESPONDER RETIREMENT PAYMENTS.
26 USC 72 note.
FIRST
(a) IN GENERAL.—Part III of subchapter B of chapter 1 is
amended by inserting after section 139B the following new section:
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‘‘SEC.
139C.
CERTAIN DISABILITY-RELATED
RETIREMENT PAYMENTS.
FIRST
RESPONDER
26 USC 139C.
‘‘(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.
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136 STAT. 5346
Definition.
Definitions.
Time period.
Applicability.
26 USC prec.
101.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(b) QUALIFIED FIRST RESPONDER RETIREMENT PAYMENTS.—For
purposes of this section, the term ‘qualified first responder retirement payments’ means, with respect to any taxable year, any pension or annuity which but for this section would be includible
in gross income for such taxable year and which is received—
‘‘(1) from a plan described in clause (iii), (iv), (v), or (vi)
of section 402(c)(8)(B), and
‘‘(2) in connection with such individual’s qualified first
responder service.
‘‘(c) ANNUALIZED EXCLUDABLE DISABILITY AMOUNT.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘annualized excludable disability amount’ means, with respect to any individual, the
service-connected excludable disability amounts which are properly attributable to the 12-month period immediately preceding
the date on which such individual attains retirement age.
‘‘(2)
SERVICE-CONNECTED
EXCLUDABLE
DISABILITY
AMOUNT.—The term ‘service-connected excludable disability
amount’ means periodic payments received by an individual
which—
‘‘(A) are not includible in such individual’s gross income
under section 104(a)(1),
‘‘(B) are received in connection with such individual’s
qualified first responder service, and
‘‘(C) terminate when such individual attains retirement
age.
‘‘(3) SPECIAL RULE FOR PARTIAL-YEAR PAYMENTS.—In the
case of an individual who only receives service-connected
excludable disability amounts properly attributable to a portion
of the 12-month period described in paragraph (1), such paragraph shall be applied by multiplying such amounts by the
ratio of 365 to the number of days in such period to which
such amounts were properly attributable.
‘‘(d) QUALIFIED FIRST RESPONDER SERVICE.—For purposes of
this section, the term ‘qualified first responder service’ means
service as a law enforcement officer, firefighter, paramedic, or emergency medical technician.’’.
(b) CLERICAL AMENDMENT.—The table of sections for part III
of subchapter B of chapter 1 is amended by inserting after the
item relating to section 139B the following new item:
‘‘Sec. 139C. Certain disability-related first responder retirement payments.’’.
26 USC 139C
note.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to amounts received with respect to taxable years beginning after December 31, 2026.
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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).’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5347
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to plan years beginning after December 31, 2023.
26 USC 416 note.
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SEC. 311. REPAYMENT OF QUALIFIED BIRTH OR ADOPTION DISTRIBUTION LIMITED TO 3 YEARS.
(a) IN GENERAL.—Section 72(t)(2)(H)(v)(I) is amended by
striking ‘‘may make’’ and inserting ‘‘may, at any time during the
3-year period beginning on the day after the date on which such
distribution was received, make’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendment made by this section shall apply to distributions
made after the date of the enactment of this Act.
(2) TEMPORARY RULE WITH RESPECT TO DISTRIBUTIONS
ALREADY MADE.—In the case of a qualified birth or adoption
distribution (as defined in section 72(t)(2)(H)(iii)(I) of the
Internal Revenue Code of 1986) made on or before the date
of the enactment of this Act, section 72(t)(2)(H)(v)(I) of such
Code (as amended by this Act) shall apply to such distribution
by substituting ‘‘after such distribution and before January
1, 2026’’ for ‘‘during the 3-year period beginning on the day
after the date on which such distribution was received’’.
26 USC 72.
SEC. 312. EMPLOYER MAY RELY ON EMPLOYEE CERTIFYING THAT
DEEMED HARDSHIP DISTRIBUTION CONDITIONS ARE MET.
Determinations.
26 USC 72 note.
Applicability.
(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
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PUBL328
136 STAT. 5348
26 USC 403.
26 USC 401 note.
PUBLIC LAW 117–328—DEC. 29, 2022
provide by regulations for exceptions to the rule of the
preceding sentence in cases where the plan administrator
has actual knowledge to the contrary of the employee’s
certification, and for procedures for addressing cases of
employee misrepresentation.’’.
(2) ANNUITY CONTRACTS.—Section 403(b)(11) is amended
by adding at the end the following: ‘‘In determining whether
a distribution is upon hardship of an employee, the administrator of the plan may rely on a written certification by the
employee that the distribution is on account of a financial
need of a type which is deemed in regulations prescribed by
the Secretary to be an immediate and heavy financial need
and is not in excess of the amount required to satisfy such
financial need, and that the employee has no alternative means
reasonably available to satisfy such financial need. The Secretary may provide by regulations for exceptions to the rule
of the preceding sentence in cases where the plan administrator
has actual knowledge to the contrary of the employee’s certification, and for procedures for addressing cases of employee
misrepresentation.’’.
(c) 457(b) PLAN.—Section 457(d) is amended by adding at the
end the following new paragraph:
‘‘(4) PARTICIPANT CERTIFICATION.—In determining whether
a distribution to a participant is made when the participant
is faced with an unforeseeable emergency, the administrator
of a plan maintained by an eligible employer described in
subsection (e)(1)(A) may rely on a written certification by the
participant that the distribution is—
‘‘(A) made when the participant is faced with an
unforeseeable emergency of a type which is described in
regulations prescribed by the Secretary as an unforeseeable
emergency, and
‘‘(B) not in excess of the amount required to satisfy
the emergency need, and
that the participant has no alternative means reasonably available to satisfy such emergency need. The Secretary may provide
by regulations for exceptions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the participant’s certification, and for
procedures for addressing cases of participant misrepresentation.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after the date of the enactment
of this Act.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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) the 3-year period referred to in subsection
(a) with respect to the return shall be deemed to begin
on the date by which the return would have been
required to be filed (excluding any extension thereof).
‘‘(C) PERIOD FOR ASSESSMENT IN CASE OF INCOME TAX
RETURN.—In any case in which the return with respect
to a tax imposed by section 4973 is the individual’s income
tax return for purposes of this section, subsection (a) shall
be applied by substituting a 6-year period in lieu of the
3-year period otherwise referred to in such subsection.
‘‘(D) EXCEPTION FOR CERTAIN ACQUISITIONS OF PROPERTY.—In the case of any tax imposed by section 4973
that is attributable to acquiring property for less than
fair market value, subparagraph (A) shall not apply.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
Time period.
Applicability.
26 USC 6501
note.
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SEC. 314. PENALTY-FREE WITHDRAWAL FROM RETIREMENT PLANS
FOR INDIVIDUAL IN CASE OF DOMESTIC ABUSE.
(a) IN GENERAL.—Paragraph (2) of section 72(t), as amended
by this Act, is further amended by adding at the end the following
new subparagraph:
‘‘(K) DISTRIBUTION FROM RETIREMENT PLAN IN CASE
OF DOMESTIC ABUSE.—
‘‘(i) IN GENERAL.—Any eligible distribution to a
domestic abuse victim.
‘‘(ii) LIMITATION.—The aggregate amount which
may be treated as an eligible distribution to a domestic
abuse victim by any individual shall not exceed an
amount equal to the lesser of—
‘‘(I) $10,000, or
‘‘(II) 50 percent of the present value of the
nonforfeitable accrued benefit of the employee
under the plan.
‘‘(iii) ELIGIBLE DISTRIBUTION TO A DOMESTIC ABUSE
VICTIM.—For purposes of this subparagraph—
‘‘(I) IN GENERAL.—A distribution shall be
treated as an eligible distribution to a domestic
abuse victim if such distribution is from an
applicable eligible retirement plan and is made
to an individual during the 1-year period beginning
on any date on which the individual is a victim
of domestic abuse by a spouse or domestic partner.
‘‘(II) DOMESTIC ABUSE.—The term ‘domestic
abuse’ means physical, psychological, sexual, emotional, or economic abuse, including efforts to control, isolate, humiliate, or intimidate the victim,
or to undermine the victim’s ability to reason
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26 USC 72.
Time period.
Definition.
PUBL328
136 STAT. 5350
PUBLIC LAW 117–328—DEC. 29, 2022
independently, including by means of abuse of the
victim’s child or another family member living in
the household.
‘‘(iv) TREATMENT OF PLAN DISTRIBUTIONS.—If a distribution to an individual would (without regard to
clause (ii)) be an eligible distribution to a domestic
abuse victim, a plan shall not be treated as failing
to meet any requirement of this title merely because
the plan treats the distribution as an eligible distribution to a domestic abuse victim, unless the aggregate
amount of such distributions from all plans maintained
by the employer (and any member of any controlled
group which includes the employer, determined as provided in subparagraph (H)(iv)(II)) to such individual
exceeds the limitation under clause (ii).
‘‘(v) AMOUNT DISTRIBUTED MAY BE REPAID.—Rules
similar to the rules of subparagraph (H)(v) shall apply
with respect to an individual who receives a distribution to which clause (i) applies.
‘‘(vi) DEFINITION AND SPECIAL RULES.—For purposes of this subparagraph:
‘‘(I) APPLICABLE ELIGIBLE RETIREMENT PLAN.—
The term ‘applicable eligible retirement plan’
means an eligible retirement plan (as defined in
section 402(c)(8)(B)) other than a defined benefit
plan or a plan to which sections 401(a)(11) and
417 apply.
‘‘(II) EXEMPTION OF DISTRIBUTIONS FROM
Applicability.
TRUSTEE TO TRUSTEE TRANSFER AND WITHHOLDING
RULES.—For purposes of sections 401(a)(31), 402(f),
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Effective dates.
26 USC 72 note.
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and 3405, an eligible distribution to a domestic
abuse victim shall not be treated as an eligible
rollover distribution.
‘‘(III) DISTRIBUTIONS TREATED AS MEETING
PLAN DISTRIBUTION REQUIREMENTS; SELF-CERTIFICATION.—Any distribution which the employee or
participant certifies as being an eligible distribution to a domestic abuse victim shall be treated
as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and
457(d)(1)(A).
‘‘(vii) INFLATION ADJUSTMENT.—In the case of a
taxable year beginning in a calendar year after 2024,
the $10,000 amount in clause (ii)(I) shall be increased
by an amount equal to—
‘‘(I) such dollar amount, multiplied by
‘‘(II) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting ‘calendar year 2023’ for ‘calendar year
2016’ in subparagraph (A)(ii) thereof.
If any amount after adjustment under the preceding
sentence is not a multiple of $100, such amount shall
be rounded to the nearest multiple of $100.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions made after December 31, 2023.
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136 STAT. 5351
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SEC. 315. REFORM OF FAMILY ATTRIBUTION RULE.
(a) IN GENERAL.—Section 414 is amended—
(1) in subsection (b)—
(A) by striking ‘‘For purposes of’’ and inserting the
following:
‘‘(1) IN GENERAL.—For purposes of’’, and
(B) by adding at the end the following new paragraphs:
‘‘(2) SPECIAL RULES FOR APPLYING FAMILY ATTRIBUTION.—
For purposes of applying the attribution rules under section
1563 with respect to paragraph (1), the following rules apply:
‘‘(A) Community property laws shall be disregarded
for purposes of determining ownership.
‘‘(B) Except as provided by the Secretary, stock of
an individual not attributed under section 1563(e)(5) to
such individual’s spouse shall not be attributed to such
spouse by reason of the combined application of paragraphs
(1) and (6)(A) of section 1563(e).
‘‘(C) Except as provided by the Secretary, in the case
of stock in different corporations that is attributed to a
child under section 1563(e)(6)(A) from each parent, and
is not attributed to such parents as spouses under section
1563(e)(5), such attribution to the child shall not by itself
result in such corporations being members of the same
controlled group.
‘‘(3) PLAN SHALL NOT FAIL TO BE TREATED AS SATISFYING
THIS SECTION.—If application of paragraph (2) causes 2 or more
entities to be a controlled group or to no longer be in a controlled
group, such change shall be treated as a transaction to which
section 410(b)(6)(C) applies.’’, and
(2) in subsection (m)(6)(B)—
(A) by striking ‘‘OWNERSHIP.—In determining’’ and
inserting the following: ‘‘OWNERSHIP.—
‘‘(i) IN GENERAL.—In determining’’,
(B) by adding at the end the following new clauses:
‘‘(ii) SPECIAL RULES FOR APPLYING FAMILY ATTRIBUTION.—For purposes of applying the attribution rules
under section 318 with respect to clause (i), the following rules apply:
‘‘(I) Community property laws shall be disregarded for purposes of determining ownership.
‘‘(II) Except as provided by the Secretary, stock
of an individual not attributed under section
318(a)(1)(A)(i) to such individual’s spouse shall not
be attributed by reason of the combined application
of paragraphs (1)(A)(ii) and (4) of section 318(a)
to such spouse from a child who has not attained
the age of 21 years.
‘‘(III) Except as provided by the Secretary, in
the case of stock in different organizations which
is attributed under section 318(a)(1)(A)(ii) from
each parent to a child who has not attained the
age of 21 years, and is not attributed to such
parents as spouses under section 318(a)(1)(A)(i),
such attribution to the child shall not by itself
result in such organizations being members of the
same affiliated service group.
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26 USC 414.
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136 STAT. 5352
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(iii) PLAN SHALL NOT FAIL TO BE TREATED AS SATISFYING THIS SECTION.—If the application of clause (ii)
Applicability.
26 USC 414 note.
causes two or more entities to be an affiliated service
group, or to no longer be in an affiliated service group,
such change shall be treated as a transaction to which
section 410(b)(6)(C) applies.’’, and
(C) by striking ‘‘apply’’ in clause (i), as so added, and
inserting ‘‘apply, except that community property laws shall
be disregarded for purposes of determining ownership’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
SEC. 316. AMENDMENTS TO INCREASE BENEFIT ACCRUALS UNDER
PLAN FOR PREVIOUS PLAN YEAR ALLOWED UNTIL
EMPLOYER TAX RETURN DUE DATE.
26 USC 401.
26 USC 401 note.
(a) IN GENERAL.—Section 401(b) is amended by adding at the
end the following new paragraph:
‘‘(3) RETROACTIVE PLAN AMENDMENTS THAT INCREASE BENEFIT ACCRUALS.—If—
‘‘(A) an employer amends a stock bonus, pension, profitsharing, or annuity plan to increase benefits accrued under
the plan effective as of any date during the immediately
preceding plan year (other than increasing the amount
of matching contributions (as defined in subsection
(m)(4)(A))),
‘‘(B) such amendment would not otherwise cause the
plan to fail to meet any of the requirements of this subchapter, and
‘‘(C) such amendment is adopted before the time prescribed by law for filing the return of the employer for
the taxable year (including extensions thereof) which
includes the date described in subparagraph (A),
the employer may elect to treat such amendment as having
been adopted as of the last day of the plan year in which
the amendment is effective.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
SEC. 317. RETROACTIVE FIRST YEAR ELECTIVE DEFERRALS FOR SOLE
PROPRIETORS.
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26 USC 401 note.
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(a) IN GENERAL.—Section 401(b)(2) is amended by adding at
the end the following: ‘‘In the case of an individual who owns
the entire interest in an unincorporated trade or business, and
who is the only employee of such trade or business, any elective
deferrals (as defined in section 402(g)(3)) under a qualified cash
or deferred arrangement to which the preceding sentence applies,
which are made by such individual before the time for filing the
return of such individual for the taxable year (determined without
regard to any extensions) ending after or with the end of the
plan’s first plan year, shall be treated as having been made before
the end of such first plan year.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to plan years beginning after the date of the enactment
of this Act.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 318. PERFORMANCE BENCHMARKS FOR ASSET ALLOCATION
FUNDS.
Deadlines.
(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Secretary of Labor shall promulgate
regulations under section 404 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104) providing that, in the case
of a designated investment alternative that contains a mix of asset
classes, the administrator of a plan may, but is not required to,
use a benchmark that is a blend of different broad-based securities
market indices if—
(1) the blend is reasonably representative of the asset class
holdings of the designated investment alternative;
(2) for purposes of determining the blend’s returns for
1-, 5-, and 10-calendar-year periods (or for the life of the alternative, if shorter), the blend is modified at least once per
year if needed to reflect changes in the asset class holdings
of the designated investment alternative;
(3) the blend is furnished to participants and beneficiaries
in a manner that is reasonably calculated to be understood
by the average plan participant; and
(4) each securities market index that is used for an associated asset class would separately satisfy the requirements of
such regulation for such asset class.
(b) STUDY.—Not later than 3 years after the applicability date
of regulations issued under this section, the Secretary of Labor
shall deliver a report to the Committees on Finance and Health,
Education, Labor, and Pensions of the Senate and the Committees
on Ways and Means and Education and Labor of the House of
Representatives regarding the utilization, and participants’ understanding, of the benchmarking requirements under this section.
Regulations.
29 USC 1104
note.
SEC.
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136 STAT. 5353
319.
REVIEW AND REPORT TO CONGRESS RELATING
REPORTING AND DISCLOSURE REQUIREMENTS.
TO
(a) STUDY.—As soon as practicable after the date of enactment
of this Act, the Secretary of Labor, the Secretary of the Treasury,
and the Director of the Pension Benefit Guaranty Corporation shall
review the reporting and disclosure requirements as applicable
to each such agency head, of—
(1) the Employee Retirement Income Security Act of 1974
applicable to pension plans (as defined in section 3(2) of such
Act (29 U.S.C. 1002(2)) covered by title I of such Act; and
(2) the Internal Revenue Code of 1986 applicable to qualified retirement plans (as defined in section 4974(c) of such
Code, without regard to paragraphs (4) and (5) of such section).
(b) REPORT.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the Secretary of Labor, the Secretary
of the Treasury, and the Director of the Pension Benefit Guaranty Corporation, jointly, and after consultation with a balanced
group of participant and employer representatives, shall with
respect to plans referenced in subsection (a) report on the
effectiveness of the applicable reporting and disclosure requirements and make such recommendations as may be appropriate
to the Committee on Education and Labor and the Committee
on Ways and Means of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions and
the Committee on Finance of the Senate to consolidate, simplify,
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Consultation.
Recommendations.
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136 STAT. 5354
PUBLIC LAW 117–328—DEC. 29, 2022
standardize, and improve such requirements so as to simplify
reporting for, and disclosure from, such plans and ensure that
plans can furnish and participants and beneficiaries timely
receive and better understand the information they need to
monitor their plans, plan for retirement, and obtain the benefits
they have earned.
(2) ANALYSIS OF EFFECTIVENESS.—To assess the effectiveness of the applicable reporting and disclosure requirements,
the report shall include an analysis of how participants and
beneficiaries are providing preferred contact information, the
methods by which plan sponsors and plans are furnishing
disclosures, and the rate at which participants and beneficiaries
are receiving, accessing, understanding, and retaining disclosures.
(3) COLLECTION OF INFORMATION.—The agencies shall conduct appropriate surveys and data collection to obtain any
needed information.
Surveys.
Data.
SEC.
kcroghan on LAP7511N33PROD with PUBLAWS
18 USC 664,
prec. 1001, 1027,
1954; 29 USC
441, 1031.
29 USC 1030a.
320.
ELIMINATING UNNECESSARY PLAN REQUIREMENTS
RELATED TO UNENROLLED PARTICIPANTS.
(a) AMENDMENT OF ERISA.—
(1) IN GENERAL.—Part 1 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1021 et seq.) is amended by redesignating section 111 as section
112 and by inserting after section 110 the following new section:
‘‘SEC.
111.
ELIMINATING UNNECESSARY PLAN REQUIREMENTS
RELATED TO UNENROLLED PARTICIPANTS.
‘‘(a) IN GENERAL.—Notwithstanding any other provision of this
title, with respect to any individual account plan, no disclosure,
notice, or other plan document (other than the notices and documents described in paragraphs (1) and (2)) shall be required to
be furnished under this title to any unenrolled participant if the
unenrolled participant is furnished—
‘‘(1) an annual reminder notice of such participant’s eligibility to participate in such plan and any applicable election
deadlines under the plan; and
‘‘(2) any document requested by such participant that the
participant would be entitled to receive notwithstanding this
section.
‘‘(b) UNENROLLED PARTICIPANT.—For purposes of this section,
the term ‘unenrolled participant’ means an employee who—
‘‘(1) is eligible to participate in an individual account plan;
‘‘(2) has been furnished—
‘‘(A) the summary plan description pursuant to section
104(b), and
‘‘(B) any other notices related to eligibility under the
plan required to be furnished under this title, or the
Internal Revenue Code of 1986, in connection with such
participant’s initial eligibility to participate in such plan;
‘‘(3) is not participating in such plan; and
‘‘(4) satisfies such other criteria as the Secretary of Labor
may determine appropriate, as prescribed in guidance issued
in consultation with the Secretary of Treasury.
For purposes of this section, any eligibility to participate in the
plan following any period for which such employee was not eligible
to participate shall be treated as initial eligibility.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5355
‘‘(c) ANNUAL REMINDER NOTICE.—For purposes of this section,
the term ‘annual reminder notice’ means a notice provided in accordance with section 2520.104b–1 of title 29, Code of Federal Regulations (or any successor regulation), which—
‘‘(1) is furnished in connection with the annual open season
election period with respect to the plan or, if there is no such
period, is furnished within a reasonable period prior to the
beginning of each plan year;
‘‘(2) notifies the unenrolled participant of—
‘‘(A) the unenrolled participant’s eligibility to participate in the plan; and
‘‘(B) the key benefits and rights under the plan, with
a focus on employer contributions and vesting provisions;
and
‘‘(3) provides such information in a prominent manner calculated to be understood by the average participant.’’.
(2) CLERICAL AMENDMENT.—The table of contents in section
1 of the Employee Retirement Income Security Act of 1974
is amended by striking the item relating to section 111 and
by inserting after the item relating to section 110 the following
new items:
Definition.
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‘‘Sec. 111. Eliminating unnecessary plan requirements related to unenrolled participants.
‘‘Sec. 112. Repeal and effective date.’’.
(b) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.—Section
414, as amended by the preceding provisions of this Act, is amended
by adding at the end the following new subsection:
‘‘(bb) ELIMINATING UNNECESSARY PLAN REQUIREMENTS
RELATED TO UNENROLLED PARTICIPANTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this title, with respect to any defined contribution plan, no
disclosure, notice, or other plan document (other than the
notices and documents described in subparagraphs (A) and
(B)) shall be required to be furnished under this title to any
unenrolled participant if the unenrolled participant is furnished—
‘‘(A) an annual reminder notice of such participant’s
eligibility to participate in such plan and any applicable
election deadlines under the plan, and
‘‘(B) any document requested by such participant that
the participant would be entitled to receive notwithstanding
this subsection.
‘‘(2) UNENROLLED PARTICIPANT.—For purposes of this subsection, the term ‘unenrolled participant’ means an employee
who—
‘‘(A) is eligible to participate in a defined contribution
plan,
‘‘(B) has been furnished—
‘‘(i) the summary plan description pursuant to section 104(b) of the Employee Retirement Income Security Act of 1974, and
‘‘(ii) any other notices related to eligibility under
the plan and required to be furnished under this title,
or the Employee Retirement Income Security Act of
1974, in connection with such participant’s initial eligibility to participate in such plan,
‘‘(C) is not participating in such plan, and
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26 USC 414.
Definition.
PUBL328
136 STAT. 5356
Definition.
26 USC 414 note.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(D) satisfies such other criteria as the Secretary of
the Treasury may determine appropriate, as prescribed
in guidance issued in consultation with the Secretary of
Labor.
For purposes of this subsection, any eligibility to participate
in the plan following any period for which such employee was
not eligible to participate shall be treated as initial eligibility.
‘‘(3) ANNUAL REMINDER NOTICE.—For purposes of this subsection, the term ‘annual reminder notice’ means the notice
described in section 111(c) of the Employee Retirement Income
Security Act of 1974.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2022.
SEC. 321. REVIEW OF PENSION RISK TRANSFER INTERPRETIVE BULLETIN.
Deadline.
Consultation.
Determination.
Assessment.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Labor shall—
(1) review section 2509.95–1 of title 29, Code of Federal
Regulations (relating to the fiduciary standards under the
Employee Retirement Income Security Act of 1974 when
selecting an annuity provider for a defined benefit pension
plan) and consult with the Advisory Council on Employee Welfare and Pension Benefit Plans (established under section 512
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1142)), to determine whether amendments to section
2509.95–1 of title 29, Code of Federal Regulations are warranted; and
(2) report to Congress on the findings of such review and
consultation, including an assessment of any risk to participants.
SEC. 322. TAX TREATMENT OF IRA INVOLVED IN A PROHIBITED TRANSACTION.
26 USC 408.
26 USC 408 note.
(a) IN GENERAL.—Section 408(e)(2)(A) is amended by striking
‘‘and’’ at the end of clause (i), by striking the period at the end
of clause (ii) and inserting ‘‘, and’’, and by adding at the end
the following new clause:
‘‘(iii) each individual retirement plan of the individual shall be treated as a separate contract.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
(2) NO INFERENCE.—Nothing in the amendments made by
this section shall be construed to infer the proper treatment
under the Internal Revenue Code of 1986 of individual retirement plans as 1 contract in the case of any other provision
of such Code to which the amendments made by this section
do not apply.
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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,
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PUBLIC LAW 117–328—DEC. 29, 2022
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 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:
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26 USC 6724.
PUBL328
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 amended by adding at the end the following flush
sentence:
‘‘For purposes of subparagraph (D), periodic payments shall
not fail to be treated as substantially equal merely because
they are amounts received as an annuity, and such periodic
payments shall be deemed to be substantially equal if they
are payable over a period described in subparagraph (D) and
would satisfy the requirements applicable to annuity payments
under section 401(a)(9) if such requirements applied.’’.
(e) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by subsections
(a), (b), and (c) shall apply to transfers, rollovers, and exchanges
occurring after December 31, 2023.
(2) ANNUITY PAYMENTS.—The amendment made by subsection (d) shall apply to distributions commencing on or after
the date of the enactment of this Act.
(3) NO INFERENCE.—Nothing in the amendments made by
this section shall be construed to create an inference with
respect to the law in effect prior to the effective date of such
amendments.
26 USC 72.
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Applicability.
26 USC 72 note.
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26 USC 408 note.
SEC. 324. TREASURY GUIDANCE ON ROLLOVERS.
Deadline.
Standards.
Guidance.
Procedures.
(a) IN GENERAL.—Not later than January 1, 2025, the Secretary
of the Treasury or the Secretary’s delegate shall, to simplify, standardize, facilitate, and expedite the completion of rollovers to eligible
retirement plans (as defined in section 402(c)(8)(B) of the Internal
Revenue Code of 1986) and trustee-to-trustee transfers from individual retirement plans (as defined in section 7701(a)(37) of such
Code), develop and issue—
(1) guidance in the form of sample forms (including relevant
procedures and protocols) for rollovers of eligible rollover distributions from a retirement to an eligible retirement plan
which—
(A) are written in a manner calculated to be understood
by the average person, and
(B) can be used by both distributing eligible retirement
plans and receiving retirement plans, and
(2) guidance in the form of sample forms (including relevant
procedures and protocols) for trustee-to-trustee transfers of
amounts from an individual retirement plan to another individual retirement plan which—
(A) are written in a manner calculated to be understood
by the average person, and
(B) can be used by both transferring individual retirement plans and individual retirement plans receiving the
transfer.
(b) OTHER REQUIREMENTS.—In developing the sample forms
under subsection (a), the Secretary (or Secretary’s delegate) shall
obtain relevant information from participants and plan sponsor
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PUBLIC LAW 117–328—DEC. 29, 2022
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 is amended
by adding at the end the following new paragraph:
‘‘(5) MANDATORY DISTRIBUTION RULES NOT TO APPLY BEFORE
DEATH.—Notwithstanding sections 403(b)(10) and 457(d)(2), the
following provisions shall not apply to any designated Roth
account:
‘‘(A) Section 401(a)(9)(A).
‘‘(B) The incidental death benefit requirements of section 401(a).’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendment made by this section shall apply to taxable years
beginning after December 31, 2023.
(2) SPECIAL RULE.—The amendment made by this section
shall not apply to distributions which are required with respect
to years beginning before January 1, 2024, but are permitted
to be paid on or after such date.
26 USC 402A.
26 USC 402A
note.
SEC. 326. EXCEPTION TO PENALTY ON EARLY DISTRIBUTIONS FROM
QUALIFIED PLANS FOR INDIVIDUALS WITH A TERMINAL
ILLNESS.
(a) IN GENERAL.—Section 72(t)(2), as amended by this Act,
is further amended by adding at the end the following new subparagraph:
‘‘(L) TERMINAL ILLNESS.—
‘‘(i) IN GENERAL.—Distributions which are made
to the employee who is a terminally ill individual on
or after the date on which such employee has been
certified by a physician as having a terminal illness.
‘‘(ii) DEFINITION.—For purposes of this subparagraph, the term ‘terminally ill individual’ has the same
meaning given such term under section 101(g)(4)(A),
except that ‘84 months’ shall be substituted for ‘24
months’.
‘‘(iii) DOCUMENTATION.—For purposes of this
subparagraph, an employee shall not be considered
to be a terminally ill individual unless such employee
furnishes sufficient evidence to the plan administrator
in such form and manner as the Secretary may require.
‘‘(iv) AMOUNT DISTRIBUTED MAY BE REPAID.—Rules
similar to the rules of subparagraph (H)(v) shall apply
with respect to an individual who receives a distribution to which clause (i) applies.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to distributions made after the date of the enactment
of this Act.
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SEC.
327.
SURVIVING
EMPLOYEE.
SPOUSE
ELECTION
TO
BE
TREATED
Applicability.
26 USC 72 note.
AS
(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
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136 STAT. 5360
Applicability.
26 USC 401 note.
26 USC 401 note.
PUBLIC LAW 117–328—DEC. 29, 2022
and the surviving spouse elects the treatment in this
clause—
‘‘(I) the regulations referred to in clause (iii)(II)
shall treat the surviving spouse as if the surviving
spouse were the employee,
‘‘(II) the date on which the distributions are
required to begin under clause (iii)(III) shall not
be earlier than the date on which the employee
would have attained the applicable age, and
‘‘(III) if the surviving spouse dies before the
distributions to such spouse begin, this subparagraph shall be applied as if the surviving spouse
is the employee.
An election described in this clause shall be made
at such time and in such manner as prescribed by
the Secretary, shall include a timely notice to the plan
administrator, and once made may not be revoked
except with the consent of the Secretary.’’.
(b) EXTENSION OF ELECTION OF AT LEAST AS RAPIDLY RULE.—
The Secretary shall amend Q&A–5(a) of Treasury Regulation section
1.401(a)(9)–5 (or any successor regulation thereto) to provide that
if the surviving spouse is the employee’s sole designated beneficiary
and the spouse elects treatment under section 401(a)(9)(B)(iv), then
the applicable distribution period for distribution calendar years
after the distribution calendar year including the employee’s date
of death is determined under the uniform lifetime table.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to calendar years beginning after December 31, 2023.
SEC. 328. REPEAL OF DIRECT PAYMENT REQUIREMENT ON EXCLUSION
FROM GROSS INCOME OF DISTRIBUTIONS FROM GOVERNMENTAL PLANS FOR HEALTH AND LONG-TERM CARE
INSURANCE.
26 USC 402.
Applicability.
26 USC 402 note.
(a) IN GENERAL.—Section 402(l)(5)(A) is amended to read as
follows:
‘‘(A) DIRECT PAYMENT TO INSURER PERMITTED.—
‘‘(i) IN GENERAL.—Paragraph (1) shall apply to a
distribution without regard to whether payment of the
premiums is made directly to the provider of the
accident or health plan or qualified long-term care
insurance contract by deduction from a distribution
from the eligible retirement plan, or is made to the
employee.
‘‘(ii) REPORTING.—In the case of a payment made
to the employee as described in clause (i), the employee
shall include with the return of tax for the taxable
year in which the distribution is made an attestation
that the distribution does not exceed the amount paid
by the employee for qualified health insurance premiums for such taxable year.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to distributions made after the date of the enactment
of this Act.
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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’’
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5361
and inserting ‘‘age 50 or 25 years of service under the plan, whichever is earlier’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to distributions made after the date of the enactment
of this Act.
26 USC 72 note.
SEC. 330. EXEMPTION FROM EARLY WITHDRAWAL PENALTY FOR CERTAIN STATE AND LOCAL GOVERNMENT CORRECTIONS
EMPLOYEES.
(a) IN GENERAL.—Clause (i) of section 72(t)(10)(B) is amended
by striking ‘‘or emergency medical services’’ and inserting ‘‘emergency medical services, or services as a corrections officer or as
a forensic security employee providing for the care, custody, and
control of forensic patients’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to distributions made after the date of the enactment
of this Act.
26 USC 72.
26 USC 72 note.
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SEC. 331. SPECIAL RULES FOR USE OF RETIREMENT FUNDS IN
CONNECTION WITH QUALIFIED FEDERALLY DECLARED
DISASTERS.
(a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.—
(1) IN GENERAL.—Paragraph (2) of section 72(t), as amended
by this Act, is further amended by adding at the end the
following new subparagraph:
‘‘(M) DISTRIBUTIONS FROM RETIREMENT PLANS IN
CONNECTION WITH FEDERALLY DECLARED DISASTERS.—Any
qualified disaster recovery distribution.’’.
(2) QUALIFIED DISASTER RECOVERY DISTRIBUTION.—Section
72(t) is amended by adding at the end the following new paragraph:
‘‘(11) QUALIFIED DISASTER RECOVERY DISTRIBUTION.—For
purposes of paragraph (2)(M)—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the term ‘qualified disaster recovery distribution’
means any distribution made—
‘‘(i) on or after the first day of the incident period
of a qualified disaster and before the date that is
180 days after the applicable date with respect to
such disaster, and
‘‘(ii) to an individual whose principal place of abode
at any time during the incident period of such qualified
disaster is located in the qualified disaster area with
respect to such qualified disaster and who has sustained an economic loss by reason of such qualified
disaster.
‘‘(B) AGGREGATE DOLLAR LIMITATION.—
‘‘(i) IN GENERAL.—For purposes of this subsection,
the aggregate amount of distributions received by an
individual which may be treated as qualified disaster
recovery distributions with respect to any qualified
disaster in all taxable years shall not exceed $22,000.
‘‘(ii) TREATMENT OF PLAN DISTRIBUTIONS.—If a distribution to an individual would (without regard to
clause (i)) be a qualified disaster recovery distribution,
a plan shall not be treated as violating any requirement
of this title merely because the plan treats such distribution as a qualified disaster recovery distribution,
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Definition.
PUBL328
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) CONTROLLED GROUP.—For purposes of clause
(ii), the term ‘controlled group’ means any group
treated as a single employer under subsection (b), (c),
(m), or (o) of section 414.
‘‘(C) AMOUNT DISTRIBUTED MAY BE REPAID.—
‘‘(i) IN GENERAL.—Any individual who receives a
qualified disaster recovery distribution may, at any
time during the 3-year period beginning on the day
after the date on which such distribution was received,
make one or more contributions in an aggregate
amount not to exceed the amount of such distribution
to an eligible retirement plan of which such individual
is a beneficiary and to which a rollover contribution
of such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case
may be.
‘‘(ii) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS
FROM ELIGIBLE RETIREMENT PLANS OTHER THAN IRAS.—
For purposes of this title, if a contribution is made
pursuant to clause (i) with respect to a qualified disaster recovery distribution from a plan other than an
individual retirement plan, then the taxpayer shall,
to the extent of the amount of the contribution, be
treated as having received the qualified disaster
recovery distribution in an eligible rollover distribution
(as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in
a direct trustee to trustee transfer within 60 days
of the distribution.
‘‘(iii) TREATMENT OF REPAYMENTS FOR DISTRIBUTIONS FROM IRAS.—For purposes of this title, if a contribution is made pursuant to clause (i) with respect
to a qualified disaster recovery distribution from an
individual retirement plan, then, to the extent of the
amount of the contribution, the qualified disaster
recovery distribution shall be treated as a distribution
described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee
to trustee transfer within 60 days of the distribution.
‘‘(D) INCOME INCLUSION SPREAD OVER 3-YEAR PERIOD.—
‘‘(i) IN GENERAL.—In the case of any qualified disaster recovery distribution, unless the taxpayer elects
not to have this subparagraph apply for any taxable
year, any amount required to be included in gross
income for such taxable year shall be so included ratably over the 3-taxable year period beginning with
such taxable year.
‘‘(ii) SPECIAL RULE.—For purposes of clause (i),
rules similar to the rules of subparagraph (E) of section
408A(d)(3) shall apply.
‘‘(E) QUALIFIED DISASTER.—For purposes of this paragraph and paragraph (8), the term ‘qualified disaster’
Definition.
Deadlines.
Time period.
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Applicability.
Definition.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
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Applicability.
26 USC 72 note.
PUBL328
136 STAT. 5364
PUBLIC LAW 117–328—DEC. 29, 2022
(b) RECONTRIBUTIONS
OF
WITHDRAWALS
FOR
HOME PUR-
CHASES.—
(1) INDIVIDUAL RETIREMENT PLANS.—Paragraph (8) of section 72(t) is amended by adding at the end the following new
subparagraph:
‘‘(F) RECONTRIBUTIONS.—
‘‘(i) GENERAL RULE.—
‘‘(I) IN GENERAL.—Any individual who received
a qualified distribution may, during the applicable
period, make one or more contributions in an
aggregate amount not to exceed the amount of
such qualified distribution to an eligible retirement
plan (as defined in section 402(c)(8)(B)) of which
such individual is a beneficiary and to which a
rollover contribution of such distribution could be
made under section 402(c), 403(a)(4), 403(b)(8), or
408(d)(3), as the case may be.
‘‘(II) TREATMENT OF REPAYMENTS.—Rules
similar to the rules of clauses (ii) and (iii) of paragraph (11)(C) shall apply for purposes of this subsection.
‘‘(ii) QUALIFIED DISTRIBUTION.—For purposes of
this subparagraph, the term ‘qualified distribution’
means any distribution—
‘‘(I) which is a qualified first-time homebuyer
distribution,
‘‘(II) which was to be used to purchase or
construct a principal residence in a qualified disaster area, but which was not so used on account
of the qualified disaster with respect to such area,
and
‘‘(III) which was received during the period
beginning on the date which is 180 days before
the first day of the incident period of such qualified
disaster and ending on the date which is 30 days
after the last day of such incident period.
‘‘(iii) APPLICABLE PERIOD.—For purposes of this
subparagraph, the term ‘applicable period’ means, in
the case of a principal residence in a qualified disaster
area with respect to any qualified disaster, the period
beginning on the first day of the incident period of
such qualified disaster and ending on the date which
is 180 days after the applicable date with respect to
such disaster.’’.
(2) QUALIFIED PLANS.—Subsection (c) of section 402, as
amended by this Act, is further amended by adding at the
end the following new paragraph:
‘‘(13) RECONTRIBUTIONS OF WITHDRAWALS FOR HOME PURCHASES.—
‘‘(A) GENERAL RULE.—
‘‘(i) IN GENERAL.—Any individual who received a
qualified distribution may, during the applicable
period, make one or more contributions in an aggregate
amount not to exceed the amount of such qualified
distribution to an eligible retirement plan (as defined
in paragraph (8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such
26 USC 72.
Definitions.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) TREATMENT OF REPAYMENTS.—Rules similar
to the rules of clauses (ii) and (iii) of section 72(t)(11)(C)
shall apply for purposes of this subsection.
‘‘(B) QUALIFIED DISTRIBUTION.—For purposes of this
paragraph, the term ‘qualified distribution’ means any distribution—
‘‘(i) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(i)(V), or 403(b)(11)(B),
‘‘(ii) which was to be used to purchase or construct
a principal residence in a qualified disaster area, but
which was not so used on account of the qualified
disaster with respect to such area, and
‘‘(iii) which was received during the period beginning on the date which is 180 days before the first
day of the incident period of such qualified disaster
and ending on the date which is 30 days after the
last day of such incident period.
‘‘(C) DEFINITIONS.—For purposes of this paragraph—
‘‘(i) the terms ‘qualified disaster’, ‘qualified disaster
area’, and ‘incident period’ have the meaning given
such terms under section 72(t)(11), and
‘‘(ii) the term ‘applicable period’ has the meaning
given such term under section 72(t)(8)(F).’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to recontributions of withdrawals for home
purchases with respect to disasters the incident period (as
defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code
of 1986, as added by this subsection) for which begins on
or after the date which is 30 days after the date of the enactment of the Taxpayer Certainty and Disaster Tax Relief Act
of 2020.
(c) LOANS FROM QUALIFIED PLANS.—
(1) IN GENERAL.—Subsection (p) of section 72 is amended
by adding at the end the following new paragraph:
‘‘(6) INCREASE IN LIMIT ON LOANS NOT TREATED AS DISTRIBUTIONS.—
‘‘(A) IN GENERAL.—In the case of any loan from a
qualified employer plan to a qualified individual made
during the applicable period—
‘‘(i) clause (i) of paragraph (2)(A) shall be applied
by substituting ‘$100,000’ for ‘$50,000’, and
‘‘(ii) clause (ii) of such paragraph shall be applied
by substituting ‘the present value of the nonforfeitable
accrued benefit of the employee under the plan’ for
‘one-half of the present value of the nonforfeitable
accrued benefit of the employee under the plan’.
‘‘(B) DELAY OF REPAYMENT.—In the case of a qualified
individual with respect to any qualified disaster with an
outstanding loan from a qualified employer plan on or
after the applicable date with respect to the qualified disaster—
‘‘(i) if the due date pursuant to subparagraph (B)
or (C) of paragraph (2) for any repayment with respect
to such loan occurs during the period beginning on
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Applicability.
Definition.
Time period.
Applicability.
26 USC 72 note.
26 USC 72.
Applicability.
Time periods.
PUBL328
136 STAT. 5366
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Applicability.
26 USC 72 note.
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PUBLIC LAW 117–328—DEC. 29, 2022
the first day of the incident period of such qualified
disaster and ending on the date which is 180 days
after the last day of such incident period, such due
date may be delayed for 1 year,
‘‘(ii) any subsequent repayments with respect to
any such loan may be appropriately adjusted to reflect
the delay in the due date under clause (i) and any
interest accruing during such delay, and
‘‘(iii) in determining the 5-year period and the
term of a loan under subparagraph (B) or (C) of paragraph (2), the period described in clause (i) may be
disregarded.
‘‘(C) DEFINITIONS.—For purposes of this paragraph—
‘‘(i) QUALIFIED INDIVIDUAL.—The term ‘qualified
individual’ means any individual—
‘‘(I) whose principal place of abode at any time
during the incident period of any qualified disaster
is located in the qualified disaster area with
respect to such qualified disaster, and
‘‘(II) who has sustained an economic loss by
reason of such qualified disaster.
‘‘(ii) APPLICABLE PERIOD.—The applicable period
with respect to any disaster is the period—
‘‘(I) beginning on the applicable date with
respect to such disaster, and
‘‘(II) ending on the date that is 180 days after
such applicable date.
‘‘(iii) OTHER TERMS.—For purposes of this paragraph—
‘‘(I) the terms ‘applicable date’, ‘qualified disaster’, ‘qualified disaster area’, and ‘incident
period’ have the meaning given such terms under
subsection (t)(11), and
‘‘(II) the term ‘applicable period’ has the
meaning given such term under subsection (t)(8).’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply to plan loans made with respect to disasters
the incident period (as defined in section 72(t)(11)(F)(ii) of the
Internal Revenue Code of 1986, as added by this subsection)
for which begins on or after the date which is 30 days after
the date of the enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020.
(d) GAO REPORT.—The Comptroller General of the United
States shall submit a report to the Committees on Finance and
Health, Education, Labor and Pensions of the Senate and the
Committees on Ways and Means and Education and Labor of the
House of Representatives on taxpayer utilization of the retirement
disaster relief permitted by the amendments made by this section
and or permitted by prior legislation, including a comparison of
utilization by higher and lower income taxpayers and whether
the $22,000 threshold on distributions provides adequate relief for
taxpayers who suffer from a disaster.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5367
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SEC. 332. EMPLOYERS ALLOWED TO REPLACE SIMPLE RETIREMENT
ACCOUNTS WITH SAFE HARBOR 401(k) PLANS DURING A
YEAR.
(a) IN GENERAL.—Section 408(p) is amended by adding at the
end the following new paragraph:
‘‘(11) REPLACEMENT OF SIMPLE RETIREMENT ACCOUNTS WITH
SAFE HARBOR PLANS DURING PLAN YEAR.—
‘‘(A) IN GENERAL.—Subject to the requirements of this
paragraph, an employer may elect (in such form and
manner as the Secretary may prescribe) at any time during
a year to terminate the qualified salary reduction arrangement under paragraph (2), but only if the employer establishes and maintains (as of the day after the termination
date) a safe harbor plan to replace the terminated arrangement.
‘‘(B) COMBINED LIMITS ON CONTRIBUTIONS.—The terminated arrangement and safe harbor plan shall both be
treated as violating the requirements of paragraph (2)(A)(ii)
or section 401(a)(30) (whichever is applicable) if the aggregate elective contributions of the employee under the terminated arrangement during its last plan year and under
the safe harbor plan during its transition year exceed the
sum of—
‘‘(i) the applicable dollar amount for such arrangement (determined on a full-year basis) under this subsection (after the application of section 414(v)) with
respect to the employee for such last plan year multiplied by a fraction equal to the number of days in
such plan year divided by 365, and
‘‘(ii) the applicable dollar amount (as so determined) under section 402(g)(1) for such safe harbor
plan on such elective contributions during the transition year multiplied by a fraction equal to the number
of days in such transition year divided by 365.
‘‘(C) TRANSITION YEAR.—For purposes of this paragraph, the transition year is the period beginning after
the termination date and ending on the last day of the
calendar year during which the termination occurs.
‘‘(D) SAFE HARBOR PLAN.—For purposes of this paragraph, the term ‘safe harbor plan’ means a qualified cash
or deferred arrangement which meets the requirements
of paragraph (11), (12), (13), or (16) of section 401(k).’’.
(b) WAIVER OF 2-YEAR WITHDRAWAL LIMITATION IN CASE OF
PLANS CONVERTING TO 401(k) OR 403(b).—
(1) IN GENERAL.—Paragraph (6) of section 72(t) is
amended—
(A) by striking ‘‘ACCOUNTS.—In the case of’’ and
inserting ‘‘ACCOUNTS.—
‘‘(A) IN GENERAL.—In the case of’’, and
(B) by adding at the end the following new subparagraph:
‘‘(B) WAIVER IN CASE OF PLAN CONVERSION TO 401(k)
OR 403(b).—In the case of an employee of an employer
which terminates the qualified salary reduction arrangement of the employer under section 408(p) and establishes
a qualified cash or deferred arrangement described in section 401(k) or purchases annuity contracts described in
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26 USC 408.
Definition.
PUBL328
136 STAT. 5368
26 USC 408.
26 USC 72 note.
PUBLIC LAW 117–328—DEC. 29, 2022
section 403(b), subparagraph (A) shall not apply to any
amount which is paid in a rollover contribution described
in section 408(d)(3) into a qualified trust under section
401(k) (but only if such contribution is subsequently subject
to the rules of section 401(k)(2)(B)) or an annuity contract
described in section 403(b) (but only if such contribution
is subsequently subject to the rules of section 403(b)(12))
for the benefit of the employee.’’.
(2) CONFORMING AMENDMENT.—Subparagraph (G) of section 408(d)(3) is amended by striking ‘‘72(t)(6)’’ and inserting
‘‘72(t)(6)(A)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
SEC. 333. ELIMINATION OF ADDITIONAL TAX ON CORRECTIVE DISTRIBUTIONS OF EXCESS CONTRIBUTIONS.
Applicability.
26 USC 72 note.
(a) IN GENERAL.—Subparagraph (A) of section 72(t)(2) is
amended—
(1) by striking ‘‘or’’ at the end of clause (vii);
(2) by striking the period at the end of clause (viii) and
inserting ‘‘, or’’; and
(3) by inserting after clause (viii) the following new clause:
‘‘(ix) attributable to withdrawal of net income
attributable to a contribution which is distributed
pursuant to section 408(d)(4).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to any determination of, or affecting, liability for taxes,
interest, or penalties which is made on or after the date of the
enactment of this Act, without regard to whether the act (or failure
to act) upon which the determination is based occurred before
such date of enactment. Notwithstanding the preceding sentence,
nothing in the amendments made by this section shall be construed
to create an inference with respect to the law in effect prior to
the effective date of such amendments.
SEC. 334. LONG-TERM CARE CONTRACTS PURCHASED WITH RETIREMENT PLAN DISTRIBUTIONS.
Definition.
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Regulations.
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(a) IN GENERAL.—Section 401(a) is amended by inserting after
paragraph (38) the following new paragraph:
‘‘(39) QUALIFIED LONG-TERM CARE DISTRIBUTIONS.—
‘‘(A) IN GENERAL.—A trust forming part of a defined
contribution plan shall not be treated as failing to constitute a qualified trust under this section solely by reason
of allowing qualified long-term care distributions.
‘‘(B) QUALIFIED LONG-TERM CARE DISTRIBUTION.—For
purposes of this paragraph—
‘‘(i) IN GENERAL.—The term ‘qualified long-term
care distribution’ means so much of the distributions
made during the taxable year as does not exceed, in
the aggregate, the least of the following:
‘‘(I) The amount paid by or assessed to the
employee during the taxable year for or with
respect to certified long-term care insurance for
the employee or the employee’s spouse (or other
family member of the employee as provided by
the Secretary by regulation).
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PUBLIC LAW 117–328—DEC. 29, 2022
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) ADJUSTMENT FOR INFLATION.—In the case of
taxable years beginning after December 31, 2024, the
$2,500 amount in clause (i)(II) shall be increased by
an amount equal to—
‘‘(I) such dollar amount, multiplied by
‘‘(II) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting ‘calendar year 2023’ for ‘calendar year
2016’ in subparagraph (A)(ii) thereof.
If any increase under the preceding sentence is not
a multiple of $100, such amount shall be rounded
to the nearest multiple of $100.
‘‘(C) CERTIFIED LONG-TERM CARE INSURANCE.—The
term ‘certified long-term care insurance’ means—
‘‘(i) a qualified long-term care insurance contract
(as defined in section 7702B(b)) covering qualified longterm care services (as defined in section 7702B(c)),
‘‘(ii) coverage of the risk that an insured individual
would become a chronically ill individual (within the
meaning of section 101(g)(4)(B)) under a rider or other
provision of a life insurance contract which satisfies
the requirements of section 101(g)(3) (determined without regard to subparagraph (D) thereof), or
‘‘(iii) coverage of qualified long-term care services
(as so defined) under a rider or other provision of
an insurance or annuity contract which is treated as
a separate contract under section 7702B(e) and satisfies the requirements of section 7702B(g),
if such coverage provides meaningful financial assistance
in the event the insured needs home-based or nursing
home care. For purposes of the preceding sentence, coverage
shall not be deemed to provide meaningful financial assistance unless benefits are adjusted for inflation and consumer protections are provided, including protection in the
event the coverage is terminated.
‘‘(D) DISTRIBUTIONS MUST OTHERWISE BE INCLUDIBLE.—
Rules similar to the rules of section 402(l)(3) shall apply
for purposes of this paragraph.
‘‘(E) LONG-TERM CARE PREMIUM STATEMENT.—
‘‘(i) IN GENERAL.—No distribution shall be treated
as a qualified long-term care distribution unless a longterm 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,
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Effective date.
Definition.
Applicability.
PUBL328
136 STAT. 5370
Disclosure.
26 USC 401.
Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(III) identification of the employee as the
owner of such coverage,
‘‘(IV) identification of the individual covered
and such individual’s relationship to the employee,
‘‘(V) the premiums owed for the coverage for
the calendar year, and
‘‘(VI) such other information as the Secretary
may require.
‘‘(iii) FILING WITH SECRETARY.—A long-term care
premium statement will be accepted only if the issuer
has completed a disclosure to the Secretary for the
specific coverage product to which the statement
relates. Such disclosure shall identify the issuer, type
of coverage, and such other information as the Secretary may require which is included in the filing
of the product with the applicable State authority.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 401(k)(2)(B)(i) is amended by striking ‘‘or’’ at
the end of subclause (V), by adding ‘‘or’’ at the end of subclause
(VI), and by adding at the end the following new subclause:
‘‘(VII) as provided in section 401(a)(39),’’.
(2) Section 403(a) is amended by adding at the end the
following new paragraph:
‘‘(6) QUALIFIED LONG-TERM CARE DISTRIBUTIONS.—An
annuity contract shall not fail to be subject to this subsection
solely by reason of allowing distributions to which section
401(a)(39) applies.’’.
(3) Section 403(b)(7)(A)(i) is amended by striking ‘‘or’’ at
the end of subclause (V), by striking ‘‘and’’ at the end of subclause (VI) and inserting ‘‘or’’ and by adding at the end the
following new subclause:
‘‘(VII) as provided for distributions to which
section 401(a)(39) applies, and’’.
(4) Section 403(b)(11) is amended by striking ‘‘or’’ at the
end of subparagraph (C), by striking the period at the end
of subparagraph (D) and inserting ‘‘, or’’, and by inserting
after subparagraph (D) the following new subparagraph:
‘‘(E) for distributions to which section 401(a)(39)
applies.’’.
(5) Section 457(d)(1)(A) is amended by striking ‘‘or’’ at
the end of clause (iii), by striking the comma at the end of
clause (iv) and inserting ‘‘, or’’, and by adding at the end
the following new clause:
‘‘(v) as provided in section 401(a)(39),’’.
(c) EXEMPTION FROM ADDITIONAL TAX ON EARLY DISTRIBUTIONS.—Section 72(t)(2), as amended by this Act, is further amended
by adding at the end the following new subparagraph:
‘‘(N) QUALIFIED LONG-TERM CARE DISTRIBUTIONS.—
‘‘(i) IN GENERAL.—Any qualified long-term care distribution to which section 401(a)(39) applies.
‘‘(ii) EXCEPTION.—If, with respect to the plan, the
individual covered by the long-term care coverage to
which such distribution relates is the spouse of the
employee, clause (i) shall apply only if the employee
and the employee’s spouse file a joint return.
‘‘(iii) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE
TO TRUSTEE TRANSFER AND WITHHOLDING RULES.—For
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PUBLIC LAW 117–328—DEC. 29, 2022
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:
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‘‘SEC. 6050Z. REPORTS RELATING TO LONG-TERM CARE PREMIUM
STATEMENTS.
‘‘(a) REQUIREMENT OF REPORTING.—Any issuer of certified longterm care insurance (as defined in section 401(a)(39)(C)) who provides a long-term care premium statement with respect to any
purchaser pursuant to section 401(a)(39)(E) for a calendar year,
shall make a return not later than February 1 of the succeeding
calendar year, according to forms or regulations prescribed by the
Secretary, setting forth with respect to each such purchaser—
‘‘(1) the name and taxpayer identification number of such
issuer,
‘‘(2) a statement that the coverage is certified long-term
care insurance as defined in section 401(a)(39)(C),
‘‘(3) the name of the owner of such coverage,
‘‘(4) identification of the individual covered and such
individual’s relationship to the owner,
‘‘(5) the premiums paid for the coverage for the calendar
year, and
‘‘(6) such other information as the Secretary may require.
‘‘(b) STATEMENT TO BE FURNISHED TO PERSONS WITH RESPECT
TO WHOM INFORMATION IS REQUIRED.—Every person required to
make a return under subsection (a) shall furnish to each individual
whose name is required to be set forth in such return a written
statement showing—
‘‘(1) the name, address, and phone number of the information contact of the issuer of the contract or coverage, and
‘‘(2) the aggregate amount of premiums and charges paid
under the contract or coverage covering the insured individual
during the calendar year.
The written statement required under the preceding sentence shall
be furnished to the individual or individuals on or before January
31 of the year following the calendar year for which the return
required under subsection (a) was required to be made.
‘‘(c) CONTRACTS OR COVERAGE COVERING MORE THAN ONE
INSURED.—In the case of contracts or coverage covering more than
one insured, the return and statement required by subsections
(a) and (b) shall identify only the portion of the premium that
is properly allocable to the insured in respect of whom the return
or statement is made.
‘‘(d) STATEMENT TO BE FURNISHED ON REQUEST.—If any individual to whom a return is required to be furnished under subsection (b) requests that such a return be furnished at any time
before the close of the calendar year, the person required to make
the return under subsection (b) shall comply with such request
and shall furnish to the Secretary at such time a copy of the
return so provided.’’.
(2) PENALTIES.—Section 6724(d) is amended—
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26 USC 6050Z.
Effective date.
Compliance.
Records.
26 USC 872.
PUBL328
136 STAT. 5372
PUBLIC LAW 117–328—DEC. 29, 2022
(A) in paragraph (1)(B), by adding ‘‘or’’ at the end
of clause (xxvii) and by inserting after such clause the
following new clause:
‘‘(xxviii) section 6050Z (relating to reports relating
to long-term care premium statements), and’’, and
(B) in paragraph (2)—
(i) by redesignating subparagraph (JJ), relating
to section 6050Y, as subparagraph (KK) and moving
such subparagraph to the position immediately after
subparagraph (JJ), relating to section 6226(a)(2),
(ii) by striking ‘‘or’’ at the end of subparagraph
(II),
(iii) by striking the period at the end of subparagraph (JJ), relating to section 6226(a)(2), and inserting
a comma,
(iv) by striking the period at the end of subparagraph (KK), as so redesignated, and inserting ‘‘, or’’,
and
(v) by inserting after subparagraph (KK), as so
redesignated, the following new subparagraph:
‘‘(LL) section 6050Z (relating to reports relating to
long-term care premium statements).’’.
(3) CLERICAL AMENDMENT.—The table of sections for subpart B of part III of subchapter A of chapter 61 is amended
by adding after the item relating to section 6050Y the following
new item:
26 USC
prec. 6041.
‘‘Sec. 6050Z. Reports relating to long-term care premium statements.’’.
26 USC 72 note.
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26 USC 401 note.
VerDate Sep 11 2014
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions made after the date which is 3 years
after the date of the enactment of this Act.
(f) DISCLOSURE TO TREASURY OF LONG-TERM CARE INSURANCE
PRODUCTS.—The Secretary of the Treasury (or the Secretary’s delegate) shall issue such forms and guidance as are necessary to
collect the filing required by section 401(a)(39)(E)(iii) of the Internal
Revenue Code of 1986, as added by this section.
26 USC 430 note.
SEC. 335. CORRECTIONS OF MORTALITY TABLES.
Deadline.
Regulations.
(a) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Secretary of the Treasury (or
the Secretary’s delegate) shall amend the regulation relating to
‘‘Mortality Tables for Determining Present Value Under Defined
Benefit Pension Plans’’ (82 Fed. Reg. 46388 (October 5, 2017)).
Under such amendment, for valuation dates occurring during or
after 2024, such mortality improvement rates shall not assume
for years beyond the valuation date future mortality improvements
at any age which are greater than .78 percent. The Secretary
of the Treasury (or delegate) shall by regulation modify the .78
percent figure in the preceding sentence as necessary to reflect
material changes in the overall rate of improvement projected by
the Social Security Administration.
(b) EFFECTIVE DATE.—The amendments required under subsection (a) shall be deemed to have been made as of the date
of the enactment of this Act, and as of such date all applicable
laws shall be applied in all respects as though the actions which
the Secretary of the Treasury (or the Secretary’s delegate) is
required to take under such subsection had been taken.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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. 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.
Recommendations.
SEC. 337. MODIFICATION OF REQUIRED MINIMUM DISTRIBUTION
RULES FOR SPECIAL NEEDS TRUSTS.
(a) IN GENERAL.—Section 401(a)(9)(H)(iv)(II) is amended by
striking ‘‘no individual’’ and inserting ‘‘no beneficiary’’.
(b) CONFORMING AMENDMENT.—Section 401(a)(9)(H)(v) is
amended by adding at the end the following flush sentence:
‘‘For purposes of the preceding sentence, in the case
of a trust the terms of which are described in clause
(iv)(II), any beneficiary which is an organization
described in section 408(d)(8)(B)(i) shall be treated as
a designated beneficiary described in subclause (II).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to calendar years beginning after the date of the enactment of this Act.
26 USC 401
26 USC 401 note.
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SEC. 338. REQUIREMENT TO PROVIDE PAPER STATEMENTS IN CERTAIN CASES.
(a) IN GENERAL.—Section 105(a)(2) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended—
(1) in subparagraph (A)(iv), by inserting ‘‘subject to
subparagraph (E),’’ before ‘‘may be delivered’’; and
(2) by adding at the end the following:
‘‘(E) PROVISION OF PAPER STATEMENTS.—With respect
to at least 1 pension benefit statement furnished for a
calendar year with respect to an individual account plan
under paragraph (1)(A), and with respect to at least 1
pension benefit statement furnished every 3 calendar years
with respect to a defined benefit plan under paragraph
(1)(B), such statement shall be furnished on paper in written form except—
‘‘(i) in the case of a plan that furnishes such statement in accordance with section 2520.104b-1(c) of title
29, Code of Federal Regulations; or
‘‘(ii) in the case of a plan that permits a participant
or beneficiary to request that the statements referred
to in the matter preceding clause (i) be furnished by
electronic delivery, if the participant or beneficiary
requests that such statements be delivered electronically and the statements are so delivered.’’.
(b) IMPLEMENTATION.—
(1) IN GENERAL.—The Secretary of Labor shall, not later
than December 31, 2024, update section 2520.104b-1(c) of title
29, Code of Federal Regulations, to provide that a plan may
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Time period.
29 USC 1025
note.
Deadline.
Effective date.
PUBL328
136 STAT. 5374
Deadline.
29 USC 1025
note.
PUBLIC LAW 117–328—DEC. 29, 2022
furnish the statements referred to in subparagraph (E) of section 105(a)(2) of the Employee Retirement Income Security
Act of 1974 by electronic delivery only if, with respect to participants who first become eligible to participate, and beneficiaries
who first become eligible for benefits, after December 31, 2025,
in addition to meeting the other requirements under the regulations such plan furnishes each participant or beneficiary a
one-time initial notice on paper in written form, prior to the
electronic delivery of any pension benefit statement, of their
right to request that all documents required to be disclosed
under title I of the Employee Retirement Income Security Act
of 1974 be furnished on paper in written form.
(2) OTHER GUIDANCE.—In implementing the amendment
made by subsection (a) with respect to a plan that discloses
required documents or statements electronically, in accordance
with applicable guidance governing electronic disclosure by the
Department of Labor (with the exception of section 2520.104b1(c) of title 29, Code of Federal Regulations), the Secretary
of Labor shall, not later than December 31, 2024, update such
guidance to the extent necessary to ensure that—
(A) a participant or beneficiary under such a plan
is permitted the opportunity to request that any disclosure
required to be delivered on paper under applicable guidance
by the Department of Labor shall be furnished by electronic
delivery;
(B) each paper statement furnished under such a plan
pursuant to the amendment shall include—
(i) an explanation of how to request that all such
statements, and any other document required to be
disclosed under title I of the Employee Retirement
Income Security Act of 1974, be furnished by electronic
delivery; and
(ii) contact information for the plan sponsor,
including a telephone number;
(C) the plan may not charge any fee to a participant
or beneficiary for the delivery of any paper statements;
(D) each document required to be disclosed that is
furnished by electronic delivery under such a plan shall
include an explanation of how to request that all such
documents be furnished on paper in written form; and
(E) a plan is permitted to furnish a duplicate electronic
statement in any case in which the plan furnishes a paper
pension benefit statement.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to plan years beginning after December
31, 2025.
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SEC. 339. RECOGNITION OF TRIBAL GOVERNMENT DOMESTIC RELATIONS ORDERS.
(a) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.—
(1) IN GENERAL.—Clause (ii) of section 414(p)(1)(B) is
amended by inserting ‘‘or Tribal’’ after ‘‘State’’.
(2) CONFORMING AMENDMENT.—Subparagraph (B) of section
414(p)(1) is amended by adding at the end the following flush
sentence:
‘‘For purposes of clause (ii), the term ‘Tribal’ with respect
to a domestic relations law means such a law which is
Definition.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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 purposes of clause (ii)(II), the term ‘Tribal’ with respect
to a domestic relations law means such a law which is
issued by or under the laws of an Indian tribal government
(as defined in section 7701(a)(40) of the Internal Revenue
Code of 1986), a subdivision of such an Indian tribal government, or an agency or instrumentality of either.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to domestic relations orders received by plan administrators after December 31, 2022, including any such order which
is submitted for reconsideration after such date.
Definition.
Applicability.
26 USC 414 note.
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SEC. 340. DEFINED CONTRIBUTION PLAN FEE DISCLOSURE IMPROVEMENTS.
Not later than 3 years after the date of enactment of this
Act, the Secretary of Labor shall—
(1) review section 2550.404a–5 of title 29, Code of Federal
Regulations (relating to fiduciary requirements for disclosure
in participant-directed individual account plans);
(2) explore, through a public request for information or
otherwise, how the contents and design of the disclosures
described in such section may be improved to enhance participants’ understanding of fees and expenses related to a defined
contribution plan (as defined in section 3 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002)) as
well as the cumulative effect of such fees and expenses on
retirement savings over time; and
(3) report to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education
and Labor of the House of Representatives on the findings
of the exploration described in paragraph (2), including beneficial education for consumers on financial literacy concepts
as related to retirement plan fees and recommendations for
legislative changes needed to address such findings.
Deadline.
SEC.
26 USC 401 note.
341.
CONSOLIDATION
NOTICES.
OF
DEFINED
CONTRIBUTION
PLAN
Not later than 2 years after the date of enactment of this
Act, the Secretary of Labor and the Secretary of the Treasury
(or such Secretaries’ delegates) shall adopt regulations providing
that a plan (as defined in section 3 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002)) may, but is not
required to, consolidate 2 or more of the notices required under
sections 404(c)(5)(B) and 514(e)(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1104(c)(5)(B) and 29 U.S.C.
1144(e)(3)) and sections 401(k)(12)(D), 401(k)(13)(E), and 414(w)(4)
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Review.
Reports.
Recommendations.
Deadline.
Regulations.
PUBL328
136 STAT. 5376
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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(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:
VerDate Sep 11 2014
29 USC 1032.
‘‘SEC. 113. NOTICE AND DISCLOSURE REQUIREMENTS WITH RESPECT
TO LUMP SUMS.
Deadlines.
‘‘(a) IN GENERAL.—A plan administrator of a pension plan that
amends the plan to provide a period of time during which a participant or beneficiary may elect to receive a lump sum, instead of
future monthly payments, shall furnish notice—
‘‘(1) to each participant or beneficiary offered such lump
sum amount, in the manner in which the participant and
beneficiary receives the lump sum offer from the plan sponsor,
not later than 90 days prior to the first day on which the
participant or beneficiary may make an election with respect
to such lump sum; and
‘‘(2) to the Secretary and the Pension Benefit Guaranty
Corporation, not later than 30 days prior to the first day
on which participants and beneficiaries may make an election
with respect to such lump sum.
‘‘(b) NOTICE TO PARTICIPANTS AND BENEFICIARIES.—
‘‘(1) CONTENT.—The notice required under subsection (a)(1)
shall include the following:
‘‘(A) Available benefit options, including the estimated
monthly benefit that the participant or beneficiary would
receive at normal retirement age, whether there is a subsidized early retirement option or qualified joint and survivor annuity that is fully subsidized (in accordance with
section 417(a)(5) of the Internal Revenue Code of 1986,
the monthly benefit amount if payments begin immediately,
and the lump sum amount available if the participant
or beneficiary takes the option.
‘‘(B) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions,
and whether any additional plan benefits were included
in the lump sum, such as early retirement subsidies.
‘‘(C) In a manner consistent with the manner in which
a written explanation is required to be given under
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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PUBL328
136 STAT. 5378
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(d) POST-OFFER REPORT TO THE SECRETARY AND PENSION BENGUARANTY CORPORATION.—Not later than 90 days after the
conclusion of the limited period during which participants and
beneficiaries in a plan may accept a plan’s offer of a lump sum,
a plan sponsor shall submit a report to the Secretary and the
Director of the Pension Benefit Guaranty Corporation that includes
the number of participants and beneficiaries who accepted the
lump sum offer and such other information as the Secretary may
require.
‘‘(e) PUBLIC AVAILABILITY.—The Secretary shall make the
information provided in the notice to the Secretary required under
subsection (a)(2) and in the post-offer reports submitted under
subsection (d) publicly available in a form that protects the confidentiality of the information provided.
‘‘(f) BIENNIAL REPORT.—Not later than the last day of the
second calendar year after the calendar year including the applicability date of the final rules under section 342(e) of the SECURE
2.0 Act of 2022, and every 2 years thereafter, so long as the
Secretary has received notices and post-offer reports under subsections (c) and (d) of this section, the Secretary shall submit
to Congress a report that summarizes such notices and post-offer
reports during the applicable reporting period. The applicable
reporting period begins on the first day of the second calendar
year preceding the calendar year that the report is submitted to
Congress and ends on the last day of the calendar year preceding
the calendar year the report is due.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1 of the Employee Retirement Income Security Act of 1974, as
amended by the proceeding provisions of this title, is further
amended by inserting after the item relating to section 112 the
following new item:
EFIT
Confidentiality.
Sec. 113. Notice and disclosure requirements with respect to lump sum windows.
29 USC 1032
note.
Deadlines.
29 USC 1032
note.
(c) ENFORCEMENT.—Section 502 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1132) is amended—
(1) in subsection (c)(1), by striking ‘‘or section 105(a)’’ and
inserting ‘‘, section 105(a), or section 113(a)’’; and
(2) in subsection (a)(4), by striking ‘‘105(c)’’ and inserting
‘‘section 105(c) or 113(a)’’.
(d) APPLICATION.—The requirements of section 113 of the
Employee Retirement Income Security Act of 1974, as added by
subsection (b), shall apply beginning on the applicable effective
date specified in the final regulations promulgated pursuant to
subsection (e).
(e) REGULATORY AUTHORITY.—Not earlier than 1 year after
the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue regulations
to implement section 113 of the Employee Retirement Income Security Act of 1974, as added by subsection (a). Such regulations
shall be applicable not earlier than the issuance of a final rule
and not later than 1 year after issuance of a final rule.
SEC. 343. DEFINED BENEFIT ANNUAL FUNDING NOTICES.
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Time periods.
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(a) IN GENERAL.—Section 101(f)(2)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(f)(2)(B)) is
amended—
(1) in clause (i)(I), by striking ‘‘funding target attainment
percentage (as defined in section 303(d)(2))’’ and inserting
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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PUBL328
136 STAT. 5380
PUBLIC LAW 117–328—DEC. 29, 2022
plan year to which the notice relates, and for the
2 preceding plan years,’’; and
(8) in clause (x), as so redesignated, by striking the comma
at the end and inserting the following: ‘‘and a statement that,
in the case of a single-employer plan—
‘‘(I) if plan assets are determined to be sufficient to pay vested benefits that are not guaranteed by the Pension Benefit Guaranty Corporation,
participants and beneficiaries may receive benefits
in excess of the guaranteed amount, and
‘‘(II) such a determination generally uses
assumptions that result in a plan having a lower
funded status as compared to the plan’s funded
status disclosed in this notice.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply with respect to plan years beginning after December
31, 2023.
29 USC 1021
note.
SEC. 344. REPORT ON POOLED EMPLOYER PLANS.
29 USC 1023
note.
The Secretary of Labor shall—
(1) conduct a study on the pooled employer plan (as such
term is defined in section 3(43) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(43))) industry,
including on—
(A) the legal name and number of pooled employer
plans;
(B) the number of participants in such plans;
(C) the range of investment options provided in such
plans;
(D) the fees assessed in such plans;
(E) the manner in which employers select and monitor
such plans;
(F) the disclosures provided to participants in such
plans;
(G) the number and nature of any enforcement actions
by the Secretary of Labor on such plans;
(H) the extent to which such plans have increased
retirement savings coverage in the United States; and
(I) any additional information as the Secretary determines is necessary; and
(2) not later than 5 years after the date of enactment
of this Act, and every 5 years thereafter, submit to Congress
and make available on a publicly accessible website of the
Department of Labor, a report on the findings of the study
under paragraph (1), including recommendations on how pooled
employer plans can be improved, through legislation, to serve
and protect retirement plan participants.
Study.
Public
information.
Web posting.
Recommendations.
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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:
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PUBLIC LAW 117–328—DEC. 29, 2022
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) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
26 USC 6058
note.
SEC. 346. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.
29 USC 3228.
(a) DEFINITIONS.—In this section:
(1) EXISTING PROGRAM.—The term ‘‘existing program’’
means a program, designed to promote employee ownership,
that exists on the date on which the Secretary is carrying
out a responsibility authorized under this section.
(2) INITIATIVE.—The term ‘‘Initiative’’ means the Employee
Ownership Initiative established under subsection (b).
(3) NEW PROGRAM.—The term ‘‘new program’’ means a program, designed to promote employee ownership, that does not
exist on the date on which the Secretary is carrying out a
responsibility authorized under this section.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Labor.
(5) STATE.—The term ‘‘State’’ has the meaning given the
term under section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(b) EMPLOYEE OWNERSHIP INITIATIVE.—
(1) ESTABLISHMENT.—The Secretary shall establish within
the Department of Labor an Employee Ownership Initiative
to promote employee ownership.
(2) FUNCTIONS.—In carrying out the Initiative, the Secretary shall—
(A) support within the States existing programs
designed to promote employee ownership; and
(B) facilitate within the States the formation of new
programs designed to promote employee ownership.
(3) DUTIES.—To carry out the functions enumerated in
paragraph (2), the Secretary shall support new programs and
existing programs by—
(A) making Federal grants authorized under subsection
(d); and
(B)(i) acting as a clearinghouse on techniques employed
by new programs and existing programs within the States,
and disseminating information relating to those techniques
to the programs; or
(ii) funding projects for information gathering on those
techniques, and dissemination of that information to the
programs, by groups outside the Department of Labor.
(4) CONSULTATION WITH TREASURY.—The Secretary shall
consult with the Secretary of the Treasury, or the Secretary’s
delegate, in the case of any employee ownership arrangements
or structures the administration and enforcement of which are
within the jurisdiction of the Department of the Treasury.
(c) PROGRAMS REGARDING EMPLOYEE OWNERSHIP.—
(1) ESTABLISHMENT OF PROGRAM.—Not later than 180 days
after the date of enactment of this Act, the Secretary shall
establish a program to encourage new programs and existing
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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 employeeowned firms.
(E) Training as provided in subsection (c)(2)(D) for
new programs provided by participants in existing programs dedicated to the objectives of this section, except
that, for each fiscal year, the amount of the grants made
for such training shall not exceed 10 percent of the total
amount of the grants made under this section.
(2) AMOUNTS AND CONDITIONS.—The Secretary shall determine the amount and any conditions for a grant made under
this subsection. The amount of the grant shall be subject to
paragraph (6), and shall reflect the capacity of the applicant
for the grant.
(3) APPLICATIONS.—Each entity desiring a grant under this
subsection shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information
as the Secretary may reasonably require.
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Time periods.
Time period.
Analysis.
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Time periods.
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PUBLIC LAW 117–328—DEC. 29, 2022
(4) STATE APPLICATIONS.—Each State may sponsor and
submit an application under paragraph (3) on behalf of any
local entity consisting of a unit of State or local government,
State-supported institution of higher education, or nonprofit
organization, meeting the requirements of this section.
(5) APPLICATIONS BY ENTITIES.—
(A) ENTITY APPLICATIONS.—If a State fails to support
or establish a program pursuant to this section during
any fiscal year, the Secretary shall, in the subsequent
fiscal years, allow local entities described in paragraph
(4) from that State to make applications for grants under
paragraph (3) on their own initiative.
(B) APPLICATION SCREENING.—Any State failing to support or establish a program pursuant to this section during
any fiscal year may submit applications under paragraph
(3) in the subsequent fiscal years but may not screen
applications by local entities described in paragraph (4)
before submitting the applications to the Secretary.
(6) LIMITATIONS.—A recipient of a grant made under this
subsection shall not receive, during a fiscal year, in the aggregate, more than the following amounts:
(A) For fiscal year 2025, $300,000.
(B) For fiscal year 2026, $330,000.
(C) For fiscal year 2027, $363,000.
(D) For fiscal year 2028, $399,300.
(E) For fiscal year 2029, $439,200.
(7) ANNUAL REPORT.—For each year, each recipient of a
grant under this subsection shall submit to the Secretary a
report describing how grant funds allocated pursuant to this
subsection were expended during the 12-month period preceding the date of the submission of the report.
(e) EVALUATIONS.—The Secretary is authorized to reserve not
more than 10 percent of the funds appropriated for a fiscal year
to carry out this section, for the purposes of conducting evaluations
of the grant programs identified in subsection (d) and to provide
related technical assistance.
(f) REPORTING.—Not later than the expiration of the 36-month
period following the date of enactment of this Act, the Secretary
shall prepare and submit to Congress a report—
(1) on progress related to employee ownership in businesses
in the United States; and
(2) containing an analysis of critical costs and benefits
of activities carried out under this section.
(g) AUTHORIZATIONS OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
for the purpose of making grants pursuant to subsection (d)
the following:
(A) For fiscal year 2025, $4,000,000.
(B) For fiscal year 2026, $7,000,000.
(C) For fiscal year 2027, $10,000,000.
(D) For fiscal year 2028, $13,000,000.
(E) For fiscal year 2029, $16,000,000.
(2) ADMINISTRATIVE EXPENSES.—There are authorized to
be appropriated for the purpose of funding the administrative
expenses related to the Initiative—
(A) for fiscal year 2024, $200,000, and
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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) 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.
Study.
SEC. 348. CASH BALANCE.
(a) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.—Section
411(b) is amended by adding at the end the following new paragraph:
‘‘(6) PROJECTED INTEREST CREDITING RATE.—For purposes
of subparagraphs (A), (B), and (C) of paragraph (1), in the
case of an applicable defined benefit plan (as defined in subsection (a)(13)(C)) which provides variable interest crediting
rates, the interest crediting rate which is treated as in effect
and as the projected interest crediting rate shall be a reasonable
projection of such variable interest crediting rate, not to exceed
6 percent.’’.
(b) AMENDMENT OF EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974.—Section 204(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1060(b)) is amended by adding
at the end the following new paragraph:
‘‘(6) PROJECTED INTEREST CREDITING RATE.—For purposes
of subparagraphs (A), (B), and (C) of paragraph (1), in the
case of an applicable defined benefit plan (within the meaning
of section 203(f)(3)) which provides variable interest crediting
rates, the interest crediting rate which is treated as in effect
and as the projected interest crediting rate shall be a reasonable
projection of such variable interest crediting rate, not to exceed
6 percent.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to plan years beginning after the date
of enactment of this Act.
26 USC 411.
26 USC 411 note.
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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
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29 USC 1306
note.
PUBLIC LAW 117–328—DEC. 29, 2022
(3) in subparagraph (D)(vii), by inserting ‘‘and before 2024’’
after ‘‘2019’’.
(b) TECHNICAL AMENDMENT.—Clause (i) of section 4006(a)(3)(E)
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)(E)) is amended by striking ‘‘subparagraph (H)’’ and
inserting ‘‘subparagraph (I)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 350. SAFE HARBOR FOR CORRECTIONS OF EMPLOYEE ELECTIVE
DEFERRAL FAILURES.
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26 USC 414.
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(a) IN GENERAL.—Section 414, as amended by the preceding
provisions of this Act, is further amended by adding at the end
the following new subsection:
‘‘(cc) CORRECTING AUTOMATIC CONTRIBUTION ERRORS.—
‘‘(1) IN GENERAL.—Any plan or arrangement shall not fail
to be treated as a plan described in sections 401(a), 403(b),
408, or 457(b), as applicable, solely by reason of a corrected
error.
‘‘(2) CORRECTED ERROR DEFINED.—For purposes of this subsection, the term ‘corrected error’ means a reasonable administrative error—
‘‘(A)(i) made in implementing an automatic enrollment
or automatic escalation feature with respect to an eligible
employee (or an affirmative election made by an eligible
employee covered by such feature), or
‘‘(ii) made by failing to afford an eligible employee
the opportunity to make an affirmative election because
such employee was improperly excluded from the plan],
and
‘‘(B) that is corrected prospectively by implementing
an automatic enrollment or automatic escalation feature
with respect to an eligible employee (or an affirmative
election made by an eligible employee) determined in
accordance with the terms of an eligible automatic contribution arrangement (as defined under subsection (w)(3)), provided that—
‘‘(i) such implementation error is corrected not
later than—
‘‘(I) the date of the first payment of compensation made by the employer to the employee on
or after the last day of the 91⁄2 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
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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) notice of such error is given to the employee
not later than 45 days after the date on which correct
deferrals begin, and
‘‘(v) the notice under clause (iv) satisfies such regulations or other guidance as the Secretary prescribes
under paragraph (4).
Such correction may occur before or after the participant has
terminated employment and may occur without regard to
whether the error is identified by the Secretary.
‘‘(3) NO OBLIGATION FOR EMPLOYER TO RESTORE MISSED
ELECTIVE DEFERRALS.—If the requirements of paragraph (2)(B)
are satisfied, the employer will not be required to provide
eligible employees with the missed amount of elective deferrals
resulting from a reasonable administrative error described in
paragraph (2)(A)(i) or (ii) through a qualified nonelective contribution, or otherwise.
‘‘(4) REGULATIONS AND GUIDANCE FOR FAVORABLE CORRECTION METHODS.—The Secretary shall by regulations or other
guidance of general applicability prescribe—
‘‘(A) the deadline for making a corrective allocation
of matching contributions required by paragraph (2)(B)(ii),
‘‘(B) the content of the notice required by paragraph
(2)(B)(iv),
‘‘(C) the manner in which the amount of the corrective
allocation under paragraph (2)(B)(ii) is determined,
‘‘(D) the manner of adjustment to account for earnings
on matching contributions under paragraph (2)(B)(ii), and
‘‘(E) such other rules as are necessary to carry out
the purposes of the subsection.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply with respect to any errors with respect to which the
date referred to in section 414(cc) (as added by this section) is
after December 31, 2023. Prior to the application of any regulations
or other guidance prescribed under paragraph (3) of section 414(cc)
of the Internal Revenue Code of 1986 (as added by this section),
taxpayers may rely upon their reasonable good faith interpretations
of the provisions of such section.
Notice.
Deadline.
26 USC 414 note.
TITLE IV—TECHNICAL AMENDMENTS
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SEC. 401. AMENDMENTS RELATING TO SETTING EVERY COMMUNITY
UP FOR RETIREMENT ENHANCEMENT ACT OF 2019.
(a) TECHNICAL AMENDMENTS.—
(1) AMENDMENTS RELATING TO SECTION 103.—Section
401(m)(12) is amended by striking ‘‘and’’ at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph
(C), and by inserting after subparagraph (A) (as so amended)
the following new subparagraph:
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136 STAT. 5388
26 USC 401.
26 USC 72 note.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(B) meets the notice requirements of subsection
(k)(13)(E), and’’.
(2) AMENDMENTS RELATING TO SECTION 112.—
(A) Section 401(k)(15)(B)(i)(II) is amended by striking
‘‘subsection (m)(2)’’ and inserting ‘‘paragraphs (2), (11), and
(12) of subsection (m)’’.
(B) Section 401(k)(15)(B)(iii) is amended by striking
‘‘under the arrangement’’ and inserting ‘‘under the plan’’.
(C) Section 401(k)(15)(B)(iv) is amended by striking
‘‘section 410(a)(1)(A)(ii)’’ and inserting ‘‘paragraph (2)(D)’’.
(3) AMENDMENT RELATING TO SECTION 116.—Section 4973(b)
is amended by adding at the end of the flush matter the
following: ‘‘Such term shall not include any designated nondeductible contribution (as defined in subparagraph (C) of section 408(o)(2)) which does not exceed the nondeductible limit
under subparagraph (B) thereof by reason of an election under
section 408(o)(5).’’.
(b) CLERICAL AMENDMENTS.—
(1) Section 72(t)(2)(H)(vi)(IV) is amended by striking
‘‘403(b)(7)(A)(ii)’’ and inserting ‘‘ 403(b)(7)(A)(i)’’.
(2) Section 401(k)(12)(G) is amended by striking ‘‘the
requirements under subparagraph (A)(i)’’ and inserting ‘‘the
contribution requirements under subparagraph (B) or (C)’’.
(3) Section 401(k)(13)(D)(iv) is amended by striking ‘‘and
(F)’’ and inserting ‘‘and (G)’’.
(4) Section 408(o)(5)(A) is amended by striking ‘‘subsection
(b)’’ and inserting ‘‘section 219(b)’’.
(5) Section 408A(c)(2)(A) is amended by striking ‘‘(d)(1)
or’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the section of the Setting Every
Community Up for Retirement Enhancement Act of 2019 to which
the amendment relates.
TITLE V—ADMINISTRATIVE
PROVISIONS
SEC. 501. PROVISIONS RELATING TO PLAN AMENDMENTS.
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26 USC 414 note.
Regulations.
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(a) IN GENERAL.—If this section applies to any retirement plan
or contract amendment—
(1) such retirement plan or contract shall be treated as
being operated in accordance with the terms of the plan during
the period described in subsection (b)(2)(A); and
(2) except as provided by the Secretary of the Treasury
(or the Secretary’s delegate), such retirement plan shall not
fail to meet the requirements of section 411(d)(6) of the Internal
Revenue Code of 1986 and section 204(g) of the Employee
Retirement Income Security Act of 1974 by reason of such
amendment.
(b) AMENDMENTS TO WHICH SECTION APPLIES.—
(1) IN GENERAL.—This section shall apply to any amendment to any retirement plan or annuity contract which is
made—
(A) pursuant to any amendment made by this Act
or pursuant to any regulation issued by the Secretary
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of the Treasury or the Secretary of Labor (or a delegate
of either such Secretary) under this Act; and
(B) on or before the last day of the first plan year
beginning on or after January 1, 2025, or such later date
as the Secretary of the Treasury may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), or an applicable
collectively bargained plan, this paragraph shall be applied
by substituting ‘‘2027’’ for ‘‘2025’’. For purposes of the preceding
sentence, the term ‘‘applicable collectively bargained plan’’
means a plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and
1 or more employers ratified before the date of enactment
of this Act.
(2) CONDITIONS.—This section shall not apply to any
amendment unless—
(A) during the period—
(i) beginning on the date the legislative or regulatory amendment described in paragraph (1)(A) takes
effect (or in the case of a plan or contract amendment
not required by such legislative or regulatory amendment, the effective date specified by the plan); and
(ii) ending on the date described in paragraph
(1)(B) (as modified by the second sentence of paragraph
(1)) (or, if earlier, the date the plan or contract amendment is adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect; and
(B) such plan or contract amendment applies retroactively for such period.
(c) COORDINATION WITH OTHER PROVISIONS RELATING TO PLAN
AMENDMENTS.—
(1) SECURE ACT.—Section 601(b)(1) of the Setting Every
Community Up for Retirement Enhancement Act of 2019 is
amended—
(A) by striking ‘‘January 1, 2022’’ in subparagraph
(B) and inserting ‘‘January 1, 2025’’, and
(B) by striking ‘‘substituting ‘2024’ for ‘2022’.’’ in the
flush matter at the end and inserting ‘‘substituting ‘2027’
for ‘2025’.’’.
(2) CARES ACT.—
(A) SPECIAL RULES FOR USE OF RETIREMENT FUNDS.—
Section 2202(c)(2)(A) of the CARES Act is amended by
striking ‘‘January 1, 2022’’ in clause (ii) and inserting
‘‘January 1, 2025’’.
(B) TEMPORARY WAIVER OF REQUIRED MINIMUM DIS-
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Effective date.
Time period.
26 USC 414 note.
26 USC 72 note.
TRIBUTIONS RULES FOR CERTAIN RETIREMENT PLANS AND
ACCOUNTS.—Section 2203(c)(2)(B)(i) of the CARES Act is
26 USC 401 note.
amended—
(i) by striking ‘‘January 1, 2022’’ in subclause (II)
and inserting ‘‘January 1, 2025’’, and
(ii) by striking ‘‘substituting ‘2024’ for ‘2022’.’’ in
the flush matter at the end and inserting ‘‘substituting
‘2027’ for ‘2025’.’’.
(C) TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT
OF 2020.—Section 302(d)(2)(A) of the Taxpayer Certainty
and Disaster Tax Relief Act of 2020 is amended by striking
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‘‘January 1, 2022’’ in clause (ii) and inserting ‘‘January
1, 2025’’.
TITLE VI—REVENUE PROVISIONS
SEC. 601. SIMPLE AND SEP ROTH IRAS.
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26 USC 408A.
26 USC 402 note.
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(a) IN GENERAL.—Section 408A is amended by striking subsection (f).
(b) RULES RELATING TO SIMPLIFIED EMPLOYEE PENSIONS.—
(1) CONTRIBUTIONS.—Section 402(h)(1) is amended by
striking ‘‘and’’ at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ‘‘,
and’’, and by adding at the end the following new subparagraph:
‘‘(C) in the case of any contributions pursuant to a
simplified employer pension which are made to an individual retirement plan designated as a Roth IRA, such
contribution shall not be excludable from gross income.’’.
(2) DISTRIBUTIONS.—Section 402(h)(3) is amended by
inserting ‘‘(or section 408A(d) in the case of an individual retirement plan designated as a Roth IRA)’’ before the period at
the end.
(3) ELECTION REQUIRED.—Section 408(k) is amended by
redesignating paragraphs (7), (8), and (9) as paragraphs (8),
(9), and (10), respectively, and by inserting after paragraph
(6) the following new paragraph:
‘‘(7) ROTH CONTRIBUTION ELECTION.—An individual retirement plan which is designated as a Roth IRA shall not be
treated as a simplified employee pension under this subsection
unless the employee elects for such plan to be so treated (at
such time and in such manner as the Secretary may provide).’’.
(c) RULES RELATING TO SIMPLE RETIREMENT ACCOUNTS.—
(1) ELECTION REQUIRED.—Section 408(p), as amended by
the preceding provisions of this Act, is further amended by
adding at the end the following new paragraph:
‘‘(12) ROTH CONTRIBUTION ELECTION.—An individual retirement plan which is designated as a Roth IRA shall not be
treated as a simple retirement account under this subsection
unless the employee elects for such plan to be so treated (at
such time and in such manner as the Secretary may provide).’’.
(2) ROLLOVERS.—Section 408A(e) is amended by adding
at the end the following new paragraph:
‘‘(3) SIMPLE RETIREMENT ACCOUNTS.—In the case of any
payment or distribution out of a simple retirement account
(as defined in section 408(p)) with respect to which an election
has been made under section 408(p)(12) and to which 72(t)(6)
applies, the term ‘qualified rollover contribution’ shall not
include any payment or distribution paid into an account other
than another simple retirement account (as so defined).’’.
(d) CONFORMING AMENDMENT.—Section 408A(d)(2)(B) is
amended by inserting ‘‘, or employer in the case of a simple retirement account (as defined in section 408(p)) or simplified employee
pension (as defined in section 408(k)),’’ after ‘‘individual’s spouse’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2022.
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136 STAT. 5391
SEC. 602. HARDSHIP WITHDRAWAL RULES FOR 403(b) PLANS.
(a) IN GENERAL.—Section 403(b), as amended by the preceding
provisions of this Act, is amended by adding at the end the following
new paragraph:
‘‘(17) SPECIAL RULES RELATING TO HARDSHIP WITHDRAWALS.—For purposes of paragraphs (7) and (11)—
‘‘(A) AMOUNTS WHICH MAY BE WITHDRAWN.—The following amounts may be distributed upon hardship of the
employee:
‘‘(i) Contributions made pursuant to a salary reduction agreement (within the meaning of section
3121(a)(5)(D)).
‘‘(ii) Qualified nonelective contributions (as defined
in section 401(m)(4)(C)).
‘‘(iii) Qualified matching contributions described
in section 401(k)(3)(D)(ii)(I).
‘‘(iv) Earnings on any contributions described in
clause (i), (ii), or (iii).
‘‘(B) NO REQUIREMENT TO TAKE AVAILABLE LOAN.—A
distribution shall not be treated as failing to be made
upon the hardship of an employee solely because the
employee does not take any available loan under the plan.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 403(b)(7)(A)(i)(V) is amended by striking ‘‘in
the case of contributions made pursuant to a salary reduction
agreement (within the meaning of section 3121(a)(5)(D))’’ and
inserting ‘‘subject to the provisions of paragraph (17)’’.
(2) Paragraph (11) of section 403(b), as amended by this
Act, is further amended—
(A) by striking ‘‘in’’ in subparagraph (B) and inserting
‘‘subject to the provisions of paragraph (17), in’’, and
(B) by striking the second sentence.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
26 USC 403.
26 USC 403 note.
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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).
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Time period.
Effective date.
26 USC 402 note.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(D) ELECTION TO CHANGE DEFERRALS.—The Secretary
may provide by regulations that an eligible participant
may elect to change the participant’s election to make
additional elective deferrals if the participant’s compensation is determined to exceed the limitation under subparagraph (A) after the election is made.
‘‘(E) COST OF LIVING ADJUSTMENT.—In the case of a
year beginning after December 31, 2024, the Secretary
shall adjust annually the $145,000 amount in subparagraph (A) for increases in the cost-of-living at the same
time and in the same manner as adjustments under 415(d);
except that the base period taken into account shall be
the calendar quarter beginning July 1, 2023, and any
increase under this subparagraph which is not a multiple
of $5,000 shall be rounded to the next lower multiple
of $5,000.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 402(g)(1) is amended by striking subparagraph
(C).
(2) Section 457(e)(18)(A)(ii) is amended by inserting ‘‘the
lesser of any designated Roth contributions made by the participant to the plan or’’ before ‘‘the applicable dollar amount’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2023.
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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—
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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) EFFECTIVE DATE.—The amendments made by this section
shall apply to contributions made after the date of the enactment
of this Act.
26 USC 402A
note.
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SEC. 605. CHARITABLE CONSERVATION EASEMENTS.
(a) LIMITATION ON DEDUCTION.—
(1) IN GENERAL.—Section 170(h) is amended by adding
at the end the following new paragraph:
‘‘(7) LIMITATION ON DEDUCTION FOR QUALIFIED CONSERVATION CONTRIBUTIONS MADE BY PASS-THROUGH ENTITIES.—
‘‘(A) IN GENERAL.—A contribution by a partnership
(whether directly or as a distributive share of a contribution
of another partnership) shall not be treated as a qualified
conservation contribution for purposes of this section if
the amount of such contribution exceeds 2.5 times the
sum of each partner’s relevant basis in such partnership.
‘‘(B) RELEVANT BASIS.—For purposes of this paragraph—
‘‘(i) IN GENERAL.—The term ‘relevant basis’ means,
with respect to any partner, the portion of such partner’s modified basis in the partnership which is allocable (under rules similar to the rules of section 755)
to the portion of the real property with respect to
which the contribution described in subparagraph (A)
is made.
‘‘(ii) MODIFIED BASIS.—The term ‘modified basis’
means, with respect to any partner, such partner’s
adjusted basis in the partnership as determined—
‘‘(I) immediately before the contribution
described in subparagraph (A),
‘‘(II) without regard to section 752, and
‘‘(III) by the partnership after taking into
account the adjustments described in subclauses
(I) and (II) and such other adjustments as the
Secretary may provide.
‘‘(C) EXCEPTION FOR CONTRIBUTIONS OUTSIDE 3-YEAR
HOLDING PERIOD.—Subparagraph (A) shall not apply to any
contribution which is made at least 3 years after the latest
of—
‘‘(i) the last date on which the partnership that
made such contribution acquired any portion of the
real property with respect to which such contribution
is made,
‘‘(ii) the last date on which any partner in the
partnership that made such contribution acquired any
interest in such partnership, and
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26 USC 170.
Definitions.
PUBL328
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) MEMBERS OF THE FAMILY.—For purposes of
this subparagraph, the term ‘members of the family’
means, with respect to any individual—
‘‘(I) the spouse of such individual, and
‘‘(II) any individual who bears a relationship
to such individual which is described in subparagraphs (A) through (G) of section 152(d)(2).
‘‘(E) EXCEPTION FOR CONTRIBUTIONS TO PRESERVE CERTIFIED HISTORIC STRUCTURES.—Subparagraph (A) shall not
apply to any qualified conservation contribution the conservation purpose of which is the preservation of any
building which is a certified historic structure (as defined
in paragraph (4)(C)).
‘‘(F) APPLICATION TO OTHER PASS-THROUGH ENTITIES.—
Except as may be otherwise provided by the Secretary,
the rules of this paragraph shall apply to S corporations
and other pass-through entities in the same manner as
such rules apply to partnerships.
‘‘(G) REGULATIONS.—The Secretary shall prescribe such
regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph, including
regulations or other guidance—
‘‘(i) to require reporting, including reporting
related to tiered partnerships and the modified basis
of partners, and
‘‘(ii) to prevent the avoidance of the purposes of
this paragraph.’’.
(2) APPLICATION OF ACCURACY-RELATED PENALTIES.—
(A) IN GENERAL.—Section 6662(b) is amended by
inserting after paragraph (9) the following new paragraph:
‘‘(10) Any disallowance of a deduction by reason of section
170(h)(7).’’.
(B) TREATMENT AS GROSS VALUATION MISSTATEMENT.—
Section 6662(h)(2) is amended by striking ‘‘and’’ at the
end of subparagraph (B), by striking the period at the
end of subparagraph (C) and inserting ‘‘, and’’, and by
adding at the end the following new subparagraph:
‘‘(D) any disallowance of a deduction described in subsection (b)(10).’’.
(C) NO REASONABLE CAUSE EXCEPTION.—Section
6664(c)(2) is amended by inserting ‘‘or to any disallowance
Definition.
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26 USC 6662.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) is amended by striking ‘‘subsection (b)(9)’’
and inserting ‘‘paragraph (9) or (10) of subsection (b)’’.
(3) EXTENSION OF STATUTE OF LIMITATIONS FOR LISTED
TRANSACTIONS.—Any contribution with respect to which any
deduction was disallowed by reason of section 170(h)(7) of the
Internal Revenue Code of 1986 (as added by this subsection)
shall be treated for purposes of sections 6501(c)(10) and
6235(c)(6) of such Code as a transaction specifically identified
by the Secretary as a tax avoidance transaction for purposes
of section 6011 of such Code.
(b) REPORTING REQUIREMENTS.—Section 170(f) is amended by
adding at the end the following new paragraph:
‘‘(19) CERTAIN QUALIFIED CONSERVATION CONTRIBUTIONS.—
‘‘(A) IN GENERAL.—In the case of a qualified conservation contribution to which this paragraph applies, no deduction shall be allowed under subsection (a) for such contribution unless the partnership making such contribution—
‘‘(i) includes on its return for the taxable year
in which the contribution is made a statement that
the partnership made such a contribution, and
‘‘(ii) provides such information about the contribution as the Secretary may require.
‘‘(B) CONTRIBUTIONS TO WHICH THIS PARAGRAPH
APPLIES.—This paragraph shall apply to any qualified conservation contribution—
‘‘(i) the conservation purpose of which is the
preservation of any building which is a certified historic
structure (as defined in subsection (h)(4)(C)),
‘‘(ii) which is made by a partnership (whether
directly or as a distributive share of a contribution
of another partnership), and
‘‘(iii) the amount of which exceeds 2.5 times the
sum of each partner’s relevant basis (as defined in
subsection (h)(7)) in the partnership making the contribution.
‘‘(C) APPLICATION TO OTHER PASS-THROUGH ENTITIES.—
Except as may be otherwise provided by the Secretary,
the rules of this paragraph shall apply to S corporations
and other pass-through entities in the same manner as
such rules apply to partnerships.’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to contributions made after the date of the enactment of this Act.
(2) NO INFERENCE.—No inference is intended as to the
appropriate treatment of contributions made in taxable years
ending on or before the date specified in paragraph (1), or
as to any contribution for which a deduction is not disallowed
by reason of section 170(h)(7) of the Internal Revenue Code
of 1986, as added by this section.
(d) SAFE HARBORS AND OPPORTUNITY FOR DONOR TO CORRECT
CERTAIN DEED ERRORS.—
(1) IN GENERAL.—The Secretary of the Treasury (or such
Secretary’s delegate) shall, within 120 days after the date of
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26 USC 6751.
26 USC 170 note.
26 USC 170 note.
26 USC 170 note.
Deadline.
Publication.
PUBL328
136 STAT. 5396
PUBLIC LAW 117–328—DEC. 29, 2022
the enactment of this Act, publish safe harbor deed language
for extinguishment clauses and boundary line adjustments.
(2) OPPORTUNITY TO CORRECT.—
(A) IN GENERAL.—During the 90-day period beginning
on the date of publication of the safe harbor deed language
under paragraph (1), a donor may amend an easement
deed to substitute the safe harbor language for the corresponding language in the original deed if—
(i) the amended deed is signed by the donor and
donee and recorded within such 90-day period, and
(ii) such amendment is treated as effective as of
the date of the recording of the original easement
deed.
(B) EXCEPTIONS.—Subparagraph (A) shall not apply
to an easement deed relating to any contribution—
(i) which—
(I) is part of a reportable transaction (as
defined in section 6707A(c)(1) of the Internal Revenue Code of 1986), or
(II) is described in Internal Revenue Service
Notice 2017–10,
(ii) which by reason of section 170(h)(7) of such
Code, as added by this section, is not treated as a
qualified conservation contribution,
(iii) if a deduction for such contribution under section 170 of such Code has been disallowed by the
Secretary of the Treasury (or such Secretary’s delegate), and the donor is contesting such disallowance
in a case which is docketed in a Federal court on
a date before the date the amended deed is recorded
by the donor, or
(iv) if a claimed deduction for such contribution
under section 170 of such Code resulted in an underpayment to which a penalty under section 6662 or
6663 of such Code applies and—
(I) such penalty has been finally determined
administratively, or
(II) if such penalty is challenged in court, the
judicial proceeding with respect to such penalty
has been concluded by a decision or judgment
which has become final.
Time period.
Deadline.
Applicability.
SEC. 606. ENHANCING RETIREE HEALTH BENEFITS IN PENSION PLANS.
(a) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.—
(1) EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS
TO RETIREE HEALTH ACCOUNTS.—Paragraph (4) of section 420(b)
is amended by striking ‘‘December 31, 2025’’ and inserting
‘‘December 31, 2032’’.
(2) DE MINIMIS TRANSFER RULE.—
(A) IN GENERAL.—Subsection (e) of section 420 is
amended by adding at the end the following new paragraph:
‘‘(7) SPECIAL RULE FOR DE MINIMIS TRANSFERS.—
‘‘(A) IN GENERAL.—In the case of a transfer of an
amount which is not more than 1.75 percent of the amount
determined under paragraph (2)(A) by a plan which meets
the requirements of subparagraph (B), paragraph (2)(B)
26 USC 420.
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Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
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)’’.
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136 STAT. 5398
26 USC 420 note.
PUBLIC LAW 117–328—DEC. 29, 2022
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to transfers made after the date of the enactment
of this Act.
TITLE VII—TAX COURT RETIREMENT
PROVISIONS
SEC. 701. PROVISIONS RELATING TO JUDGES OF THE TAX COURT.
26 USC 7447.
Time period.
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(a) THRIFT SAVINGS PLAN CONTRIBUTIONS FOR JUDGES IN THE
FEDERAL EMPLOYEES RETIREMENT SYSTEM.—
(1) IN GENERAL.—Subsection (j)(3)(B) of section 7447 is
amended to read as follows:
‘‘(B) CONTRIBUTIONS FOR BENEFIT OF JUDGE.—No contributions under section 8432(c) of title 5, United States
Code, shall be made for the benefit of a judge who has
filed an election to receive retired pay under subsection
(e).’’.
(2) OFFSET.—Paragraph (3) of section 7447(j) is amended
by adding at the end the following new subparagraph:
‘‘(F) OFFSET.—In the case of a judge who receives a
distribution from the Thrift Savings Plan and who later
receives retired pay under subsection (d), the retired pay
shall be offset by an amount equal to the amount of the
distribution which represents the Government’s contribution to the individual’s Thrift Savings Account during years
of service as a full-time judicial officer under the Federal
Employees Retirement System, without regard to earnings
attributable to such amount. Where such an offset would
exceed 50 percent of the retired pay to be received in
the first year, the offset may be divided equally over the
first 2 years in which the individual receives the annuity.’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to basic pay earned while serving as a
judge of the United States Tax Court on or after the date
of the enactment of this Act.
(b) CHANGE IN VESTING PERIOD FOR SURVIVOR ANNUITIES AND
WAIVER OF VESTING PERIOD IN THE EVENT OF ASSASSINATION.—
(1) ELIGIBILITY IN CASE OF DEATH.—Subsection (h) of section
7448 is amended to read as follows:
‘‘(h) ENTITLEMENT TO ANNUITY.—
‘‘(1) IN GENERAL.—
‘‘(A) ANNUITY TO SURVIVING SPOUSE.—If a judge or
special trial judge described in paragraph (2) is survived
by a surviving spouse but not by a dependent child, there
shall be paid to such surviving spouse an annuity beginning
with the day of the death of the judge or special trial
judge or following the surviving spouse’s attainment of
age 50, whichever is the later, in an amount computed
as provided in subsection (m).
‘‘(B) ANNUITY TO SURVIVING SPOUSE AND CHILD.—If
a judge or special trial judge described in paragraph (2)
is survived by a surviving spouse and dependent child
or children, there shall be paid to such surviving spouse
an annuity, beginning on the day of the death of the
judge or special trial judge, in an amount computed as
provided in subsection (m), and there shall also be paid
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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,
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Time periods.
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Time period.
26 USC 7448.
Determination.
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the annuities of any remaining dependent child or children
based upon the service of the same judge or special trial
judge shall be recomputed and paid as though the child
whose annuity was so terminated had not survived such
judge.
‘‘(E) SPECIAL RULE FOR ASSASSINATED JUDGES.—In the
case of a survivor of a judge or special trial judge described
in paragraph (2)(B), there shall be deducted from the annuities otherwise payable under this section an amount equal
to the amount of salary deductions that would have been
made if such deductions had been made for 18 months
prior to the death of the judge or special trial judge.’’.
(2) DEFINITION OF ASSASSINATION.—Section 7448(a) is
amended by adding at the end the following new paragraph:
‘‘(10) The terms ‘assassinated’ and ‘assassination’ mean
the killing of a judge or special trial judge that is motivated
by the performance by the judge or special trial judge of his
or her official duties.’’.
(3) DETERMINATION OF ASSASSINATION.—Subsection (i) of
section 7448 is amended—
(A) by striking ‘‘OF DEPENDENCY AND DISABILITY.—
Questions’’ and inserting ‘‘BY CHIEF JUDGE.—
‘‘(1) DEPENDENCY AND DISABILITY.—Questions’’, and
(B) by adding at the end the following new paragraph:
‘‘(2) ASSASSINATION.—The chief judge shall determine
whether the killing of a judge or special trial judge was an
assassination, subject to review only by the Tax Court. The
head of any Federal agency that investigates the killing of
a judge or special trial judge shall provide to the chief judge
any information that would assist the chief judge in making
such a determination.’’.
(4) COMPUTATION OF ANNUITIES.—Section 7448(m) is
amended to read as follows:
‘‘(m) COMPUTATION OF ANNUITIES.—The annuity of the surviving spouse of a judge or special trial judge electing under subsection (b) shall be an amount equal to the sum of—
‘‘(1) the product of—
‘‘(A) 1.5 percent of the average annual salary (whether
judge’s or special trial judge’s salary or compensation for
other allowable service) received by such judge or special
trial judge—
‘‘(i) for judicial service (including periods in which
he received retired pay under section 7447(d), section
7447A(d), or any annuity under chapter 83 or 84 of
title 5, United States Code) or for any other prior
allowable service during the period of 3 consecutive
years in which such judge or special trial judge received
the largest such average annual salary, or
‘‘(ii) in the case of a judge or special trial judge
who has served less than 3 years, during the total
period of such service prior to such judge’s or special
trial judge’s death, multiplied by the sum of, multiplied
by
‘‘(B) the sum of—
‘‘(i) the judge’s or special trial judge’s years of
such judicial service,
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PUBLIC LAW 117–328—DEC. 29, 2022
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) OTHER BENEFITS.—Section 7448 is amended by adding
at the end the following new subsection:
‘‘(u) OTHER BENEFITS IN CASE OF ASSASSINATION.—In the case
of a judge or special trial judge who is assassinated, an annuity
shall be paid under this section notwithstanding a survivor’s eligibility for or receipt of benefits under chapter 81 of title 5, United
States Code, except that the annuity for which a surviving spouse
is eligible under this section shall be reduced to the extent that
the total benefits paid under this section and chapter 81 of that
title for any year would exceed the current salary for that year
of the office of the judge or special trial judge.’’.
(c) COORDINATION OF RETIREMENT AND SURVIVOR ANNUITY
WITH THE FEDERAL EMPLOYEES RETIREMENT SYSTEM.—
(1) RETIREMENT.—Section 7447 is amended—
(A) by striking ‘‘section 8331(8)’’ in subsection (g)(2)(C)
and inserting ‘‘sections 8331(8) and 8401(19)’’, and
(B) by striking ‘‘Civil Service Commission’’ both places
it appears in subsection (i)(2) and inserting ‘‘Office of Personnel Management’’.
(2) ANNUITIES TO SURVIVING SPOUSES AND DEPENDENT CHILDREN.—Section 7448 is amended—
(A) by striking ‘‘section 8332’’ in subsection (d) and
inserting ‘‘sections 8332 and 8411’’, and
(B) by striking ‘‘section 8332’’ in subsection (n) and
inserting ‘‘sections 8332 and 8411’’.
(d) LIMIT ON TEACHING COMPENSATION OF RETIRED JUDGES.—
(1) IN GENERAL.—Section 7447 is amended by adding at
the end the following new subsection:
‘‘(k) TEACHING COMPENSATION OF RETIRED JUDGES.—For purposes of the limitation under section 501(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.), any compensation for teaching
approved under section 502(a)(5) of such Act shall not be treated
as outside earned income when received by a judge of the United
States Tax Court who has retired under subsection (b) for teaching
performed during any calendar year for which such a judge has
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26 USC 7448.
Certification.
PUBL328
136 STAT. 5402
PUBLIC LAW 117–328—DEC. 29, 2022
met the requirements of subsection (c), as certified by the chief
judge, or has retired under subsection (b)(4).’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to any individual serving as a retired judge
of the United States Tax Court on or after the date of the
enactment of this Act.
(e) EFFECTIVE DATE.—Except as otherwise provided, the amendments made by this section shall take effect on the date of the
enactment of this Act.
26 USC 7447
note.
26 USC 7447
note.
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:
26 USC 7447A.
‘‘SEC. 7447A. RETIREMENT FOR SPECIAL TRIAL JUDGES.
‘‘(a) IN GENERAL.—
‘‘(1) RETIREMENT.—Any special trial judge appointed pursuant to section 7443A may retire from service as a special
trial judge if the individual meets the age and service requirements set forth in the following table:
‘‘If the special trial judge has attained age:
65
66
67
68
69
70
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And the years of service as a special
trial judge are at least:
15
14
13
12
11
10.
‘‘(2) LENGTH OF SERVICE.—In making any determination
of length of service as a special trial judge there shall be
included all periods (whether or not consecutive) during which
an individual served as a special trial judge
‘‘(b) RETIREMENT UPON DISABILITY.—Any special trial judge
appointed pursuant to section 7443A who becomes permanently
disabled from performing such individual’s duties shall retire from
service as a special trial judge.
‘‘(c) RECALLING OF RETIRED SPECIAL TRIAL JUDGES.—Any individual who has retired pursuant to subsection (a) may be called
upon by the chief judge to perform such judicial duties with the
Tax Court as may be requested of such individual for a period
or periods specified by the chief judge, except that in the case
of any such individual—
‘‘(1) the aggregate of such periods in any 1 calendar year
shall not (without the consent of such individual) exceed 90
calendar days, and
‘‘(2) such individual shall be relieved of performing such
duties during any period in which illness or disability precludes
the performance of such duties.
Any act, or failure to act, by an individual performing judicial
duties pursuant to this subsection shall have the same force and
effect as if it were the act (or failure to act) of a special trial
judge. Any individual who is performing judicial duties pursuant
to this subsection shall be paid the same compensation (in lieu
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PUBLIC LAW 117–328—DEC. 29, 2022
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) RETIREMENT UPON DISABILITY.—Any individual who
retires pursuant to subsection (b) and elects under subsection
(e) to receive retired pay under this subsection shall receive
retired pay during any period of retirement from service as
a special trial judge—
‘‘(A) at a rate equal to the rate of the salary payable
to a special trial judge during such period, if the individual
had at least 10 years of service as a special trial judge
before retirement, and
‘‘(B) at a rate equal to 1⁄2 the rate described in subparagraph (A), if the individual had fewer than 10 years of
service as a special trial judge before retirement.
‘‘(3) BEGINNING DATE AND PAYMENT.—Retired pay under
this subsection shall begin to accrue on the day following the
date on which the individual’s salary as a special trial judge
ceases to accrue, and shall continue to accrue during the
remainder of such individual’s life. Retired pay under this
subsection shall be paid in the same manner as the salary
of a special trial judge.
‘‘(4) PARTIAL YEARS.—In computing the rate of the retired
pay for an individual to whom paragraph (1) applies, any portion of the aggregate number of years such individual has
served as a special trial judge which is a fractional part of
1 year shall be eliminated if it is less than 6 months, or
shall be counted as a full year if it is 6 months or more.
‘‘(5) RECALLED SERVICE.—In computing the rate of the
retired pay for an individual to whom paragraph (1) applies,
any period during which such individual performs services
under subsection (c) on a substantially full-time basis shall
be treated as a period during which such individual has served
as a special trial judge.
‘‘(e) ELECTION TO RECEIVE RETIRED PAY.—Any special trial
judge may elect to receive retired pay under subsection (d). Such
an election—
‘‘(1) may be made only while an individual is a special
trial judge (except that in the case of an individual who fails
to be reappointed as a special trial judge, such election may
be made within 60 days after such individual leaves office
as a special trial judge),
‘‘(2) once made, shall be irrevocable, and
‘‘(3) shall be made by filing notice thereof in writing with
the chief judge.
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Time periods.
Applicability.
Applicability.
Deadline.
Notification.
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136 STAT. 5404
PUBLIC LAW 117–328—DEC. 29, 2022
The chief judge shall transmit to the Office of Personnel Management a copy of each notice filed with the chief judge under this
subsection.
‘‘(f) OTHER RULES MADE APPLICABLE.—The rules of subsections
(f), (g), (h)(2), (i), and (j), and the first sentence of subsection
(h)(1), of section 7447 shall apply to a special trial judge in the
same manner as a judge of the Tax Court. For purposes of the
preceding sentence, any reference to the President in such subsections shall be applied as if it were a reference to the chief
judge.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 3121(b)(5)(E) is amended by inserting ‘‘or special
trial judge’’ before ‘‘of the United States Tax Court’’.
(2) Section 7448(b)(2) is amended to read as follows:
‘‘(2) SPECIAL TRIAL JUDGES.—Any special trial judge may
by written election filed with the chief judge elect the application of this section. Such election shall be filed while such
individual is a special trial judge.’’.
(3) Section 210(a)(5)(E) of the Social Security Act (42 U.S.C.
410(a)(5)(E)) is amended by inserting ‘‘or special trial judge’’
before ‘‘of the United States Tax Court’’.
(c) CLERICAL AMENDMENT.—The table of sections for part I
of subchapter C of chapter 76 is amended by inserting after the
item relating to section 7447 the following new item:
Records.
26 USC 3121.
26 USC
prec. 7441.
‘‘Sec. 7447A. Retirement for special trial judges.’’.
Deadline.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act, except
that section 7447A(e) of the Internal Revenue Code of 1986 (as
added by this section) shall take effect on the date that is 180
days after such date of enactment. Special trial judges retiring
on or after the date of the enactment of this Act, and before
the date that is 180 days after the date of such enactment, may
file an election under such section not later than 60 days after
such date.
Joseph Maxwell
Cleland and
Robert Joseph
Dole Memorial
Veterans
Benefits and
Health Care
Improvement Act
of 2022.
DIVISION
U—JOSEPH
MAXWELL
CLELAND AND ROBERT JOSEPH DOLE
MEMORIAL VETERANS BENEFITS AND
HEALTH CARE IMPROVEMENT ACT OF
2022
38 USC 101 note.
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
26 USC 7447A
note.
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(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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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Sec.
Sec.
Sec.
Sec.
Sec.
161.
162.
163.
164.
165.
Subtitle E—Care for Aging Veterans
Strategy for long-term care for aging veterans.
Improvement of State veterans homes.
Geriatric psychiatry pilot program at State veterans homes.
Support for aging veterans at risk of or experiencing homelessness.
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.
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PUBL328
136 STAT. 5406
PUBLIC LAW 117–328—DEC. 29, 2022
Sec.
Sec.
Sec.
Sec.
181.
182.
183.
184.
Subtitle G—Research Matters
Inapplicability of Paperwork Reduction Act.
Research and Development.
Expansion of hiring authorities for certain classes of research occupations.
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.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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
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136 STAT. 5408
38 USC 1710
note.
‘‘(iii) World War II;’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on March 31, 2023.
38 USC 1701
note.
SEC. 102. DEPARTMENT OF VETERANS AFFAIRS TREATMENT AND
RESEARCH OF PROSTATE CANCER.
Deadline.
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Recommendations.
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(a) FINDINGS.—Congress makes the following findings:
(1) Prostate cancer is the number one cancer diagnosed
in the Veterans Health Administration.
(2) A 1996 report published by the National Academy of
Sciences, Engineering, and Medicine established a link between
prostate cancer and exposure to herbicides, such as Agent
Orange.
(3) It is essential to acknowledge that due to these circumstances, certain veterans are made aware that they are
high-risk individuals when it comes to the potential to develop
prostate cancer.
(4) In being designated as ‘‘high risk’’, it is essential that
veterans are proactive in seeking earlier preventative clinical
services for the early detection and successful treatment of
prostate cancer, whether that be through the Veterans Health
Administration or through a community provider.
(5) Clinical preventative services and initial detection are
some of the most important components in the early detection
of prostate cancer for veterans at high risk of prostate cancer.
(6) For veterans with prostate cancer, including prostate
cancer that has metastasized, precision oncology, including biomarker-driven clinical trials and innovations underway through
the Prostate Cancer Foundation and Department of Veterans
Affairs partnership, represents one of the most promising areas
of interventions, treatments, and cures for such veterans and
their families.
(b) ESTABLISHMENT OF CLINICAL PATHWAY.—
(1) IN GENERAL.—Not later than 365 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall establish an interdisciplinary clinical pathway for all
stages of prostate cancer, from early detection to end of life
care. The clinical pathway shall be established in the National
Surgery Office of the Department of Veterans Affairs in close
collaboration with the National Program Office of Oncology,
the Office of Research and Development, and other relevant
entities of the Department, including Primary Care.
(2) ELEMENTS.—The national clinical pathway established
under this subsection shall include the following elements:
(A) A diagnosis pathway for prostate cancer that
includes early screening and diagnosis protocol, including
screening recommendations for veterans with evidencebased risk factors.
(B) A treatment pathway that details the respective
roles of each office of the Department that will interact
with veterans receiving prostate cancer care, including
treatment protocol recommendations for veterans with evidence-based risk factors.
(C) Treatment recommendations for all stages of prostate cancer that reflect nationally recognized standards
for oncology, including National Comprehensive Cancer
Network guidelines. xt>
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PUBLIC LAW 117–328—DEC. 29, 2022
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) A plan that includes, as appropriate, both Department medical facilities and community-based partners and
providers and research centers specializing in prostate
cancer, especially such centers that have entered into partnerships with the Department.
(3) COLLABORATION AND COORDINATION.—In establishing
the clinical pathway required under this section, the Secretary
may collaborate and coordinate with—
(A) the National Institutes of Health;
(B) the National Cancer Institute;
(C) the National Institute on Minority Health and
Health Disparities;
(D) the Centers for Disease Control and Prevention;
(E) the Centers for Medicare and Medicaid Services;
(F) the Patient-Centered Outcomes Research Institute;
(G) the Food and Drug Administration;
(H) the Department of Defense; and
(I) other Institutes and Centers as the Secretary determines necessary.
(4) CONSULTATION REQUIREMENT.—In establishing the clinical pathway required under this section, the Secretary shall
consult with, and incorporate feedback from, veterans who have
received prostate cancer care at Department medical facilities
as well as experts in multi-disciplinary cancer care and clinical
research.
(5) PUBLICATION.—The Secretary shall—
(A) publish the clinical pathway established under this
subsection on a publicly available Department website; and
(B) update the clinical pathway as needed by review
of the medical literature and available evidence-based
guidelines at least annually, in accordance with the criteria
under paragraph (2).
(c) DEVELOPMENT OF COMPREHENSIVE PROSTATE CANCER PROGRAM AND IMPLEMENTATION OF THE PROSTATE CANCER CLINICAL
PATHWAY.—
(1) ESTABLISHMENT.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to Congress a plan to establish a prostate cancer program
using the comprehensive prostate cancer clinical pathway developed under subsection (b).
(2) PROGRAM REQUIREMENTS.—The comprehensive prostate
cancer program shall—
(A) receive direct oversight from the Deputy Undersecretary for Health of the Department of Veterans Affairs;
(B) include a yearly program implementation evaluation to facilitate replication for other disease states or
in other healthcare institutions;
(C) be metric driven and include the development of
biannual reports on the quality of prostate cancer care,
which shall be provided to the leadership of the Department, medical centers, and providers and made publicly
available in an electronic form; and
(D) include an education plan for patients and providers.
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Plan.
Public
information.
Web posting.
Update.
Deadline.
Deadline.
Plan.
Plan.
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136 STAT. 5410
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Recommendations.
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(3) PROGRAM IMPLEMENTATION EVALUATION.—The Secretary shall establish a program evaluation tool to learn best
practices and to inform the Department and Congress regarding
further use of the disease specific model of care delivery.
(4) PROSTATE CANCER RESEARCH.—The Secretary shall
submit to Congress a plan that provides for continual funding
through the Office of Research and Development of the Department of Veterans for supporting prostate cancer research
designed to position the Department as a national resource
for prostate cancer detection and treatment. Such plan shall—
(A) include details regarding the funding of and
coordination between the National Precision Oncology Program of the Department and the PCF–VA Precision
Oncology Centers of Excellence as related to the requirements of this Act; and
(B) affirm that no funding included in such funding
plan is duplicative in nature.
(d) REPORT ON NATIONAL REGISTRY.—The Secretary of Veterans
Affairs shall submit to Congress a report on the barriers and
challenges associated with creating a national prostate cancer registry. Such report shall include recommendations for centralizing
data about veterans with prostate cancer for the purpose of
improving outcomes and serving as a resource for providers.
(e) DEFINITIONS.—In this section:
(1) CLINICAL PATHWAY.—The term ‘‘clinical pathway’’ means
a health care management tool designed around research and
evidence-backed practices that provides direction for the clinical
care and treatment of a specific episode of a condition or ailment.
(2) EVIDENCE-BASED RISK FACTORS.—The term ‘‘evidencebased 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
38 USC 7401
note.
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Deadline.
Contracts.
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SEC. 111. THIRD PARTY REVIEW OF APPOINTEES IN VETERANS
HEALTH ADMINISTRATION WHO HAD A LICENSE TERMINATED FOR CAUSE AND NOTICE TO INDIVIDUALS
TREATED BY THOSE APPOINTEES IF DETERMINED THAT
AN EPISODE OF CARE OR SERVICES THAT THEY RECEIVED
WAS BELOW THE STANDARD OF CARE.
(a) THIRD PARTY REVIEW.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall enter into a contract or other agreement with an organization that is not part of the Federal Government to conduct
a clinical review for quality management of hospital care or
medical services furnished by covered providers.
(2) QUALIFICATIONS.—The Secretary shall ensure that each
review of a covered provider under this subsection is performed
by an individual who is licensed in the same specialty as
the covered provider.
(b) NOTICE TO PATIENTS TREATED BY COVERED PROVIDERS.—
With respect to hospital care or medical services furnished by
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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.
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(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:
‘‘§ 7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals
‘‘(a) COMPLIANCE WITH CREDENTIALING REQUIREMENTS.—The
Secretary shall ensure that each medical center of the Department,
in a consistent manner—
‘‘(1) compiles, verifies, and reviews documentation for each
health care professional of the Department at such medical
center regarding, at a minimum—
‘‘(A) the professional licensure, certification, or registration of the health care professional;
‘‘(B) whether the health care professional holds a Drug
Enforcement Administration registration; and
‘‘(C) the education, training, experience, malpractice
history, and clinical competence of the health care professional; and
‘‘(2) continuously monitors any changes to the matters
under paragraph (1), including with respect to suspensions,
restrictions, limitations, probations, denials, revocations, and
other changes, relating to the failure of a health care professional to meet generally accepted standards of clinical practice
in a manner that presents reasonable concern for the safety
of patients.
‘‘(b) REGISTRATION REGARDING CONTROLLED SUBSTANCES.—(1)
Except as provided in paragraph (2), the Secretary shall ensure
that each covered health care professional holds an active Drug
Enforcement Administration registration.
‘‘(2) The Secretary shall—
‘‘(A) determine the circumstances in which a medical center
of the Department must obtain a waiver under section 302(d)
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38 USC 7414.
Determination.
Waiver.
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Determination.
Compliance.
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Notification.
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PUBLIC LAW 117–328—DEC. 29, 2022
of the Controlled Substances Act (21 U.S.C. 822(d)) with respect
to covered health care professionals; and
‘‘(B) establish a process for medical centers to request such
waivers.
‘‘(3) In carrying out paragraph (1), the Secretary shall ensure
that each medical center of the Department monitors the Drug
Enforcement Administration registrations of covered health care
professionals at such medical center in a manner that ensures
the medical center is made aware of any change in status in
the registration by not later than seven days after such change
in status.
‘‘(4) If a covered health care professional does not hold an
active Drug Enforcement Administration registration, the Secretary
shall carry out any of the following actions, as the Secretary determines appropriate:
‘‘(A) Obtain a waiver pursuant to paragraph (2).
‘‘(B) Transfer the health care professional to a position
that does not require prescribing, dispensing, administering,
or conducting research with controlled substances.
‘‘(C) Take appropriate actions under subchapter V of this
chapter, with respect to an employee of the Department, or
take appropriate contract administration actions, with respect
to a contractor of the Department.
‘‘(c) REVIEWS OF CONCERNS RELATING TO QUALITY OF CLINICAL
CARE.—(1) The Secretary shall ensure that each medical center
of the Department, in a consistent manner, carries out—
‘‘(A) ongoing, retrospective, and comprehensive monitoring
of the performance and quality of the health care delivered
by each health care professional of the Department located
at the medical center, including with respect to the safety
of such care; and
‘‘(B) timely and documented reviews of such care if an
individual notifies the Secretary of any potential concerns
relating to a failure of a health care professional of the Department to meet generally accepted standards of clinical practice
in a manner that presents reasonable concern for the safety
of patients.
‘‘(2) The Secretary shall establish a policy to carry out paragraph (1), including with respect to—
‘‘(A) determining the period by which a medical center
of the Department must initiate the review of a concern
described in subparagraph (B) of such paragraph following
the date on which the concern is received; and
‘‘(B) ensuring the compliance of each medical center with
such policy.
‘‘(d) COMPLIANCE WITH REQUIREMENTS FOR REPORTING QUALITY
OF CARE CONCERNS.—If the Secretary substantiates a concern
relating to the clinical competency of, or quality of care delivered
by, a health care professional of the Department (including a former
health care professional of the Department), the Secretary shall
ensure that the appropriate medical center of the Department
timely notifies the following entities of such concern, as appropriate:
‘‘(1) The appropriate licensing, registration, or certification
body in each State in which the health care professional is
licensed, registered, or certified.
‘‘(2) The Drug Enforcement Administration.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.’’.
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38 USC
prec. 7401.
PUBLIC LAW 117–328—DEC. 29, 2022
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 7413 the following new item:
‘‘7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals.’’.
38 USC 7414
note.
38 USC 7414
note.
Summary.
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(c) DEADLINE FOR IMPLEMENTATION.—The Secretary of Veterans
Affairs shall commence the implementation of section 7414 of title
38, United States Code, as added by subsection (a), by the following
dates:
(1) With respect to subsections (a), (c)(2), (d), and (f) of
such section, not later than 180 days after the date of the
enactment of this Act.
(2) With respect to subsection (c)(1) of such section, not
later than one year after the date of the enactment of this
Act.
(3) With respect to subsection (b)(2) of such section, not
later than 18 months after the date of the enactment of this
Act.
(d) AUDITS AND REPORTS.—
(1) AUDITS.—
(A) IN GENERAL.—The Secretary of Veterans Affairs
shall carry out annual audits of the compliance of medical
centers of the Department of Veterans Affairs with the
matters required by section 7414 of title 38, United States
Code, as added by subsection (a).
(B) CONDUCT OF AUDITS.—In carrying out audits under
subparagraph (A), the Secretary—
(i) may not authorize the medical center being
audited to conduct the audit; and
(ii) may enter into an agreement with another
department or agency of the Federal Government or
a nongovernmental entity to conduct such audits.
(2) REPORTS.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, and annually thereafter
for five years, the Secretary of Veterans Affairs shall
submit to the Committee on Veterans’ Affairs of the Senate
and the Committee on Veterans’ Affairs of the House of
Representatives a report on the audits conducted under
paragraph (1).
(B) ELEMENTS.—Each report submitted under subparagraph (A) shall include a summary of the compliance by
each medical center of the Department of Veterans Affairs
with the matters required by section 7414 of title 38, United
States Code, as added by subsection (a).
(C) INITIAL REPORT.—The Secretary shall include in
the first report submitted under subparagraph (A) the following:
(i) A description of the progress made by the Secretary in implementing section 7414 of title 38, United
States Code, as added by subsection (a), including any
matters under such section that the Secretary has
not fully implemented.
(ii) An analysis of the feasibility, advisability, and
cost of requiring credentialing employees of the Department to be trained by an outside entity and to maintain
a credentialing certification.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.’’.
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SEC. 122. PLAN REGARDING INFORMING VETERANS OF EXPECTED
WAIT TIMES FOR APPOINTMENTS FOR CARE.
(a) IN GENERAL.—Not later than October 1, 2023, the Secretary
of Veterans Affairs shall develop a plan to ensure that veterans
eligible for care or services pursuant to section 1703(d)(1) of title
38, United States Code, including veterans making their own
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Determination.
Deadlines.
38 USC 1703
note.
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136 STAT. 5416
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Briefing.
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PUBLIC LAW 117–328—DEC. 29, 2022
appointments using advanced technology, are informed of the
expected number of days between the date on which the veteran
requested care until—
(1) the date on which the veteran will be able to receive
care through a non-Department of Veterans Affairs provider
under such section;
(2) the date on which the veteran will be able to receive
care through a provider of the Department;
(3) the date on which—
(A) the Department will schedule an appointment for
care through a non-Department provider under such section; or
(B) for veterans making their own appointments using
advanced technology, the veteran would be able to schedule
an appointment for care through a provider of the Department or through a non-Department provider under such
section;
(4) the date on which the Department will schedule an
appointment for care through a provider of the Department.
(b) IMPLEMENTATION.—The Secretary shall implement the plan
required under subsection (a) not later than three years after the
date of the enactment of this Act.
(c) MATTERS TO BE INCLUDED.—The Secretary shall include
in the plan required under subsection (a) a list of the information
technology systems, contracting mechanisms, staff, legislative
authorities, pilot programs, and other components that the Secretary determines necessary to implement the plan within the threeyear implementation deadline under subsection (b), as well as their
associated milestones and resource requirements.
(d) UPDATES.—Not less frequently than quarterly, the Secretary
shall brief the Committee on Veterans’ Affairs of the Senate and
the Committee on Veterans’ Affairs of the House of Representatives
and submit to those committees a report in writing regarding the
status of the implementation of the plan required under subsection
(a), to include an assessment of the progress of the Secretary
in meeting the three-year implementation deadline under subsection
(b).
CHAPTER 2—IMPROVEMENT OF PROVISION OF CARE
SEC. 125. MODIFICATIONS TO ACCESS STANDARDS FOR CARE FURNISHED THROUGH COMMUNITY CARE PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
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(a) ACCESS STANDARDS.—Section 1703B of title 38, United
States Code, is amended—
(1) by striking subsections (f) and (g) and inserting the
following:
‘‘(f)(1) Subject to paragraph (3), the Secretary shall meet the
access standards established under subsection (a) when furnishing
hospital care, medical services, or extended care services to a covered veteran under section 1703 of this title and shall ensure
that meeting such access standards is reflected in the contractual
requirements of Third Party Administrators.
‘‘(2) The Secretary shall ensure that health care providers specified under section 1703(c) of this title are able to comply with
the access standards established under subsection (a) for such providers.
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136 STAT. 5417
‘‘(3)(A) A Third Party Administrator may request a waiver
to the requirement under this subsection to meet the access standards established under subsection (a) if—
‘‘(i)(I) the scarcity of available providers or facilities in
the region precludes the Third Party Administrator from
meeting those access standards; or
‘‘(II) the landscape of providers or facilities has changed,
and certain providers or facilities are not available such that
the Third Party Administrator is not able to meet those access
standards; and
‘‘(ii) to address the scarcity of available providers or the
change in the provider or facility landscape, as the case may
be, the Third Party Administrator has contracted with other
providers or facilities that may not meet those access standards
but are the currently available providers or facilities most
accessible to veterans within the region of responsibility of
the Third Party Administrator.
‘‘(B) Any waiver requested by a Third Party Administrator
under subparagraph (A) must be requested in writing and submitted
to the Office of Integrated Veteran Care of the Department for
approval by that office.
‘‘(C) As part of any waiver request under subparagraph (A),
a Third Party Administrator must include conclusive evidence and
documentation that the access standards established under subsection (a) cannot be met because of scarcity of available providers
or changes to the landscape of providers or facilities.
‘‘(D) In evaluating a waiver request under subparagraph (A),
the Secretary shall consider the following:
‘‘(i) The number and geographic distribution of eligible
health care providers available within the geographic area and
specialty referenced in the waiver request.
‘‘(ii) The prevailing market conditions within the geographic
area and specialty referenced in the waiver request, which
shall include the number and distribution of health care providers contracting with other health care plans (including
commercial plans and the Medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.)) operating
in the geographic area and specialty referenced in the waiver
request.
‘‘(iii) Whether the service area is comprised of highly rural,
rural, or urban areas or some combination of such areas.
‘‘(iv) How significantly the waiver request differs from the
access standards established under subsection (a).
‘‘(v) The rates offered to providers in the geographic area
covered by the waiver.
‘‘(E) The Secretary shall not consider inability to contract as
a valid sole rationale for granting a waiver under subparagraph
(A).
‘‘(g)(1) The Secretary shall publish in the Federal Register
and on a publicly available internet website of the Department
the designated access standards established under this section for
purposes of section 1703(d)(1)(D) of this title.
‘‘(2) The Secretary shall publish on a publicly available internet
website of the Department the access standards established under
subsection (a).’’; and
(2) in subsection (i), by adding at the end the following
new paragraphs:
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Waiver authority.
Evaluation.
Federal Register,
publication.
Public
information.
Web posting.
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Definition.
Definition.
38 USC 1701
note.
Updates.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(3) The term ‘inability to contract’, with respect to a Third
Party Administrator, means the inability of the Third Party
Administrator to successfully negotiate and establish a community care network contract with a provider or facility.
‘‘(4) The term ‘Third Party Administrator’ means an entity
that manages a provider network and performs administrative
services related to such network within the Veterans Community Care Program under section 1703 of this title.’’.
(b) PREVENTION OF SUSPENSION OF VETERANS COMMUNITY CARE
PROGRAM.—Section 1703(a) of such title is amended by adding
at the end the following new paragraph:
‘‘(4) Nothing in this section shall be construed to authorize
the Secretary to suspend the program established under paragraph
(1).’’.
SEC. 126. STRATEGIC PLAN TO ENSURE CONTINUITY OF CARE IN THE
CASE OF THE REALIGNMENT OF A MEDICAL FACILITY OF
THE DEPARTMENT.
(a) SENSE OF CONGRESS.—It is the sense of Congress that
the Veterans Health Administration should ensure that veterans
do not experience a lapse of care when transitioning in receiving
care due to the realignment of a medical facility of the Department
of Veterans Affairs.
(b) DEVELOPMENT OF STRATEGIC PLAN.—
(1) IN GENERAL.—The Secretary of Veterans Affairs, acting
through the Office of Integrated Veteran Care, the Chief
Strategy Office, the Office of Asset Enterprise Management,
or any successor office that has similar and related functions,
shall develop and periodically update a strategic plan to ensure
continuity of health care through care furnished at a facility
of the Department or through the Community Care Program
for veterans impacted by the realignment of a medical facility
of the Department.
(2) ELEMENTS.—The strategic plan required under paragraph (1) shall include, at a minimum, the following:
(A) An assessment of the progress of the Department
in identifying impending realignments of medical facilities
of the Department and the impact of such realignments
on access of veterans to care, including any impact on
the network of health care providers under the Community
Care Program.
(B) The progress of the Department in establishing
operated sites of care and related activities to address
the impact of such a realignment.
(C) An outline of collaborative actions and processes
the Department can take to address potential gaps in
health care created by such a realignment, including
actions and processes to be taken by the Office of Integrated
Veteran Care, the Chief Strategy Office, and the Office
of Asset Enterprise Management of the Department.
(D) A description of how the Department can identify
to Third Party Administrators changes in the catchment
areas of medical facilities to be realigned and develop a
process with Third Party Administrators to strengthen provider coverage in advance of such realignments.
(3) SUBMITTAL TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Under Secretary
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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. 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.
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SEC.
132.
PILOT PROGRAM ESTABLISHING COMMUNITY
APPOINTMENT SELF-SCHEDULING TECHNOLOGY.
CARE
(a) PILOT PROGRAM.—Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall commence a pilot program under which covered veterans
eligible for hospital care, medical services, or extended care services
under subsection (d)(1) of section 1703 of title 38, United States
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Deadline.
Determination.
PUBLIC LAW 117–328—DEC. 29, 2022
Code, may use a technology that has the capabilities specified
in section 133(a) to schedule and confirm medical appointments
with health care providers participating in the Veterans Community
Care Program.
(b) EXPANSION OR DEVELOPMENT OF NEW TECHNOLOGY.—In
carrying out the pilot program, the Secretary may expand capabilities of an existing appointment self-scheduling technology of the
Department of Veterans Affairs or purchase a new appointment
self-scheduling technology.
(c) COMPETITION.—In contracting for the expansion of capabilities of an existing appointment self-scheduling technology of the
Department or the purchase of a new appointment self-scheduling
technology under the pilot program, the Secretary shall comply
with section 3301 of title 41, United States Code, and award any
such contract not later than 270 days after the date of the enactment of this Act.
(d) SELECTION OF LOCATIONS.—The Secretary shall select not
fewer than two Veterans Integrated Services Networks of the
Department in which to carry out the pilot program.
(e) DURATION OF PILOT PROGRAM.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary shall carry out the pilot program for an 18-month
period.
(2) EXTENSION.—The Secretary may extend the duration
of the pilot program and may expand the selection of Veterans
Integrated Services Networks under subsection (d) if the Secretary determines that the pilot program is reducing the wait
times of veterans seeking hospital care, medical services, or
extended care services under the Veterans Community Care
Program.
(f) OUTREACH.—The Secretary shall ensure that veterans
participating in the Veterans Community Care Program in Veterans
Integrated Services Networks in which the pilot program is being
carried out are informed about the pilot program.
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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.
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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) IN GENERAL.—The Comptroller General of the United
States shall evaluate whether the appointment self-scheduling
technology used in the pilot program includes the capabilities
required under subsection (a) and successfully performs such
capabilities.
(2) BRIEFING.—Not later than 30 days after the date on
which the Comptroller General completes the evaluation under
paragraph (1), the Comptroller General shall brief the appropriate congressional committees on such evaluation.
(c) CERTIFICATION.—Not later than 18 months after commencement of the pilot program, the Secretary shall certify to the Committee on Veterans’ Affairs of the Senate and the Committee on
Veterans’ Affairs of the House of Representatives whether the
appointment self-scheduling technology used in the pilot program
and any other patient self-scheduling technology developed or used
by the Department of Veterans Affairs to schedule appointments
under the Veterans Community Care Program as of the date of
the certification includes the capabilities required under subsection
(a).
(d) THIRD PARTY ADMINISTRATOR DEFINED.—In this section,
the term ‘‘Third Party Administrator’’ means an entity that manages
a provider network and performs administrative services related
to such network within the Veterans Community Care Program
under section 1703 of title 38, United States Code.
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Evaluation.
Deadline.
Deadline.
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136 STAT. 5422
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 134. REPORT.
Assessment.
Time period.
Recommendations.
Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of Veterans
Affairs shall submit to the appropriate congressional committees
a report that includes—
(1) an assessment by the Secretary of the pilot program
during the 180-day period preceding the date of the report,
including—
(A) the cost of the pilot program;
(B) the volume of usage of the appointment self-scheduling technology under the pilot program;
(C) the quality of the pilot program;
(D) patient satisfaction with the pilot program;
(E) benefits to veterans of using the pilot program;
(F) the feasibility of allowing self-scheduling for different specialties under the pilot program;
(G) participation in the pilot program by health care
providers under the Veterans Community Care Program;
and
(H) such other findings and conclusions with respect
to the pilot program as the Secretary considers appropriate;
and
(2) such recommendations as the Secretary considers appropriate regarding—
(A) extension of the pilot program to other or all Veterans Integrated Service Networks of the Department of
Veterans Affairs; and
(B) making the pilot program permanent.
CHAPTER 4—ADMINISTRATION OF NON-DEPARTMENT
CARE
SEC. 141. CREDENTIALING VERIFICATION REQUIREMENTS FOR PROVIDERS OF NON-DEPARTMENT OF VETERANS AFFAIRS
HEALTH CARE SERVICES.
(a) CREDENTIALING VERIFICATION REQUIREMENTS.—
(1) IN GENERAL.—Subchapter I of chapter 17 of title 38,
United States Code, is amended by inserting after section
1703E the following new section:
38 USC 1703F.
Compliance.
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‘‘§ 1703F. Credentialing verification requirements for providers of non-Department health care services
‘‘(a) IN GENERAL.—The Secretary shall ensure that Third Party
Administrators and credentials verification organizations comply
with the requirements specified in subsection (b) to help ensure
certain health care providers are excluded from providing nonDepartment health care services.
‘‘(b) REQUIREMENTS SPECIFIED.—The Secretary shall require
Third Party Administrators and credentials verification organizations to carry out the following:
‘‘(1) Hold and maintain an active credential verification
accreditation from a national health care accreditation body.
‘‘(2) Conduct initial verification of provider history and
license sanctions for all States and United States territories
for a period of time—
‘‘(A) that includes the period before the provider began
providing non-Department health care services; and
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136 STAT. 5423
‘‘(B) dating back not less than 10 years.
‘‘(3) Not less frequently than every three years, perform
recredentialing, including verifying provider history and license
sanctions for all States and United States territories.
‘‘(4) Implement continuous monitoring of each provider
through the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11101 et seq.).
‘‘(5) Perform other forms of credentialing verification as
the Secretary considers appropriate.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘credentials verification organization’ means
an entity that manages the provider credentialing process and
performs credentialing verification for non-Department providers that participate in the Veterans Community Care Program under section 1703 of this title through a Veterans Care
Agreement.
‘‘(2) The term ‘Third Party Administrator’ means an entity
that manages a provider network and performs administrative
services related to such network within the Veterans Community Care Program under section 1703 of this title.
‘‘(3) The term ‘Veterans Care Agreement’ means an agreement for non-Department health care services entered into
under section 1703A of this title.
‘‘(4) The term ‘non-Department health care services’ means
services—
‘‘(A) provided under this subchapter at non-Department
facilities (as defined in section 1701 of this title);
‘‘(B) provided under section 101 of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113–
146; 38 U.S.C. 1701 note);
‘‘(C) purchased through the Medical Community Care
account of the Department; or
‘‘(D) purchased with amounts deposited in the Veterans
Choice Fund under section 802 of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113–
146; 38 U.S.C. 1701 note).’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 1703E the following new item:
Deadlines.
38 USC
prec. 1701.
‘‘1703F. Credentialing verification requirements for providers of non-Department
health care services.’’.
(b) DEADLINE FOR IMPLEMENTATION.—Not later than 180 days
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall commence the implementation of section 1703F of
title 38, United States Code, as added by subsection (a)(1).
38 USC 1703F
note.
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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):
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136 STAT. 5424
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Deadline.
‘‘(f) SUBMITTAL OF CLAIMS FOR DIRECT PAYMENT.—An individual
or entity seeking payment under subsection (a)(2) for treatment
provided to a veteran in lieu of reimbursement to the veteran
shall submit a claim for such payment not later than 180 days
after the latest date on which such treatment was provided.
‘‘(g) HOLD HARMLESS.—No veteran described in subsection (b)
may be held liable for payment for emergency treatment described
in such subsection if—
‘‘(1) a claim for direct payment was submitted by an individual or entity under subsection (f); and
‘‘(2) such claim was submitted after the deadline established by such subsection due to—
‘‘(A) an administrative error made by the individual
or entity, such as submission of the claim to the wrong
Federal agency, under the wrong reimbursement authority
(such as section 1728 of this title), or submission of the
claim after the deadline; or
‘‘(B) an administrative error made by the Department,
such as misplacement of a paper claim or deletion of an
electronic claim.’’.
(b) TREATMENT FOR AND IN CONNECTION WITH SERVICE-CONNECTED DISABILITIES.—Section 1728 of such title is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):
‘‘(c) No veteran described in subsection (a) may be held liable
for payment for emergency treatment described in such subsection
if—
‘‘(1) a claim for direct payment was submitted by an individual or entity under subsection (b)(2); and
‘‘(2) such claim was submitted after a deadline established
by the Secretary for purposes of this section due to—
‘‘(A) an administrative error made by the individual
or entity, such as submission of the claim to the wrong
Federal agency or submission of the claim after the deadline; or
‘‘(B) an administrative error made by the Department,
such as misplacement of a paper claim or deletion of an
electronic claim.’’.
(c) CONFORMING AMENDMENTS.—Such title is amended—
(1) in section 1705A(d), by striking ‘‘section 1725(f)’’ and
inserting ‘‘section 1725(h)’’;
(2) in section 1725(b)(3)(B), by striking ‘‘subsection (f)(2)(B)
or (f)(2)(C)’’ and inserting ‘‘subsection (h)(2)(B) or (h)(2)(C)’’;
(3) in section 1728(d), as redesignated by subsection (b)(4),
by striking ‘‘section 1725(f)(1)’’ and inserting ‘‘section
1725(h)(1)’’;
(4) in section 1781(a)(4), by striking ‘‘section 1725(f)’’ and
inserting ‘‘section 1725(h)’’; and
(5) in section 1787(b)(3), by striking ‘‘section 1725(f)’’ and
inserting ‘‘section 1725(h)’’.
38 USC 1703B
note.
SEC. 143. PUBLICATION OF CLARIFYING INFORMATION FOR NONDEPARTMENT OF VETERANS AFFAIRS PROVIDERS.
Public
information.
Web posting.
Summaries.
List.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall publish on one or more publicly available internet websites of the
Department of Veterans Affairs, including the main internet website
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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 nonDepartment 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 NONDEPARTMENT OF VETERANS AFFAIRS CARE.
Section 108 of the VA MISSION Act of 2018 (Public Law
115–182; 38 U.S.C. 1701 note) is amended—
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new subsection (d):
‘‘(d) APPLICATION.—The requirement to deny or revoke the eligibility of a health care provider to provide non-Department health
care services to veterans under subsection (a) shall apply to any
removal under paragraph (1) of such subsection or violation under
paragraph (2) of such subsection that occurred on or after a date
determined by the Secretary that is not less than five years before
the date of the enactment of this Act.’’.
Determination.
Time period.
Subtitle D—Improvement of Rural Health
and Telehealth
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SEC. 151. ESTABLISHMENT OF STRATEGIC PLAN REQUIREMENT FOR
OFFICE OF CONNECTED CARE OF DEPARTMENT OF VETERANS AFFAIRS.
38 USC 1701
note.
(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.
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(4) As of 2019, veterans who reside in rural and highly
rural areas make up approximately 1⁄3 of veteran enrollees
in the patient enrollment system, and are on average, older
than their veteran peers in urban areas, experience higher
degrees of financial instability, and live with a greater number
of complex health needs and comorbidities.
(5) The Federal Communications Commission estimated
in 2020 that 15 percent of veteran households do not have
an internet connection.
(6) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), Congress granted the Department additional authority to enter into short-term agreements
or contracts with private sector telecommunications companies
to provide certain broadband services for the purposes of providing expanded mental health services to isolated veterans
through telehealth or VA Video Connect during a public health
emergency.
(7) The authority described in paragraph (6) was not utilized to the fullest extent by the Department.
(8) Though the Department has made significant progress
in expanding telehealth services offered to veterans who are
enrolled in the patient enrollment system, significant gaps still
exist to ensure all veterans receive equal and high-quality
access to virtual care.
(9) Questions regarding the efficacy of using telehealth
for certain health care services and specialties remain, and
should be further studied.
(10) The Department continues to expand telehealth and
virtual care offerings for primary care, mental health care,
specialty care, urgent care, and even remote intensive care
units.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the telehealth services offered by the Department of Veterans
Affairs should be routinely measured and evaluated to ensure the
telehealth technologies and modalities delivered to veteran patients
to treat a wide variety of health conditions are as effective as
in-person treatment for primary care, mental health care, and other
forms of specialty care.
(c) DEVELOPMENT OF STRATEGIC PLAN.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs,
acting through the Office of Connected Care of the Department
of Veterans Affairs, shall develop a strategic plan to ensure
the effectiveness of the telehealth technologies and modalities
delivered by the Department to veterans who are enrolled in
the patient enrollment system.
(2) UPDATE.—
(A) IN GENERAL.—The Secretary shall update the strategic plan required under paragraph (1) not less frequently
than once every three years following development of the
plan.
(B) CONSULTATION.—The Secretary shall prepare any
update required under subparagraph (A) in consultation
with the following:
(i) The Chief Officer of the Office of Connected
Care of the Department.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) ELEMENTS.—The strategic plan required under paragraph (1), and any update to that plan under paragraph (2),
shall include, at a minimum, the following:
(A) A comprehensive list of all health care specialties
the Department is currently delivering by telehealth or
virtual care.
(B) An assessment of the effectiveness and patient
outcomes for each type of health care specialty delivered
by telehealth or virtual care by the Department.
(C) An assessment of satisfaction of veterans in
receiving care through telehealth or virtual care
disaggregated by age group and by Veterans Integrated
Service Network.
(D) An assessment of the percentage of virtual visits
delivered by the Department through each modality
including standard telephone telehealth, VA Video Connect,
and the Accessing Telehealth through Local Area Stations
program of the Department.
(E) An outline of all current partnerships maintained
by the Department to bolster telehealth or virtual care
services for veterans.
(F) An assessment of the barriers faced by the Department in delivering telehealth or virtual care services to
veterans residing in rural and highly rural areas, and
the strategies the Department is deploying beyond purchasing hardware for veterans who are enrolled in the
patient enrollment system.
(G) A detailed plan illustrating how the Department
is working with other Federal agencies, including the
Department of Health and Human Services, the Department of Agriculture, the Federal Communications Commission, and the National Telecommunications and Information Administration, to enhance connectivity in rural,
highly rural, and medically underserved areas to better
reach all veterans.
(H) The feasibility and advisability of partnering with
Federally qualified health centers, rural health clinics, and
critical access hospitals to fill the gap for health care services that exists for veterans who reside in rural and highly
rural areas.
(I) An evaluation of the number of veterans who are
enrolled in the patient enrollment system who have previously received care under the Veterans Community Care
Program under section 1703 of title 38, United States Code.
(d) SUBMITTAL TO CONGRESS.—Not later than 180 days after
the development of the strategic plan under paragraph (1) of subsection (c), and not later than 180 days after each update under
paragraph (2) of such subsection thereafter, the Secretary shall
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List.
Assessment.
Evaluation.
Reports.
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PUBLIC LAW 117–328—DEC. 29, 2022
submit to the Committee on Veterans’ Affairs of the Senate and
the Committee on Veterans’ Affairs of the House of Representatives
a report that includes the following:
(1) The completed strategic plan or update, as the case
may be.
(2) An identification of areas of improvement by the Department in the delivery of telehealth and virtual care services
to veterans who are enrolled in the patient enrollment system,
with a timeline for improvements to be implemented.
(e) DEFINITIONS.—
(1) PATIENT ENROLLMENT SYSTEM.—The term ‘‘patient
enrollment system’’ means the system of annual patient enrollment of the Department of Veterans Affairs established and
operated under section 1705(a) of title 38, United States Code.
(2) RURAL; HIGHLY RURAL.—The terms ‘‘rural’’ and ‘‘highly
rural’’ have the meanings given those terms in the RuralUrban 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.
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(a) REPORT REQUIRED.—Not later than 540 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Veterans’ Affairs of the
Senate and the Committee on Veterans’ Affairs of the House of
Representatives a report on the program the establishment of which
was facilitated under section 111A(b) of title 38, United States
Code.
(b) CONTENTS.—The report submitted under subsection (a) shall
include the following:
(1) A description of the program described in such subsection, including descriptions of the following:
(A) The purpose of the program.
(B) The activities carried out under the program.
(2) An assessment of the sufficiency of the program with
respect to the purpose of the program.
(3) An assessment of the cost effectiveness of the program
in comparison to alternatives.
(4) An assessment of the health benefits for veterans who
have participated in the program.
(5) An assessment of the sufficiency of staffing of employees
of the Department of Veterans Affairs who are responsible
for facilitating the maintenance of the program.
(6) An assessment, with respect to the purpose of the
program, of the number of vehicles owned by and operating
in conjunction with the program.
(7) An assessment of the awareness and usage of the program by veterans and their families.
(8) An assessment of other options for transportation under
the program, such as local taxi companies and ridesharing
programs such as Uber and Lyft.
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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) 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.
Assessment.
Subtitle E—Care for Aging Veterans
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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
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Assessment.
Examination.
38 USC 1741
note.
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(3) address new and different care delivery models,
including by—
(A) assessing the implications of such models for the
design of facilities and how those facilities may need to
change;
(B) examining the workforce needed to support aging
populations of veterans as they grow and receive longterm care through different trends of care delivery; and
(C) considering the feasibility and advisability of implementing a veteran-focused independent provider model for
non-institutional care.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the strategy developed under subsection (a).
SEC. 162. IMPROVEMENT OF STATE VETERANS HOMES.
(a) STANDARDIZED SHARING AGREEMENTS.—The Secretary of
Veterans Affairs shall develop a standardized process throughout
the Department of Veterans Affairs for entering into sharing agreements between State homes and medical centers of the Department.
(b) PROVISION OF MEDICATION TO CATASTROPHICALLY DISABLED
VETERANS.—Section 1745(b) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(3) Any veteran who has been determined by the Secretary
to be catastrophically disabled, as defined in section 17.36(e)
of title 38, Code of Federal Regulations, or successor regulations, and on whose behalf the Secretary is paying a per diem
for nursing home or domiciliary care in a State home under
this chapter.’’.
(c) OVERSIGHT OF INSPECTIONS.—
(1) MONITORING.—The Secretary shall monitor any contractor used by the Department to conduct inspections of State
homes, including by reviewing the inspections conducted by
each such contractor for quality not less frequently than quarterly.
(2) REPORTING OF DEFICIENCIES.—The Secretary shall
require that any deficiencies of a State home noted during
the inspection of the State home be reported to the Secretary.
(3) TRANSPARENCY.—The Secretary shall publish the results
of any inspection of a State home, and any associated corrective
actions planned by the State home, on a publicly available
internet website of the Department.
(d) STATE HOME DEFINED.—In this section, the term ‘‘State
home’’ has the meaning given that term in section 101(19) of title
38, United States Code.
38 USC 1741
note.
SEC. 163. GERIATRIC PSYCHIATRY PILOT PROGRAM AT STATE VETERANS HOMES.
Deadline.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
commence the conduct of a pilot program under which the Secretary
shall provide geriatric psychiatry assistance to eligible veterans
at State homes.
(b) DURATION.—The Secretary shall carry out the pilot program
under this section for a two-year period.
(c) TYPE OF ASSISTANCE.—Assistance provided under the pilot
program under this section may include—
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(1) direct provision of geriatric psychiatry services,
including health care if feasible;
(2) payments to non-Department of Veterans Affairs providers in the community to provide such services;
(3) collaboration with other Federal agencies to provide
such services; or
(4) such other forms of assistance as the Secretary considers
appropriate.
(d) CONSIDERATION OF LOCAL AREA NEEDS.—In providing
assistance under the pilot program under this section, the Secretary
shall consider the geriatric psychiatry needs of the local area,
including by considering—
(1) State homes with a high proportion of residents with
unmet mental health needs;
(2) State homes located in mental health care health professional shortage areas designated under section 332 of the Public
Health Service Act (42 U.S.C. 254e); or
(3) State homes located in rural or highly rural areas.
(e) DEFINITIONS.—In this section, the terms ‘‘State home’’ and
‘‘veteran’’ have the meanings given those terms in section 101
of title 38, United States Code.
SEC. 164. SUPPORT FOR AGING VETERANS AT RISK OF OR EXPERIENCING HOMELESSNESS.
38 USC 2041
note.
(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).
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SEC. 165. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY
FOR PAYMENT OF CARE FOR VETERANS IN NON-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FOSTER HOMES.
(a) AUTHORITY.—
(1) IN GENERAL.—Section 1720 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(h)(1) During the five-year period beginning on the date of
the enactment of the Joseph Maxwell Cleland and Robert Joseph
Dole Memorial Veterans Benefits and Health Care Improvement
Act of 2022, and subject to paragraph (3)—
‘‘(A) at the request of a veteran for whom the Secretary
is required to provide nursing home care under section 1710A
of this title, the Secretary may place the veteran in a medical
foster home that meets Department standards, at the expense
of the United States, pursuant to a contract, agreement, or
other arrangement entered into between the Secretary and
the medical foster home for such purpose; and
‘‘(B) the Secretary may pay for care of a veteran placed
in a medical foster home before such date of enactment, if
the home meets Department standards, pursuant to a contract,
agreement, or other arrangement entered into between the
Secretary and the medical foster home for such purpose.
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Definition.
38 USC 1720
note.
38 USC 1720
note.
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‘‘(2) A veteran on whose behalf the Secretary pays for care
in a medical foster home under paragraph (1) shall agree, as a
condition of such payment, to accept home health services furnished
by the Secretary under section 1717 of this title.
‘‘(3) In any year, not more than a daily average of 900 veterans
receiving care in a medical foster home, whether placed before,
on, or after the date of the enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and
Health Care Improvement Act of 2022, may have their care covered
at the expense of the United States under paragraph (1).
‘‘(4) The prohibition under section 1730(b)(3) of this title shall
not apply to a veteran whose care is covered at the expense of
the United States under paragraph (1).
‘‘(5) In this subsection, the term ‘medical foster home’ means
a home designed to provide non-institutional, long-term, supportive
care for veterans who are unable to live independently and prefer
a family setting.’’.
(2) EFFECTIVE DATE.—Subsection (h) of section 1720 of title
38, United States Code, as added by paragraph (1), shall take
effect 90 days after the date of the enactment of this Act.
(b) ONGOING MONITORING OF MEDICAL FOSTER HOME PROGRAM.—
(1) IN GENERAL.—The Secretary of Veterans Affairs shall
create a system to monitor and assess the workload for the
Department of Veterans Affairs in carrying out the authority
under section 1720(h) of title 38, United States Code, as added
by subsection (a)(1), including by tracking—
(A) requests by veterans to be placed in a medical
foster home under such section;
(B) denials of such requests, including the reasons
for such denials;
(C) the total number of medical foster homes applying
to participate under such section, disaggregated by those
approved and those denied approval by the Department
to participate;
(D) veterans receiving care at a medical foster home
at the expense of the United States; and
(E) veterans receiving care at a medical foster home
at their own expense.
(2) REPORT.—Based on the monitoring and assessments
conducted under paragraph (1), the Secretary shall identify
and submit to Congress a report on such modifications to implementing section 1720(h) of title 38, United States Code, as
added by subsection (a)(1), as the Secretary considers necessary
to ensure the authority under such section is functioning as
intended and care is provided to veterans under such section
as intended.
(3) MEDICAL FOSTER HOME DEFINED.—In this subsection,
the term ‘‘medical foster home’’ has the meaning given that
term in section 1720(h) of title 38, United States Code, as
added by subsection (a)(1).
(c) COMPTROLLER GENERAL REPORT.—Not later than each of
three years and six years after the date of the enactment of this
Act, the Comptroller General of the United States shall submit
to Congress a report—
(1) assessing the implementation of this section and the
amendments made by this section;
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(2) assessing the impact of the monitoring and modifications under subsection (b) on care provided under section
1720(h) of title 38, United States Code, as added by subsection
(a)(1); and
(3) setting forth recommendations for improvements to the
implementation of such section, as the Comptroller General
considers appropriate.
Recommendations.
Subtitle F—Foreign Medical Program
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SEC.
171.
ANALYSIS OF FEASIBILITY AND ADVISABILITY OF
EXPANDING ASSISTANCE AND SUPPORT TO CAREGIVERS
TO INCLUDE CAREGIVERS OF VETERANS IN THE REPUBLIC
OF THE PHILIPPINES.
(a) FINDINGS.—Congress makes the following findings:
(1) Although section 161 of the VA MISSION Act of 2018
(Public Law 115–182; 132 Stat. 1438) expanded the program
of comprehensive assistance for family caregivers of the Department of Veterans Affairs under section 1720G(a) of title 38,
United States Code, to veterans of all eras, it did not expand
the program to family caregivers for veterans overseas.
(2) Although caregivers for veterans overseas can access
online resources as part of the program of support services
for caregivers of veterans under subsection (b) section 1720G
of such title, those caregivers are not currently eligible for
the comprehensive services and benefits provided under subsection (a) of such section.
(3) The Department has an outpatient clinic and a regional
benefits office in Manila, Republic of the Philippines, and the
Foreign Medical Program of the Department under section
1724 of such title is used heavily in the Republic of the Philippines by veterans who live in that country.
(4) Due to the presence of facilities of the Department
in the Republic of the Philippines and the number of veterans
who reside there, that country is a suitable test case to analyze
the feasibility and advisability of expanding caregiver support
to caregivers of veterans overseas.
(b) ANALYSIS.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete an analysis of the feasibility and advisability of making assistance and support under section 1720G(a) of title 38, United States
Code, available to caregivers of veterans in the Republic of the
Philippines.
(c) REPORT.—Not later than 180 days after the conclusion of
the analysis conducted under subsection (b), the Secretary shall
submit to the Committee on Veterans’ Affairs of the Senate and
the Committee on Veterans’ Affairs of the House of Representatives
a report that includes the following:
(1) The results of such analysis.
(2) An assessment of the number of veterans who are
enrolled in the patient enrollment system and reside in the
Republic of the Philippines.
(3) An assessment of the number of veterans residing in
the Republic of the Philippines with a disability rating from
the Department of not less than 70 percent.
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PUBLIC LAW 117–328—DEC. 29, 2022
(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.
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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—
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(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:
‘‘§ 7330D. Inapplicability of Paperwork Reduction Act to
research activities
‘‘Subchapter I of chapter 35 of title 44 (commonly referred
to as the ‘Paperwork Reduction Act’) shall not apply to the voluntary
collection of information during the conduct of research by the
Veterans Health Administration, including the Office of Research
and Development, or individuals or entities affiliated with the Veterans Health Administration.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item
relating to section 7330C the following new item:
‘‘(1) ‘‘7330D. Inapplicability of Paperwork Reduction Act
to research activities.’’.
38 USC 7330D.
38 USC
prec. 7301.
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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:
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136 STAT. 5436
‘‘SUBCHAPTER V—RESEARCH AND DEVELOPMENT
38 USC
prec 7381.
38 USC 7381.
Establishment.
38 USC 7382.
38 USC
prec. 7301.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘§ 7381. Office of Research and Development
‘‘(a) OFFICE OF RESEARCH AND DEVELOPMENT.—There is in the
Veterans Health Administration an Office of Research and Development (in this section referred to as the ‘Office’).
‘‘(b) PURPOSES.—The function of the Office is to serve veterans
through a full spectrum of research (including pre-clinical, clinical,
and health systems science), technology transfer, and application.
‘‘(c) CHIEF RESEARCH AND DEVELOPMENT OFFICER.—The head
of the Office is the Chief Research and Development Officer.
‘‘(d) ORGANIZATION AND PERSONNEL.—The Office shall be organized in such manner, and its personnel shall perform such duties
and have such titles, as the Secretary may prescribe.
‘‘§ 7382. Research personnel
‘‘(a) WAIVER OF INTERGOVERNMENTAL PERSONNEL ACT MOBILITY
PROGRAM LIMITS.—The Secretary may waive the limit on the period
and number of assignments required under section 3372(a) of title
5 with respect to an individual who performs research for the
Department under the mobility program under subchapter VI of
chapter 33 of such title (commonly referred to as the ‘Intergovernmental Personnel Act Mobility Program’).
‘‘(b) OUTSIDE EARNED INCOME FOR RESEARCH FOR THE DEPARTMENT.—(1) Compensation from a nonprofit corporation established
under subchapter IV of this chapter, or a university affiliated with
the Department, may be paid, without regard to section 209 of
title 18, to an employee described in paragraph (2), for research
conducted pursuant to section 7303 of this title if—
‘‘(A) the research has been approved in accordance with
procedures prescribed by the Under Secretary for Health;
‘‘(B) the employee conducts research under the supervision
of personnel of the Department; and
‘‘(C) the Secretary agreed to the terms of such compensation
in writing.
‘‘(2) An employee described in this subsection is an employee
who has an appointment within the Department, whether with
or without compensation, and without regard to the source of such
compensation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new items:
‘‘SUBCHAPTER V—RESEARCH
‘‘7381. Office of Research and Development.
‘‘7382. Research personnel.’’.
AND DEVELOPMENT
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,’’.
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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
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for clinician-scientists appointed by the Secretary of Veterans
Affairs.
(b) ELEMENTS.—The study under subsection (a) shall include
the following:
(1) A review of the policies and practices of the Department
of Veterans Affairs regarding the time dedicated for research
for the personnel specified in subsection (a).
(2) An assessment of the effect of such policies and practices
on the following:
(A) The recruitment and retention efforts of the Department.
(B) The productivity of the personnel specified in subsection (a) with respect to research.
(C) The efficient use of resources available for research
on issues relating to the health of veterans.
(c) REPORT.—Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report
detailing the findings of the study conducted under subsection (a).
Review.
Assessment.
Subtitle H—Mental Health Care
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SEC. 191. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF DEPARTMENT OF VETERANS AFFAIRS PROVIDING EVIDENCEBASED TREATMENTS FOR THE DIAGNOSIS OF TREATMENTRESISTANT 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
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Deadline.
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Law 114–198; 38 U.S.C. 1701 note) found that treatment-resistant depression is a major issue throughout the mental health
treatment system, and that an estimated 50 percent of
depressed patients are inadequately treated by available interventions.
(6) The COVER Commission also reported data collected
from the Department of Veterans Affairs that found that only
approximately 1,166 patients throughout the Department were
referred for ECT in 2018 and only approximately 772 patients
were referred for rTMS during that year.
(b) ANALYSIS.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete an analysis of the feasibility and advisability of making repetitive transcranial magnetic stimulation available at all medical
facilities of the Department of Veterans Affairs and electro-convulsive therapy available at one medical center located within each
Veterans Integrated Service Network for the treatment of veterans
who are enrolled in the patient enrollment system and have a
diagnosis of treatment-resistant depression.
(c) INCLUSION OF ASSESSMENT OF REPORT.—The analysis conducted under subsection (b) shall include an assessment of the
final report of the COVER Commission submitted under section
931(e)(2) of the Jason Simcakoski Memorial and Promise Act (title
IX of Public Law 114–198; 38 U.S.C. 1701 note).
(d) REPORT.—Not later than 180 days after the conclusion of
the analysis conducted under subsection (b), the Secretary shall
submit to the Committee on Veterans’ Affairs of the Senate and
the Committee on Veterans’ Affairs of the House of Representatives
a report that includes the following:
(1) The results of such analysis.
(2) An assessment of the number of veterans who are
enrolled in the patient enrollment system and who have a
diagnosis of treatment-resistant depression per Veterans
Integrated Service Network during the two-year period preceding the date of the report.
(3) An assessment of the number of the veterans who
are enrolled in the patient enrollment system who have a
diagnosis of treatment-resistant depression and who have
received or are currently receiving repetitive transcranial magnetic stimulation or electro-convulsive therapy as a treatment
modality during the two-year period preceding the date of the
report.
(4) An assessment of the number and locations of medical
centers of the Department that currently provide repetitive
transcranial magnetic stimulation to veterans who are enrolled
in the patient enrollment system and who have a diagnosis
of treatment-resistant depression.
(5) An assessment of the number and locations of medical
centers of the Department that currently provide electro-convulsive therapy to veterans who are enrolled in the patient enrollment system and who have a diagnosis of treatment-resistant
depression.
(e) PATIENT ENROLLMENT SYSTEM DEFINED.—In this section,
the term ‘‘patient enrollment system’’ means the system of annual
patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States
Code.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5439
SEC. 192. MODIFICATION OF RESOURCE ALLOCATION SYSTEM TO
INCLUDE PEER SPECIALISTS.
38 USC 7401
note.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
modify the Veterans Equitable Resource Allocation system, or successor system, to ensure that resource allocations under such
system, or successor system, include peer specialists appointed
under section 7402(b)(13) of title 38, United States Code.
(b) VETERANS EQUITABLE RESOURCE ALLOCATION SYSTEM
DEFINED.—In this section, the term ‘‘Veterans Equitable Resource
Allocation system’’ means the resource allocation system established
pursuant to section 429 of the Departments of Veterans Affairs
and House and Urban Development, and Independent Agencies
Appropriations Act, 1997 (Public Law 104–204; 110 Stat. 2929).
Deadline.
SEC. 193. GAP ANALYSIS OF PSYCHOTHERAPEUTIC INTERVENTIONS
OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Not later than 270 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
complete a gap analysis throughout the entire health care system
of the Veterans Health Administration on the use and availability
of psychotherapeutic interventions recommended in widely used
clinical practice guidelines as recommended in the final report
of the COVER Commission submitted under section 931(e)(2) of
the Jason Simcakoski Memorial and Promise Act (title IX of Public
Law 114–198; 38 U.S.C. 1701 note).
(b) ELEMENTS.—The gap analysis required under subsection
(a) shall include the following:
(1) An assessment of the psychotherapeutic interventions
available and routinely delivered to veterans at medical centers
of the Department of Veterans Affairs within each Veterans
Integrated Service Network of the Department.
(2) An assessment of the barriers faced by medical centers
of the Department in offering certain psychotherapeutic interventions and why those interventions are not widely implemented or are excluded from implementation throughout the
entire health care system of the Veterans Health Administration.
(c) REPORT AND PLAN.—Not later than 180 days after completing the gap analysis under subsection (a), the Secretary shall
submit to the Committee on Veterans’ Affairs of the Senate and
the Committee on Veterans’ Affairs of the House of Representatives—
(1) a report on the results of the analysis; and
(2) a plan with measurable, time-limited steps for the
Department to implement—
(A) to address the gaps that limit access of veterans
to care; and
(B) to treat various mental health conditions across
the entire health care system of the Veterans Health
Administration.
Deadline.
Assessments.
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SEC. 193A. PROHIBITION ON COLLECTION OF COPAYMENTS FOR FIRST
THREE MENTAL HEALTH CARE OUTPATIENT VISITS OF
VETERANS.
(a) PROHIBITION ON COLLECTION.—Chapter 17 of title 38,
United States Code, is amended by inserting after section 1722B
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prec. 1701.
PUBL328
136 STAT. 5440
PUBLIC LAW 117–328—DEC. 29, 2022
the following new section (and conforming the table of sections
at the beginning of such chapter accordingly):
38 USC 1722C.
Effective date.
38 USC 1722C
note.
‘‘§ 1722C. Copayments: prohibition on collection of copayments for first three mental health care outpatient visits of veterans
‘‘(a) PROHIBITION.—Except as provided in subsection (b), notwithstanding section 1710(g) of this title or any other provision
of law, the Secretary may not impose or collect a copayment for
the first three mental health care outpatient visits of a veteran
in a calendar year for which the veteran would otherwise be
required to pay a copayment under the laws administered by the
Secretary.
‘‘(b) COPAYMENT FOR MEDICATIONS.—The prohibition under subsection (a) shall not apply with respect to the imposition or collection
of copayments for medications pursuant to section 1722A of this
title.
‘‘(c) MENTAL HEALTH CARE OUTPATIENT VISIT DEFINED.—In
this section, the term ‘mental health care outpatient visit’ means
an outpatient visit with a qualified mental health professional
for the primary purpose of seeking mental health care or treatment
for substance abuse disorder.
‘‘(d) SUNSET.—This section shall terminate on the date that
is five years after the date of the enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and
Health Care Improvement Act of 2022.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply with respect to mental health care outpatient visits
occurring on or after the date that is 180 days after the date
of the enactment of this Act.
Subtitle I—Other Matters
SEC. 194. REQUIREMENT FOR ONGOING INDEPENDENT ASSESSMENTS
OF HEALTH CARE DELIVERY SYSTEMS AND MANAGEMENT
PROCESSES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) ONGOING ASSESSMENTS.—Subchapter I of chapter 17 of title
38, United States Code, is amended by inserting after section 1704
the following new section:
38 USC 1704A.
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Contracts.
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‘‘§ 1704A. Independent assessments of health care delivery
systems and management processes
‘‘(a) INDEPENDENT ASSESSMENTS.—(1) Not less frequently than
once every 10 years, the Secretary shall enter into one or more
contracts with a private sector entity or entities described in subsection (d) to conduct an independent assessment of the hospital
care, medical services, and other health care furnished by the
Department.
‘‘(2) Each assessment required under paragraph (1) shall
address each of the following:
‘‘(A) Current and projected demographics and unique health
care needs of the patient population served by the Department.
‘‘(B) The accuracy of models and forecasting methods used
by the Department to project health care demand, including
with respect to veteran demographics, rates of use of health
care furnished by the Department, the inflation of health care
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
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136 STAT. 5442
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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 carerelated 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;
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PUBLIC LAW 117–328—DEC. 29, 2022
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) PROGRAM INTEGRATOR.—(1) If the Secretary enters into
contracts with more than one private sector entity under subsection
(a) with respect to a single assessment under such subsection,
the Secretary shall designate one such entity as the program integrator.
‘‘(2) The program integrator designated pursuant to paragraph
(1) shall be responsible for coordinating the outcomes of the assessments conducted by the private sector entities pursuant to such
contracts.
‘‘(f) REPORTS.—(1)(A) Not later than 60 days after completing
an assessment pursuant to subsection (a), the private sector entity
or entities carrying out such assessment shall submit to the Secretary and the Committee on Veterans’ Affairs of the Senate and
the Committee on Veterans’ Affairs of the House of Representatives
a report on the findings and recommendations of the private sector
entity or entities with respect to such assessment.
‘‘(B) Each report under subparagraph (A) with respect to an
assessment shall include an identification of the following:
‘‘(i) Any changes with respect to the matters included in
such assessment since the date that is the later of the following:
‘‘(I) The date on which the independent assessment
under section 201 of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113–146; 38 U.S.C.
1701 note) was completed.
‘‘(II) The date on which the last assessment under
subsection (a) was completed.
‘‘(ii) Any recommendations regarding matters to be covered
by subsequent assessments under subsection (a), including any
additional matters to include for assessment or previously
assessed matters to exclude.
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Contracts.
Designation.
Assessments.
Recommendations.
Recommendations.
PUBL328
136 STAT. 5444
Federal Register,
publication.
Timeline.
Costs.
38 USC
prec. 1701.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(2) Not later than 30 days after receiving a report under
paragraph (1), the Secretary shall publish such report in the Federal
Register and on a publicly accessible internet website of the Department.
‘‘(3) Not later than 90 days after receiving a report under
paragraph (1), the Secretary shall submit to the Committee on
Veterans’ Affairs of the Senate and the Committee on Veterans’
Affairs of the House of Representatives a report outlining the feasibility and advisability of implementing the recommendations made
by the private sector entity or entities in such report received,
including an identification of the timeline, cost, and any legislative
authorities necessary for such implementation.
‘‘(g) SUNSET.—The requirement to enter into contracts under
subsection (a) shall terminate on December 31, 2055.’’.
(b) CLERICAL AMENDMENTS.—The table of sections at the beginning of such subchapter is amended by inserting after the item
relating to section 1704 the following new item:
‘‘1704A. Independent assessments of health care delivery systems and management
processes.’’.
38 USC 1704A
note.
(c) DEADLINE FOR INITIAL ASSESSMENT.—The initial assessment
under section 1704A of title 38, United States Code, as added
by subsection (a), shall be completed by not later than December
31, 2025.
SEC. 195. IMPROVED TRANSPARENCY OF, ACCESS TO, AND USABILITY
OF DATA PROVIDED BY DEPARTMENT OF VETERANS
AFFAIRS.
(a) REVIEW OF TIMELINESS AND QUALITY OF CARE DATA.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall complete a review of data that is publicly available on
the Access to Care internet website of the Department of Veterans Affairs (or successor website)) (in this section referred
to as the ‘‘Website’’).
(2) ANALYSIS.—The review under paragraph (1) shall
include an analysis of the access to and usability of the publicly
available data on the Website, including a review of the availability of the following data:
(A) Any numeric indicators relating to timely care,
effective care, safety, and veteran-centered care that the
Secretary collects at medical facilities of the Department
pursuant to section 1703C of title 38, United States Code.
(B) The patient wait times information required by
subsection (a) of section 206 of the Veterans Access, Choice,
and Accountability Act of 2014 (Public Law 113–146; 128
Stat. 1780); and
(C) the patient safety, quality of care, and outcome
measures required by subsection (b) of such section 206.
(3) CONSULTATION.—In conducting the review under paragraph (1) of data described in such paragraph, the Secretary
shall consult with veterans service organizations, veterans, and
caregivers of veterans from geographically diverse areas and
representing different eras of service in the Armed Forces to
gather insights about potential modifications that could help
improve the understanding and use of such data.
(4) REPORT.—Not later than 30 days after completing the
review under paragraph (1), the Secretary shall submit to the
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PUBLIC LAW 117–328—DEC. 29, 2022
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) REQUIREMENTS OF WEBSITE.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, in addition to the requirements
of section 206(b)(4) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 128 Stat. 1781), the
Secretary shall ensure that the Website meets the following
requirements:
(A) The Website is directly accessible from—
(i) the main homepage of the publicly accessible
internet website of the Department; and
(ii) the main homepage of the publicly accessible
internet website of each medical center of the Department.
(B) Where practicable, the Website is organized and
searchable by each medical center of the Department.
(C) The Website is easily understandable and usable
by the general public.
(2) CONSULTATION AND CONTRACT AUTHORITY.—In carrying
out the requirements of paragraph (1)(C), the Secretary—
(A) shall consult with—
(i) veterans service organizations; and
(ii) veterans and caregivers of veterans from geographically diverse areas and representing different
eras of service in the Armed Forces; and
(B) may enter into a contract to design the Website
with a company, non-profit entity, or other entity specializing in website design that has substantial experience
in presenting health care data and information in a easily
understandable and usable manner to patients and consumers.
(c) ACCURACY OF DATA.—
(1) ANNUAL PROCESS.—Not later than 18 months after the
date of the enactment of this Act, the Secretary shall develop
and implement a process to annually audit a generalizable
subset of the data contained on the Website to assess the
accuracy and completeness of the data.
(2) CRITERIA.—The Secretary shall ensure that each audit
under paragraph (1)—
(A) determines the extent that the medical record
information, clinical information, data, and documentation
provided by each medical facility of the Department that
is used to calculate the information on the Website is
accurate and complete;
(B) identifies any deficiencies in the recording of medical record information, clinical information, or data by
medical facilities of the Department that affects the
accuracy and completeness of the information on the
Website; and
(C) provides recommendations to medical facilities of
the Department on how to—
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38 USC 1701
note.
Deadline.
Contracts.
Deadline.
Audit.
Determination.
Recommendations.
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136 STAT. 5446
PUBLIC LAW 117–328—DEC. 29, 2022
(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.
Determination.
Standards.
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Notice.
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(a) SHORT TITLE.—This section may be cited as the .
(b) PROCESS FOR CLOTHING ALLOWANCE CLAIMS.—Section 1162
of title 38, United States Code, is amended—
(1) by striking ‘‘The Secretary under’’ and inserting:
‘‘(a) ELIGIBILITY REQUIREMENTS.—The Secretary, under’’;
(2) in paragraph (2)—
(A) by striking ‘‘which (A) a physician’’ and inserting:
‘‘which—’’
‘‘(A) a physician’’; and
(B) by striking ‘‘, and (B) the Secretary’’ and inserting
the following: ‘‘; and
‘‘(B) the Secretary’’; and
(3) by adding at the end the following new subsections:
‘‘(b) CONTINUOUS NATURE OF PAYMENTS.—Payments made to
a veteran under subsection (a) shall continue on an automatically
recurring annual basis until the earlier of the following:
‘‘(1) The date on which the veteran elects to no longer
receive such payments.
‘‘(2) The date on which the Secretary determines the veteran is no longer eligible pursuant to subsection (c).
‘‘(c) REVIEWS OF CLAIMS.—(1) The Secretary shall, in accordance
with this subsection, conduct reviews of a claim on which a clothing
allowance for a veteran under subsection (a) is based to determine
the continued eligibility of the veteran for such allowance.
‘‘(2) The Secretary shall prescribe standards for determining
whether a claim for a clothing allowance is based on a veteran’s
wearing or use of a prosthetic, orthopedic appliance (including a
wheelchair), or medication whose wear or tear or irreparable damage on a veteran’s outergarments or clothing is as likely as not
subject to no change for the duration of such wearing or use.
‘‘(3)(A) If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance
is based on wear or tear or irreparable damage that is as likely
as not subject to no change, the veteran shall continue to be deemed
eligible for receipt of a clothing allowance under this section until
the Secretary—
‘‘(i) receives notice under subparagraph (B); or
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136 STAT. 5447
‘‘(ii) finds otherwise under subparagraph (C) or (D).
‘‘(B) The Secretary shall require a veteran who is receiving
a clothing allowance under subsection (a), based on the wearing
or use of a prosthetic, orthopedic appliance (including a wheelchair),
or medication, to notify the Secretary when the veteran terminates
the wearing or use of such a prosthetic, orthopedic appliance, or
medication.
‘‘(C) For each veteran who is receiving a clothing allowance
under subsection (a), based on the wearing or use of a prosthetic,
orthopedic appliance (including a wheelchair), or medication, the
Secretary shall periodically review the veteran’s Department records
for evidence that the veteran has terminated the wearing or use
of such a prosthetic, orthopedic appliance, or medication.
‘‘(D) If a veteran who is receiving a clothing allowance under
subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, has received
such clothing allowance beyond the prescribed or intended lifespan
of such prosthetic, orthopedic appliance, or medication, the Secretary may periodically request the veteran to attest to continued
usage.
‘‘(4) If the Secretary determines that a claim for a clothing
allowance under subsection (a) does not meet the requirements
of paragraph (3)(A), then the Secretary may require the veteran
to recertify the veteran’s continued eligibility for a clothing allowance under this section periodically, but not more frequently than
once each year.
‘‘(5) When reviewing a claim under this subsection, the Secretary shall evaluate the evidence presented by the veteran and
such other relevant evidence as the Secretary determines appropriate.
‘‘(d) DETERMINATION REGARDING CONTINUED ELIGIBILITY.—If
the Secretary determines, as the result of a review of a claim
conducted under subsection (c), that the veteran who submitted
such claim no longer meets the requirements specified in subsection
(a), the Secretary shall—
‘‘(1) provide to the veteran notice of such determination
that includes a description of applicable actions that may be
taken following the determination, including the actions specified in section 5104C of this title; and
‘‘(2) discontinue the clothing allowance based on such
claim.’’.
(c) APPLICABILITY.—The amendments made by subsection (b)
shall apply with respect to—
(1) claims for clothing allowance submitted on or after
the date of the enactment of this Act; and
(2) claims for clothing allowance submitted prior to the
date of the enactment of this Act, if the veteran who submitted
such claim is in receipt of the clothing allowance as of the
date of the enactment of this Act.
Requirement.
Notification.
Review.
Determination.
Requirement.
Certification.
Deadline.
Evaluation.
Notice.
38 USC 1162
note.
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SEC. 202. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICECONNECTED DISABILITIES WHO DIE OF COVID–19.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall secure
a medical opinion to determine if a service-connected disability
was the principal or contributory cause of death before notifying
the survivor of the final decision in any case in which all of the
following factors are met:
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Determination.
38 USC 1164
note.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) A claim for compensation is filed under chapter 13
of title 38, United States Code, with respect to a veteran
with one or more service-connected disabilities who dies.
(2) The death certificate for the veteran identifies
Coronavirus Disease 2019 (COVID–19) as the principal or
contributory cause of death.
(3) The death certificate does not clearly identify any of
the service-connected disabilities of the veteran as the principal
or contributory cause of death.
(4) A service-connected disability of the veteran includes
a condition more likely to cause severe illness from COVID–
19 as determined by the Centers for Disease Control and
Prevention.
(5) The claimant is not entitled to benefits under section
1318 of such title.
(6) The evidence to support the claim does not result in
a preliminary finding in favor of the claimant.
(b) OUTREACH.—The Secretary shall provide information to veterans, dependents, and veterans service organizations about
applying to dependency and indemnity compensation when a veteran dies from COVID–19. The Secretary shall provide such
information through the website of the Department of Veterans
Affairs and via other outreach mechanisms.
(c) ANNUAL REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, and annually thereafter for five
years, the Secretary shall submit to the Committee on Veterans’
Affairs of the Senate and the Committee on Veterans’ Affairs
of the House of Representatives a report on the effects of
the requirement to secure medical opinions pursuant to such
subsection on dependency and indemnity compensation benefits
under chapter 13 of title 38, United States Code.
(2) CONTENTS.—Each report submitted under paragraph
(1) shall include, with respect to the year for which the report
is submitted, the following:
(A) The total number of dependency and indemnity
compensation claims filed.
(B) The number and percentage of dependency and
indemnity compensation claims for which a disposition has
been made, disaggregated by whether the disposition was
a grant, denial, deferral, or withdrawal.
(C) The accuracy rate for all dependency and indemnity
compensation claims.
(D) The total number of covered claims filed.
(E) The number and percentage of covered claims for
which a disposition has been made, disaggregated by
whether the disposition was a grant, denial, deferral, or
withdrawal.
(F) The accuracy rate for covered claims.
(G) The total number and cost of medical opinions
secured by the Secretary pursuant to subsection (a).
(d) STUDY ON CLAIMS DENIED PRIOR TO ENACTMENT.—
(1) STUDY.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall complete a study
on covered claims that were denied prior to the date of the
enactment of this Act and submit to the Committee on Veterans’
Affairs of the Senate and the Committee on Veterans’ Affairs
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of the House of Representatives a report on the findings of
the Secretary with respect to such study, including a description
of any improvements made as a result of such study to trainings
of the Department of Veterans Affairs relating to dependency
and indemnity compensation claims.
(2) METHODOLOGY.—In carrying out the study under paragraph (1), the Secretary shall use a statistically valid, random
sample of covered claims.
(3) ELEMENTS.—The study under paragraph (1) shall
include, with respect to covered claims denied prior to the
date of the enactment of this Act, the following elements:
(A) A review of whether the individuals processing
such covered claims—
(i) correctly applied applicable laws, regulations,
and policies, operating procedures, and guidelines of
the Department of Veterans Affairs relating to the
adjudication of dependency and indemnity compensation claims; and
(ii) completed all necessary claim development
actions prior to making a disposition for the claim.
(B) An identification of—
(i) the total number of covered claims reviewed
under the study;
(ii) the number and percentage of such covered
claims the processing of which involved errors;
(iii) the top five claims processing errors and the
number of such covered claims the processing of which
involved any of such five errors.
(e) STUDY ON CLAIMS DENIED FOLLOWING ENACTMENT.—
(1) STUDY.—Not later than two years after the date of
the enactment of this Act, the Secretary shall complete a study
on covered claims that have been denied following the date
of the enactment of this Act and submit to the Committee
on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on
the findings of the Secretary with respect to such study,
including a description of any improvements made as a result
of such study to trainings of the Department of Veterans Affairs
relating to dependency and indemnity compensation claims.
(2) METHODOLOGY.—In carrying out the study under paragraph (1), the Secretary shall use a statistically valid, random
sample of covered claims.
(3) ELEMENTS.—The study under paragraph (1) shall
include, with respect to covered claims denied following the
date of the enactment of this Act, each of the elements specified
in subsection (d)(3).
(f) COVERED CLAIM DEFINED.—In this section, the term ‘‘covered
claim’’ means a dependency and indemnity compensation claim
filed with respect to a veteran the death certificate of whom identifies COVID–19 as the principal or contributory cause of death.
Review.
Reports.
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SEC. 203. ENHANCED LOAN UNDERWRITING METHODS.
(a) IN GENERAL.—Section 3710 of title 38, United States Code,
is amended by adding at the end the following new subsection:
‘‘(i)(1) The Secretary, in consultation with the advisory group
established under paragraph (3)(A), shall prescribe regulations and
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Regulations.
Guidance.
PUBL328
136 STAT. 5450
Evaluation.
Estimate.
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Establishment.
Reports.
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issue guidance to assist lenders in evaluating the sufficiency of
the residual income of a veteran pursuant to paragraph (2).
‘‘(2)(A) Pursuant to the regulations and guidance prescribed
under paragraph (1), in the case of a loan to a veteran to be
guaranteed under this chapter, if the veteran provides to the lender
an energy efficiency report described in subparagraph (B) —
‘‘(i) the evaluation by the lender of the sufficiency of the
residual income of the veteran shall include a consideration
of the estimate of the expected energy cost savings contained
in the report; and
‘‘(ii) the lender may apply the underwriting expertise of
the lender in adjusting the residual income of the veteran
in accordance with the information in the report.
‘‘(B) An energy efficiency report described in this subparagraph
is a report made with respect to a home for which a loan is
to be guaranteed under this chapter that includes each of the
following:
‘‘(i) An estimate of the expected energy cost savings specific
to the home, based on specific information about the home,
including savings relating to electricity or natural gas, oil,
and any other fuel regularly used to supply energy to the
home.
‘‘(ii) Any information required to be included pursuant to
the regulations and guidance and regulations prescribed by
the Secretary under paragraph (1).
‘‘(iii) Information with respect to the energy efficiency of
the home as determined pursuant to—
‘‘(I) the Residential Energy Service Network’s Home
Energy Rating System (commonly know as ‘HERS’) by an
individual certified by such Network; or
‘‘(II) an other method determined appropriate by the
Secretary, in consultation with the advisory group under
paragraph (3), including with respect to third-party quality
assurance procedures.
‘‘(3)(A) To assist the Secretary in carrying out this subsection,
the Secretary shall establish an advisory group consisting of individuals representing the interests of—
‘‘(i) mortgage lenders;
‘‘(ii) appraisers;
‘‘(iii) energy raters and residential energy consumption
experts;
‘‘(iv) energy efficiency organizations;
‘‘(v) real estate agents;
‘‘(vi) home builders and remodelers;
‘‘(vii) consumer advocates;
‘‘(viii) veterans’ service organizations; and
‘‘(ix) other persons determined appropriate by the Secretary.
‘‘(B) The advisory group established under subparagraph (A)
shall not be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
‘‘(4) The Secretary shall ensure that marketing materials that
the Secretary provides to veterans with respect to loans guaranteed
under this chapter include information regarding the use of energy
efficiency reports under this subsection.
‘‘(5) Not later than one year after the date on which the Secretary issues the regulations and guidance pursuant to paragraph
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(2), and every year thereafter, the Secretary shall submit to Congress and make publicly available a report that includes the following information for the year covered by the report:
‘‘(A) An enumeration of the number of loans guaranteed
under this chapter for which a veteran provided to the Secretary
an energy efficiency report under this subsection, including
the number of such loans for which cost savings were taken
into account pursuant to paragraph (1).
‘‘(B) Of the number of loans enumerated under subparagraph (A), an enumeration of the default rates and rates of
foreclosure, including how such enumeration compares with
the default rates and rates of foreclosure for guaranteed loans
for which no energy efficiency report is provided.’’.
(b) CLARIFICATION OF REQUIREMENTS REGARDING ENERGY EFFICIENCY STANDARDS.—Section 3704(f) of such title is amended by
striking ‘‘such standards’’ and inserting the following: ‘‘the standards established under such section 109, as in effect on the date
of such construction’’.
Public
information.
Reports.
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
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SEC. 211. NATIVE VETSUCCESS AT TRIBAL COLLEGES AND UNIVERSITIES PILOT PROGRAM.
(a) SHORT TITLE.—This section may be cited as the ‘‘Native
VetSuccess at Tribal Colleges and Universities Pilot Program Act’’.
(b) PILOT PROGRAM.—
(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall commence carrying out a pilot program to assess the
feasibility and advisability of expanding the VetSuccess on
Campus program to additional Tribal colleges and universities.
(2) DESIGNATION.—The pilot program carried out under
paragraph (1) shall be known as the ‘‘Native VetSuccess at
Tribal Colleges and Universities Pilot Program’’.
(c) DURATION.—The Secretary shall carry out the pilot program
required by subsection (b)(1) during the five-year period beginning
on the date of the commencement of the pilot program.
(d) PARAMETERS.—Under the pilot program required by subsection (b)(1) the Secretary shall—
(1) identify three regional Native VetSuccess service areas
consisting of at least two participating Tribal colleges or universities that do not already have a VetSuccess program, counselor,
or outreach coordinator; and
(2) assign to each regional Native VetSuccess service area
a VetSuccess on Campus counselor and a full-time Vet Center
outreach coordinator, both of whom shall—
(A) be based on one or more of the participating Tribal
colleges or universities in the service area; and
(B) provide for eligible students at such participating
colleges and universities with all services for which such
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Native
VetSuccess at
Tribal Colleges
and Universities
Pilot Program
Act.
38 USC 3697B
note.
Deadline.
PUBL328
136 STAT. 5452
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Notice.
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students would be eligible under the VetSuccess on Campus
program of the Department of Veterans Affairs.
(e) ELIGIBLE STUDENTS.—For purposes of the pilot program,
an eligible student is a student who is a veteran, member of
the Armed Forces, or dependent of a veteran or member of the
Armed Forces who is eligible for any service or benefit under
the VetSuccess on Campus program of the Department.
(f) CONSULTATION REQUIREMENT.—In developing the pilot program required by subsection (b)(1), the Secretary shall, acting
through the Veteran Readiness and Employment Program of the
Department of Veterans Affairs and in coordination with the Office
of Tribal Government Relations of the Department, consult with
Indian Tribes, and Tribal organizations, and seek comment from
the Advisory Committee on Tribal and Indian Affairs of the Department, and veterans service organizations regarding each of the
following:
(1) The design of the pilot program.
(2) The process for selection of the three regional Native
VetSuccess service areas and participating Tribal colleges and
universities, taking into consideration—
(A) the number of eligible students enrolled in the
college or university and in the regional service area;
(B) the capacity of the colleges and universities in
the regional service area to accommodate a full-time
VetSuccess on Campus counselor and a full-time Vet Center
outreach coordinator;
(C) barriers in specific regional service areas that prevent native veterans’ access to benefits and services under
the laws administered by the Secretary; and
(D) any other factor that the Secretary, in consultation
with Indian Tribes and Tribal organizations, and after
considering input from veterans service organizations and
the Advisory Committee on Tribal and Indian Affairs
identifies as relevant.
(3) The most effective way to provide culturally competent
outreach and services to eligible students at Tribal colleges
and universities.
(g) OUTREACH TO COLLEGES AND UNIVERSITIES.—The Secretary
shall provide notice of the pilot program to all Tribal colleges
and universities and encourage all Tribal colleges and universities
to coordinate with each other to create regional service areas to
participate in the pilot program.
(h) BRIEFINGS AND REPORTS.—
(1) IMPLEMENTATION BRIEFING.—Not later than one year
after the date of the enactment of this Act, the Secretary
shall provide the appropriate committees of Congress a briefing
on—
(A) the design, structure, and objectives of the pilot
program required by subsection (b)(1); and
(B) the three regional Native Vet Success service areas
and the Tribal colleges and universities selected for participation in the pilot program and the reason for the selection
of such service areas and such colleges and universities.
(2) REPORT.—
(A) IN GENERAL.—Not later than four years after the
date on which the Secretary commences the pilot program
under subsection (b)(1), the Secretary shall submit to the
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appropriate committees of Congress a report on the pilot
program.
(B) CONTENTS.—The report submitted under subparagraph (A) shall include each of the following:
(i) The number of eligible students provided services through the pilot program.
(ii) The types of services that eligible students
received through the pilot program.
(iii) The graduation rate of eligible students who
received services through the pilot program and
graduation rate of eligible students who did not receive
services through the pilot program.
(iv) The rate of employment within one year of
graduation for eligible students who received services
through the pilot program.
(v) Feedback from each Tribal college or university
that participated in the pilot program, including on
the regional nature of the program.
(vi) Analysis of the feasibility of expanding a
regionally based Native VetSuccess at Tribal Colleges
and Universities Program, including an explanation
of the challenges of such a model due to issues with
distance, communication, and coordination, and to the
level of unmet services.
(vii) A detailed proposal regarding a long-term
extension of the pilot program, including a budget,
unless the Secretary determines that such an extension
is not appropriate.
(i) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEE OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Committee on Veterans’ Affairs and the Committee on Indian Affairs of the Senate; and
(B) the Committee on Veterans’ Affairs and the Committee on Natural Resources of the House of Representatives.
(2) CULTURALLY COMPETENT.—The term ‘‘culturally competent’’ means considerate of the unique values, customs, traditions, cultures, and languages of Native American veterans.
(3) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘‘Tribal college or university’’ has the meaning given the term ‘‘Tribal
College or University’’ under section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).
(4) TRIBAL ORGANIZATION.—The term ‘‘Tribal organization’’
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
Analysis.
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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’’.
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136 STAT. 5454
38 USC 4102A
note.
Public
information.
Update.
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 213. WEBSITES REGARDING APPRENTICESHIP PROGRAMS.
(a) WEBSITE UNDER THE JURISDICTION OF SECRETARY OF
LABOR.—The Assistant Secretary of Labor for Veterans’ Employment and Training, in coordination with the Secretary of Veterans
Affairs, shall establish a user-friendly website (or update an existing
website) that is available to the public on which veterans can
find information about apprenticeship programs registered under
the Act of August 16, 1937 (50 Stat. 664; commonly referred to
as the ‘‘National Apprenticeship Act’’) and approved under chapters
30 through 36 of title 38, United States Code. Such information
shall be searchable and sortable by occupation and location, and
include, with regard to each such program, the following:
(1) A description, including any cost to a veteran.
(2) Contact information.
(3) Whether the program has been endorsed by a veterans
service organization or nonprofit organization that caters to
veterans.
(4) Whether the program prefers to hire veterans.
(5) Each certification or degree an individual earns by
completing the program.
(b) COORDINATION WITH OTHER WEBSITE.—The Assistant Secretary shall update all information regarding programs for veterans
listed on apprenticeship.gov (or any successor website) to include
the information specified under subsection (a).
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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
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or until there are no transferees who would not be precluded from using the transferred benefits because of
expiration of a time limitation.’’.
(b) APPLICABILITY.—Paragraph (4)(B) of section 3319(h) of title
38, United States Code, shall apply with respect to an eligible
individual who dies on or after November 1, 2018.
38 USC 3319
note.
SEC. 215. USE OF ENTITLEMENT UNDER DEPARTMENT OF VETERANS
AFFAIRS SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL
ASSISTANCE PROGRAM FOR SECONDARY SCHOOL EDUCATION.
(a) IN GENERAL.—Section 3501(a)(6) of title 38, United States
Code, is amended—
(1) by striking ‘‘secondary school,’’; and
(2) by striking ‘‘secondary school level’’ and inserting ‘‘postsecondary school level’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on August 1, 2026, and shall apply with respect
to an academic period that begins on or after that date.
38 USC 3501
note.
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.
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(a) ESTABLISHMENT.—Chapter 36 of title 38, United States
Code, amended by inserting after section 3691 the following new
section:
‘‘§ 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
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38 USC 3691A.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(2) to the extent practicable, permit the covered member,
upon completion of the period covered service, to complete
such academic term.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered education’ means a course of education—
‘‘(A) at an institution of higher education; and
‘‘(B) paid for with educational assistance furnished
under a law administered by the Secretary.
‘‘(2) The term ‘covered member’ means a member of the
Armed Forces (including the reserve components) enrolled in
covered education.
‘‘(3) The term ‘covered service’ means—
‘‘(A) active service or inactive-duty training, as such
terms are defined in section 101 of title 10; or
‘‘(B) State active duty, as defined in section 4303 of
this title.
‘‘(4) The term ‘institution concerned’ means, with respect
to a covered member, the institution of higher education where
the covered member is enrolled in covered education.
‘‘(5) The term ‘institution of higher education’ has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
‘‘(6) The term ‘period of covered service’ means the period
beginning on the date on which a covered member enters covered service and ending on the date on which the covered
member is released from covered service or dies while in covered
service.’’.
(b) CLERICAL AMENDMENT.—The table of contents at the beginning of such chapter is amended by inserting after the item relating
to section 3691 the following new item:
38 USC
prec. 3670.
‘‘3691A.Withdrawal or leave of absence from certain education.’’.
GI Bill National
Emergency
Extended
Deadline Act
of 2022.
38 USC 101 note.
Subtitle C—GI Bill National Emergency
Extended Deadline Act
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ‘‘GI Bill National Emergency
Extended Deadline Act of 2022’’.
SEC. 232. EXTENSION OF TIME LIMITATION FOR USE OF ENTITLEMENT
UNDER DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE PROGRAMS BY REASON OF
SCHOOL CLOSURES DUE TO EMERGENCY AND OTHER
SITUATIONS.
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Determination.
Time period.
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(a) MONTGOMERY GI BILL.—Section 3031 of title 38, United
States Code, is amended—
(1) in subsection (a), by inserting ‘‘and subsection (i)’’ after
‘‘through (g)’’; and
(2) by adding at the end the following new subsection:
‘‘(i)(1) In the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual’s chosen program of education before the expiration of the
10-year period for the use of entitlement under this chapter otherwise applicable under this section because of a covered reason,
as determined by the Secretary, such 10-year period—
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‘‘(A) shall not run during the period the individual is so
prevented from pursuing such program; and
‘‘(B) shall again begin running on a date determined by
the Secretary that is—
‘‘(i) not earlier than the first day after the individual
is able to resume pursuit of a program of education with
educational assistance under this chapter; and
‘‘(ii) not later than 90 days after that day.
‘‘(2) In this subsection, a covered reason is—
‘‘(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
‘‘(B) another reason that prevents the individual from pursuing the individual’s chosen program of education, as determined by the Secretary.’’.
(b) POST-9/11 EDUCATIONAL ASSISTANCE.— Section 3321(b)(1)
of such title is amended—
(1) by inserting ‘‘(A)’’ before ‘‘Subsections’’;
(2) by striking ‘‘and (d)’’ and inserting ‘‘(d), and (i)’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) Subsection (i) of section 3031 of this title shall apply
with respect to the running of the 15-year period described
in paragraphs (4)(A) and (5)(A) of this subsection in the same
manner as such subsection (i) applies under such section 3031
with respect to the running of the 10-year period described
in subsection (a) of such section.’’.
Applicability.
Time periods.
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SEC. 233. EXTENSION OF PERIOD OF ELIGIBILITY BY REASON OF
SCHOOL CLOSURES DUE TO EMERGENCY AND OTHER
SITUATIONS UNDER DEPARTMENT OF VETERANS AFFAIRS
TRAINING AND REHABILITATION PROGRAM FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES.
Section 3103 of title 38, United States Code, is amended—
(1) in subsection (a), by striking ‘‘or (g)’’ and inserting
‘‘(g), or (h)’’; and
(2) by adding at the end the following new subsection:
‘‘(h)(1) In the case of a veteran who is eligible for a vocational
rehabilitation program under this chapter and who is prevented
from participating in the vocational rehabilitation program within
the period of eligibility prescribed in subsection (a) because of
a covered reason, as determined by the Secretary, such period
of eligibility—
‘‘(A) shall not run during the period the veteran is so
prevented from participating in such program; and
‘‘(B) shall again begin running on a date determined by
the Secretary that is—
‘‘(i) not earlier than the first day after the veteran
is able to resume participation in a vocational rehabilitation
program under this chapter; and
‘‘(ii) not later than 90 days after that day.
‘‘(2) In this subsection, a covered reason is—
‘‘(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
‘‘(B) another reason that prevents the veteran from participating in the vocational rehabilitation program, as determined
by the Secretary.’’.
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Determination.
Determination.
PUBL328
136 STAT. 5458
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 234. PERIOD FOR ELIGIBILITY UNDER SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
Effective date.
(a) IN GENERAL.—Section 3512 of title 38, United States Code,
is amended—
(1) by redesignating subsection (h) as subsection (f); and
(2) by adding at the end the following new subsection:
‘‘(g) Notwithstanding any other provision of this section, the
following persons may be afforded educational assistance under
this chapter at any time after August 1, 2023, and without regard
to the age of the person:
‘‘(1) A person who first becomes an eligible person on or
after August 1, 2023.
‘‘(2) A person who—
‘‘(A) first becomes an eligible person before August
1, 2023; and
‘‘(B) becomes 18 years of age, or completes secondary
schooling, on or after August 1, 2023.’’.
(b) CONFORMING AMENDMENTS.—Such section is further
amended—
(1) in subsection (a), by striking ‘‘The educational’’ and
inserting ‘‘Except as provided in subsection (g), the educational’’;
(2) in subsection (b)—
(A) in paragraph (1)(A), by inserting ‘‘subsection (g)
or’’ after ‘‘provided in’’; and
(B) in paragraph (2), by striking ‘‘Notwithstanding’’
and inserting ‘‘Except as provided in subsection (g), notwithstanding’’; and
(3) in subsection (e), by striking ‘‘No person’’ and inserting
‘‘Except as provided in subsection (g), no person’’.
Subtitle D—Rural Veterans Travel
Enhancement
SEC. 241. COMPTROLLER GENERAL OF THE UNITED STATES REPORT
ON FRAUD, WASTE, AND ABUSE OF THE DEPARTMENT OF
VETERANS AFFAIRS BENEFICIARY TRAVEL PROGRAM.
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(a) STUDY AND REPORT REQUIRED.—Not later than three years
after the date of the enactment of this Act, the Comptroller General
of the United States shall—
(1) complete a study on fraud, waste, and abuse of the
benefits furnished under section 111 of title 38, United States
Code, that may have occurred during the five-year period
ending on the date of the enactment of this Act; and
(2) submit to the Committee on Veterans’ Affairs of the
Senate and the Committee on Veterans’ Affairs of the House
of Representatives a report on the findings of the Comptroller
General with respect to the study completed under paragraph
(1).
(b) ELEMENTS.—Study conducted under subsection (a)(1) shall
cover the following:
(1) The quantity and monetary amount of claims that have
been adjudicated as fraudulent or improper, disaggregated, to
the extent possible, by general health care travel and by special
mode of transportation.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) Assessment of communication and training provided
by the Department of Veterans Affairs to employees and contractors handling claims filed under section 111 of such title
regarding fraud.
(5) Such recommendations as the Comptroller General may
have for further mitigation of fraud, waste, and abuse.
SEC.
242.
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Recommendations.
COMPTROLLER GENERAL STUDY AND REPORT ON
EFFECTIVENESS OF DEPARTMENT OF VETERANS AFFAIRS
BENEFICIARY TRAVEL PROGRAM MILEAGE REIMBURSEMENT AND DEDUCTIBLE AMOUNTS.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall—
(1) complete a study on—
(A) the efficacy of the current mileage reimbursement
rate under subsection (a) of section 111 of title 38, United
States Code, in mitigating the financial burden of transportation costs for traveling to and from Department of Veterans Affairs medical facilities for medical care;
(B) the origins of the amount of the deductible under
subsection (c) of such section and its impact on the efficacy
of the benefits provided under such section in mitigating
financial burden on veterans seeking medical care; and
(C) developing such recommendations as the Comptroller General may have for how this program or another
transportation assistance program could further encourage
veterans, especially low-income veterans, to seek medical
care, especially mental health care; and
(2) submit to the Committee on Veterans’ Affairs of the
Senate and the Committee on Veterans’ Affairs of the House
of Representatives a report on the findings of the Comptroller
General with respect to the study completed under paragraph
(1).
VerDate Sep 11 2014
Assessment.
Recommendations.
SEC. 243. DEPARTMENT OF VETERANS AFFAIRS TRANSPORTATION
PILOT PROGRAM FOR LOW INCOME VETERANS.
38 USC 111 note.
(a) PILOT PROGRAM REQUIRED.—Not later than one year after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall commence carrying out a pilot program to assess
the feasibility and advisability of providing payments authorized
under subsection (a) of section 111 of title 38, United States Code,
48 hours in advance of travel to eligible appointments to veterans
and other eligible individuals who are also eligible for a deduction
waiver as provided by paragraphs (3) and (4) of subsection (c)
of such section.
(b) DURATION.—The Secretary shall carry out the pilot program
during the five-year period beginning on the date of the commencement of the pilot program.
(c) LOCATIONS.—The Secretary shall carry out the pilot program
at not fewer than five locations selected by the Secretary for purposes of the pilot program.
(d) REPORT.—
Deadline.
Assessment.
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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) Recommendations of the Secretary for legislative
or administrative action to reduce improper payments.
(G) An assessment of the feasibility and advisability
of providing payments as described in subsection (a).
Recommendations.
Assessment.
38 USC 111 note.
SEC. 244. PILOT PROGRAM FOR TRAVEL COST REIMBURSEMENT FOR
ACCESSING READJUSTMENT COUNSELING SERVICES.
Deadline.
(a) PILOT PROGRAM REQUIRED.—Not later than 270 days after
the date of the enactment of this Act, the Secretary shall establish
and commence a pilot program, within the Readjustment Counseling
Services of the Veterans Health Administration, to assess the feasibility and advisability of providing payment to cover or offset financial difficulties of an individual in accessing or using transportation
to and from the nearest Vet Center service site providing the
necessary readjustment counseling services for the individual’s plan
of service.
(b) PARTICIPATION.—
(1) IN GENERAL.—In carrying out the pilot program required
by subsection (a), the Secretary shall limit participation—
(A) by individuals pursuant to paragraph (2); and
(B) by Vet Centers pursuant to paragraph (3).
(2) PARTICIPATION BY INDIVIDUALS.—
(A) IN GENERAL.—The Secretary shall limit participation in the pilot program to individuals who are eligible
for services at a participating Vet Center and experiencing
financial hardship.
(B) FINANCIAL HARDSHIP.—The Secretary shall determine the meaning of ‘‘financial hardship’’ for purposes of
subparagraph (A).
(3) PARTICIPATION OF VET CENTERS.—Vet Centers participating in the program shall be chosen by the Secretary from
among those serving individuals in areas designated by the
Secretary as rural or highly rural or Tribal lands.
(c) TRAVEL ALLOWANCES AND REIMBURSEMENTS.—Under the
pilot program required by subsection (a), the Secretary shall provide
a participating individual a travel allowance or reimbursement
at the earliest time practicable, but not later than 10 business
days after the date of the appointment.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) An assessment of the potential for fraudulent
receipt of payment under the pilot program and the recommendations of the Secretary for legislative or administrative action to reduce such fraud.
(H) Such recommendations for legislative or administrative action as the Secretary considers appropriate with
respect to the payment of expenses or allowances.
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Assessment.
Recommendations.
PUBL328
136 STAT. 5462
PUBLIC LAW 117–328—DEC. 29, 2022
(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.
VA Beneficiary
Debt Collection
Improvement Act
of 2022.
38 USC 101 note.
Subtitle E—VA Beneficiary Debt Collection
Improvement Act
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ‘‘VA Beneficiary Debt Collection Improvement Act of 2022’’.
SEC. 252. PROHIBITION OF DEBT ARISING FROM OVERPAYMENT DUE
TO DELAY IN PROCESSING BY THE DEPARTMENT OF VETERANS AFFAIRS.
(a) BAR TO RECOVERY.—
(1) IN GENERAL.—Chapter 53 of title 38, United States
Code, is amended by inserting after section 5302A the following
new section:
38 USC 5302B.
Determination.
Notice.
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Determination.
VerDate Sep 11 2014
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‘‘§ 5302B. Prohibition of debt arising from overpayment due
to delay in processing
‘‘(a) LIMITATION.—(1) Except as provided in paragraph (2), no
individual may incur a debt to the United States that—
‘‘(A) arises from the participation of the individual in a
program or benefit administered by the Under Secretary for
Benefits; and
‘‘(B) is attributable to the failure of an employee or official
of the Department to process information provided by or on
behalf of that individual within applicable timeliness standards
established by the Secretary.
‘‘(2) Nothing in this section shall be construed to affect the
penal and forfeiture provisions for fiduciaries set forth in chapter
61 of this title.
‘‘(b) NOTICE.—(1) If the Secretary determines that the Secretary
has made an overpayment to an individual, the Secretary shall
provide notice to the individual of the overpayment.
‘‘(2) Notice under paragraph (1) shall include a detailed explanation of the right of the individual—
‘‘(A) to dispute the overpayment, including a detailed explanation of the process by which to dispute the overpayment;
or
‘‘(B) to request a waiver of indebtedness.
‘‘(c) DELAY ON COLLECTION.—(1) Subject to paragraph (2), the
Secretary may not take any action under section 3711 of title
31 regarding an overpayment described in a notice under subsection
(b) of this section until the date that is 90 days after the date
the Secretary issues such notice.
‘‘(2) The Secretary may take action under section 3711 of title
31 regarding an overpayment described in a notice under subsection
(b) of this section before the date that is 90 days after the date
the Secretary issues such notice if the Secretary determines that
delaying such action is—
‘‘(A) likely to make repayment of such overpayment more
difficult for an individual;
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PUBLIC LAW 117–328—DEC. 29, 2022
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 is amended by inserting after the
item relating to section 5302A the following new item:
38 USC
prec. 5301.
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‘‘5302B. Prohibition of debt arising from overpayment due to delay in processing.’’.
(3) DEADLINE.—The Secretary of Veterans Affairs shall prescribe regulations to establish standards under section
5302B(a)(2) of such title, as added by subsection (a), not later
than 180 days after the date of the enactment of this Act.
(b) PLAN FOR IMPROVED NOTIFICATION AND COMMUNICATION
OF DEBTS.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, and one year thereafter, the
Secretary of Veterans Affairs shall provide the Committee on
Veterans’ Affairs of the Senate and the Committee on Veterans’
Affairs of the House of representatives a briefing and submit
to such committees a report on the improvement of the notification of and communication with individuals who receive overpayments made by the Secretary.
(2) CONTENTS.—Each report under paragraph (1) shall
include each of the following:
(A) The plan of the Secretary to carry out each of
the following:
(i) The development and implementation of a
mechanism by which individuals enrolled in the patient
enrollment system under section 1705 of title 38,
United States Code, may view their monthly patient
medical statements electronically.
(ii) The development and implementation of a
mechanism by which individuals eligible for benefits
under the laws administered by the Secretary may
receive electronic correspondence relating to debt and
overpayment information.
(iii) The development and implementation of a
mechanism by which individuals eligible for benefits
under the laws administered by the Secretary may
access information related to Department of Veterans
Affairs debt electronically.
(iv) The improvement and clarification of Department communications relating to overpayments and
debt collection, including letters and electronic correspondence and including information relating to the
most common reasons individuals eligible for benefits
under the laws administered by the Secretary incur
debts to the United States and the process for
requesting a waiver of such debt. The Secretary shall
develop such improvements and clarifications in consultation with veterans service organizations, labor
organizations that represent employees of the Department, other relevant nongovernmental organizations,
the Committee on Veterans’ Affairs of the Senate, and
the Committee on Veterans’ Affairs of the House of
Representatives.
(B) A description of the current efforts and plans for
improving the accuracy of payments to individuals entitled
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Regulations.
38 USC 5302B
note.
Deadline.
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136 STAT. 5464
PUBLIC LAW 117–328—DEC. 29, 2022
to benefits under the laws administered by the Secretary,
including specific data matching agreements.
(C) A description of steps to be taken to improve the
identification of underpayments to such individuals and
to improve Department procedures and policies to ensure
that such individuals who are underpaid receive adequate
compensation payments.
(D) A list of actions completed, implementation steps,
and timetables for each requirement described in subparagraphs (A) through (C).
(E) A description of any new legislative authority
required to complete any such requirement.
List.
SEC. 253. PROHIBITION ON DEPARTMENT OF VETERANS AFFAIRS
INTEREST AND ADMINISTRATIVE COST CHARGES FOR
DEBTS RELATING TO CERTAIN BENEFITS PROGRAMS.
(a) IN GENERAL.—Section 5315(a)(1) of title 38, United States
Code, is amended—
(1) by striking ‘‘other than a loan’’ and all that follows
through the semicolon and inserting ‘‘other than—’’; and
(2) by adding at the end the following new subparagraphs:
‘‘(A) a loan, loan-guaranty, or loan-insurance program;
‘‘(B) a disability compensation program;
‘‘(C) a pension program; or
‘‘(D) an educational assistance program.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply with respect to an indebtedness that occurs on
or after the date of the enactment of this Act.
38 USC 5315
note.
SEC. 254. EXTENSION OF WINDOW TO REQUEST RELIEF FROM
RECOVERY OF DEBT ARISING UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) IN GENERAL.—Section 5302(a) of title 38, United States
Code, is amended by striking ‘‘180 days’’ and inserting ‘‘one year’’.
(b) EFFECTIVE DATE.—Subsection (a) shall take effect on the
date that is two years after the date of the enactment of this
Act.
38 USC 5302
note.
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:
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38 USC 5314A.
Regulations.
VerDate Sep 11 2014
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‘‘§ 5314A. Dispute of indebtedness
‘‘(a) ESTABLISHMENT.—The Secretary shall prescribe regulations
that establish an administrative process for the dispute of the
existence or amount of an indebtedness described in section
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PUBLIC LAW 117–328—DEC. 29, 2022
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) EXISTING ADMINISTRATIVE PROCESS.—The Secretary of
Veterans Affairs shall carry out section 5314A of such title,
as added by paragraph (1), by improving the administrative
process of the Department of Veterans Affairs for the dispute
of the existing or amount of an indebtedness that was in
effect on the day before the date of the enactment of this
Act.
(3) IMPROVEMENTS TO DEPARTMENT WEBSITE AND
NOTICES.—In carrying out paragraph (2), the Secretary shall—
(A) improve the website of the Department; and
(B) ensure that such website and written notices sent
to a person about indebtedness described in section 5314(a)
of title 38, United States Code, contain all information
a person needs to dispute such an indebtedness, including
a description of—
(i) the specific actions the person will need to
take in order to dispute the indebtedness;
(ii) the documentation that will be required for
the dispute; and
(iii) how the documentation is to be submitted.
(4) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5314 the following new item:
38 USC 5314A
note.
38 USC
prec. 5301.
‘‘5314A. Dispute of indebtedness.’’.
(c) LIMITATION ON AUTHORITY TO RECOVER DEBTS.—Section
5302(a) of title 38, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘There’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The Secretary may not seek to recover an indebtedness
described in paragraph (1) if the Secretary determines that the
cost to the Department to recover such indebtedness, as determined
when the debt is established, would exceed the amount of the
indebtedness.’’.
Determination.
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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.—
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136 STAT. 5466
PUBLIC LAW 117–328—DEC. 29, 2022
(1) IN GENERAL.—Section 2011(c) of title 38, United States
Codes, is amended—
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(2) APPLICABILITY.—The amendments made by paragraph
(1) shall apply with respect to any grant awarded under section
2011 of title 38, United States Code, on or after the date
of the enactment of this Act.
(3) DETERMINATION OF AMOUNT OF GRANT.—On or after
the date that is five years after the date of the enactment
of this Act, the Secretary of Veterans Affairs may determine
the maximum amount of a grant under section 2011 of title
38, United States Code, which shall be not less than 70 percent
of the estimated cost of the project concerned.
(4) SUNSET.—Section 4201(b)(2) of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116–315; 134 Stat. 5009;
38 U.S.C. 2011 note) is amended—
(A) by striking ‘‘Subsection (c)(2)’’ and inserting the
following:
‘‘(A) IN GENERAL.—Subsection (c)(2)’’; and
(B) by adding at the end the following new subparagraph:
‘‘(B) SUNSET.—Subparagraph (A) shall cease to be effective on the date of the enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.’’.
(b) ELIMINATION OF PROPERTY DISPOSITION REQUIREMENTS.—
(1) IN GENERAL.—A recipient of a grant awarded under
section 2011 of title 38, United States Code, on or after the
date of the enactment of this Act for a project described in
subsection (b)(1) of such section shall not be subject to any
real property or equipment disposition requirements relating
to the grant under section 61.67 of title 38, Code of Federal
Regulations, sections 200.311(c) and 200.313(e) of title 2, Code
of Federal Regulations, or successor regulations.
(2) SUNSET.—Section 4201(b)(6) of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116–315; 134 Stat. 5010;
38 U.S.C. 2011 note) is amended—
(A) by striking ‘‘During’’ and inserting the following:
‘‘(A) IN GENERAL.—During’’; and
(B) by adding at the end the following new subparagraph:
‘‘(B) SUNSET.—Subparagraph (A) shall cease to be effective on the date of the enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.’’.
38 USC 2011
note.
Effective date.
38 USC 2011
note.
38 USC 2011
note.
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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:
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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) 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.’’.
Requirement.
Reports.
SEC. 303. MODIFICATIONS TO HOMELESS VETERANS REINTEGRATION
PROGRAMS.
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(a) IN GENERAL.—Section 2021 of title 38, United States Code,
is amended to read as follows:
‘‘§ 2021. Homeless veterans reintegration programs
‘‘(a) IN GENERAL.—Subject to the availability of appropriations
provided for such purpose, the Secretary of Labor shall conduct,
directly or through grant or contract, such programs as that Secretary determines appropriate to provide job training, counseling,
and placement services (including job readiness and literacy and
skills training) to expedite the reintegration into the labor force
of—
‘‘(1) homeless veterans, including—
‘‘(A) veterans who were homeless but found housing
during the 60-day period preceding the date on which the
veteran begins to participate in a program under this section; and
‘‘(B) veterans who are at risk of homelessness during
the 60-day period beginning on the date on which the
veteran begins to participate in a program under this section;
‘‘(2) veterans participating in the Department of Housing
and Urban Development-Department of Veterans Affairs supported housing program for which rental assistance is provided
pursuant to section 8(o)(19) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(19)) or the Tribal HUD-VA Supportive Housing (Tribal HUD-VASH) program;
‘‘(3) Indians who are veterans and receiving assistance
under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.);
‘‘(4) veterans described in section 2023(d) of this title or
any other veterans who are transitioning from being incarcerated; and
‘‘(5) veterans participating in the Department of Veterans
Affairs rapid rehousing and prevention program authorized
in section 2044 of this title.
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Contracts.
Time period.
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Time period.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(b) GRANTS.—(1) In awarding grants for purposes of conducting
programs described in subsection (a), the Secretary of Labor shall,
to the maximum extent practicable, consider applications for
fundable grants from entities in all States.
‘‘(2) In each State in which no entity has been awarded a
grant described in paragraph (1) as of the date of the enactment
of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, the
Secretary of Labor shall, in coordination with the Director of Veterans’ Employment and Training in the State, organize and conduct
an outreach and education program to ensure communities are
aware of the programs conducted under this section and the benefits
of the programs.
‘‘(c) TRAINING AND TECHNICAL ASSISTANCE.—(1) The Secretary
of Labor shall provide training and technical assistance to entities
seeking a grant or contract under this section and recipients of
a grant or contract under this section regarding the planning,
development, and provision of services for which the grant or contract is awarded, including before and during the grant application
or contract award period.
‘‘(2) The training and technical assistance provided under paragraph (1) shall include outreach and assistance specifically designed
for entities serving regions and populations underserved by the
programs conducted under this section.
‘‘(3) The Secretary of Labor may provide training and technical
assistance under paragraph (1) directly or through grants or contracts with such public or nonprofit private entities as that Secretary considers appropriate.
‘‘(d) REQUIREMENT TO MONITOR EXPENDITURES OF FUNDS.—
(1) The Secretary of Labor shall collect such information as that
Secretary considers appropriate to monitor and evaluate the distribution and expenditure of funds appropriated to carry out this
section.
‘‘(2) Information collected under paragraph (1) shall include
data with respect to the results or outcomes of the services provided
to each homeless veteran under this section.
‘‘(3) Information collected under paragraph (1) shall be furnished in such form and manner as the Secretary of Labor may
specify.
‘‘(e) ADMINISTRATION THROUGH ASSISTANT SECRETARY OF LABOR
FOR VETERANS’ EMPLOYMENT AND TRAINING.—The Secretary of
Labor shall carry out this section through the Assistant Secretary
of Labor for Veterans’ Employment and Training.
‘‘(f) PROVISION OF SERVICES TO VETERANS IN CERTAIN INSTITUTIONS.—(1) The Attorney General of the United States shall permit
a recipient of a grant or contract under this section or section
2023 of this title to provide services under this section or section
2023 of this title to any veteran described in subsection (a)(4)
who is residing in a penal institution under the jurisdiction of
the Bureau of Prisons.
‘‘(2) The recipient of a grant or contract under this section
may provide to officials of an institution described in paragraph
(1) information regarding the services provided to veterans under
this section and section 2023 of this title during the 18-month
period preceding the release or discharge of a veteran from the
institution.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) include data on the number of veterans receiving services under this section who are eligible for health care and
benefits provided by the Department of Veterans Affairs.
‘‘(h) REPORTS TO CONGRESS.—(1) Not less frequently than every
two years, the Secretary of Labor shall submit to Congress a report
on the programs conducted under this section. The Secretary of
Labor shall include in the report the following:
‘‘(A) An evaluation of services furnished to veterans under
this section.
‘‘(B) An analysis of the information collected under subsection (d).
‘‘(C) An identification of—
‘‘(i) the total number of applications for grants under
this section that the Secretary of Labor received during
the fiscal year preceding the date on which the report
is submitted; and
‘‘(ii) the number of such applications that were denied.
‘‘(D) With respect to each State in which no entity was
awarded a grant under this section during the fiscal year
preceding the date on which the report is submitted—
‘‘(i) an identification of the top five reasons why entities
that applied for such a grant were not awarded the grant;
and
‘‘(ii) information regarding the specific criteria used
to score the applications and an explanation of if, how,
or why such criteria differed from the previous fiscal year.
‘‘(2) Not later than 180 days after the end of the program
year that begins after the date of the enactment of the Joseph
Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, and not later
than 120 days after the end of each program year thereafter,
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Evaluation.
Analysis.
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Data.
Time periods.
PUBLIC LAW 117–328—DEC. 29, 2022
the Secretary of Labor shall submit to the Committee on Veterans’
Affairs of the Senate and the Committee on Veterans’ Affairs of
the House of Representatives a report setting forth the following:
‘‘(A) Data obtained from the reports submitted under subsection (g), disaggregated by geographic location.
‘‘(B) The number of grants and contracts not awarded under
this section due to insufficient funds.
‘‘(C) The number of returning recipients of grants or contracts that were and were not awarded grants or contracts
under this section during the most recent application cycle.
‘‘(D) The number of applications received from entities in
States in which no entities received a grant or contract under
this section.
‘‘(E) The number of veterans who were admitted to a program conducted under this section but not placed in a job
following participation in such program, disaggregated by
geographic location, age, sex, and race or ethnicity.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated to carry out this section amounts as follows:
‘‘(A) $50,000,000 for fiscal year 2002.
‘‘(B) $50,000,000 for fiscal year 2003.
‘‘(C) $50,000,000 for fiscal year 2004.
‘‘(D) $50,000,000 for fiscal year 2005.
‘‘(E) $50,000,000 for fiscal year 2006.
‘‘(F) $50,000,000 for each of fiscal years 2007 through 2023.
‘‘(G) $60,000,000 for fiscal year 2024 and each fiscal year
thereafter.
‘‘(2) Funds appropriated to carry out this section shall remain
available until expended. Funds obligated in any fiscal year to
carry out this section may be expended in that fiscal year and
the succeeding fiscal year.’’.
(b) CONFORMING AMENDMENT.—Section 2021A(e) of title 38,
United States Code, is amended by striking ‘‘section 2021(d)’’ and
inserting ‘‘section 2021(h)(1)’’.
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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
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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.
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(a) SUPPORTIVE SERVICES FOR VERY LOW-INCOME FAMILIES IN
PERMANENT HOUSING.—Section 2044(e) of title 38, United States
Code, is amended—
(1) by striking paragraphs (2) and (3); and
(2) by striking ‘‘(1) From amounts’’ and inserting ‘‘From
amounts’’.
(b) COMPREHENSIVE SERVICE PROGRAMS.—
(1) IN GENERAL.—Subchapter II of chapter 20 of title 38,
United States Code, is amended—
(A) by redesignating section 2014 as section 2016; and
(B) by inserting after section 2013 the following new
sections 2014 and 2015:
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38 USC 2014,
2016.
‘‘§ 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.
38 USC 2014.
‘‘§ 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
38 USC 2015.
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Effective date.
38 USC 2014
note.
38 USC
prec. 2001.
PUBLIC LAW 117–328—DEC. 29, 2022
through grants or contracts with such public or nonprofit private
entities as the Secretary considers appropriate.’’.
(2) USE OF AMOUNTS.—The Secretary of Veterans Affairs
shall provide training and technical assistance under sections
2014 and 2015 of such title, as inserted by paragraph (1)(B),
using amounts appropriated or otherwise made available to
the Department of Veterans Affairs on or after the date of
the enactment of this Act.
(3) CONFORMING AMENDMENT.—Section 20013(a) of the
Coronavirus Aid, Relief, and Economic Security Act (38 U.S.C.
2011 note) is amended by striking ‘‘2014’’ and inserting ‘‘2016’’.
(4) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 20 of such title is amended by striking
the item relating to section 2014 and inserting the following
new items:
‘‘2014. Training and technical assistance for recipients of certain financial assistance.
‘‘2015. Training and technical assistance for entities regarding services provided to
veterans at risk of, experiencing, or transitioning out of homelessness.
‘‘2016. Authorization of appropriations.’’.
SEC. 306. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR ENTITIES COLLABORATING WITH THE SECRETARY OF VETERANS AFFAIRS TO PROVIDE CASE MANAGEMENT SERVICES TO HOMELESS VETERANS IN THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT-DEPARTMENT OF
VETERANS AFFAIRS SUPPORTED HOUSING PROGRAM.
Section 304(c)(2)(A) of the Honoring America’s Veterans and
Caring for Camp Lejeune Families Act of 2012 (38 U.S.C. 2041
note) is amended—
(1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
‘‘(B) providing case management services to veterans
for obtaining suitable housing at varying locations nationwide or in the area or areas similar to where the services
will be provided under the relevant contract or agreement;’’.
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38 USC 2041
note.
SEC. 307. DEPARTMENT OF VETERANS AFFAIRS SHARING OF INFORMATION RELATING TO COORDINATED ENTRY PROCESSES
FOR HOUSING AND SERVICES OPERATED UNDER DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTINUUM OF CARE PROGRAM.
(a) IN GENERAL.—The Under Secretary for Health of the
Department of Veterans Affairs shall—
(1) provide to staff of medical centers of the Department
of Veterans Affairs and homelessness service providers of the
Department the information described in subsection (b); and
(2) ensure that such information, and other resources the
Under Secretary determines are appropriate, are accessible to
such staff and providers.
(b) INFORMATION DESCRIBED.—The information described in
this subsection is information related to best practices with respect
to the collaboration between medical centers of the Department
of Veterans Affairs, homelessness service providers of the Department, and local partners (including local offices of the Department
of Housing and Urban Development or public housing agencies,
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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. DEPARTMENT OF VETERANS AFFAIRS COMMUNICATION
WITH EMPLOYEES RESPONSIBLE FOR HOMELESSNESS
ASSISTANCE PROGRAMS.
38 USC 701 note.
The Under Secretary for Health of the Department of Veterans
Affairs shall clearly communicate with employees of the Department
of Veterans Affairs whose responsibilities are related to homelessness assistance programs regarding—
(1) the measurement of performance of such programs by
the Homeless Programs Office of the Department; and
(2) how to obtain and provide feedback about performance
measures.
SEC. 309. SYSTEM FOR SHARING AND REPORTING DATA.
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(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.
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38 USC 2041
note.
SEC. 310. PILOT PROGRAM ON GRANTS FOR HEALTH CARE FOR HOMELESS VETERANS.
38 USC 2061
note.
(a) PILOT PROGRAM REQUIRED.—Not later than one year after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall commence carrying out a pilot program to assess
the feasibility and advisability of awarding grants to eligible entities
to meet the health care needs of—
(1) veterans who are homeless;
(2) veterans who were previously homeless and are
transitioning to permanent housing; and
(3) veterans who are at risk of becoming homeless.
(b) LOCATIONS.—The Secretary shall carry out the pilot program
at not fewer than five locations selected by the Secretary for purposes of the pilot program.
(c) AWARD OF GRANTS.—
(1) IN GENERAL.—In carrying out the pilot program, the
Secretary shall award grants to eligible entities for the purpose
described in subsection (a).
(2) ELIGIBLE ENTITIES.—For purposes of this section, an
eligible entity is any entity that is providing transitional
housing services to veterans as of the date on which the entity
applies for a grant under this section.
(3) PREFERENCE.—In awarding grants under this section,
the Secretary shall give preference to eligible entities that
are recipients of grants under sections 2012 and 2061 of title
Deadline.
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PUBLIC LAW 117–328—DEC. 29, 2022
38, United States Code, as of the date on which the entity
applies for a grant under this section.
(4) EQUITABLE DISTRIBUTION; PRIORITIZATION.—
(A) EQUITABLE DISTRIBUTION.—The Secretary shall
ensure that, to the extent practicable, grant amounts
awarded under paragraph (1) are equitably distributed
among eligible entities across geographic regions.
(B) PRIORITIZATION.—In awarding grants under this
section, and in compliance with paragraphs (2) and (3),
the Secretary may prioritize eligible entities located—
(i) in rural communities;
(ii) on Tribal lands; and
(iii) in areas where there is a significant population
of veterans aged 55 years old and older.
(5) INTERVALS OF PAYMENT AND MAXIMUM GRANT AMOUNT.—
The Secretary may establish intervals of payment for the
administration of grants under this section and a maximum
grant amount to be awarded, in accordance with the services
being provided by staff hired using grant amounts and the
duration of such services.
(d) USE OF GRANT AMOUNTS.—The recipient of a grant under
the pilot program—
(1) shall use grant amounts for the hiring of appropriately
qualified medical staff to care for veterans described in subsection (a) who require assistance with activities of daily living
or need consistent medical attention and monitoring; and
(2) may use such amounts for supplies, administrative support, and infrastructure needs associated with the duties of
such staff and the needs of such veterans.
(e) REQUIREMENTS FOR RECEIPT OF GRANTS.—
(1) NOTIFICATION THAT SERVICES ARE FROM DEPARTMENT.—
Each entity receiving a grant under this section shall notify
the recipients of services provided pursuant to grant amounts
that such services are being paid for, in whole or in part,
by the Department.
(2) COORDINATION.—An entity receiving a grant under this
section shall—
(A) coordinate with the Secretary with respect to the
provision of clinical services to eligible individuals or any
other provisions of the law regarding the delivery of health
care by the Secretary;
(B) inform each veteran who receives assistance under
this section from the entity of the ability of the veteran
to apply for enrollment in the patient enrollment system
of the Department under section 1705(a) of title 38, United
States Code; and
(C) if such a veteran wishes to so enroll, inform the
veteran of a point of contact at the Department who can
assist the veteran in such enrollment.
(f) REPORT ON SERVICES PROVIDED.—The Secretary shall
require each eligible entity awarded a grant under this section
to submit to the Secretary a report that describes the services
provided or coordinated with amounts under such grant.
(g) DURATION.—The Secretary shall carry out the pilot program
during the five-year period beginning on the date on which the
pilot program commences.
(h) REPORTS TO CONGRESS.—
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(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.
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SEC. 311. PILOT PROGRAM ON AWARD OF GRANTS FOR SUBSTANCE
USE DISORDER RECOVERY FOR HOMELESS VETERANS.
38 USC 1720A
note.
(a) PILOT PROGRAM REQUIRED.—Not later than 270 days after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall commence carrying out a pilot program under which
the Secretary shall award grants to eligible entities for the provision
or coordination of services for recovery from substance use disorder
for veterans who are homeless, were previously homeless and are
transitioning to permanent housing, or are at risk of becoming
homeless.
(b) DURATION.—The Secretary shall carry out the pilot program
during the five-year period beginning on the date of the commencement of the pilot program.
(c) LOCATIONS.—The Secretary shall carry out the pilot program
at not fewer than five locations selected by the Secretary for purposes of the pilot program.
(d) AWARD OF GRANTS.—
(1) IN GENERAL.—In carrying out the pilot program, the
Secretary shall award a grant to an eligible entity for each
veteran with substance use disorder participating in the pilot
program for which the eligible entity is providing or coordinating the provision of recovery services for substance use
disorder under the pilot program.
(2) INTERVALS OF PAYMENT AND MAXIMUM AMOUNTS.—The
Secretary may establish intervals of payment for the administration of grants under this section and a maximum amount
to be awarded, in accordance with the services being provided
and the duration of such services.
Deadline.
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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) REPORT ON SERVICES PROVIDED.—The Secretary shall
require each eligible entity awarded a grant under paragraph
(1) to submit to the Secretary a report that describes the
services provided or coordinated with amounts under such
grant.
(e) REQUIREMENTS FOR RECEIPT OF GRANTS.—
(1) NOTIFICATION THAT SERVICES ARE FROM DEPARTMENT.—
Each entity receiving a grant under this section shall notify
the recipients of services provided pursuant to grant amounts
that such services are being paid for, in whole or in part,
by the Department.
(2) COORDINATION.—An entity receiving a grant under this
section shall—
(A) coordinate with the Secretary with respect to the
provision of clinical services to eligible individuals or any
other provisions of law regarding the delivery of health
care by the Secretary;
(B) inform each veteran who receives assistance under
this section from the entity of the ability of the veteran
to apply for enrollment in the patient enrollment system
of the Department under section 1705(a) of title 38, United
States Code; and
(C) if such a veteran wishes to so enroll, inform the
veteran of a point of contact at the Department who can
assist the veteran in such enrollment.
(f) GRANT APPLICATION.—
(1) IN GENERAL.—An eligible entity seeking the award of
a grant under this section shall submit to the Secretary an
application therefor in such form, in such manner, and containing such commitments and information as the Secretary
considers necessary to carry out this section.
(2) CONTENTS OF APPLICATION.—Each application submitted
by an eligible entity under paragraph (1) shall contain the
following:
(A) A description of the recovery services for substance
use disorder proposed to be provided by the eligible entity
under the pilot program and the identified need for those
services.
(B) A description of the types of veterans with substance use disorder proposed to be provided such recovery
services.
(C) An estimate of the number of veterans with substance use disorder proposed to be provided such recovery
services.
(D) Evidence of the experience of the eligible entity
in providing such recovery services to veterans with substance use disorder.
Requirement.
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PUBLIC LAW 117–328—DEC. 29, 2022
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).
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136 STAT. 5478
PUBLIC LAW 117–328—DEC. 29, 2022
(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)).
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PUBLIC LAW 117–328—DEC. 29, 2022
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) CONTENTS.—The report required by subsection (a) shall
include, with respect to the one-year period preceding the date
of the enactment of this Act, the following:
(1) The number of veterans using housing vouchers under
the program carried out under section 8(o)(19) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly
referred to as ‘‘HUD–VASH’’).
(2) The number of veterans who were allocated a housing
voucher described in paragraph (1) but who have been unable
to attain permanent housing.
(3) The number of available housing vouchers described
in paragraph (1) that are unused for any reason.
(4) Available data regarding the number of veterans who
were discharged from transitional housing provided using
amounts provided under sections 2061 and 2012 of title 38,
United States Code, and did not transition to permanent
housing due to a shortage of—
(A) case managers under the program described in
paragraph (1);
(B) housing vouchers described in such paragraph; or
(C) housing that meets the requirements and limitations with respect to such vouchers.
(c) DISAGGREGATION.—The contents of the report described in
paragraphs (1), (2), and (4) of subsection (b) shall be disaggregated
by veterans with a household income that does not exceed—
(1) the area median income;
(2) 80 percent of the area median income;
(3) 50 percent of the area median income; and
(4) 30 percent of the area median income.
Time period.
Data.
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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.
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136 STAT. 5480
Survey.
Data.
Assessment.
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Cost.
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(b) METHODOLOGY.—In conducting the study under subsection
(a), the Secretary shall—
(1) survey—
(A) homeless veterans and veterans experiencing
housing instability who are enrolled in the Supportive Services for Veterans Families program;
(B) such veterans who do not seek or receive the care
or services under such program or a similar program;
(C) grantees of the Supportive Services for Veterans
Families program;
(D) financial and credit counselors; and
(E) persons who are subject matter experts regarding
the use of financial and credit counseling services that
the Secretary determines appropriate; and
(2) administer the survey to a representative sample of
homeless veterans and veterans experiencing housing instability in areas with high veteran homelessness.
(c) USE AND VARIATION OF SERVICES.—In conducting the study
under subsection (a)(1), the Secretary shall—
(1) use data from the Supportive Services for Veterans
Families program and other data collected by the Department
of Veterans Affairs, data collected by other departments or
agencies of the Federal Government, and data collected by
nongovernmental entities to compare the use of and variation
of financial and credit counseling services available for homeless
veterans and veterans experiencing housing instability and
such use and variation for other individuals; and
(2) assess such services made available through the Supportive Services for Veterans Families program, including with
respect to the types, modes of delivery, duration, consistency,
and quality, of such services.
(d) BARRIERS TO COUNSELING.—In conducting the study under
subsection (a)(2), the Secretary shall conduct research on the effects
of the following perceived barriers to financial and credit counseling
for homeless veterans and veterans experiencing housing instability
surveyed in the study:
(1) The cost of financial and credit counseling services.
(2) The perceived stigma associated with seeking financial
and credit counseling assistance.
(3) The effect of driving distance or availability of other
forms of transportation to the nearest facility that received
a grant under the Supportive Services for Veterans Families
program.
(4) The availability of child care.
(5) The comprehension of eligibility requirements for, and
the scope of services available under, the Supportive Services
for Veterans Families program.
(6) The effectiveness of outreach for the services available
to such veterans under the Supportive Services for Veterans
Families program.
(7) The location and operating hours of facilities that provide services to such veterans under the Supportive Services
for Veterans Families program.
(8) The COVID–19 pandemic and other health related
issues.
(9) Such other significant barriers as the Secretary considers appropriate.
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PUBLIC LAW 117–328—DEC. 29, 2022
(e) EVALUATION
AND
ASSESSMENT
OF
EFFECTS
136 STAT. 5481
OF
COUN-
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SELING.—
(1) EFFECTS.—In conducting the study under subsection
(a)(3), the Secretary shall conduct research on the ability to
evaluate and assess the potential effects of financial and credit
counseling services on homeless veterans and veterans experiencing housing instability with respect to the following:
(A) The effects of such services on employment by
comparing the veterans who received such services and
the veterans who did not receive such services.
(B) The effects of such services on housing status by
comparing the veterans who received such services and
the veterans who did not receive such services.
(C) The effects of such services on income by comparing
the veterans who received such services and the veterans
who did not receive such services.
(D) The effects of such services on credit score by
comparing the veterans who received such services and
the veterans who did not receive such services.
(E) The effects of such services on other outcomes
the Secretary determines appropriate.
(2) DATA AND RECOMMENDATIONS.—In carrying out paragraph (1), the Secretary shall—
(A) determine the relevant data that is available to
the Secretary and determine the confidence of the Secretary
with respect to accessing any additional data the Secretary
may require; and
(B) provide recommendations regarding the optimal
research or evaluation design that would generate the
greatest insights and value.
(f) DISCHARGE BY CONTRACT.—The Secretary may seek to enter
into a contract with a qualified independent entity or organization
to carry out the study and research required under this section,
including such an entity or organization that is able to access
credit scores, data maintained by the Internal Revenue Service,
and other date beneficial to studying income.
(g) MANDATORY REVIEW OF DATA BY CERTAIN ELEMENTS OF
DEPARTMENT.—
(1) REVIEWS REQUIRED.—The Secretary shall ensure that
the head of each element of the Department of Veterans Affairs
specified in paragraph (3) reviews the results of the study
conducted under subsection (a).
(2) SUBMITTAL OF FINDINGS.—The head of each element
specified in paragraph (3) shall submit to the Deputy Under
Secretary for Health for Operations and Management the
findings of the head with respect to the review conducted by
the under paragraph (1), including recommendations regarding
what data the Secretary should collect from grantees under
the Supportive Services for Veterans Families program.
(3) SPECIFIED ELEMENTS.—The elements of the Department
of Veterans Affairs specified in this paragraph are the following:
(A) The Advisory Committee on Homeless Veterans
established under section 2066 of title 38, United States
Code.
(B) The Advisory Committee on Women Veterans
established under section 542 of title 38, United States
Code.
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Determination.
Recommendations.
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136 STAT. 5482
PUBLIC LAW 117–328—DEC. 29, 2022
(C) The Advisory Committee on Minority Veterans
established under section 544 of title 38, United States
Code.
(D) The Homeless Programs Office of the Veterans
Health Administration.
(E) The Office of Tribal Government Relations of the
Department.
(h) REPORTS.—
(1) INTERIM REPORT.—Not later than one year after the
date of the enactment of this Act, the Secretary shall submit
to Congress an interim report on the study under subsection
(a).
(2) FINAL REPORT.—
(A) IN GENERAL.—Not later than 30 months after the
date of the enactment of this Act, the Secretary shall
submit to Congress a report on the study under subsection
(a).
(B) CONTENTS.—The report required by subparagraph
(A) shall include—
(i) the findings of the head of each element of
the Department specified under subsection (g)(3); and
(ii) recommendations for such administrative and
legislative action as the Secretary considers appropriate.
(i) DEFINITION.—In this section:
(1) HOMELESS VETERANS AND VETERANS EXPERIENCING
HOUSING INSTABILITY.—The term ‘‘homeless veterans and veterans experiencing housing instability’’ means veterans who
are homeless (as that term is defined in subsection (a) or
(b) of section 103 of the McKinney–Vento Homeless Assistance
Act (42 U.S.C. 11302)).
(2) SUPPORTIVE SERVICES FOR VETERANS FAMILIES PROGRAM.—The term ‘‘Supportive Services for Veterans Families
program’’ means the program established pursuant to section
2044 of title 38, United States Code.
Recommendations.
TITLE IV—OTHER MATTERS
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38 USC 8121
note.
SEC. 401. DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN RESILIENCY.
(a) REPORT ON CRITICAL ITEMS AND REQUIREMENTS.—Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committee on
Veterans’ Affairs of the Senate and the Committee on Veterans’
Affairs of the House of Representatives a report containing each
of the following:
(1) A description of the items and types of items the Secretary considers critical with respect to—
(A) the ongoing response to the Coronavirus 2019
(COVID–19) pandemic; and
(B) future epidemic, pandemic, emergency, national
emergency, or natural disaster scenarios.
(2) The quantities of the items described in paragraph
(1) that are available, as of the date of the enactment of
this Act, in inventories, emergency caches, or other emergency
inventories of the Department of Veterans Affairs.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs
and the Secretary of Defense shall enter into an agreement
to provide for the participation of the Department of Veterans
Affairs in the program known as the ‘‘Warstopper Program’’
of the Defense Logistics Agency, or any successor program.
(2) REQUIREMENTS.—Pursuant to the agreement under
paragraph (1), the Defense Logistics Agency shall—
(A) ensure the maintenance and stability of the items
that are identified as critical in the report required under
subsection (a) and that the Secretary of Defense determines
are appropriate for the Warstopper Program;
(B) establish guidance for the participation of the
Department of Veterans Affairs in the Warstopper Program
that includes an identification of the items and types of
items that are critical to the needs of the Department
of Veterans Affairs; and
(C) use existing contracts and agreements and enter
into new contracts and agreements, as necessary, with
manufacturers and distributors to reserve the supply of
such critical items rather than rely on holding physical
inventories of such items.
(c) REIMBURSEMENT.—The Secretary of Veterans Affairs shall
reimburse the Secretary of Defense for any expenses or obligations
incurred to facilitate the participation of the Department of Veterans Affairs in the Warstopper Program pursuant to subsection
(b).
(d) PROHIBITION ON EXCLUSIVE RELIANCE ON REGIONAL INVENTORIES.—The Secretary of Veterans Affairs shall ensure that the
Department does not exclusively rely on holding regional, physical
inventories of critical items in order to respond to greater than
expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations.
(e) REPORT ON IMPLEMENTATION.—
(1) IN GENERAL.—Not later than 450 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans’ Affairs of the
Senate and the Committee on Veterans’ Affairs of the House
of Representatives a report on the implementation of this section.
(2) CONTENTS.—The report submitted under paragraph (1)
shall contain each the following:
(A) An implementation plan for the participation of
the Department of Veterans Affairs in the Warstopper Program, including milestones and timelines for related
administrative, contracting, and readiness activities.
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Deadline.
Contracts.
Guidance.
Implementation
plan.
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136 STAT. 5484
PUBLIC LAW 117–328—DEC. 29, 2022
(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.
Deadline.
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Deadline.
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(a) ALIGNMENT OF EQUAL EMPLOYMENT OPPORTUNITY
DIRECTOR.—
(1) REPORTING AND DUTIES.—Subsection (h) of section 516
of title 38, United States Code, is amended—
(A) by striking ‘‘The provisions’’ and inserting ‘‘(1) The
provisions’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) Beginning not later than 90 days after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole
Memorial Veterans Benefits and Health Care Improvement Act
of 2022, in carrying out paragraph (1), the Secretary shall ensure
that the official of the Department who serves as the Equal Employment Opportunity Director of the Department—
‘‘(A) reports directly to the Deputy Secretary with respect
to the functions under this section; and
‘‘(B) does not also serve in a position that has responsibility
over personnel functions of the Department or other functions
that conflict with the functions under this section.’’.
(2) CONFORMING AMENDMENTS.—Such section is further
amended—
(A) in subsection (b)(1), by inserting ‘‘, in accordance
with subsection (h)(2),’’ after ‘‘an Assistant Secretary or
a Deputy Assistant Secretary’’; and
(B) in subsection (e)(1)(A), by striking ‘‘the Assistant
Secretary for Human Resources and Administration’’ and
inserting ‘‘the Secretary’’.
(b) ALIGNMENT OF EEO PROGRAM MANAGERS.—Such section
is further amended by adding at the end the following new subsection:
‘‘(i) In accordance with subsection (b), not later than one year
after the date of the enactment of the Joseph Maxwell Cleland
and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022, the Secretary shall ensure that
each Equal Employment Opportunity program manager of the
Department at the facility level reports to the head of the Office
of Resolution Management, or such successor office established
pursuant to subsection (a), with respect to the equal employment
functions of the program manager.’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) Beginning not later than 180 days after the date of
the enactment of the Joseph Maxwell Cleland and Robert Joseph
Dole Memorial Veterans Benefits and Health Care Improvement
Act of 2022, the Secretary shall provide to each employee of the
Department mandatory annual training on identifying and
addressing sexual and other harassment and employment discrimination, including with respect to processes under the Harassment
Prevention Program of the Department, or such successor program.
‘‘(B) An employee of the Department who is hired on or after
such date shall receive the first such mandatory annual training
not later than 60 days after being hired.’’.
(e) HARASSMENT AND EMPLOYMENT DISCRIMINATION POLICIES
AND DIRECTIVES.—The Secretary of Veterans Affairs shall—
(1) by not later than the date that is 180 days after the
date of the enactment of this Act, and on a regular basis
thereafter, review the policies relating to sexual and other
harassment and employment discrimination of the Department
of Veterans Affairs to ensure that such policies are complete
and in accordance with the sexual and other harassment and
employment discrimination policies established by the Office
of Resolution Management of the Department, or successor
office; and
(2) by not later than 180 days after the date of the enactment of this Act, issue a final directive and a handbook for
the Harassment Prevention Program of the Department.
(f) SEMIANNUAL REPORTS.—Not later than 180 days after the
date of the enactment of this Act, and semiannually thereafter
for one year, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report
on the progress the Secretary has made in carrying out this section
and section 516 of title 38, United States Code, as amended by
this section, including with respect to reporting sexual and other
harassment and employment discrimination complaints pursuant
to subsection (a)(2) of such section 516.
Deadlines.
Deadlines.
38 USC 516 note.
38 USC 516 note.
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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:
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136 STAT. 5486
38 USC
prec. 8171.
‘‘SUBCHAPTER VI—INFORMATION TECHNOLOGY PROJECTS
AND ACTIVITIES
38 USC 8171.
‘‘§ 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.
38 USC 8172.
‘‘§ 8172.
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Reports.
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Management of major information technology
projects
‘‘(a) COST, SCHEDULE, AND PERFORMANCE INFORMATION.—(1)
The Secretary shall, acting through the Chief Information Officer
of the Department, submit to the appropriate congressional committees a report containing information on the cost, schedule, and
performance of each major information technology project that
begins after the date of the enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and
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PUBLIC LAW 117–328—DEC. 29, 2022
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) An estimate of acquisition costs, implementation costs,
and life cycle costs.
‘‘(B) An intended implementation schedule indicating
significant milestones, initial operating capability, and full operating capability or completion.
‘‘(C) Key business, functional, and performance objectives.
‘‘(b) BASELINE.—(1) The Secretary shall use the information
on the cost, schedule, and performance of a major information
technology project included in the report under subsection (a) as
the baseline against which changes or variances are measured
during the life cycle of such project.
‘‘(2) The Secretary shall—
‘‘(A) annually update the baseline of a major information
technology project pursuant to subsection (c); and
‘‘(B) include such updated baseline in the documents providing detailed information on the budget for the Department
that the Secretary submits to Congress in conjunction with
the President’s budget submission pursuant to section 1105
of title 31.
‘‘(c) CHANGES AND VARIANCES.—(1) Not later than 60 days
after the date on which the Secretary identifies a change or variance
described in paragraph (2) in the cost, schedule, or performance
of a major information technology project, the Secretary, acting
through the Chief Information Officer, shall submit to the appropriate congressional committees a notification of such change or
variance, including a description and explanation for such change
or variance.
‘‘(2) A change or variance in the cost, schedule, or performance
of a major information technology project described in this paragraph is—
‘‘(A) with respect to the acquisition, implementation, or
life cycle cost of the project, or development increment therein,
a change or variance that is 10 percent or greater compared
to the baseline;
‘‘(B) with respect to the schedule for a development increment or for achieving a significant milestone, initial operating
capability, or full operating capability, or for the final completion of the project, a change or variance that is 180 days
or greater compared to the baseline; or
‘‘(C) with respect to the performance, an instance where
a key business, functional, or performance objective is not
attained, or is not anticipated to be attained, in whole or
in part.
‘‘(d) MANAGEMENT.—The Secretary shall ensure that each major
information technology project is managed by an interdisciplinary
team consisting of the following:
‘‘(1) A project manager who—
‘‘(A)(i) is certified in project management at level three
by—
‘‘(I) the Department;
‘‘(II) the Federal Acquisition Institute pursuant
to section 1201 of title 41; or
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Estimate.
Implementation
schedule.
Deadline.
Update.
Deadline.
Notification.
Time period.
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‘‘(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.
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38 USC 8173.
‘‘§ 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.
38 USC 8174.
‘‘§ 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.
38 USC 8175.
‘‘§ 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),
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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 functionaltechnical planning, requirements, and management.
‘‘(ii) Operational or efficiency benefits to employees of the
Department created or produced by the information technology
project.
‘‘(iii) The life cycle cost of the information technology
project.
‘‘(iv) The cost savings or cost avoidance yielded by the
information technology project.
‘‘(v) Time to completion of the information technology
project.
‘‘(vi) The difficulty of the information technology project,
the likelihood the information technology project will be completed, or the risks associated with undertaking the information
technology project.
‘‘(vii) Tangible benefits to veterans created or produced
by the information technology project.
‘‘(viii) Such other factors as the Secretary considers appropriate.
‘‘(B) The Secretary shall ensure that each list produced under
paragraph (1) includes, for each information technology project
included in the list, a brief description of the findings of the Secretary with respect to each assessment carried out by the Secretary
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Cost.
Cost.
PUBL328
136 STAT. 5490
Time period.
38 USC
prec. 8101.
PUBLIC LAW 117–328—DEC. 29, 2022
for each factor for the information technology project under subparagraph (A).
‘‘(c) PROJECTED FUNDING NEEDS.—(1) In addition to the matters
included under subsections (a) and (b), the Secretary shall ensure
that the budget justification materials described in subsection (a)
also include a projection of the one-year, two-year, and three-year
funding needs of the Department for information technology,
disaggregated by—
‘‘(A) portfolio; and
‘‘(B) the product line of the Department that requires the
funding.
‘‘(2) In addition to the projections under paragraph (1), with
respect to each of the periods set forth in such paragraph, the
Secretary shall include a description of the funding required for
each technology business management category used by the Office
of Information Technology of the Department (commonly referred
to as ‘cost pools’ and ‘towers’).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following:
‘‘SUBCHAPTER
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
38 USC 8172
note.
38 USC 8172
note.
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38 USC 8173
note.
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8171.
8172.
8173.
8174.
8175.
VI—INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES
Definitions.
Management of major information technology projects.
Information technology activities of the Financial Services Center.
Submission of annual reviews of information technology.
Information technology matters to be included in budget justification
materials for the Department.’’.
(c) APPLICATION AND REPORT REGARDING MANAGEMENT OF
MAJOR INFORMATION TECHNOLOGY PROJECTS.—
(1) CURRENT AND NEW MAJOR PROJECTS.—Except as specifically provided in subsection (a) of section 8172 of title 38,
United States Code, as added by subsection (a) of this section,
such section 8172 shall apply with respect to major information
technology projects that begin before, on, or after the date
of the enactment of this Act.
(2) REPORT ON CURRENT PROJECTS.—
(A) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the appropriate congressional
committees a report on each major information technology
project that the Secretary is carrying out as of the date
of the report.
(B) CONTENTS.—The report submitted under subparagraph (A) shall contain, with respect to each project
described in such subparagraph, information on the cost,
schedule, and performance of the project as described in
subsection (a) of section 8172 of such title, as so added.
(3) DEFINITIONS.—In this subsection, the terms ‘‘appropriate congressional committees’’ and ‘‘major information technology project’’ have the meanings given those terms in section
8171 of title 38, United States Code, as added by subsection
(a) of this section.
(d) INFORMATION TECHNOLOGY ACTIVITIES OF THE FINANCIAL
SERVICES CENTER.—
(1) EFFECTIVE DATE.—Section 8173 of such title, as added
by subsection (a), shall take effect on the date of the enactment
of this Act.
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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) 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.
38 USC 8175
note.
SEC. 404. REPORT ON INFORMATION TECHNOLOGY DASHBOARD
INFORMATION.
(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs, acting
through the Chief Information Officer of the Department of Veterans Affairs, shall submit to the appropriate congressional committees a report containing—
(1) an explanation of the ratings, rankings, and risk categorizations used by the Chief Information Officer pursuant
to subparagraph (C) of section 11302(c)(3) of title 40, United
States Code, with respect to the information technology dashboard, or successor system, of the Office of Management and
Budget developed under such section; and
(2) copies of supporting or explanatory information provided
by the Chief Information Officer to the Office of Management
and Budget with respect to submissions by the Chief Information Officer to the information technology dashboard, or successor system, for the fiscal year in which the report is submitted (other than information not otherwise made public
pursuant to such section).
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
section, the term ‘‘appropriate congressional committees’’ has the
meaning given such term in section 8171 of title 38, United States
Code, as added by section 403.
Records.
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SEC. 405. IMPROVEMENTS TO TRANSPARENCY OF LAW ENFORCEMENT
OPERATIONS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) PROVISION OF INFORMATION.—Section 902 of title 38, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(e)(1) The Secretary shall publish on the internet website
of each facility of the Department the following information with
respect to the facility:
‘‘(A) Summaries and statistics covering the previous fiveyear 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.
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Web posting.
Summaries.
Time period.
PUBL328
136 STAT. 5492
Deadlines.
38 USC 902 note.
Analysis.
Deadline.
Review.
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Investigate.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(2) The Secretary shall ensure that each police force of a
facility of the Department is able to provide to an individual who
contacts the police force pursuant to paragraph (1)(B) the information described in such paragraph.’’.
(b) USE OF BODY WORN CAMERAS BY DEPARTMENT POLICE OFFICERS.—
(1) REQUIREMENT.—Subsection (a) of such section 902 is
amended by adding at the end the following new paragraph:
‘‘(3) Beginning not later than 180 days after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole
Memorial Veterans Benefits and Health Care Improvement Act
of 2022, the Secretary shall require Department police officers to
use cameras worn on the individual police officer’s person that
record and store audio and video (commonly known as ‘body worn
cameras’).’’.
(2) GUIDANCE.—Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall issue, and make publicly available, guidance on the use
of body worn cameras by Department police officers pursuant
to section 902(a)(3) of title 38, United States Code, as amended
by paragraph (1).
(3) CONSULTATION.—The Secretary shall issue the guidance
under paragraph (2) in consultation with veterans service
organizations, civil rights organizations, law enforcement
organizations, law enforcement accreditation organizations, privacy rights organizations, and other relevant organizations or
experts.
(c) DATA AND REPORTING ON POLICE INCIDENTS.—Section 902
of title 38, United States Code, as amended by subsection (a),
is further amended by adding at the end the following new subsection:
‘‘(f) POLICE INCIDENTS.—(1)(A) The Secretary shall track and
analyze the following information regarding the police force of the
Department:
‘‘(i) Arrests made by and tickets issued by Department
police officers.
‘‘(ii) Prosecutions, ticketing, and other actions relating to
such arrests.
‘‘(iii) The use of force and weapons discharge.
‘‘(iv) Complaints, investigations, and disciplinary actions.
‘‘(B) The Secretary shall carry out subparagraph (A) by implementing one or more Department-wide data systems.
‘‘(2)(A) Beginning not later than one year after the date of
the enactment of the Joseph Maxwell Cleland and Robert Joseph
Dole Memorial Veterans Benefits and Health Care Improvement
Act of 2022, the Secretary shall ensure that each incident described
in subparagraph (C) is promptly reported to the Assistant Secretary
with responsibility for operations, preparedness, security, and law
enforcement functions.
‘‘(B) The Assistant Secretary shall, in a timely manner—
‘‘(i) review each incident described in subparagraph (C)(i)
that is reported under subparagraph (A); and
‘‘(ii) investigate each incident described in subparagraph
(C)(ii) that is reported under subparagraph (A).
‘‘(C) An incident described in this subparagraph is either of
the following:
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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) estimates on the costs to carry out the
plan; and
(II) any recommendations for legislative
actions required to carry out the plan.
(B) With respect to body worn cameras, a review of
the implementation and use of body worn cameras by
Department police officers, including under pilot programs
carried out by the Secretary during the five-year period
preceding the date of the report.
(f) DEFINITIONS.—In this section:
(1) BODY WORN CAMERA.—The term ‘‘body worn camera’’
means a camera worn on an individual police officer’s person
that records and stores audio and video.
(2) DEPARTMENT POLICE OFFICER.—The term ‘‘Department
police officer’’ means an employee of the Department of Veterans Affairs described in section 902(a) of title 38, United
States Code.
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SEC. 406. PLAN FOR REDUCTION OF BACKLOG OF FREEDOM OF
INFORMATION ACT REQUESTS.
(a) PLAN.—
(1) IN GENERAL.—The Secretary of Veterans Affairs shall
establish and carry out a plan for the Secretary to meet, by
not later than five years after the date of the enactment of
this Act, the requirements of section 552 of title 5, United
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Cost estimates.
Recommendations.
38 USC 902 note.
38 USC 303 note.
Deadline.
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Schedule.
Analysis.
Recommendations.
Time period.
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Public
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Web posting.
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PUBLIC LAW 117–328—DEC. 29, 2022
States Code, (commonly known as the ‘‘Freedom of Information
Act’’ or ‘‘FOIA’’) with respect to providing documents and
information under such section within the timeframes required
by such section.
(2) ELEMENTS.—The plan required by paragraph (1) shall
include the following:
(A) Improving and acquiring technology, including with
respect to searching email and other electronic information,
and the timelines for such improvement, to ensure that
the information technology of the Department of Veterans
Affairs is capable of carrying out the plan.
(B) Identification of efficient procedures, policies, and
systems of the Department that could be developed to
allow employees of the Department responsible for replying
to requests under such section 552 to search and review
documents rather than other employees of the Department.
(C) A schedule for carrying out the plan, including
key milestones and metrics.
(b) COMPLIANCE ASSESSMENT.—The Secretary shall request the
Director of the Office of Government Information Services of the
National Archives and Records Administration to conduct an assessment of the compliance by the Department of Veterans Affairs
with section 552 of title 5, United States Code.
(c) REPORTS.—
(1) INITIAL REPORT.—
(A) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
submit to the Committee on Veterans’ Affairs of the Senate
and the Committee on Veterans’ Affairs of the House of
Representatives a report on implementing subsections (a)
and (b).
(B) CONTENTS.—The report required by subparagraph
(A) shall include the following:
(i) The plan established under subsection (a).
(ii) An analysis of the root causes of the backlog
of Freedom of Information Act requests.
(iii) Recommendations with respect to any additional resources or legislative action the Secretary
determines necessary for such implementation.
(2) ANNUAL REPORTS.—During the five-year period following the date of the enactment of this Act, the Secretary
shall submit to the Committee on Veterans’ Affairs of the
Senate and the Committee on Veterans’ Affairs of the House
of Representatives annual reports on—
(A) carrying out the plan under subsection (a),
including any updates or changes made to the plan; and
(B) the compliance by the Department as described
in subsection (b).
(3) PUBLICATION.—The Secretary shall make publicly available on the internet website of the Department the reports
under paragraphs (1) and (2) by not later than 30 days after
the date on which the Secretary submits the reports to the
Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives.
(d) DEFINITION OF BACKLOG OF FREEDOM OF INFORMATION ACT
REQUESTS.—In this section, the term ‘‘backlog of Freedom of
Information Act requests’’ means the number of requests, as
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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) is amended by striking
‘‘$1,388.68’’ and inserting ‘‘$1,406.73’’.
(b) CORRECTION TO CERTAIN PENSION PAYMENTS.—
(1) CORRECT CODIFICATION.—Section 1562(a)(1) of title 38,
United States Code, is amended by striking ‘‘$1,388.68’’ and
inserting ‘‘$ 1,406.73’’.
(2) RETROACTIVE EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if it were enacted immediately after the enactment of the Johnny Isakson and David
P. Roe, M.D. Veterans Health Care and Benefits Improvement
Act of 2020 (Public Law 116–315).
(c) TREATMENT OF CERTAIN PENSION PAYMENTS.—
(1) IN GENERAL.—A payment described in paragraph (2)
shall be treated as an authorized payment.
(2) PAYMENTS DESCRIBED.—A payment described in this
paragraph is a payment of pension under section 1562 of title
38, United States Code, by the Secretary of Veterans Affairs—
(A) in the amount of $1,406.73 during the period beginning on January 5, 2021, and ending on November 30,
2021;
(B) in the amount of $1,489.73 during the period beginning on December 1, 2021, and ending on November 30,
2022; or
(C) in the amount of $1,619.34 during the period beginning on December 1, 2022, and ending on the date of
the enactment of this Act.
134 Stat. 4969
38 USC 1562
note.
38 USC 1562
note.
Time periods.
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SEC. 408. IMPOSITION OF CAP ON EMPLOYEES OF THE DEPARTMENT
OF VETERANS AFFAIRS WHO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY COUNSELING.
(a) REIMPOSITION OF CAP.—
(1) IN GENERAL.—Section 516 of title 38, United States
Code, as amended by section 7(a) of the Responsible Education
Mitigating Options and Technical Extensions Act (Public Law
117–76), is further amended—
(A) by redesignating subsection (g) as subsection (h);
and
(B) by inserting after subsection (f) the following new
subsection (g):
‘‘(g)(1)(A) Except as provided in paragraph (4), beginning on
the date of the enactment of the Joseph Maxwell Cleland and
Robert Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022 and ending on the date that is three
years after the date of the enactment of such Act, the number
of employees of the Department whose duties include equal employment opportunity counseling functions may not exceed 76 fulltime equivalent employees.
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Effective date.
Effective date.
Notification.
Regulations.
Repeal.
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‘‘(B) Except as provided in paragraph (4), beginning on the
date that is three years after the date of enactment of the Joseph
Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the number of
employees of the Department whose duties include equal employment opportunity counseling functions may not exceed 81 fulltime equivalent employees.
‘‘(2) Except as provided in paragraph (4), of the 76 full-time
equivalent employees set forth in paragraph (1), the number of
employees of the Department whose duties include equal employment opportunity counseling functions as well as other unrelated
functions may not exceed 40 full-time equivalent employees.
‘‘(3) Except as provided in paragraph (4), any employee
described in paragraph (2) whose duties include equal employment
opportunity counseling functions as well as other unrelated functions may be assigned equal employment opportunity counseling
functions only at Department facilities in remote geographic locations.
‘‘(4)(A) Beginning on the date that is one year after the date
of enactment of the Joseph Maxwell Cleland and Robert Joseph
Dole Memorial Veterans Benefits and Health Care Improvement
Act of 2022, the Secretary shall promptly notify Congress if, at
any point in time, the number of full-time equivalent employees
of the Department specified in paragraph (1), whose duties include
equal opportunity counseling functions, is insufficient for the
Department to meet its required obligations under law.
‘‘(B) Notification under subparagraph (A) shall include—
‘‘(i) the specific legal obligations relating to employment
discrimination, or other matters similar to those covered by
regulations prescribed by the Equal Employment Opportunity
Commission, that the Department is unable to meet; and
‘‘(ii) the total additional number of full-time equivalent
employees of the Department that would be needed for the
Department to meet such obligations.’’.
(2) CONFORMING AMENDMENT.—Subsection (b) of section
7 of such Act is hereby repealed.
(b) REPORT.—Not later than 3 years after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report that includes the following elements:
(1) An accounting of the number of informal stage cases
filed with the employment discrimination complaint resolution
system established and administered under section 516(a) of
title 38, United States Code, disaggregated by—
(A) the period beginning on January 1, 2019, and
ending on the date of the enactment of this Act; and
(B) the three-year period beginning on the date of
the enactment of this Act.
(2) A comparison of timeliness, with respect to the average
time to process, of processing of informal stage cases by such
system with respect to—
(A) the period beginning on January 1, 2019, and
ending on the date of the enactment of this Act; and
(B) the three-year period beginning on the date of
the enactment of this Act.
(3) An accounting of the amounts, times, and quality of
informal claims processed by employees of the Department
of Veterans Affairs whose duties include only equal employment
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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) ANNUAL REPORTS.—Not later than one year after the date
of the enactment of this Act and once each year thereafter, the
Secretary of Veterans Affairs shall make available to the public
on an internet website of the Department an annual report that
includes, for the year covered by the report, the following:
(1) Total number of complaints filed through the employment discrimination complaint resolution system established
and administered under subsection (a) of section 516 of title
38, United States Code.
(2) Total number of such complaints completed processing
by such system in a timely manner.
(3) The percentage of all pre-complaint counseling provided
under such section that led to resolution without further action.
(4) The percentage of all pre-complaint counseling provided
under such section that led to resolution via alternative dispute
resolution.
(5) The percentage of all pre-complaint counseling provided
under such section that led to filing of a formal complaint
via such system.
(6) An accounting of the amounts, times, and quality of
informal claims processed by employees of the Department
whose duties include equal employment opportunity counseling
under such section.
(7) An estimate of the required ratio of Department
employees whose duties include equal employment opportunity
counseling functions relative to the number of full-time equivalent employees in the Department.
(d) INDEPENDENT ASSESSMENT.—Not later than 180 days after
the first report is made available under subsection (c), the Comptroller General shall submit to the Committee on Veterans’ Affairs
of the Senate and the Committee on Veterans’ Affairs of the House
of Representatives an independent assessment of the ratio reported
by the Secretary pursuant to paragraph (7) of such subsection.
Such assessment shall include such recommendations as the Secretary may have for improving such ratio and the ability of the
Department to provide equal employment opportunity counseling.
DIVISION V—STRONG VETERANS ACT
OF 2022
Public
information.
Web posting.
38 USC 516 note.
Estimate.
Deadline.
Recommendations.
Support The
Resiliency of Our
Nation’s Great
Veterans Act of
2022.
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
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(a) SHORT TITLE.—This division may be cited as the ‘‘Support
The Resiliency of Our Nation’s Great Veterans Act of 2022’’ or
the ‘‘STRONG Veterans Act of 2022’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
38 USC 101 note.
DIVISION V—STRONG VETERANS ACT OF 2022
Sec. 1. Short title; table of contents.
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136 STAT. 5498
PUBLIC LAW 117–328—DEC. 29, 2022
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.
Sec.
Sec.
Sec.
Sec.
Subtitle A—Veterans Crisis Line Training and Quality Management
211. Staff training.
212. Quality review and management.
213. Guidance for high-risk callers.
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.
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TITLE I—TRAINING TO SUPPORT
VETERANS’ MENTAL HEALTH
VerDate Sep 11 2014
Deadlines.
SEC. 101. MENTAL HEALTH AND SUICIDE PREVENTION OUTREACH TO
MINORITY VETERANS AND AMERICAN INDIAN AND ALASKA
NATIVE VETERANS.
38 USC 1712A
note.
(a) STAFFING REQUIREMENT.—Beginning not later than 90 days
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall ensure that each medical center of the Department
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5499
of Veterans Affairs has no fewer than one full-time employee whose
responsibility is serving as a minority veteran coordinator.
(b) TRAINING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the Indian
Health Service and the Director of the Office of Mental Health
and Suicide Prevention of the Department of Veterans Affairs,
shall ensure that all minority veteran coordinators receive training
in delivery of mental health and suicide prevention services culturally appropriate for American Indian and Alaska Native veterans, especially with respect to the identified populations and
tribes within the coordinators’ catchment areas.
(c) COORDINATION WITH SUICIDE PREVENTION COORDINATORS.—
Not later than 180 days after the date of the enactment of this
Act, the Secretary, in consultation with the Director of the Office
of Mental Health and Suicide Prevention, shall ensure that the
suicide prevention coordinator and minority veteran coordinator
of each medical center of the Department have developed and
disseminated to the director of the medical center a written plan
for conducting mental health and suicide prevention outreach to
all tribes and urban Indian health organizations within the
catchment area of the medical center. Each such plan shall include
for each tribe covered by the plan—
(1) contact information for tribal leadership and the tribal
health facility or Indian Health Service facility serving that
tribe;
(2) a schedule for and list of outreach plans (including
addressing any barriers to accessing Department mental health
care);
(3) documentation of any conversation with tribal leaders
that may guide culturally appropriate delivery of mental health
care to American Indian or Alaska Native veterans;
(4) documentation of any progress in incorporating traditional healing practices into mental health and suicide prevention protocols and options available for veterans who are members of such tribe; and
(5) documentation of any coordination among the Department, the Indian Health Service, urban Indian health organizations, and the Substance Abuse and Mental Health Services
Administration for the purpose of improving suicide prevention
efforts tailored to veterans who are members of such tribe
and the provision of culturally competent mental health care
to such veterans.
(d) REPORT.—Not later than one year after the enactment of
this Act, the Secretary shall submit to the Committee on Veterans’
Affairs of the Senate and the Committee on Veterans’ Affairs of
the House of Representatives a report on outreach efforts to
minority veterans and American Indian and Alaska Native veterans. Such report shall include each of the following:
(1) The number of minority veteran coordinators within
the Department.
(2) The number and percentage of minority veteran
coordinators who are women.
(3) The number and percentage of minority veteran
coordinators who are persons of color.
(4) The number and percentage of Department medical
centers with minority veteran coordinators.
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38 USC 1712A
note.
Plan.
Records.
38 USC 1712A
note.
Schedule.
List.
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136 STAT. 5500
PUBLIC LAW 117–328—DEC. 29, 2022
(5) The number and percentage of Department mental
health providers who are enrolled members of a federally recognized Indian tribe or self-identify as Native American.
(6) The number and percentage of Department mental
health providers who speak a second language.
(7) A review of the outreach plans developed and submitted
to all Department medical centers for outreach to American
Indian and Alaska Native veterans.
(8) A review of mental health care provided annually by
the Department to American Indian and Alaska Native veterans for the past three years, including number of appointments, and an assessment of any barriers to providing this
care.
Review.
Review.
Time period.
38 USC 1712A
note.
Deadline.
SEC. 102. EXPANSION OF VET CENTER WORKFORCE.
38 USC 7401
note.
SEC. 103. EXPANSION OF MENTAL HEALTH TRAINING FOR DEPARTMENT OF VETERANS AFFAIRS.
Deadline.
(a) IN GENERAL.—Not later than three years after the date
of the enactment of this Act and subject to the availability of
appropriations, the Secretary of Veterans Affairs, in collaboration
with the Office of Mental Health and Suicide Prevention and the
Office of Academic Affiliations, shall add an additional 250 paid
trainee slots in covered mental health disciplines to the workforce
of the Department of Veterans Affairs.
(b) COVERED MENTAL HEALTH DISCIPLINES DEFINED.—In this
section, the term ‘‘covered mental health disciplines’’ means psychiatry, psychology, advanced practice nursing (with a focus on mental
health or substance use disorder), social work, licensed professional
mental health counseling, and marriage and family therapy.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act and subject to the availability of appropriations, the Secretary of Veterans Affairs shall hire an additional
50 full-time equivalent employees for Vet Centers to bolster the
workforce of Vet Centers and to provide expanded mental health
care to veterans, members of the Armed Forces, and their families
through outreach, community access points, outstations, and Vet
Centers.
(b) VET CENTER DEFINED.—In this section, the term ‘‘Vet
Center’’ has the meaning given that term in section 1712A(h) of
title 38, United States Code.
SEC. 104. EXPANSION OF SCHOLARSHIPS AND LOAN REPAYMENT PROGRAMS FOR MENTAL HEALTH PROVIDERS.
(a) EXPANSION OF HEALTH PROFESSIONAL SCHOLARSHIP PROGRAM.—Beginning in academic year 2022, the Secretary of Veterans
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38 USC 7611
note.
38 USC 7681
note.
Effective date.
VerDate Sep 11 2014
04:00 Jun 29, 2023
Affairs shall include not fewer than an additional (as compared
to academic year 2021) 50 awards per academic year under the
Department of Veterans Affairs Health Professional Scholarship
Program under subchapter II of chapter 76 of title 38, United
States Code, for applicants otherwise eligible for such program
who are pursuing degrees or training in mental health disciplines,
including advanced practice nursing (with a focus on mental health
or substance use disorder), psychology, and social work.
(b) EXPANSION OF EDUCATION DEBT REDUCTION PROGRAM.—
(1) IN GENERAL.—Beginning in fiscal year 2022, the Secretary shall provide not fewer than an additional (as compared
to fiscal year 2021) 200 debt reduction awards per year under
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PUBLIC LAW 117–328—DEC. 29, 2022
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) OUTREACH.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary shall develop a
public awareness campaign to encourage veterans and mental
health professionals to choose the Department for their mental
health career.
(2) ELEMENTS.—The campaign required under paragraph
(1)—
(A) shall advertise the paid trainee, scholarship, and
loan repayment opportunities offered by the Department;
and
(B) may highlight the new graduate medical education
residencies available at the Department for medical students entering residency.
38 USC 7401
note.
Deadline.
TITLE II—VETERANS CRISIS LINE
SEC. 201. VETERANS CRISIS LINE.
In this title, the term ‘‘Veterans Crisis Line’’ means the tollfree hotline for veterans established under section 1720F(h) of title
38, United States Code.
Definition.
38 USC 1720F
note.
Subtitle A—Veterans Crisis Line Training
and Quality Management
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SEC. 211. STAFF TRAINING.
Deadlines.
(a) REVIEW OF TRAINING FOR VETERANS CRISIS LINE CALL
RESPONDERS.—
(1) IN GENERAL.—The Secretary of Veterans Affairs shall
enter into an agreement with an organization outside the
Department of Veterans Affairs to review the training for Veterans Crisis Line call responders on assisting callers in crisis.
(2) COMPLETION OF REVIEW.—The review conducted under
paragraph (1) shall be completed not later than one year after
the date of the enactment of this Act.
(3) ELEMENTS OF REVIEW.—The review conducted under
paragraph (1) shall consist of a review of the training provided
by the Department on subjects including risk assessment, lethal
means assessment, substance use and overdose risk assessment, safety planning, referrals to care, supervisory consultation, and emergency dispatch.
(4) UPDATE OF TRAINING.—If any deficiencies in the training
for Veterans Crisis Line call responders are found pursuant
to the review under paragraph (1), the Secretary shall update
such training and associated standards of practice to correct
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136 STAT. 5502
PUBLIC LAW 117–328—DEC. 29, 2022
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.
Requirement.
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Deadline.
VerDate Sep 11 2014
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(a) MONITORING OF CALLS ON VETERANS CRISIS LINE.—
(1) IN GENERAL.—The Secretary of Veterans Affairs shall
require that not fewer than two calls per month for each Veterans Crisis Line call responder be subject to supervisory silent
monitoring, which is used to monitor the quality of conduct
by such call responder during the call.
(2) BENCHMARKS.—The Secretary shall establish benchmarks for requirements and performance of Veterans Crisis
Line call responders on supervisory silent monitored calls.
(3) QUARTERLY REPORTS.—Not less frequently than quarterly, the Secretary shall submit to the Office of Mental Health
and Suicide Prevention of the Department of Veterans Affairs
a report on occurrence and outcomes of supervisory silent monitoring of calls on the Veterans Crisis Line.
(b) QUALITY MANAGEMENT PROCESSES FOR VETERANS CRISIS
LINE.—Not later than one year after the date of the enactment
of this Act, the leadership for the Veterans Crisis Line, in partnership with the Office of Mental Health and Suicide Prevention of
the Department and the National Center for Patient Safety of
the Department, shall establish quality management processes and
expectations for staff of the Veterans Crisis Line, including with
respect to reporting of adverse events and close calls.
(c) ANNUAL COMMON CAUSE ANALYSIS FOR CALLERS TO VETERANS CRISIS LINE WHO DIE BY SUICIDE.—
(1) IN GENERAL.—Not less frequently than annually, the
Secretary shall perform a common cause analysis for all identified callers to the Veterans Crisis Line that died by suicide
during the one-year period preceding the conduct of the analysis
before the caller received contact with emergency services and
in which the Veterans Crisis Line was the last point of contact.
(2) SUBMITTAL OF RESULTS.—The Secretary shall submit
to the Office of Mental Health and Suicide Prevention of the
Department the results of each analysis conducted under paragraph (1).
(3) APPLICATION OF THEMES OR LESSONS.—The Secretary
shall apply any themes or lessons learned under an analysis
under paragraph (1) to updating training and standards of
practice for staff of the Veterans Crisis Line.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5503
SEC. 213. GUIDANCE FOR HIGH-RISK CALLERS.
Deadlines.
(a) DEVELOPMENT OF ENHANCED GUIDANCE AND PROCEDURES
FOR RESPONSE TO CALLS RELATED TO SUBSTANCE USE AND OVERDOSE RISK.—Not later than one year after the date of the enactment
Updates.
of this Act, the Secretary of Veterans Affairs, in consultation with
national experts within the Department of Veterans Affairs on
substance use disorder and overdose, shall—
(1) develop enhanced guidance and procedures to respond
to calls to the Veterans Crisis Line related to substance use
and overdose risk;
(2) update training materials for staff of the Veterans Crisis
Line in response to such enhanced guidance and procedures;
and
(3) update criteria for monitoring compliance with such
enhanced guidance and procedures.
(b) REVIEW AND IMPROVEMENT OF STANDARDS FOR EMERGENCY
DISPATCH.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary shall—
(A) review the current emergency dispatch standard
operating procedure of the Veterans Crisis Line to identify
any additions to such procedure to strengthen communication regarding—
(i) emergency dispatch for disconnected callers; and
(ii) the role of social service assistants in
requesting emergency dispatch and recording such dispatches; and
(B) update such procedure to include the additions
identified under subparagraph (A).
(2) TRAINING.—The Secretary shall ensure that all staff
of the Veterans Crisis Line are trained on all updates made
under paragraph (1)(B) to the emergency dispatch standard
operating procedure of the Veterans Crisis Line.
Criteria.
Update.
SEC. 214. OVERSIGHT OF TRAINING OF SOCIAL SERVICE ASSISTANTS
AND CLARIFICATION OF JOB RESPONSIBILITIES.
Not later than one year after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall—
(1) establish oversight mechanisms to ensure that social
service assistants and supervisory social service assistants
working with the Veterans Crisis Line are appropriately trained
and implementing guidance of the Department regarding the
Veterans Crisis Line; and
(2) refine standard operating procedures to delineate roles
and responsibilities for all levels of supervisory social service
assistants working with the Veterans Crisis Line.
Deadline.
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Subtitle B—Pilot Programs and Research
on Veterans Crisis Line
VerDate Sep 11 2014
SEC. 221. PILOT PROGRAMS.
Deadlines.
(a) EXTENDED SAFETY PLANNING PILOT PROGRAM FOR VETERANS
CRISIS LINE.—
(1) IN GENERAL.—Commencing not later than 180 days
after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall carry out a pilot program to determine
Determination.
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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) 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 highrisk 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.
Recommendations.
Time periods.
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 222. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH ON
EFFECTIVENESS AND OPPORTUNITIES FOR IMPROVEMENT OF VETERANS CRISIS LINE.
There is authorized to be appropriated to the Secretary of
Veterans Affairs for fiscal years 2022 and 2023, a total of $5,000,000
for the Mental Illness Research, Education, and Clinical Centers
of the Department of Veterans Affairs to conduct research on the
effectiveness of the Veterans Crisis Line and areas for improvement
for the Veterans Crisis Line.
Subtitle C—Transition of Crisis Line
Number
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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SEC. 301. DESIGNATION OF BUDDY CHECK WEEK BY SECRETARY OF
VETERANS AFFAIRS.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall designate one week each year to organize outreach events and educate
veterans on how to conduct peer wellness checks, which shall be
known as ‘‘Buddy Check Week’’.
(b) EDUCATIONAL OPPORTUNITIES.—
(1) IN GENERAL.—During Buddy Check Week, the Secretary, in consultation with organizations that represent veterans, nonprofits that serve veterans, mental health experts,
members of the Armed Forces, and such other entities and
individuals as the Secretary considers appropriate, shall
collaborate with organizations that represent veterans to provide educational opportunities for veterans to learn how to
conduct peer wellness checks.
(2) TRAINING MATTERS.—As part of the educational
opportunities provided under paragraph (1), the Secretary shall
provide the following:
(A) A script for veterans to use to conduct peer wellness
checks that includes information on appropriate referrals
to resources veterans might need.
(B) Online and in-person training, as appropriate, on
how to conduct a peer wellness check.
(C) Opportunities for members of organizations that
represent veterans to learn how to train individuals to
conduct peer wellness checks.
(D) Training for veterans participating in Buddy Check
Week on how to transfer a phone call directly to the Veterans Crisis Line.
(E) Resiliency training for veterans participating in
Buddy Check Week on handling a veteran in crisis.
(3) ONLINE MATERIALS.—All training materials provided
under the educational opportunities under paragraph (1) shall
be made publicly available on a website of the Department
of Veterans Affairs.
(c) OUTREACH.—The Secretary, in collaboration with organizations that represent veterans, may conduct outreach regarding educational opportunities under subsection (b) at—
(1) public events where many veterans are expected to
congregate;
(2) meetings of organizations that represent veterans;
(3) facilities of the Department; and
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38 USC 1712A
note.
Public
information.
Web posting.
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PUBLIC LAW 117–328—DEC. 29, 2022
(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.
38 USC 6303
note.
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Assessment.
Analysis.
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SEC. 302. IMPROVEMENTS TO VETERANS JUSTICE OUTREACH PROGRAM.
(a) OUTREACH REQUIREMENT.—The Secretary of Veterans
Affairs shall conduct outreach regarding the Veterans Justice Outreach Program to justice-involved veterans, military and veterans
service organizations, and relevant stakeholders in the criminal
justice community, including officials from local law enforcement,
court, and jail systems and others as determined appropriate by
the Secretary. Such outreach—
(1) shall be designed—
(A) to spread awareness and understanding of the Program;
(B) to spread awareness and understanding of veteran
eligibility for the Program, including the eligibility of veterans who were discharged from service in the Armed
Forces under conditions other than honorable; and
(C) to improve the identification of justice-involved veterans; and
(2) may be conducted in person, virtually, or through other
means, including by the dissemination of informational materials and contact information.
(b) STRATEGIC PLAN.—The Secretary of Veterans Affairs shall
develop a strategic plan for the Veterans Justice Outreach Program.
In developing such plan, the Secretary shall conduct—
(1) an assessment of barriers to working with justiceinvolved veterans in rural, remote, and underserved areas,
including potential steps to address such barriers; and
(2) a workforce gap analysis for the Program.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5507
(c) INCREASE IN NUMBER OF VJO SPECIALISTS.—
(1) INCREASE.—The Secretary of Veterans Affairs shall
increase the number of Veterans Justice Outreach specialists
responsible for supporting justice-involved veterans in rural,
remote, or underserved areas, including areas located far from
Department of Veterans Affairs medical centers, as determined
by the Secretary, through—
(A) the hiring of additional Veterans Justice Outreach
specialists;
(B) the reallocation of existing Veterans Justice Outreach specialists; or
(C) such other means as may be determined appropriate by the Secretary.
(2) DETERMINATION.—The Secretary shall determine the
number of Veterans Justice Outreach specialists required, and
the locations of such specialists, under paragraph (1) by taking
into account—
(A) such number and locations needed to achieve the
mission and strategic goals of the Veterans Justice Outreach Program;
(B) any gaps in the workforce of the Program, including
such gaps identified pursuant to subsection (b)(2); and
(C) strategies to address such gaps.
(3) USE OF TECHNOLOGY.—In carrying out paragraph (1),
the Secretary shall consider the use of virtual technology.
(d) PERFORMANCE GOALS AND IMPLEMENTATION PLANS.—
(1) ESTABLISHMENT.—The Secretary of Veterans Affairs
shall establish performance goals and implementation plans
for—
(A) the Veterans Justice Outreach Program;
(B) Veterans Justice Outreach Specialists; and
(C) providing support for research regarding justiceinvolved veterans.
(2) CONSISTENCY WITH STRATEGIC PLAN.—The Secretary
shall ensure that the performance goals and implementation
plans under paragraph (1) are consistent with the strategic
plan under subsection (b) and include—
(A) qualitative and quantitative milestones, measures,
and metrics, and associated timelines for completion of
the plans under paragraph (1) and barriers to such completion;
(B) an identification of relevant staff; and
(C) an estimate of resource needs and sources.
(3) PERFORMANCE DATA.—The Secretary shall establish a
process to regularly collect and analyze performance data to
assess the efficiency and effectiveness of implementing the
plans under paragraph (1).
(e) TRAINING REQUIREMENT.—The Secretary shall ensure that
all Veterans Justice Outreach Specialists receive training not less
frequently than annually on—
(1) best practices for identifying and conducting outreach
to justice-involved veterans and relevant stakeholders in the
criminal justice community; and
(2) veteran eligibility for the Veterans Justice Outreach
Program, including with respect to consistently communicating
changes regarding eligibility (including through the use of a
script or other reference materials).
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Determination.
Analysis.
Deadline.
PUBL328
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) 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))).
Assessment.
38 USC 1720F
note.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 303. DEPARTMENT OF VETERANS AFFAIRS GOVERNORS CHALLENGE PROGRAM.
The Secretary of Veterans Affairs may enter into agreements
with States, territories, and American Indian and Alaska Native
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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)—
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136 STAT. 5510
PUBLIC LAW 117–328—DEC. 29, 2022
(A) in the heading, by striking ‘‘GENDER-SPECIFIC SERV‘‘CONSIDERATIONS FOR HIRING PEER
ICES’’ and inserting
SPECIALISTS’’;
Assessments.
Determination.
Notification.
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Time periods.
VerDate Sep 11 2014
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(B) in the matter preceding paragraph (1), by striking
‘‘location selected under subsection (c)’’ and inserting ‘‘medical center’’;
(C) in paragraph (1), by striking ‘‘and’’ at the end;
and
(D) by striking paragraph (2) and inserting the following new paragraph (2):
‘‘(2) female peer specialists are hired and made available
to support female veterans who are treated at each medical
center.’’; and
(7) by amending subsection (g), as redesignated by paragraph (1), to read as follows:
‘‘(g) REPORTS.—
‘‘(1) PERIODIC REPORTS.—
‘‘(A) IN GENERAL.—Not later than one year after the
date of the enactment of the STRONG Veterans Act of
2022, and annually thereafter for five years, the Secretary
shall submit to the Committees on Veterans’ Affairs of
the House of Representatives and the Senate a report
on the program, including the expansion of the program
under subsection (d)(1).
‘‘(B) ELEMENTS.—Each report under subparagraph (A)
shall include, with respect to the one-year period preceding
the submission of the report, the following:
‘‘(i) The findings and conclusions of the Secretary
with respect to the program.
‘‘(ii) An assessment of the benefits of the program
to veterans and family members of veterans.
‘‘(iii) An assessment of the effectiveness of peer
specialists in engaging under subsection (f) with health
care providers in the community and veterans served
by such providers.
‘‘(iv) The name and location of each medical center
where new peer specialists were hired.
‘‘(v) The number of new peer specialists hired at
each medical center pursuant to this section and the
total number of peer specialists within the Department
hired pursuant to this section.
‘‘(vi) An assessment of any barriers confronting
the recruitment, training, or retention of peer specialists.
‘‘(2) FINAL REPORT.—Not later than one year after the
Secretary determines that the program is being carried out
at each medical center of the Department, the Secretary shall
submit to the Committees on Veterans’ Affairs of the House
of Representatives and the Senate a report notifying such
committees of such determination.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Department of Veterans Affairs to implement section 506 of the VA MISSION Act of 2018 (Public Law
115–182; 38 U.S.C. 1701 note), as amended by subsection (a), the
following amounts:
(1) $3,600,000 for fiscal year 2022.
(2) $7,200,000 for fiscal year 2023.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) The term ‘covered educational assistance benefits’
means educational assistance benefits provided pursuant to—
‘‘(A) chapter 30, 31, 32, or 33 of this title;
‘‘(B) chapter 1606 or 1607 of title 10;
‘‘(C) section 116 of the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115–48;
38 U.S.C. 3001 note); or
‘‘(D) section 8006 of the American Rescue Plan Act
of 2021 (Public Law 117–2; 38 U.S.C. 3001 note prec.).’’.
(b) GAO REPORT.—Not later than one year after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on Veterans’ Affairs of the
House of Representatives and the Senate a report assessing—
(1) the mental health needs of veterans pursuing a course
of education using covered educational assistance benefits (as
defined in section 1712A(h)(6) of title 38, United States Code,
as added by subsection (a)); and
(2) the efforts of the Department of Veterans Affairs to
address such mental health needs.
Definition.
Assessments.
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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’’;
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136 STAT. 5512
38 USC 1712A
note.
38 USC 1167.
PUBLIC LAW 117–328—DEC. 29, 2022
(B) in item (bb), by striking the period at the end
and inserting ‘‘; or’’; and
(C) by adding at the end the following;
‘‘(cc) coping with the effects of a suicide described
in subclause (III) of such clause.’’; and
(3) in subparagraph (C)(vii)—
(A) in subclause (I), by striking ‘‘or’’ at the end;
(B) in subclause (II), by striking the period at the
end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(III) veteran or member of the Armed Forces who
died by suicide.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply with respect to family members of a member or
veteran who died by suicide before, on, or after the date of the
enactment of this Act.
SEC. 404. MENTAL HEALTH CONSULTATIONS.
(a) MENTAL HEALTH CONSULTATIONS FOR VETERANS FILING FOR
COMPENSATION.—
(1) IN GENERAL.—Subchapter VI of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
Deadline.
Assessment.
38 USC
prec. 1101.
‘‘§ 1167. Mental health consultations
‘‘(a) IN GENERAL.—Not later than 30 days after the date on
which a veteran submits to the Secretary a claim for compensation
under this chapter for a service-connected disability relating to
a mental health diagnosis, the Secretary shall offer the veteran
a mental health consultation to assess the mental health needs
of, and care options for, the veteran.
‘‘(b) AVAILABILITY.—The Secretary shall—
‘‘(1) offer a veteran a consultation under subsection (a)
without regard to any previous denial or approval of a claim
of that veteran for a service-connected disability relating to
a mental health diagnosis; and
‘‘(2) ensure that a veteran offered a mental health consultation under subsection (a) may elect to receive such consultation
during the one-year period beginning on the date on which
the consultation is offered or during such longer period beginning on such date as the Secretary considers appropriate.
‘‘(c) RULE OF CONSTRUCTION.—A consultation provided to a
veteran under this section shall not be construed as a determination
that any disability of such veteran is service-connected for the
purposes of any benefit under the laws administered by the Secretary.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 11 of such title is amended by adding
at the end the following new item:
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‘‘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:
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5513
‘‘§ 2068. Mental health consultations
‘‘(a) IN GENERAL.—Not later than two weeks after the date
on which a veteran described in subsection (b) enters into a program
administered by the Homeless Programs Office of the Department,
the Secretary shall offer the veteran a mental health consultation
to assess the health needs of, and care options for, the veteran.
‘‘(b) VETERAN DESCRIBED.—A veteran described in this subsection is a veteran to whom a mental health consultation is not
offered or provided through the case management services of the
program of the Homeless Programs Office into which the veteran
enters.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 20 of such title is amended by adding
at the end the following new item:
38 USC 2068.
Deadline.
Assessment.
38 USC
prec. 2001.
‘‘2068. Mental health consultations.’’.
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TITLE V—RESEARCH
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SEC. 501. VETERANS INTEGRATION TO ACADEMIC LEADERSHIP PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS.
38 USC note
prec. 3001.
(a) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the Veterans Integration to Academic Leadership program of the Department of Veterans Affairs.
The report shall include the following:
(1) The number of medical centers of the Department,
institutions of higher learning, non-college degree programs,
and student veterans supported by the program, and relevant
trends since the program began.
(2) The staff and resources allocated to the program, and
relevant trends since the program began.
(3) An assessment of the outcomes and effectiveness of
the program in—
(A) supporting student veterans;
(B) connecting student veterans to needed services of
the Department or services provided by non-Department
entities;
(C) addressing the mental health needs of student
veterans;
(D) lowering the suicide risk of student veterans; and
(E) helping student veterans achieve educational goals.
(4) An assessment of barriers to expanding the program
and how the Secretary intends to address such barriers.
(5) An assessment of whether the program should be
expanded outside of the Office of Mental Health and Suicide
Prevention to support students veterans with needs unrelated
to mental health or suicide.
(b) UNIFORM BEST PRACTICES, GOALS, AND MEASURES.—The
Secretary shall establish best practices, goals, and measures for
the Veterans Integration to Academic Leadership program of the
Department that are uniform among the medical centers of the
Department.
(c) OUTREACH.—The Secretary shall conduct outreach among
the Armed Forces, veterans service organizations, institutions of
higher learning, and non-college degree programs with respect to
Assessments.
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136 STAT. 5514
PUBLIC LAW 117–328—DEC. 29, 2022
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).
38 USC 1701
note.
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Assessment.
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SEC. 502. IMPROVEMENT OF SLEEP DISORDER CARE FURNISHED BY
DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Pursuant to the analysis conducted under
subsection (b), the Secretary of Veterans Affairs shall take such
action as the Secretary considers appropriate to improve the assessment and treatment of veterans with sleep disorders, including
by conducting in-home sleep studies for veterans.
(b) ANALYSIS.—The Secretary shall conduct an analysis of the
ability of the Department of Veterans Affairs to treat sleep disorders
among veterans, including—
(1) assessment and treatment options for such disorders;
(2) barriers to care for such disorders, such as wait time,
travel time, and lack of staffing;
(3) the efficacy of the clinical practice guidelines of the
Department of Veterans Affairs and the Department of Defense
for such disorders; and
(4) the availability of and efficacy of the use by the Department of Veterans Affairs of cognitive behavioral therapy for
insomnia.
(c) REPORT.—Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Veterans’ Affairs of the Senate and the Committee on Veterans’
Affairs of the House of Representatives a report on—
(1) the findings from the analysis conducted under subsection (b); and
(2) any actions taken under subsection (a) to improve the
assessment and treatment of veterans with sleep disorders.
(d) AUTHORIZATION OF APPROPRIATIONS FOR IN-HOME SLEEP
STUDIES.—There is authorized to be appropriated to the Secretary
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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).
Deadline.
Determination.
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SEC. 504. STUDY ON TREATMENT FROM DEPARTMENT OF VETERANS
AFFAIRS FOR CO-OCCURRING MENTAL HEALTH AND SUBSTANCE USE DISORDERS.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
conduct a study examining—
(1) the availability of treatment programs for veterans with
co-occurring mental health and substance use disorders
(including both inpatient and outpatient care);
(2) any geographic disparities in access to such programs,
such as for rural and remote veterans; and
(3) the average wait times for care under such programs.
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Deadline.
Examination.
PUBL328
136 STAT. 5516
PUBLIC LAW 117–328—DEC. 29, 2022
(b) REPORT.—
(1) IN GENERAL.—Not later than two years after the date
of the enactment of this Act, the Secretary shall submit to
the Committee on Veterans’ Affairs of the Senate and the
Committee on Veterans’ Affairs of the House of Representatives
a report on the findings of the study conducted under subsection
(a).
(2) ELEMENTS.—The report required by paragraph (1) shall
include—
(A) any recommendations resulting from the study conducted under subsection (a) with respect to improving timeliness and quality of care and meeting treatment preferences for veterans with co-occurring mental health and
substance use disorders; and
(B) a description of any actions taken by the Secretary
to improve care for such veterans.
Recommendations.
SEC. 505. STUDY ON WORKLOAD OF SUICIDE PREVENTION TEAMS OF
DEPARTMENT OF VETERANS AFFAIRS.
Evaluation.
Determination.
List.
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38 USC 7303
note.
(a) IN GENERAL.—The Secretary of Veterans Affairs, acting
through the Under Secretary for Health and the Office of Mental
Health and Suicide Prevention, shall conduct a study evaluating
the workload of local suicide prevention teams of the Department
of Veterans Affairs.
(b) ELEMENTS.—The study conducted under subsection (a)
shall—
(1) identify the effects of the growth of the suicide prevention program of the Department on the workload of suicide
prevention teams;
(2) incorporate key practices for staffing model design in
determining suicide prevention staffing needs; and
(3) determine which facilities of the Department need
increased suicide prevention coordinator staffing to meet the
needs of veterans, with an emphasis placed on facilities with
high patient volume and facilities located in States with high
rates of veteran suicide.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Veterans’ Affairs of the Senate and the Committee on Veterans’
Affairs of the House of Representatives a report—
(1) on the findings of the study conducted under subsection
(a); and
(2) indicating any changes made to the staffing of suicide
prevention teams of the Department resulting from the determinations made under subsection (b)(3), including a list of
facilities of the Department where staffing was adjusted.
SEC. 506. EXPANSION OF SUICIDE PREVENTION AND MENTAL HEALTH
RESEARCH.
(a) RESEARCH ON MORAL INJURY.—The Secretary of Veterans
Affairs, acting through the Office of Research and Development
of the Department of Veterans Affairs, shall conduct suicide prevention and mental health care improvement research on how moral
injury relates to the mental health needs of veterans who served
in the Armed Forces after September 11, 2001, and best practices
for mental health treatment for such veterans.
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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.
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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.
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136 STAT. 5518
PUBLIC LAW 117–328—DEC. 29, 2022
DIVISION W—UNLEASHING AMERICAN
INNOVATORS ACT OF 2022
Unleashing
American
Innovators
Act of 2022.
35 USC 1 note.
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Unleashing American
Innovators Act of 2022’’.
35 USC 1 note.
SEC. 102. DEFINITIONS.
In this division:
(1) DIRECTOR.—The term ‘‘Director’’ means the Under Secretary of Commerce for Intellectual Property and Director of
the Office.
(2) OFFICE.—The term ‘‘Office’’ means the United States
Patent and Trademark Office.
(3) PATENT PRO BONO PROGRAMS.—The term ‘‘patent pro
bono programs’’ means the programs established pursuant to
section 32 of the Leahy-Smith America Invents Act (35 U.S.C.
2 note).
(4) SOUTHEAST REGION OF THE UNITED STATES.—The term
‘‘southeast region of the United States’’ means the area of
the United States that is comprised of the States of Virginia,
North Carolina, South Carolina, Georgia, Florida, Tennessee,
Alabama, Mississippi, Louisiana, and Arkansas.
SEC. 103. SATELLITE OFFICES.
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(a) AMENDMENTS TO
ATIONS.—Section 23 of the
PURPOSE AND REQUIRED CONSIDERLeahy-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
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136 STAT. 5519
group of innovators that the Director may determine to
be underrepresented in patent filings.’’.
(b) SOUTHEAST REGIONAL OFFICE.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the Director shall establish a satellite
office of the Office in the southeast region of the United States.
(2) CONSIDERATIONS.—When selecting a site for the office
required under paragraph (1), the Director shall consider the
following:
(A) The number of patent-intensive industries located
near the site.
(B) How many research-intensive institutions,
including institutions of higher education, are located near
the site.
(C) The State and local government legal and business
frameworks that support intellectual property-intensive
industries located near the site.
(c) STUDY ON ADDITIONAL SATELLITE OFFICES.—Not later than
2 years after the date of enactment of this Act, the Director shall
complete a study to determine whether additional satellite offices
of the Office are necessary to—
(1) achieve the purposes described in section 23(b) of the
Leahy-Smith America Invents Act (35 U.S.C. 1 note), as
amended by this section; and
(2) increase participation in the patent system by individual
inventors, small businesses, veterans, low-income populations,
students, rural populations, and any geographic group of
innovators that the Director may determine to be underrepresented in patent filings.
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SEC. 104. COMMUNITY OUTREACH OFFICES.
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(a) ESTABLISHMENT.—
(1) IN GENERAL.—Subject to paragraphs (2) and (3), not
later than 5 years after the date of enactment of this Act,
the Director shall establish not fewer than 4 community outreach offices throughout the United States.
(2) RESTRICTION.—No community outreach office established under paragraph (1) may be located in the same State
as—
(A) the principal office of the Office; or
(B) any satellite office of the Office.
(3) REQUIREMENT FOR NORTHERN NEW ENGLAND REGION.—
(A) IN GENERAL.—The Director shall establish not less
than 1 community outreach office under this subsection
in the northern New England region, which shall serve
the States of Vermont, New Hampshire, and Maine.
(B) CONSIDERATIONS.—In determining the location for
the office required to be established under subparagraph
(A), the Director shall give preference to a location in
which—
(i) as of the date of enactment of this Act—
(I) there is located not less than 1 public
institution of higher education and not less than
1 private institution of higher education; and
(II) there are located not more than 15 registered patent attorneys, according to data from
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
35 USC 2 note.
SEC. 105. UPDATES TO THE PATENT PRO BONO PROGRAMS.
(a) STUDY AND UPDATES.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Director shall—
(A) complete a study of the patent pro bono programs;
and
(B) submit the results of the study required under
subparagraph (A) to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the
House of Representatives.
(2) SCOPE OF THE STUDY.—The study required under paragraph (1)(A) shall—
(A) assess—
(i) whether the patent pro bono programs, as in
effect on the date on which the study is commenced,
are sufficiently serving prospective and existing participants;
(ii) whether the patent pro bono programs are
sufficiently funded to serve prospective participants;
(iii) whether any participation requirement of the
patent pro bono programs, including any requirement
to demonstrate knowledge of the patent system, serves
as a deterrent for prospective participants;
(iv) the degree to which prospective inventors are
aware of the patent pro bono programs;
(v) what factors, if any, deter attorneys from
participating in the patent pro bono programs;
(vi) whether the patent pro bono programs would
be improved by expanding those programs to include
non-attorney advocates; and
Deadline.
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Assessment.
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136 STAT. 5521
(vii) any other issue the Director determines appropriate; and
(B) make recommendations for such administrative and
legislative action as may be appropriate.
(b) USE OF RESULTS.—Upon completion of the study required
under subsection (a), the Director shall work with the Pro Bono
Advisory Council, the operators of the patent pro bono programs,
and intellectual property law associations across the United States
to update the patent pro bono programs in response to the findings
of the study.
(c) EXPANSION OF INCOME ELIGIBILITY.—
(1) IN GENERAL.—The Director shall work with and support,
including by providing financial support to, existing patent
pro bono programs and intellectual property law associations
across the United States to expand eligibility for the patent
pro bono programs to an individual living in a household,
the gross household income of which is not more than 400
percent of the Federal poverty line.
(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) may
be construed to prevent a patent pro bono program from electing
to establish a higher eligibility level, as compared to the level
described in that paragraph.
Recommendations.
Update.
SEC. 106. PRE-PROSECUTION ASSESSMENT PILOT PROGRAM.
35 USC 131 note.
(a) PILOT PROGRAM.—Not later than 1 year after the date
of enactment of this Act, the Director shall establish a pilot program
to assist first-time prospective patent applicants in assessing the
strengths and weaknesses of a potential patent application submitted by such a prospective applicant.
(b) CONSIDERATIONS.—In developing the pilot program required
under subsection (a), the Director shall establish—
(1) a notification process to notify a prospective patent
applicant seeking an assessment described in that subsection
that any assessment so provided may not be considered an
official ruling of patentability from the Office;
(2) conditions to determine eligibility for the pilot program,
taking into consideration available resources;
(3) reasonable limitations on the amount of time to be
spent providing assistance to each individual first-time prospective patent applicant;
(4) procedures for referring prospective patent applicants
to legal counsel, including through the patent pro bono programs; and
(5) procedures to protect the confidentiality of the information disclosed by prospective patent applicants.
Deadline.
Assessments.
Notification.
Procedures.
Procedures.
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SEC. 107. FEE REDUCTION FOR SMALL AND MICRO ENTITIES.
(a) TITLE 35.—Section 41(h) of title 35, United States Code,
is amended—
(1) in paragraph (1), by striking ‘‘50 percent’’ and inserting
‘‘60 percent’’; and
(2) in paragraph (3), by striking ‘‘75 percent’’ and inserting
‘‘80 percent’’.
(b) FALSE CERTIFICATIONS.—Title 35, United States Code, is
amended—
(1) in section 41, by adding at the end the following:
‘‘(j) PENALTY FOR FALSE ASSERTIONS.—In addition to any other
penalty available under law, an entity that is found to have falsely
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PUBL328
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Deadline.
Assessments.
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asserted entitlement to a fee reduction under this section shall
be subject to a fine, to be determined by the Director, the amount
of which shall be not less than 3 times the amount that the
entity failed to pay as a result of the false assertion, whether
the Director discovers the false assertion before or after the date
on which a patent has been issued.’’; and
(2) in section 123, by adding at the end the following:
‘‘(f) PENALTY FOR FALSE CERTIFICATIONS.—In addition to any
other penalty available under law, an entity that is found to have
falsely made a certification under this section shall be subject
to a fine, to be determined by the Director, the amount of which
shall be not less than 3 times the amount that the entity failed
to pay as a result of the false certification, whether the Director
discovers the false certification before or after the date on which
a patent has been issued.’’.
(c) LEAHY-SMITH AMERICA INVENTS ACT.—Section 10(b) of the
Leahy Smith America Invents Act (35 U.S.C. 41 note) is amended—
(1) by striking ‘‘50 percent’’ and inserting ‘‘60 percent’’;
and
(2) by striking ‘‘75 percent’’ and inserting ‘‘80 percent’’.
(d) STUDY ON FEES.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Director shall—
(A) complete a study of the fees charged by the Office;
and
(B) submit the results of the study required under
subparagraph (A) to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the
House of Representatives.
(2) SCOPE OF STUDY.—The study required under paragraph
(1)(A) shall—
(A) assess whether—
(i) fees for small and micro entities are inhibiting
the filing of patent applications by those entities;
(ii) fees for examination should approximately
match the costs of examination and what incentives
are created by using maintenance fees to cover the
costs of examination; and
(iii) the results of the assessments performed
under clauses (i) and (ii) counsel in favor of changes
to the fee structure of the Office, such as—
(I) raising standard application and examination fees;
(II) reducing standard maintenance fees; and
(III) reducing the fees for small and micro
entities as a percentage of standard application
fees; and
(B) make recommendations for such administrative and
legislative action as may be appropriate.
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PUBLIC LAW 117–328—DEC. 29, 2022
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—CONTRACT ACT OF 2022
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Continuity for Operators
with Necessary Training Required for ATC Contract Towers Act
of 2022’’ or the ‘‘CONTRACT Act of 2022’’.
SEC. 102. ANNUITY SUPPLEMENT.
Continuity for
Operators with
Necessary
Training
Required for ATC
Contract Towers
Act of 2022.
5 USC 101 note.
Section 8421a(c) of title 5, United States Code, is amended—
(1) by striking ‘‘as an air traffic’’ and inserting the following:
‘‘as an—
‘‘(1) air traffic’’;
(2) in paragraph (1), as so designated, by striking the
period at the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(2) air traffic controller pursuant to a contract made with
the Secretary of Transportation under section 47124 of title
49.’’.
DIVISION Z—COVS ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Computers for Veterans
and Students Act of 2022’’ or the ‘‘COVS Act’’.
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SEC. 102. FINDINGS.
Congress finds the following:
(1) Access to computers and computer technology is
indispensable for success in the 21st century. Millions of Americans do not regularly use a computer and research shows
that substantial disparities remain in both internet use and
the quality of access, with the digital divide concentrated among
older, less educated, less affluent populations, especially veterans, low-income students, and senior citizens.
(2) The COVID–19 pandemic has highlighted the gap
between those with computer access and those without. Millions
of students, their families, and workers from across the economy
were unable to do schoolwork, work remotely from home, or
connect to loved ones and their communities because of the
digital divide.
(3) Any Federal program that distributes surplus, repairable Federal computers or technology equipment would benefit
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Computers for
Veterans and
Students Act of
2022.
40 USC 101 note.
40 USC 549a
note.
PUBL328
136 STAT. 5524
PUBLIC LAW 117–328—DEC. 29, 2022
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:
40 USC 549a.
Deadline.
Transfer
authority.
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‘‘§ 549a. Donation of personal property through nonprofit
refurbishers
‘‘(a) AUTHORIZATION.—Not later than 30 days after the date
on which the Administrator provides State agencies for surplus
property an opportunity to review surplus computer or technology
equipment under section 549, the Administrator shall, as appropriate, transfer full title to such surplus computer or technology
equipment that is determined to be eligible under subsection (b)(1)
to nonprofit computer refurbishers for repair, distribution, and subsequent transfer of full title of the equipment to eligible recipients
under this section.
‘‘(b) ELIGIBILITY, PARTICIPATION, AND DUTIES.—
‘‘(1) ELIGIBILITY.—Surplus computer or technology equipment is eligible for transfer under this section if a Federal
agency determines that—
‘‘(A) the surplus computer or technology equipment
is repairable; and
‘‘(B) the surplus computer or technology equipment
meets the Guidelines for Media Sanitization issued by the
National Institute of Standards and Technology (NIST Special Publication 800–88), or any successor thereto.
‘‘(2) PARTICIPATION.—The Administrator may establish
partnerships with nongovernmental entities, at no cost and
through cooperative agreements, to facilitate the identification
and participation of nonprofit computer refurbishers under this
section.
‘‘(3) DUTIES OF REFURBISHERS.—A nonprofit computer refurbisher that receives surplus computer or technology equipment
under this section shall—
‘‘(A) make necessary repairs to restore the surplus
computer or technology equipment to working order;
‘‘(B) distribute the repaired surplus computer or technology equipment to eligible recipients at no cost, except
to the extent—
‘‘(i) necessary to facilitate shipping and handling
of such equipment; and
‘‘(ii) that such cost is consistent with any regulations promulgated by the Administrator under subsection (d);
‘‘(C) offer training programs on the use of the repaired
computers and technology equipment for the recipients of
the equipment; and
‘‘(D) use recyclers to the maximum extent practicable
in the event that surplus computer or technology equipment
transferred under this section cannot be repaired or reused.
‘‘(c) REPORTING REQUIREMENTS.—
‘‘(1) REFURBISHER REPORTS.—A nonprofit computer refurbisher that receives surplus computer or technology equipment
under this section shall provide the Administrator with any
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PUBLIC LAW 117–328—DEC. 29, 2022
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) ADMINISTRATOR REPORTS.—Annually and consistent
with reporting requirements for transfers of Federal personal
property to non-Federal entities, the Administrator shall submit
to Congress and make publicly available a report that includes,
for the period covered by the report—
‘‘(A) a description of the efforts of the Administrator
under this section;
‘‘(B) a list of nongovernmental entities with which the
Administrator had a partnership described in subsection
(b)(2);
‘‘(C) a list of nonprofit computer refurbishers that
received, made repairs to, and distributed surplus computer
and technology equipment, including disclosure of any foreign ownership interest in a nonprofit computer refurbisher; and
‘‘(D) a list of donated and subsequently repaired surplus computer or technology equipment identifying—
‘‘(i) the Federal agency that donated the surplus
computer or technology equipment;
‘‘(ii) the State and county (or similar unit of local
government) where the recipient is located; and
‘‘(iii) whether the recipient is an educational
institution, individual with disabilities, low-income
individual, student, senior in need, or veteran.
‘‘(3) AGENCY REPORTS.—Not later than 5 years after the
date of enactment of this section, and annually thereafter,
the head of each Federal agency shall make publicly available
a report on the number of pieces of repairable surplus computer
or technology equipment that were sent to recycling, abandoned,
or destroyed.
‘‘(d) REGULATIONS.—The Administrator shall issue regulations
that are necessary and appropriate to implement this section,
including—
‘‘(1) allowing nonprofit computer refurbishers to assess
nominal fees (which shall not exceed fair market value) on
recipients of refurbished surplus computer or technology equipment to facilitate shipping and handling of the surplus computer or technology equipment;
‘‘(2) determining, in coordination with other relevant Federal agencies, eligibility and certification requirements for nongovernmental entities and nonprofit computer refurbishers to
participate in the program established under this section,
including whether the participation of a nongovernmental
entity or nonprofit computer refurbisher poses any actual or
potential harm to the national security interests of the United
States;
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Public
information.
Lists.
Public
information.
Determination.
PUBL328
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‘‘(3) establishing an efficient process for identifying eligible
recipients; and
‘‘(4) determining appropriate recyclers to dispose of surplus
computer or technology equipment if it cannot be repaired
or refurbished under this section.
‘‘(e) JUDICIAL REVIEW.—Nothing in this section shall be construed to create any substantive or procedural right or benefit
enforceable by law by a party against the United States, its agencies, its officers, or its employees.
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to supersede the requirements of the Stevenson-Wydler
Technology Innovation Act of 1980 (Public Law 96–480; 15 U.S.C.
3701 et seq.).
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the
Administrator of General Services.
‘‘(2) DIGITAL DIVIDE.—The term ‘digital divide’ means the
gap between those who have an internet-connected computer
and the skills to use the computer and those who do not.
‘‘(3) DISABILITY.—The term ‘disability’ has the meaning
given that term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
‘‘(4) EDUCATIONAL INSTITUTION.—The term ‘educational
institution’ means—
‘‘(A) any public or private child care center, preschool,
elementary school, secondary school, accredited institution
of vocational or professional education, or institution of
higher education;
‘‘(B) in the case of an accredited institution of vocational or professional education or an institution of higher
education composed of more than 1 school, college, or
department that is administratively a separate unit, each
such school, college, or department; and
‘‘(C) a home school (whether treated as a home school
or private school for the purposes of applicable State law).
‘‘(5) ELIGIBLE RECIPIENT.—The term ‘eligible recipient’
means an educational institution, individual with a disability,
low-income individual, student, senior in need, or veteran that
is residing or based in the United States.
‘‘(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given that term
in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
‘‘(7) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ has the meaning given that term in section 351 of
the Small Business Investment Act of 1958 (15 U.S.C. 689).
‘‘(8) NONGOVERNMENTAL ENTITY.—The term ‘nongovernmental entity’ means an organization or group of organizations
that—
‘‘(A) are not part of a Federal, State, local, Tribal,
or territorial government; and
‘‘(B) are nonprofit computer refurbishers or other
industry participants that—
‘‘(i) primarily work to improve access to information and communication technology in their mission
to bridge the digital divide through coordination and
oversight of computer refurbishment and repair; and
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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) 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:
40 USC
prec. 501.
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‘‘549a. Donation of personal property through nonprofit refurbishers.’’.
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136 STAT. 5528
PUBLIC LAW 117–328—DEC. 29, 2022
DIVISION AA—FINANCIAL SERVICES
MATTERS
TITLE I—REGISTRATION FOR INDEXLINKED ANNUITIES
15 USC 77s note.
SEC.
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04:00 Jun 29, 2023
PARITY FOR REGISTERED INDEX-LINKED
REGARDING REGISTRATION RULES.
ANNUITIES
(a) DEFINITIONS.—In this section:
(1) COMMISSION.—The term ‘‘Commission’’ means the Securities and Exchange Commission.
(2) INVESTMENT COMPANY.—The term ‘‘investment company’’ has the meaning given the term in section 3 of the
Investment Company Act of 1940 (15 U.S.C. 80a–3).
(3) MARKET VALUE ADJUSTMENT.—The term ‘‘market value
adjustment’’ means, with respect to a registered index-linked
annuity, after an early withdrawal or contract discontinuance—
(A) an adjustment to the value of that annuity based
on calculations using a predetermined formula; or
(B) a change in interest rates (or other factor, as determined by the Commission) that apply to that annuity.
(4) PURCHASER.—The term ‘‘purchaser’’ means a purchaser
of a registered index-linked annuity.
(5) REGISTERED INDEX-LINKED ANNUITY.—The term ‘‘registered index-linked annuity’’ means an annuity—
(A) that is deemed to be a security;
(B) that is registered with the Commission in accordance with section 5 of the Securities Act of 1933 (15 U.S.C.
77e);
(C) that is issued by an insurance company that is
subject to the supervision of—
(i) the insurance commissioner or bank commissioner of any State; or
(ii) any agency or officer performing like functions
as a commissioner described in clause (i);
(D) that is not issued by an investment company; and
(E) the returns of which—
(i) are based on the performance of a specified
benchmark index or rate (or a registered exchange
traded fund that seeks to track the performance of
a specified benchmark index or rate); and
(ii) may be subject to a market value adjustment
if amounts are withdrawn before the end of the period
during which that market value adjustment applies.
(6) SECURITY.—The term ‘‘security’’ has the meaning given
the term in section 2(a) of the Securities Act of 1933 (15
U.S.C. 77b(a)).
(b) RULES.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Commission shall propose, and,
not later than 18 months after the date of enactment of this
Act, the Commission shall prepare and finalize, new or amended
rules, as appropriate, to establish a new form in accordance
with paragraph (2) on which an issuer of a registered indexlinked annuity may register that registered index-linked
Deadlines.
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PUBLIC LAW 117–328—DEC. 29, 2022
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—MASIH ALINEJAD HUNT ACT
OF 2022
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SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Masih Alinejad Harassment
and Unlawful Targeting Act of 2022’’ or the ‘‘Masih Alinejad HUNT
Act of 2022’’.
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Masih Alinejad
Harassment and
Unlawful
Targeting Act of
2022.
22 USC 8501
note.
PUBL328
136 STAT. 5530
22 USC 8561.
Jamshid
Sharmand.
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Habib Chabi.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 202. FINDINGS.
Congress finds that the Government of the Islamic Republic
of Iran surveils, harasses, terrorizes, tortures, abducts, and murders
individuals who peacefully defend human rights and freedoms in
Iran, and innocent entities and individuals considered by the
Government of Iran to be enemies of that regime, including United
States citizens on United States soil, and takes foreign nationals
hostage, including in the following instances:
(1) In 2021, Iranian intelligence agents were indicted for
plotting to kidnap United States citizen, women’s rights activist,
and journalist Masih Alinejad, from her home in New York
City, in retaliation for exercising her rights under the First
Amendment to the Constitution of the United States. Iranian
agents allegedly spent at least approximately half a million
dollars to capture the outspoken critic of the authoritarianism
of the Government of Iran, and studied evacuating her by
military-style speedboats to Venezuela before rendition to Iran.
(2) Prior to the New York kidnapping plot, Ms. Alinejad’s
family in Iran was instructed by authorities to lure Ms. Alinejad
to Turkey. In an attempt to intimidate her into silence, the
Government of Iran arrested 3 of Ms. Alinejad’s family members
in 2019, and sentenced her brother to 8 years in prison for
refusing to denounce her.
(3) According to Federal prosecutors, the same Iranian
intelligence network that allegedly plotted to kidnap Ms.
Alinejad is also targeting critics of the Government of Iran
who live in Canada, the United Kingdom, and the United
Arab Emirates.
(4) In 2021, an Iranian diplomat was convicted in Belgium
of attempting to carry out a 2018 bombing of a dissident rally
in France.
(5) In 2021, a Danish high court found a Norwegian citizen
of Iranian descent guilty of illegal espionage and complicity
in a failed plot to kill an Iranian Arab dissident figure in
Denmark.
(6) In 2021, the British Broadcasting Corporation (BBC)
appealed to the United Nations to protect BBC Persian
employees in London who suffer regular harassment and
threats of kidnapping by Iranian government agents.
(7) In 2021, 15 militants allegedly working on behalf of
the Government of Iran were arrested in Ethiopia for plotting
to attack citizens of Israel, the United States, and the United
Arab Emirates, according to United States officials.
(8) In 2020, Iranian agents allegedly kidnapped United
States resident and Iranian-German journalist Jamshid
Sharmahd, while he was traveling to India through Dubai.
Iranian authorities announced they had seized Mr. Sharmahd
in ‘‘a complex operation’’, and paraded him blindfolded on state
television. Mr. Sharmahd is arbitrarily detained in Iran, allegedly facing the death penalty. In 2009, Mr. Sharmahd was
the target of an alleged Iran-directed assassination plot in
Glendora, California.
(9) In 2020, the Government of Turkey released counterterrorism files exposing how Iranian authorities allegedly collaborated with drug gangs to kidnap Habib Chabi, an IranianSwedish activist for Iran’s Arab minority. In 2020, the Government of Iran allegedly lured Mr. Chabi to Istanbul through
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PUBLIC LAW 117–328—DEC. 29, 2022
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) In 2019, 2 Iranian intelligence officers at the Iranian
consulate in Turkey allegedly orchestrated the assassination
of Iranian dissident journalist Masoud Molavi Vardanjani, who
was shot while walking with a friend in Istanbul. Unbeknownst
to Mr. Molavi, his ‘‘friend’’ was in fact an undercover Iranian
agent and the leader of the killing squad, according to a Turkish
police report.
(12) In 2019, around 1,500 people were allegedly killed
amid a less than 2 week crackdown by security forces on
anti-government protests across Iran, including at least an
alleged 23 children and 400 women.
(13) In 2019, Iranian operatives allegedly lured Paris-based
Iranian journalist Ruhollah Zam to Iraq, where he was
abducted, and hanged in Iran for sedition.
(14) In 2019, a Kurdistan regional court convicted an Iranian female for trying to lure Voice of America reporter Ali
Javanmardi to a hotel room in Irbil, as part of a foiled Iranian
intelligence plot to kidnap and extradite Mr. Javanmardi, a
critic of the Government of Iran.
(15) In 2019, Federal Bureau of Investigation agents visited
the rural Connecticut home of Iran-born United States author
and poet Roya Hakakian to warn her that she was the target
of an assassination plot orchestrated by the Government of
Iran.
(16) In 2019, the Government of the Netherlands accused
the Government of Iran of directing the assassination of Iranian
Arab activist Ahmad Mola Nissi, in The Hague, and the assassination of another opposition figure, Reza Kolahi Samadi, who
was murdered near Amsterdam in 2015.
(17) In 2018, German security forces searched for 10 alleged
spies who were working for Iran’s al-Quds Force to collect
information on targets related to the local Jewish community,
including kindergartens.
(18) In 2017, Germany convicted a Pakistani man for
working as an Iranian agent to spy on targets including a
former German lawmaker and a French-Israeli economics professor.
(19) In 2012, an Iranian American pleaded guilty to conspiring with members of the Iranian military to bomb a popular
Washington, DC, restaurant with the aim of assassinating the
ambassador of Saudi Arabia to the United States.
(20) In 1996, agents of the Government of Iran allegedly
assassinated 5 Iranian dissident exiles across Turkey, Pakistan,
and Baghdad, over a 5-month period that year.
(21) In 1992, the Foreign and Commonwealth Office of
the United Kingdom expelled 2 Iranians employed at the Iranian Embassy in London and a third Iranian on a student
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Masoud Molavi
Vardanjani.
Ruhollah Zam.
Ali Javanmardi.
Roya Hakakian.
Ahmad Mola
Nissi.
Reza Kolahi
Samadi.
Salman Rushdie.
PUBL328
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) In 1992, singer, actor, poet, and gay Iranian dissident
Fereydoun Farrokhzad was found dead with multiple stab
wounds in his apartment in Germany. His death is allegedly
the work of Iran-directed agents.
(24) In 1980, Ali Akbar Tabatabaei, a leading critic of
Iran and then president of the Iran Freedom Foundation, was
murdered in front of his Bethesda, Maryland, home by an
assassin disguised as a postal courier. The Federal Bureau
of Investigation had identified the ‘‘mailman’’ as Dawud
Salahuddin, born David Theodore Belfield. Mr. Salahuddin was
working as a security guard at an Iranian interest office in
Washington, DC, when he claims he accepted the assignment
and payment of $5,000 from the Government of Iran to kill
Mr. Tabatabaei.
(25) Other exiled Iranian dissidents alleged to have been
victims of the Government of Iran’s murderous extraterritorial
campaign include Shahriar Shafiq, Shapour Bakhtiar, and
Gholam Ali Oveissi.
(26) Iranian Americans face an ongoing campaign of intimidation both in the virtual and physical world by agents and
affiliates of the Government of Iran, which aims to stifle
freedom of expression and eliminate the threat Iranian authorities believe democracy, justice, and gender equality pose to
their rule.
Fereydoun
Farrokhzad.
Ali Akbar
Tabatabaei.
Dawud
Salahuddin.
Shahriar Shafiq.
Shapour
Bakhtiar.
Gholam Ali
Oveissi.
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22 USC 8562.
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 203. DEFINITIONS.
In this title:
(1) ADMISSION; ADMITTED; ALIEN.—The terms ‘‘admission’’,
‘‘admitted’’, and ‘‘alien’’ have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on the Judiciary,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
(3)
CORRESPONDENT
ACCOUNT;
PAYABLE-THROUGH
ACCOUNT.—The terms ‘‘correspondent account’’ and ‘‘payablethrough 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)).
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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SEC. 204. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT
TO PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT
IN ABUSES TOWARD DISSIDENTS ON BEHALF OF THE
GOVERNMENT OF IRAN.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National
Intelligence, and the Attorney General, shall submit to the
appropriate congressional committees a report that—
(A) includes a detailed description and assessment of—
(i) the state of human rights and the rule of law
inside Iran, including the treatment of marginalized
individuals and communities in Iran;
(ii) actions taken by the Government of Iran during
the year preceding submission of the report to target
and silence dissidents both inside and outside of Iran
who advocate for human rights inside Iran;
(iii) the methods used by the Government of Iran
to target and silence dissidents both inside and outside
of Iran; and
(iv) the means through which the Government of
Iran finances efforts to target and silence dissidents
both inside and outside of Iran and the amount of
that financing;
(B) identifies foreign persons working as part of the
Government of Iran or acting on behalf of that Government
or its proxies that are involved in harassment and surveillance and that the Secretary of State may also, as appropriate, determine, in consultation with the Secretary of
the Treasury, are knowingly responsible for, complicit in,
or involved in ordering, conspiring, planning, or implementing the surveillance, harassment, kidnapping, illegal
extradition, imprisonment, torture, killing, or assassination, on or after the date of the enactment of this Act,
of citizens of Iran (including citizens of Iran of dual nationality) or citizens of the United States, inside or outside
Iran, who seek—
(i) to expose illegal or corrupt activity carried out
by officials of the Government of Iran; or
(ii) to obtain, exercise, defend, or promote the
human rights of individuals, including members of
marginalized communities, in Iran; and
(C) includes, for each foreign person identified under
subparagraph (B), a clear explanation for why the foreign
person was so identified.
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22 USC 8563.
Assessment.
Determination.
PUBL328
136 STAT. 5534
Time period.
Web posting.
President.
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President.
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PUBLIC LAW 117–328—DEC. 29, 2022
(2) UPDATES OF REPORT.—The report required by paragraph
(1) shall be updated, and the updated version submitted to
the appropriate congressional committees, during the 10-year
period following the date of the enactment of this Act—
(A) not less frequently than annually; and
(B) with respect to matters relating to the identification
of foreign persons under paragraph (1)(B), on an ongoing
basis as appropriate.
(3) FORM OF REPORT.—
(A) IN GENERAL.—Each report required by paragraph
(1) and each update required by paragraph (2) shall be
submitted in unclassified form but may include a classified
annex.
(B) PUBLIC AVAILABILITY.—The Secretary of State shall
post the unclassified portion of each report required by
paragraph (1) and each update required by paragraph (2)
on a publicly available internet website of the Department
of State.
(b) IMPOSITION OF SANCTIONS.—In the case of a foreign person
identified under paragraph (1)(B) of subsection (a) in the most
recent report or update submitted under that subsection, the President shall impose the sanctions described in subsection (c), pursuant
to this section or an appropriate Executive authority.
(c) SANCTIONS DESCRIBED.—The sanctions described in this subsection are the following:
(1) BLOCKING OF PROPERTY.—The President shall exercise
all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in all
property and interests in property of a foreign person described
in subsection (a)(1)(B) if such property and interests in property
are in the United States, come within the United States, or
are or come within the possession or control of a United States
person.
(2) INADMISSIBILITY OF CERTAIN INDIVIDUALS .—
(A) INELIGIBILITY FOR VISAS AND ADMISSION TO THE
UNITED STATES.—In the case of a foreign person described
in subsection (a)(1)(B) who is an individual, the individual
is—
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(B) CURRENT VISAS REVOKED.—
(i) IN GENERAL.—The visa or other entry documentation of an individual described in subparagraph
(A) shall be revoked, regardless of when such visa
or other entry documentation is or was issued.
(ii) IMMEDIATE EFFECT.—A revocation under clause
(i) shall—
(I) take effect immediately; and
(II) automatically cancel any other valid visa
or entry documentation that is in the individual’s
possession.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5535
SEC. 205. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT
TO FOREIGN FINANCIAL INSTITUTIONS CONDUCTING
SIGNIFICANT TRANSACTIONS WITH PERSONS RESPONSIBLE FOR OR COMPLICIT IN ABUSES TOWARD DISSIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.
22 USC 8564.
(a) REPORT REQUIRED.—Not earlier than 30 days and not later
than 60 days after the Secretary of State submits to the appropriate
congressional committees a report required by section 204(a), the
Secretary of the Treasury, in consultation with the Secretary of
State, shall submit to the appropriate congressional committees
a report that identifies any foreign financial institution that knowingly conducts a significant transaction with a foreign person identified in the report submitted under section 204(a) on or after the
date on which the foreign person is identified in that report.
(b) IMPOSITION OF SANCTIONS.—The Secretary of the Treasury
may prohibit the opening, or prohibit or impose strict conditions
on the maintaining, in the United States of a correspondent account
or a payable-through account by a foreign financial institution
identified under subsection (a).
SEC. 206. EXCEPTIONS; WAIVERS; IMPLEMENTATION.
22 USC 8565.
(a) EXCEPTIONS.—
(1) EXCEPTION
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FOR INTELLIGENCE, LAW ENFORCEMENT, AND
NATIONAL SECURITY ACTIVITIES.—Sanctions under sections 204
and 205 shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United States.
(2) EXCEPTION TO COMPLY WITH UNITED NATIONS HEADQUARTERS AGREEMENT.—Sanctions under section 204(c)(2) shall
not apply with respect to the admission of an individual to
the United States if the admission of the individual is necessary
to permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations, signed at
Lake Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United States,
the Convention on Consular Relations, done at Vienna April
24, 1963, and entered into force March 19, 1967, or other
applicable international obligations.
(b) NATIONAL INTERESTS WAIVER.—The President may waive
the application of sanctions under section 204 with respect to a
person if the President—
(1) determines that the waiver is in the national interests
of the United States; and
(2) submits to the appropriate congressional committees
a report on the waiver and the reasons for the waiver.
(c) IMPLEMENTATION; PENALTIES.—
(1) IMPLEMENTATION.—The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this title.
(2) PENALTIES.—A person that violates, attempts to violate,
conspires to violate, or causes a violation of section 204(c)(1)
or 205(b) or any regulation, license, or order issued to carry
out either such section shall be subject to the penalties set
forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
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Reports.
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22 USC 8566.
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 207. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) IN GENERAL.—Notwithstanding any other provision of this
title, the authorities and requirements to impose sanctions under
this title shall not include the authority or a requirement to impose
sanctions on the importation of goods.
(b) GOOD DEFINED.—In this section, the term ‘‘good’’ means
any article, natural or manmade substance, material, supply or
manufactured product, including inspection and test equipment,
and excluding technical data.
TITLE III—TRADING PROHIBITIONS
SEC. 301. TRADING PROHIBITION FOR 2 CONSECUTIVE NON-INSPECTION YEARS.
Section 104(i) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7214(i)) is amended—
(1) in paragraph (2)(A)(ii), by striking ‘‘the foreign jurisdiction described in clause (i)’’ and inserting ‘‘a foreign jurisdiction’’; and
(2) in paragraph (3)—
(A) in the paragraph heading, by striking ‘‘3’’ and
inserting ‘‘2’’; and
(B) in subparagraph (A), in the matter preceding clause
(i), by striking ‘‘3’’ and inserting ‘‘2’’.
TITLE IV—ANTI-MONEY LAUNDERING
WHISTLEBLOWER IMPROVEMENT
SEC. 401. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.
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(a) IN GENERAL.—Section 5323 of title 31, United States Code,
as amended by section 6314 of the Anti-Money Laundering Act
of 2020 (division F of Public Law 116–283) is amended by striking
subsection (b) and inserting the following:
‘‘(b) AWARDS.—
‘‘(1) IN GENERAL.—In any covered judicial or administrative
action, or related action, the Secretary, under regulations prescribed by the Secretary, in consultation with the Attorney
General and subject to subsection (c), shall pay an award or
awards to 1 or more whistleblowers who voluntarily provided
original information to the employer of the individual, the
Secretary, or the Attorney General, as applicable, that led
to the successful enforcement of the covered judicial or administrative action, or related action, in an aggregate amount equal
to—
‘‘(A) not less than 10 percent, in total, of what has
been collected of the monetary sanctions imposed in the
action or related actions; and
‘‘(B) not more than 30 percent, in total, of what has
been collected of the monetary sanctions imposed in the
action or related actions.
‘‘(2) PAYMENT OF AWARDS.—
‘‘(A) IN GENERAL.—Any amount paid under paragraph
(1) shall be paid from the Fund established under paragraph (3).
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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
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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 selfregulatory 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.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(ii) CONTROL.—The term ‘control’ means the
power, directly or indirectly, to direct the management
or policies of a company, whether through ownership
of securities, by contract, or otherwise. There is a
presumption of control if, upon completion of a transaction, the buyer or group of buyers—
‘‘(I) has the right to vote 25 percent or more
of a class of voting securities or the power to
sell or direct the sale of 25 percent or more of
a class of voting securities; or
‘‘(II) in the case of a partnership or limited
liability company, has the right to receive upon
dissolution, or has contributed, 25 percent or more
of the capital.
‘‘(iii) ELIGIBLE PRIVATELY HELD COMPANY.—The
term ‘eligible privately held company’ means a privately held company that meets both of the following
conditions:
‘‘(I) The company does not have any class of
securities registered, or required to be registered,
with the Commission under section 12 or with
respect to which the company files, or is required
to file, periodic information, documents, and
reports under subsection (d).
‘‘(II) In the fiscal year ending immediately
before the fiscal year in which the services of the
M&A broker are initially engaged with respect
to the securities transaction, the company meets
either or both of the following conditions (determined in accordance with the historical financial
accounting records of the company):
‘‘(aa) The earnings of the company before
interest, taxes, depreciation, and amortization
are less than $25,000,000.
‘‘(bb) The gross revenues of the company
are less than $250,000,000.
For purposes of this subclause, the Commission
may by rule modify the dollar figures if the
Commission determines that such a modification
is necessary or appropriate in the public interest
or for the protection of investors.
‘‘(iv) M&A BROKER.—The term ‘M&A broker’
means a broker, and any person associated with a
broker, engaged in the business of effecting securities
transactions solely in connection with the transfer of
ownership of an eligible privately held company,
regardless of whether the broker acts on behalf of
a seller or buyer, through the purchase, sale, exchange,
issuance, repurchase, or redemption of, or a business
combination involving, securities or assets of the
eligible privately held company, if the broker reasonably believes that—
‘‘(I) upon consummation of the transaction, any
person acquiring securities or assets of the eligible
privately held company, acting alone or in concert—
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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) if any person is offered securities in
exchange for securities or assets of the eligible
privately held company, such person will, prior
to becoming legally bound to consummate the
transaction, receive or have reasonable access to
the most recent fiscal year-end financial statements of the issuer of the securities as customarily
prepared by the management of the issuer in the
normal course of operations and, if the financial
statements of the issuer are audited, reviewed,
or compiled, any related statement by the independent accountant, a balance sheet dated not
more than 120 days before the date of the offer,
and information pertaining to the management,
business, results of operations for the period covered by the foregoing financial statements, and
material loss contingencies of the issuer.
‘‘(v) SHELL COMPANY.—The term ‘shell company’
means a company that at the time of a transaction
with an eligible privately held company—
‘‘(I) has no or nominal operations; and
‘‘(II) has—
‘‘(aa) no or nominal assets;
‘‘(bb) assets consisting solely of cash and
cash equivalents; or
‘‘(cc) assets consisting of any amount of
cash and cash equivalents and nominal other
assets.
‘‘(F) INFLATION ADJUSTMENT.—
‘‘(i) IN GENERAL.—On the date that is 5 years
after the date of the enactment of this paragraph,
and every 5 years thereafter, each dollar amount in
subparagraph (E)(iii)(II) shall be adjusted by—
‘‘(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private
Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the
calendar year preceding the calendar year in which
the adjustment is being made by the annual value
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Time period.
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15 USC 78o note.
PUBLIC LAW 117–328—DEC. 29, 2022
of such index (or successor) for the calendar year
ending December 31, 2020; and
‘‘(II) multiplying such dollar amount by the
quotient obtained under subclause (I).
‘‘(ii) ROUNDING.—Each dollar amount determined
under clause (i) shall be rounded to the nearest multiple of $100,000.’’.
(b) EFFECTIVE DATE.—This section and any amendment made
by this section shall take effect on the date that is 90 days after
the date of enactment of this Act.
TITLE VI—PUBLIC AND FEDERALLY
ASSISTED HOUSING FIRE SAFETY
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SEC. 601. SMOKE ALARMS IN FEDERALLY ASSISTED HOUSING.
(a) PUBLIC HOUSING, TENANT-BASED ASSISTANCE, AND PROJECTBASED 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
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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 tenantbased 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.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(B) DEFINITIONS.—For purposes of this paragraph, the
following definitions shall apply:
‘‘(i) SMOKE ALARM DEFINED.—The term ‘smoke
alarm’ has the meaning given the term ‘smoke detector’
in section 29(d) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2225(d)).
‘‘(ii) QUALIFYING SMOKE ALARM DEFINED.—The
term ‘qualifying smoke alarm’ means a smoke alarm
that—
‘‘(I) in the case of a dwelling unit built before
the date of enactment of this paragraph and not
substantially rehabilitated after the date of enactment of this paragraph—
‘‘(aa)(AA) is hardwired; or
‘‘(BB) uses 10-year non rechargeable, nonreplaceable primary batteries and is sealed,
is tamper resistant, and contains silencing
means; and
‘‘(bb) provides notification for persons with
hearing loss as required by the National Fire
Protection Association Standard 72, or any
successor standard; or
‘‘(II) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of this paragraph, is hardwired.’’.
(b) SUPPORTIVE HOUSING FOR THE ELDERLY.—Section 202(j)
of the Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by
adding at the end the following:
‘‘(10) QUALIFYING SMOKE ALARMS.—
‘‘(A) IN GENERAL.—Each owner of a dwelling unit
assisted under this section shall ensure that qualifying
smoke alarms are installed in accordance with the requirements of applicable codes and standards and the National
Fire Protection Association Standard 72, or any successor
standard, in each level and in or near each sleeping area
in such dwelling unit, including in basements but excepting
crawl spaces and unfinished attics, and in each common
area in a project containing such a dwelling unit.
‘‘(B) DEFINITIONS.—For purposes of this paragraph, the
following definitions shall apply:
‘‘(i) SMOKE ALARM DEFINED.—The term ‘smoke
alarm’ has the meaning given the term ‘smoke detector’
in section 29(d) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2225(d)).
‘‘(ii) QUALIFYING SMOKE ALARM DEFINED.—The
term ‘qualifying smoke alarm’ means a smoke alarm
that—
‘‘(I) in the case of a dwelling unit built before
the date of enactment of this paragraph and not
substantially rehabilitated after the date of enactment of this paragraph—
‘‘(aa)(AA) is hardwired; or
‘‘(BB) uses 10-year non rechargeable, nonreplaceable primary batteries and is sealed,
is tamper resistant, and contains silencing
means; and
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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) 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
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136 STAT. 5546
Applicability.
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Applicability.
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PUBLIC LAW 117–328—DEC. 29, 2022
by the International Code Council or the National Fire Protection Association and the requirements of the National Fire
Protection Association Standard 72, or any successor standard,
in each level and in or near each sleeping area in such dwelling
unit, including in basements but excepting crawl spaces and
unfinished attics, and in each common area in a project containing such a dwelling unit.
‘‘(2) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply:
‘‘(A) SMOKE ALARM DEFINED.—The term ‘smoke alarm’
has the meaning given the term ‘smoke detector’ in section
29(d) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2225(d)).
‘‘(B) QUALIFYING SMOKE ALARM DEFINED.—The term
‘qualifying smoke alarm’ means a smoke alarm that—
‘‘(i) in the case of a dwelling unit built before
the date of enactment of this subsection and not
substantially rehabilitated after the date of enactment
of this subsection—
‘‘(I)(aa) is hardwired; or
‘‘(bb) uses 10-year non rechargeable, nonreplaceable primary batteries and—
‘‘(AA) is sealed;
‘‘(BB) is tamper resistant; and
‘‘(CC) contains silencing means; and
‘‘(II) provides notification for persons with
hearing loss as required by the National Fire
Protection Association Standard 72, or any successor standard; or
‘‘(ii) in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this
subsection, is hardwired.’’.
(e) RURAL HOUSING.—Title V of the Housing Act of 1949 (42
U.S.C. 1471 et seq.) is amended—
(1) in section 514 (42 U.S.C. 1484), by adding at the end
the following:
‘‘(k) QUALIFYING SMOKE ALARMS.—
‘‘(1) IN GENERAL.—Housing and related facilities constructed with loans under this section shall contain qualifying
smoke alarms that are installed in accordance with applicable
codes and standards published by the International Code
Council or the National Fire Protection Association and the
requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and
in or near each sleeping area in such dwelling unit, including
in basements but excepting crawl spaces and unfinished attics,
and in each common area in a project containing such a
dwelling unit.
‘‘(2) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply:
‘‘(A) SMOKE ALARM DEFINED.—The term ‘smoke alarm’
has the meaning given the term ‘smoke detector’ in section
29(d) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2225(d)).
‘‘(B) QUALIFYING SMOKE ALARM DEFINED.—The term
‘qualifying smoke alarm’ means a smoke alarm that—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.’’.
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PUBL328
136 STAT. 5548
Definition.
Definition.
Time period.
12 USC 1701q
note.
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note.
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PUBLIC LAW 117–328—DEC. 29, 2022
(f) FARM LABOR HOUSING DIRECT LOANS & GRANTS.—Section
516 of the Housing Act of 1949 (42 U.S.C. 1486) is amended—
(1) in subsection (c)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) that such housing shall contain qualifying smoke
alarms that are installed in accordance with applicable codes
and standards published by the International Code Council
or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard
72, or any successor standard, in each level and in or near
each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and
in each common area in a project containing such a dwelling
unit.’’; and
(2) in subsection (g)—
(A) in paragraph (3) by striking ‘‘and’’ at the end;
(B) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(5) the term ‘smoke alarm’ has the meaning given the
term ‘smoke detector’ in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2225(d)); and
‘‘(6) the term ‘qualifying smoke alarm’ means a smoke
alarm that—
‘‘(A) in the case of a dwelling unit built before the
date of enactment of this paragraph and not substantially
rehabilitated after the date of enactment of this paragraph—
‘‘(i)(I) is hardwired; or
‘‘(II) uses 10-year non rechargeable, nonreplaceable
primary batteries and—
‘‘(aa) is sealed;
‘‘(bb) is tamper resistant; and
‘‘(cc) contains silencing means; and
‘‘(ii) provides notification for persons with hearing
loss as required by the National Fire Protection
Association Standard 72, or any successor standard;
or
‘‘(B) in the case of a dwelling unit built or substantially
rehabilitated after the date of enactment of this paragraph,
is hardwired.’’.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the amendments made by this
section such sums as are necessary for each of fiscal years 2023
through 2027.
(h) EFFECTIVE DATE.—The amendments made by subsections
(a) through (f) shall take effect on the date that is 2 years after
the date of enactment of this Act.
(i) NO PREEMPTION.—Nothing in the amendments made by
this section shall be construed to preempt or limit the applicability
of any State or local law relating to the installation and maintenance of smoke alarms in housing that requires standards that
are more stringent than the standards described in the amendments
made by this section.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5549
TITLE
VII—BENJAMIN
BERELL
FERENCZ
CONGRESSIONAL
GOLD
MEDAL
Benjamin Berell
Ferencz
Congressional
Gold Medal Act.
SEC. 701. SHORT TITLE.
31 USC 5111
note.
This title may be cited as the ‘‘Benjamin Berell Ferencz
Congressional Gold Medal Act’’.
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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.
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136 STAT. 5550
PUBLIC LAW 117–328—DEC. 29, 2022
(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.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) RETROACTIVE EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall take effect as if enacted on September
30, 2022.
42 USC 4016
note.
DIVISION BB—CONSUMER PROTECTION
AND COMMERCE
TITLE I—MANUFACTURING.GOV
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SEC. 101. MANUFACTURING.GOV HUB.
(a) DEFINITION.—In this section, the term ‘‘Secretary’’ means
the Secretary of Commerce.
(b) ESTABLISHMENT.—Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with the Chief
Information Officer of the Department of Commerce, shall modify
the manufacturing.gov website by establishing a section of the
website to be known as the ‘‘manufacturing.gov hub’’.
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15 USC 1512
note.
Deadline.
Website.
PUBL328
136 STAT. 5552
PUBLIC LAW 117–328—DEC. 29, 2022
(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
15 USC 2056f.
Deadline.
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Examination.
Assessment.
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SEC. 201. CONSUMER PRODUCT SAFETY STANDARD TO PROTECT
AGAINST TIP-OVER OF CLOTHING STORAGE UNITS.
(a) CLOTHING STORAGE UNIT DEFINED.—In this section, the
term ‘‘clothing storage unit’’ means any free-standing furniture
item manufactured in the United States or imported for use in
the United States that is intended for the storage of clothing,
typical of bedroom furniture.
(b) CPSC DETERMINATION OF SCOPE.—The Consumer Product
Safety Commission shall specify the types of furniture items within
the scope of subsection (a) as part of a standard promulgated
under this section based on tip-over data as reasonably necessary
to protect children up to 72 months of age from injury or death.
(c) CONSUMER PRODUCT SAFETY STANDARD REQUIRED.—
(1) IN GENERAL.—Except as provided in subsection (f )(1),
not later than 1 year after the date of the enactment of this
Act, the Consumer Product Safety Commission shall—
(A) in consultation with representatives of consumer
groups, clothing storage unit manufacturers, craft or handmade furniture manufacturers, and independent child
product engineers and experts, examine and assess the
effectiveness of any voluntary consumer product safety
standards for clothing storage units; and
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5553
(B) in accordance with section 553 of title 5, United
States Code, and paragraph (2), promulgate a final consumer product safety standard for clothing storage units
to protect children from tip-over-related death or injury,
that shall take effect 180 days after the date of promulgation or such a later date as the Commission determines
appropriate.
(2) REQUIREMENTS.—The standard promulgated under
paragraph (1) shall protect children from tip-over-related death
or injury with—
(A) tests that simulate the weight of children up to
60 pounds;
(B) objective, repeatable, reproducible, and measurable
tests or series of tests that simulate real-world use and
account for impacts on clothing storage unit stability that
may result from placement on carpeted surfaces, drawers
with items in them, multiple open drawers, and dynamic
force;
(C) testing of all clothing storage units, including those
27 inches and above in height; and
(D) warning requirements based on ASTM F2057–19,
or its successor at the time of enactment, provided that
the Consumer Product Safety Commission may strengthen
the warning requirements of ASTM F2057–19, or its successor, if reasonably necessary to protect children from
tip-over-related death or injury.
(3) TESTING CLARIFICATION.—Tests referred to in paragraph
(2)(B) shall allow for the utilization of safety features (excluding
tip restraints) to work as intended if the features cannot be
overridden by consumers in normal use.
(4) TREATMENT OF STANDARD.—A consumer product safety
standard promulgated under paragraph (1) shall be treated
as a consumer product safety rule promulgated under section
9 of the Consumer Product Safety Act (15 U.S.C. 2058).
(d) ADOPTION OF VOLUNTARY STANDARD.—
(1) IN GENERAL.—If a voluntary standard exists that meets
the requirements of paragraph (2), the Commission shall, not
later than 90 days after the date on which such determination
is made and in accordance with section 553 of title 5, United
States Code, promulgate a final consumer product safety
standard that adopts the applicable performance requirements
of such voluntary standard related to protecting children from
tip-over-related death or injury. A consumer product safety
standard promulgated under this subsection shall be treated
as a consumer product safety rule promulgated under section
9 of the Consumer Product Safety Act (15 U.S.C. 2058). Such
standard shall take effect 120 days after the date of the
promulgation of the rule, or such a later date as the Commission
determines appropriate. Such standard will supersede any other
existing standard for clothing storage units to protect children
from tip-over-related death or injury.
(2) REQUIREMENTS.—The requirements of this paragraph
with respect to a voluntary standard for clothing storage units
are that such standard—
(A) protects children up to 72 months of age from
tip-over-related death or injury;
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Regulations.
Effective date.
Deadline.
Regulation.
Effective date.
PUBL328
136 STAT. 5554
Publication.
Deadline.
Determination.
Deadline.
Determination.
Effective date.
Effective date.
Determination.
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Determination.
Deadline.
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(B) meets the requirements described in subsection
(c)(2);
(C) is, or will be, published not later than 60 days
after the date of enactment of this Act; and
(D) is developed by ASTM International or such other
standard development organization that the Commission
determines is in compliance with the intent of this section.
(3) NOTICE REQUIRED TO BE PUBLISHED IN THE FEDERAL
REGISTER.—The Commission shall publish a notice in the Federal Register upon beginning the promulgation of a rule under
this subsection.
(e) REVISION OF VOLUNTARY STANDARD.—
(1) NOTICE TO COMMISSION.—If the performance requirements of a voluntary standard adopted under subsection (d)
are subsequently revised, the organization that revised the
performance requirements of such standard shall notify the
Commission of such revision after final approval.
(2) TREATMENT OF REVISION.—Not later than 90 days after
the date on which the Commission is notified of revised performance requirements of a voluntary standard described in paragraph (1) (or such later date as the Commission determines
appropriate), the Commission shall determine whether the
revised performance requirements meet the requirements of
subsection (d)(2)(B), and if so, modify, in accordance with section 553 of title 5, United States Code, the standard promulgated under subsection (d) to include the revised performance
requirements that the Commission determines meet such
requirements. The modified standard shall take effect after
180 days or such later date as the Commission deems appropriate.
(f) SUBSEQUENT RULEMAKING.—
(1) IN GENERAL.—Beginning 5 years after the date of enactment of this Act, subsequent to the publication of a consumer
product safety standard under this section, the Commission
may, at any time, initiate rulemaking, in accordance with section 553 of title 5, United States Code, to modify the requirements of such standard or to include additional provisions
if the Commission makes a determination that such modifications or additions are reasonably necessary to protect children
from tip-over-related death or injury.
(2) PETITION FOR REVISION OF RULE.—
(A) IN GENERAL.—If the Commission receives a petition
for a new or revised test that permits incorporated safety
features (excluding tip restraints) to work as intended,
if the features cannot be overridden by consumers in
normal use and provide an equivalent or greater level
of safety as the tests developed under subsection (c)(2)
or the performance requirements described in subsection
(d)(2)(B), as applicable, the Commission shall determine
within 120 days—
(i) whether the petition meets the requirements
for petitions set forth in section 1051.5 of title 16,
Code of Federal Regulations, or any successor regulation implementing section 9(i) of the Consumer Product
Safety Act (15 U.S.C. 2058(i)); and
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5555
(ii) whether the petition demonstrates that the
test could reasonably meet the requirements of subsection (c)(2)(B), and if so, the Commission shall determine by recorded vote, within 60 days after the determination, whether to initiate rulemaking, in accordance with section 553 of title 5, United States Code,
to revise a consumer product safety standard promulgated under this section to include the new or revised
test.
(B) DEMONSTRATION OF COMPLIANCE.—Compliance
with the testing requirements of a standard revised under
subparagraph (A) may be demonstrated either through the
performance of a new or revised test under subparagraph
(A) or the performance of the tests otherwise required
under a standard promulgated under this section.
(3) TREATMENT OF RULES.—Any rule promulgated under
this subsection, including any modification or revision made
under this subsection, shall be treated as a consumer product
safety rule promulgated under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058).
Determination.
Deadline.
TITLE III—INFORM CONSUMERS
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SEC. 301. COLLECTION, VERIFICATION, AND DISCLOSURE OF INFORMATION BY ONLINE MARKETPLACES TO INFORM CONSUMERS.
(a) COLLECTION AND VERIFICATION OF INFORMATION.—
(1) COLLECTION.—
(A) IN GENERAL.—An online marketplace shall require
any high-volume third party seller on such online marketplace’s platform to provide, not later than 10 days after
qualifying as a high-volume third party seller on the platform, the following information to the online marketplace:
(i) BANK ACCOUNT.—
(I) IN GENERAL.—A bank account number, or,
if such seller does not have a bank account, the
name of the payee for payments issued by the
online marketplace to such seller.
(II) PROVISION OF INFORMATION.—The bank
account or payee information required under subclause (I) may be provided by the seller in the
following ways:
(aa) To the online marketplace.
(bb) To a payment processor or other third
party contracted by the online marketplace
to maintain such information, provided that
the online marketplace ensures that it can
obtain such information within 3 business
days from such payment processor or other
third party.
(ii) CONTACT INFORMATION.—Contact information
for such seller as follows:
(I) With respect to a high-volume third party
seller that is an individual, the individual’s name.
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(II) With respect to a high-volume third party
seller that is not an individual, one of the following
forms of contact information:
(aa) A copy of a valid government-issued
identification for an individual acting on
behalf of such seller that includes the individual’s name.
(bb) A copy of a valid government-issued
record or tax document that includes the business name and physical address of such seller.
(iii) TAX ID.—A business tax identification number,
or, if such seller does not have a business tax identification number, a taxpayer identification number.
(iv) WORKING EMAIL AND PHONE NUMBER.—A current working email address and phone number for
such seller.
(B) NOTIFICATION OF CHANGE; ANNUAL CERTIFICATION.—An online marketplace shall—
(i) periodically, but not less than annually, notify
any high-volume third party seller on such online
marketplace’s platform of the requirement to keep any
information collected under subparagraph (A) current;
and
(ii) require any high-volume third party seller on
such online marketplace’s platform to, not later than
10 days after receiving the notice under clause (i),
electronically certify that—
(I) the seller has provided any changes to such
information to the online marketplace, if any such
changes have occurred; or
(II) there have been no changes to such seller’s
information.
(C) SUSPENSION.—In the event that a high-volume
third party seller does not provide the information or certification required under this paragraph, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide such information or certification not later than 10 days after the
issuance of such notice, suspend any future sales activity
of such seller until such seller provides such information
or certification.
(2) VERIFICATION.—
(A) IN GENERAL.—An online marketplace shall—
(i) verify the information collected under paragraph (1)(A) not later than 10 days after such collection; and
(ii) verify any change to such information not later
than 10 days after being notified of such change by
a high-volume third party seller under paragraph
(1)(B).
(B) PRESUMPTION OF VERIFICATION.—In the case of a
high-volume third party seller that provides a copy of a
valid government-issued tax document, any information
contained in such document shall be presumed to be
verified as of the date of issuance of such document.
Records.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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
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Certifications.
Certification.
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supplied the consumer product to the purchaser, if
such seller is different than the high-volume third
party seller listed on the product listing prior to purchase.
(2) EXCEPTION.—
(A) IN GENERAL.—Subject to subparagraph (B), upon
the request of a high-volume third party seller, an online
marketplace may provide for partial disclosure of the
identity information required under paragraph (1)(B)(i) in
the following situations:
(i) If such seller certifies to the online marketplace
that the seller does not have a business address and
only has a residential street address, or has a combined
business and residential address, the online marketplace may—
(I) disclose only the country and, if applicable,
the State in which such seller resides; and
(II) inform consumers that there is no business
address available for the seller and that consumer
inquiries should be submitted to the seller by
phone, email, or other means of electronic messaging provided to such seller by the online
marketplace.
(ii) If such seller certifies to the online marketplace
that the seller is a business that has a physical address
for product returns, the online marketplace may disclose the seller’s physical address for product returns.
(iii) If such seller certifies to the online marketplace that the seller does not have a phone number
other than a personal phone number, the online
marketplace shall inform consumers that there is no
phone number available for the seller and that consumer inquiries should be submitted to the seller’s
email address or other means of electronic messaging
provided to such seller by the online marketplace.
(B) LIMITATION ON EXCEPTION.—If an online marketplace becomes aware that a high-volume third party seller
has made a false representation to the online marketplace
in order to justify the provision of a partial disclosure
under subparagraph (A) or that a high-volume third party
seller who has requested and received a provision for a
partial disclosure under subparagraph (A) has not provided
responsive answers within a reasonable time frame to consumer inquiries submitted to the seller by phone, email,
or other means of electronic messaging provided to such
seller by the online marketplace, the online marketplace
shall, after providing the seller with written or electronic
notice and an opportunity to respond not later than 10
days after the issuance of such notice, suspend any future
sales activity of such seller unless such seller consents
to the disclosure of the identity information required under
paragraph (1)(B)(i).
(3) REPORTING MECHANISM.—An online marketplace shall
disclose to consumers in a clear and conspicuous manner on
the product listing of any high-volume third party seller a
reporting mechanism that allows for electronic and telephonic
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136 STAT. 5559
reporting of suspicious marketplace activity to the online
marketplace.
(4) COMPLIANCE.—If a high-volume third party seller does
not comply with the requirements to provide and disclose
information under this subsection, the online marketplace shall,
after providing the seller with written or electronic notice and
an opportunity to provide or disclose such information not
later than 10 days after the issuance of such notice, suspend
any future sales activity of such seller until the seller complies
with such requirements.
(c) ENFORCEMENT BY FEDERAL TRADE COMMISSION.—
(1) UNFAIR AND DECEPTIVE ACTS OR PRACTICES.—A violation
of subsection (a) or (b) by an online marketplace shall be
treated as a violation of a rule defining an unfair or deceptive
act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) POWERS OF THE COMMISSION.—
(A) IN GENERAL.—The Commission shall enforce subsections (a) and (b) in the same manner, by the same
means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.
(B) PRIVILEGES AND IMMUNITIES.—Any person that violates subsection (a) or (b) shall be subject to the penalties,
and entitled to the privileges and immunities, provided
in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(3) REGULATIONS.—The Commission may promulgate regulations under section 553 of title 5, United States Code, with
respect to the collection, verification, or disclosure of information under this section, provided that such regulations are
limited to what is necessary to collect, verify, and disclose
such information.
(4) AUTHORITY PRESERVED.—Nothing in this section shall
be construed to limit the authority of the Commission under
any other provision of law.
(d) ENFORCEMENT BY STATE ATTORNEYS GENERAL.—
(1) IN GENERAL.—If the attorney general of a State has
reason to believe that any online marketplace has violated
or is violating this section or a regulation promulgated under
this section that affects one or more residents of that State,
the attorney general of the State may bring a civil action
in any appropriate district court of the United States, to—
(A) enjoin further such violation by the defendant;
(B) enforce compliance with this section or such regulation;
(C) obtain civil penalties in the amount provided for
under subsection (c);
(D) obtain other remedies permitted under State law;
and
(E) obtain damages, restitution, or other compensation
on behalf of residents of the State.
(2) NOTICE.—The attorney general of a State shall provide
prior written notice of any action under paragraph (1) to the
Commission and provide the Commission with a copy of the
complaint in the action, except in any case in which such
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Deadline.
Suspension.
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136 STAT. 5560
PUBLIC LAW 117–328—DEC. 29, 2022
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 MagnusonMoss Warranty—Federal Trade Commission Improvement Act
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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,
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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 SelfDetermination 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:
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‘‘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
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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) 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.’’.
Determination.
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:
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‘‘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;
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‘‘(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).’’.
Reporting
Attacks from
Nations Selected
for Oversight and
Monitoring Web
Attacks and
Ransomware
from Enemies
Act.
TITLE V—RANSOMWARE ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Reporting Attacks from Nations
Selected for Oversight and Monitoring Web Attacks and
Ransomware from Enemies Act’’ or the ‘‘RANSOMWARE Act’’.
SEC. 502. INCLUSION OF REPORT.
Section 2 of Public Law 116–173 is amended—
(1) in paragraph (3), by striking ‘‘; and’’;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) the first report required by the RANSOMWARE Act.’’.
134 Stat. 837
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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,
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companies, or governments, including those described in subsection (b), broken down by each type of individual, type of
company, or government described in a paragraph of such subsection.
(4) Identification and details of foreign agencies (including
foreign law enforcement agencies (as defined in section 4 of
the Federal Trade Commission Act (15 U.S.C. 44))) located
in Russia, China, North Korea, or Iran with which the Commission has cooperated and the results of such cooperation,
including any foreign agency enforcement action or lack thereof.
(5) A description of Commission litigation, in relation to
cross-border complaints described in paragraphs (1) and (2),
brought in foreign courts and the results of such litigation.
(6) Any recommendations for legislation that may advance
the mission of the Commission in carrying out the U.S. SAFE
WEB Act of 2006 and the amendments made by such Act.
(7) Any recommendations for legislation that may advance
the security of the United States and United States companies
against ransomware and other cyber-related attacks.
(8) Any recommendations for United States citizens and
United States businesses to implement best practices on mitigating ransomware and other cyber-related attacks.
(b) INDIVIDUALS, COMPANIES, AND GOVERNMENTS DESCRIBED.—
The individuals, companies, and governments described in this subsection are the following:
(1) An individual located within Russia or with direct or
indirect ties to the Government of the Russian Federation.
(2) A company located within Russia or with direct or
indirect ties to the Government of the Russian Federation.
(3) The Government of the Russian Federation.
(4) An individual located within China or with direct or
indirect ties to the Government of the People’s Republic of
China.
(5) A company located within China or with direct or
indirect ties to the Government of the People’s Republic of
China.
(6) The Government of the People’s Republic of China.
(7) An individual located within North Korea or with direct
or indirect ties to the Government of the Democratic People’s
Republic of Korea.
(8) A company located within North Korea or with direct
or indirect ties to the Government of the Democratic People’s
Republic of Korea.
(9) The Government of the Democratic People’s Republic
of Korea.
(10) An individual located within Iran or with direct or
indirect ties to the Government of the Islamic Republic of
Iran.
(11) A company located within Iran or with direct or
indirect ties to the Government of the Islamic Republic of
Iran.
(12) The Government of the Islamic Republic of Iran.
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Recommendations.
Recommendations.
Recommendations.
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PUBLIC LAW 117–328—DEC. 29, 2022
TITLE VI—TRAVEL AND TOURISM
15 USC 9801.
SEC. 600. DEFINED TERM.
In this title, the term ‘‘COVID–19 public health emergency’’—
(1) means the public health emergency first declared on
January 31, 2020, by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act
(42 U.S.C. 247d) with respect to COVID–19; and
(2) includes any renewal of such declaration pursuant to
such section 319.
Subtitle A—Travel Promotion
Visit America
Act.
15 USC 9801
note.
SEC. 601. SHORT TITLE.
15 USC 9802.
SEC. 602. PURPOSES.
This subtitle may be cited as the ‘‘Visit America Act’’.
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.
15 USC 9802
note.
SEC. 603. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) setting a national goal for the number of international
visitors to the United States is vital for aligning Federal
tourism policy to support American jobs and economic growth;
(2) setting a national goal for travel exports is vital for
aligning Federal tourism policy to support American jobs,
increase travel exports, and improve our Nation’s balance of
trade;
(3) the travel industry is an essential part of the United
States services exports with respect to business, education,
medical, and leisure travel;
(4) the promotion of travel and visitation by the Corporation
for Travel Promotion (doing business as ‘‘Brand USA’’) is vital
to increasing visitation and articulating the visitation laws
of the United States; and
(5) there is an urgent need for a coordinated travel and
tourism industry response and strategy to respond to the current state of such industry and future unforeseen circumstances
that may impact the travel and tourism industry.
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SEC. 604. ASSISTANT SECRETARY OF COMMERCE FOR TRAVEL AND
TOURISM.
19 USC 2171
note.
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(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.’’.
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SEC. 605. RESPONSIBILITIES OF THE ASSISTANT SECRETARY OF COMMERCE FOR TRAVEL AND TOURISM.
15 USC 9803.
(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;
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(2) develop recommendations and goals to support and
enhance domestic tourism, separated by business and leisure;
and
(3) engage public and private stakeholders to support
domestic tourism.
(c) WORKFORCE.—The Assistant Secretary shall—
(1) consult with the Secretary of Labor to develop strategies
and best practices for improving the timeliness and reliability
of travel and tourism workforce data;
(2) work with the Secretary of Labor and the Bureau of
Economic Analysis to improve travel and tourism industry data;
(3) provide recommendations for policy enhancements and
efficiencies; and
(4) provide policy recommendations regarding the gig
economy as it relates to travel and tourism.
(d) FACILITATION OF INTERNATIONAL BUSINESS TRAVEL.—The
Assistant Secretary, in coordination with relevant Federal agencies,
shall strive to increase and facilitate international business travel
to the United States and ensure competitiveness by—
(1) facilitating large meetings, incentives, conferences, and
exhibitions in the United States;
(2) emphasizing rural and other destinations in the United
States that are rich in cultural heritage or ecological tourism,
among other uniquely American destinations, as locations for
hosting international meetings, incentives, conferences, and
exhibitions; and
(3) facilitating sports and recreation events and activities
in the United States.
(e) RECOVERY STRATEGIES.—
(1) IN GENERAL.—Not later than 1 year after amounts
are appropriated to the Department of Commerce to accomplish
the purposes of this section, the Assistant Secretary, in consultation with the entities referred to in subsection (a)(3), shall
develop recovery strategies for the travel and tourism industry
in response to the economic impacts of the COVID–19 pandemic
and in anticipation of other unpredictable catastrophic events
that would significantly affect the travel and tourism industry,
such as hurricanes, floods, tsunamis, tornadoes, wildfires, terrorist attacks, and pandemics.
(2) COST-BENEFIT ANALYSIS.—In developing the recovery
strategies under paragraph (1), the Assistant Secretary shall
conduct cost-benefit analyses that take into account the health
and economic effects of public health mitigation measures on
the travel and tourism industry.
(f) REPORTING REQUIREMENTS.—
(1) ASSISTANT SECRETARY.—The Assistant Secretary, subject to the availability of appropriations, shall produce an
annual forecasting report on the travel and tourism industry,
which shall include current and anticipated—
(A) domestic employment needs;
(B) international inbound volume and spending, taking
into account the lasting effects of the COVID–19 public
health emergency and the impact of the recovery strategy
implemented pursuant to subsection (e)(1); and
(C) domestic volume and spending, including Federal
and State public land travel and tourism data.
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(2) BUREAU OF ECONOMIC ANALYSIS.—The Director of the
Bureau of Economic Analysis, subject to the availability of
appropriations and to the extent feasible, should make quarterly updates to the Travel and Tourism Satellite Accounts,
including—
(A) State-level travel and tourism spending data;
(B) travel and tourism workforce data for full-time
and part-time employment; and
(C) Federal and State public lands outdoor recreational
activity and tourism spending data.
(3) NATIONAL TRAVEL AND TOURISM OFFICE.—The Director
of the National Travel and Tourism Office—
(A) in partnership with the Bureau of Economic Analysis and other relevant Federal agencies, shall provide
a monthly report on international arrival and spending
data to—
(i) the Travel and Tourism Advisory Board; and
(ii) the public through a publicly accessible website;
and
(B) shall include questions in the Survey of International Air Travelers regarding wait-times, visits to public
lands, and State data, to the extent applicable.
SEC. 606. TRAVEL AND TOURISM STRATEGY.
15 USC 9804.
Not less frequently than once every 10 years, the Secretary
of Commerce, in consultation with the United States Travel and
Tourism Advisory Board, the Tourism Policy Council, the Secretary
of State, and the Secretary of Homeland Security, shall develop
and submit to Congress a 10-year travel and tourism strategy,
which shall include—
(1) the establishment of goals with respect to the number
of annual international visitors to the United States and the
annual amount of travel and tourism commerce in the United
States during such 10-year period;
(2) the resources needed to achieve the goals established
pursuant to paragraph (1); and
(3) recommendations for statutory or regulatory changes
that would be necessary to achieve such goals.
Deadline.
Time period.
Recommendations.
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:
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‘‘SEC. 3. UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.
‘‘(a) IN GENERAL.—There is established the United States
Travel and Tourism Advisory Board (referred to in this section
as the ‘Board’), the members of which shall be appointed by the
Secretary of Commerce for 2-year terms from companies and
organizations in the travel and tourism industry.
‘‘(b) EXECUTIVE DIRECTOR.—The Assistant Secretary of Commerce for Travel and Tourism shall serve as the Executive Director
of the Board.
‘‘(c) EXECUTIVE SECRETARIAT.—The National Travel and
Tourism Office of the International Trade Administration shall
serve as the Executive Secretariat for the Board.
‘‘(d) FUNCTIONS.—The Board’s Charter shall specify that the
Board will—
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‘‘(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.’’.
15 USC 9805.
SEC. 608. DATA ON DOMESTIC TRAVEL AND TOURISM.
The Assistant Secretary of Commerce for Travel and Tourism,
subject to the availability of appropriations, shall collect and make
public aggregate data on domestic travel and tourism trends.
15 USC 9801
note.
SEC. 609. COMPLETION OF PROCEEDING.
If the Secretary of Commerce, before the date of the enactment
of this Act, has taken any action that, in whole or in part, implements this title or the amendments made by this title, the Secretary
is not required to revisit such action to the extent such action
is consistent with this title and the amendments made by this
title.
Subtitle B—Travel Safety
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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) AVAILABILITY.—The Secretary shall make the report
described in paragraph (1) publicly available on the website
of the Department of Commerce.
(c) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Secretary, in consultation with the United
States Travel and Tourism Advisory Board and the head of any
other Federal agency the Secretary considers appropriate, shall
complete a study on the effects of the COVID–19 pandemic on
the travel and tourism industry, including various segments of
the travel and tourism industry, such as domestic, international,
leisure, business, conventions, meetings, and events.
(d) MATTERS FOR CONSIDERATION.—In conducting the interim
study required under subsection (b) and the study required under
subsection (c), the Secretary shall consider—
(1) changes in employment rates in the travel and tourism
industry during the pandemic period;
(2) changes in revenues of businesses in the travel and
tourism industry during the pandemic period;
(3) changes in employment and sales in industries related
to the travel and tourism industry, and changes in contributions
of the travel and tourism industry to such related industries,
during the pandemic period;
(4) the effects attributable to the changes described in
paragraphs (1) through (3) in the travel and tourism industry
and such related industries on the overall economy of the
United States, including—
(A) an analysis of regional economies (on a per capita
basis) during the pandemic period; and
(B) the projected effects of such changes on the regional
and overall economy of the United States following the
pandemic period;
(5) the effects attributable to the changes described in
paragraphs (1) through (3) in the travel and tourism industry
and such related industries on minority communities, including
Native Americans, Native Hawaiians, and Alaska Natives;
(6) reports on the economic impact of COVID–19 issued
by other Federal agencies;
(7) the costs and health benefits associated with COVID–
19 requirements for air travel for entry into or exit from the
United States and any consequent disincentives for tourism;
(8) any Federal barriers related to the response to the
COVID–19 pandemic that are disincentivizing international
tourism in the United States, including the source and policy
rationale for these barriers; and
(9) any additional matters that the Secretary considers
appropriate.
(e) CONSULTATION AND PUBLIC COMMENT.—In conducting the
study required under subsection (c), the Secretary shall—
(1) consult with representatives of—
(A) the small business sector;
(B) the restaurant or food service sector;
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Public
information.
Web posting.
Analysis.
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(C) the hotel and alternative accommodations sector;
(D) the attractions or recreation sector;
(E) the outdoor recreation sector;
(F) the travel distribution services sector;
(G) destination marketing organizations;
(H) State tourism offices;
(I) the passenger air, railroad, bus, and rental car
sectors; and
(J) labor representatives for—
(i) the sectors referred to in subparagraph (I); and
(ii) security screening personnel designated by the
Administrator of the Transportation Security Administration; and
(2) provide an opportunity for public comment and advice
relevant to conducting such study.
(f) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 6 months after the completion of the study required under subsection (c), the Secretary,
in consultation with the United States Travel and Tourism
Advisory Board and the Tourism Policy Council, shall submit
a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that contains—
(A) the results of such study;
(B) policy recommendations for—
(i) promoting and assisting the travel and tourism
industry generally; and
(ii) promoting and assisting travel and tourism
to Native American, Native Hawaiian, and Alaska
Native communities, by fully implementing the Native
American Tourism and Improving Visitor Experience
Act (Public Law 114–221); and
(C) a description of the actions that should be taken
by the Federal Government to accelerate the implementation of travel and tourism policies and programs authorized
by law.
(2) AVAILABILITY.—The Secretary shall make the report
described in paragraph (1) publicly available on the website
of the Department of Commerce.
Recommendations.
Public
information.
Web posting.
DIVISION CC—WATER RELATED
MATTERS
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SEC.
101.
EXTENSION OF AUTHORIZATIONS
RECOVERY PROGRAMS.
RELATED
TO
FISH
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
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(5) in subsection (j), by striking ‘‘2021’’ each place it appears
and inserting ‘‘2022’’.
SEC. 102. COLORADO RIVER SYSTEM CONSERVATION PILOT PROGRAM.
Section 206 of the Energy and Water Development and Related
Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law
113–235), is amended—
(1) in subsection (b)(2), by striking ‘‘additional funds’’ and
inserting ‘‘funds for new water conservation agreements or’’;
(2) in subsection (c)(2), by striking ‘‘2022’’ and inserting
‘‘2024’’; and
(3) in subsection (d), by striking ‘‘2018’’ and inserting
‘‘2025’’.
SEC. 103. SALTON SEA PROJECTS.
California.
Section 1101 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4661)
is amended—
(1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively;
(2) by inserting after subsection (a) the following:
‘‘(b) ADDITIONAL PROJECT AUTHORITIES.—
‘‘(1) IN GENERAL.—The Secretary of the Interior, acting
through the Commissioner of Reclamation, may provide grants
and enter into contracts and cooperative agreements to carry
out projects located in the area of the Salton Sea in southern
California to mitigate impacts from dust from dry and drying
lakebeds and to improve fish and wildlife habitat, recreational
opportunities, and water quality, in partnership with—
‘‘(A) State, Tribal, and local governments;
‘‘(B) water districts;
‘‘(C) joint powers authorities, including the Salton Sea
Authority;
‘‘(D) nonprofit organizations; and
‘‘(E) institutions of higher education.
‘‘(2) INCLUDED ACTIVITIES.—The projects described in paragraph (1) may include—
‘‘(A) construction, operation, maintenance, permitting,
and design activities required for the projects; and
‘‘(B) dust suppression projects.’’; and
(3) in subsection (c) (as so redesignated), by striking ‘‘project
referred to in subsection (a)’’ and inserting ‘‘projects referred
to in subsections (a) and (b)’’.
Grants.
Contracts.
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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.
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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
43 USC 776 note.
SEC. 1. DEFINITION OF SECRETARY.
In this division, the term ‘‘Secretary’’ means the Secretary
of the Interior.
TITLE I—DEPARTMENT OF THE
INTERIOR PROVISIONS
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43 USC 1732
note.
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SEC. 101. PILOT PROGRAM FOR NATIVE PLANT SPECIES.
(a) DEFINITIONS.—In this section:
(1) INVASIVE SPECIES.—The term ‘‘invasive species’’ means,
with respect to a particular ecosystem, a nonnative organism,
the introduction of which causes or is likely to cause economic
or environmental harm or harm to human, animal, or plant
health.
(2) LOCALLY ADAPTED.—The term ‘‘locally adapted’’ means,
with respect to plants, plants that—
(A) originate from an area that is geographically proximate to a planting area; and
(B) are environmentally adapted to and likely to
become established and persist in that planting area.
(3) NATIVE PLANT SPECIES.—The term ‘‘native plant species’’
means, with respect to a particular ecosystem, a species that,
other than as a result of an introduction, historically occurred
or currently occurs in that ecosystem.
(4) NONNATIVE.—The term ‘‘nonnative’’ means, with respect
to a particular ecosystem, an organism, including the seeds,
eggs, spores, or other biological material of the organism
capable of propagating that species, that occurs outside of the
natural range of the organism.
(5) PLANT MATERIAL.—The term ‘‘plant material’’ means
a plant or the seeds, eggs, spores, or other biological material
of a plant capable of propagating the species of the plant.
(b) ESTABLISHMENT.—Not later than 180 days after the date
on which funds are made available to carry out this section, the
Secretary shall, in accordance with any existing laws and management policies, carry out a pilot program to prioritize the use of
native plant species within geographically diverse units of the
National Park System and public land administered by the Bureau
of Land Management.
(c) IMPLEMENTATION.—In carrying out the pilot program under
subsection (b), the Secretary shall, to the extent practicable—
(1) give preference to the use of locally adapted native
plant materials where appropriate;
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(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.
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SEC. 102. REAUTHORIZATION OF THE HIGHLANDS CONSERVATION
ACT.
The Highlands Conservation Act (Public Law 108–421; 118
Stat. 2375) is amended—
(1) in section 3—
(A) by amending paragraph (1) to read as follows:
‘‘(1) HIGHLANDS REGION.—The term ‘Highlands region’
means—
‘‘(A) the area depicted on the map entitled ‘The Highlands Region’, dated June 2004, updated after the date
of enactment of this subparagraph to comprise each municipality included on the list of municipalities included in
the Highlands region as of that date of enactment, and
maintained in the headquarters of the Forest Service in
Washington, District of Columbia; and
‘‘(B) a municipality approved by the Director of the
United States Fish and Wildlife Service under section 4(e).’’;
(B) in paragraph (3), by amending subparagraph (B)
to read as follows:
‘‘(B) identified by a Highlands State as having high
conservation value using the best available science and
geographic information systems; and’’;
(C) in paragraph (4)(A), by striking ‘‘; or’’ and inserting
‘‘, including a political subdivision thereof; or’’; and
(D) by striking paragraphs (5) through (7);
(2) in section 4—
(A) in subsection (a)(1), by striking ‘‘in the Study’’
and all that follows through the end of the paragraph
and inserting ‘‘using the best available science and
geographic information systems; and’’;
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118 Stat. 2375.
118 Stat. 2376.
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118 Stat. 2377.
118 Stat. 2378.
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43 USC 776.
PUBLIC LAW 117–328—DEC. 29, 2022
(B) in subsection (c), by amending paragraph (5) to
read as follows:
‘‘(5) provides that land conservation partnership projects
will be consistent with areas identified as having high conservation value in accordance with the purposes described in section
2 in the Highlands region.’’;
(C) in subsection (e), by striking ‘‘fiscal years 2005
through 2021’’ and inserting ‘‘fiscal years 2023 through
2029’’;
(D) by redesignating subsection (e) as subsection (g);
and
(E) by inserting after subsection (d) the following:
‘‘(e) REQUEST FOR INCLUSION OF ADDITIONAL MUNICIPALITY.—
The Director of the United States Fish and Wildlife Service may,
at the request of a Highlands State, with the concurrence of the
municipality, approve the inclusion of a municipality within the
State as part of the Highlands region.
‘‘(f) LIMITATION ON ADMINISTRATIVE EXPENSES.—
‘‘(1) FEDERAL ADMINISTRATION.—The Secretary of the
Interior may not expend more than $300,000 for the administration of this Act in each fiscal year.
‘‘(2) STATE ADMINISTRATION.—A State that receives funds
under this section for a land conservation partnership project
may not use more than 5 percent of the funds to administer
the land conservation partnership project.’’;
(3) in section 5—
(A) in subsection (a), by striking ‘‘the Study, Update,
and any future study that the Forest Service may undertake in’’;
(B) in subsection (b)—
(i) in paragraph (1), by striking ‘‘, including a
Pennsylvania and Connecticut Update’’; and
(ii) in paragraph (2), by striking ‘‘the findings’’
and all that follows through the end of the paragraph
and
inserting
‘‘with
stakeholders
regarding
implementation of the program; and’’; and
(C) in subsection (c), by striking ‘‘2005 through 2014’’
and inserting ‘‘2023 through 2029’’; and
(4) in section 6, by adding at the end the following:
‘‘(f) APPRAISAL METHODOLOGY.—
‘‘(1) IN GENERAL.—With respect to an appraisal related
to a land acquisition carried out under this Act, a Highlands
State shall use an appraisal methodology approved by the Secretary of the Interior.
‘‘(2) ALTERNATIVE APPRAISAL METHODOLOGY.—A Highlands
State may petition the Secretary of the Interior to consider
an alternative appraisal methodology when there is a conflict,
in any Highlands State, between—
‘‘(A) an appraisal methodology approved by the Secretary of the Interior under paragraph (1); and
‘‘(B) applicable State law.’’.
SEC. 103. CADASTRE OF FEDERAL REAL PROPERTY.
(a) DEFINITIONS.—In this section:
(1) CADASTRE.—
(A) IN GENERAL.—The term ‘‘cadastre’’ means an inventory of real property developed through collecting, storing,
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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—
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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) INTERAGENCY DATA STANDARDIZATION.—Not later than
18 months after the date of enactment of this Act, the Secretaries concerned shall jointly develop and adopt interagency
standards to ensure compatibility and interoperability among
applicable Federal databases with respect to the collection and
dissemination of data relating to Federal real property.
(2) DEVELOPMENT OF CADASTRE.—Not later than 2 years
after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall
develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction
of the Secretaries concerned to support Federal land management activities on Federal real property, including—
(A) resource development and conservation;
(B) agricultural use;
(C) active forest management;
(D) environmental protection; and
(E) other use of the real property.
(3) CONSOLIDATION AND REPORT.—Not later than 180 days
after the date of enactment of this Act, the Secretaries concerned shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report describing—
(A) the existing real property inventories or any components of any cadastre of Federal real property currently
authorized by law or maintained by the Secretary concerned, including—
(i) the statutory authorization for each existing
real property inventory or component of a cadastre;
and
(ii) the amount expended by the Federal Government for each existing real property inventory or
component of a cadastre in fiscal year 2022;
(B) the existing real property inventories or any components of any cadastre of Federal real property currently
authorized by law or maintained by the Secretary concerned that will be eliminated or consolidated into the
multipurpose cadastre under paragraph (2);
(C)(i) the existing real property inventories or any
components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary
concerned that will not be eliminated or consolidated into
the multipurpose cadastre under paragraph (2); and
(ii) a justification for not eliminating or consolidating
an existing real property inventory or component of a
cadastre described in clause (i) into the multipurpose
cadastre under paragraph (2);
(D) the use of existing real property inventories or
any components of any cadastre currently maintained by
any unit of State or local government that can be used
to identify Federal real property within that unit of government;
Deadline.
Deadline.
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Inventory.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) a plan for the implementation of this section,
including a cost estimate and an assessment of the feasibility of using revenue from any transactional activity
authorized by law to offset any costs of implementing this
section; and
(G) recommendations for any legislation necessary to
increase the cost savings and enhance the effectiveness
and efficiency of replacing, eliminating, or consolidating
Federal real property inventories or any components of
any cadastre of Federal real property currently authorized
by law or maintained by the Secretary concerned.
(4) COORDINATION.—
(A) IN GENERAL.—In carrying out this section, the Secretaries concerned shall—
(i) participate (in accordance with section 216 of
the E-Government Act of 2002 (44 U.S.C. 3501 note;
Public Law 107–347) and section 757 of the Geospatial
Data Act of 2018 (43 U.S.C. 2806)) in the establishment
of such standards and common protocols as are necessary to ensure the interoperability of geospatial
information pertaining to the cadastre under paragraph (2) for all users of the information;
(ii) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic
Data Committee established by section 753(a) of the
Geospatial Data Act of 2018 (43 U.S.C. 2802(a)) for
the implementation of and compliance with such standards and requirements of that Act as may be applicable
to—
(I) the cadastre under paragraph (2); and
(II) any aspect of the development of the
cadastre under paragraph (2);
(iii) integrate, or make the cadastre interoperable
with, the Federal Real Property Profile or other inventories established pursuant to Executive Order 13327
(40 U.S.C. 121 note; relating to Federal real property
asset management), the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law
114–287), or the Federal Property Management Reform
Act of 2016 (Public Law 114–318; 130 Stat. 1608);
and
(iv) to the maximum extent practicable, integrate
with and leverage current cadastre activities of units
of State and local government.
(B) CONTRACTS CONSIDERED SURVEYING AND MAPPING.—
(i) IN GENERAL.—A contract between the Secretaries concerned and a member of the private sector
to provide products and services for the development
of the cadastre shall be considered to be a contract
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Implementation
plan.
Cost estimate.
Assessment.
Recommendations.
PUBL328
136 STAT. 5580
Web posting.
Data.
PUBLIC LAW 117–328—DEC. 29, 2022
for services of surveying and mapping (within the
meaning of chapter 11 of title 40, United States Code).
(ii) SELECTION PROCEDURES.—A contract described
in clause (i) shall be entered into in accordance with
the selection procedures in chapter 11 of title 40,
United States Code.
(c) TRANSPARENCY AND PUBLIC ACCESS.—The Secretary concerned shall—
(1) in accordance with any requirements applicable to the
Secretary concerned under section 759 of the Geospatial Data
Act of 2018 (43 U.S.C. 2808), make the cadastre under subsection (b)(2) publicly available on the internet—
(A) in a graphically geo-enabled and searchable format;
and
(B) in a manner that is consistent with, and meets
any requirements for integration with, the GeoPlatform
established under section 758(a) of that Act (43 U.S.C.
2807(a));
(2) ensure that the inventory referred to in subsection
(b) includes the identification of all land suitable for disposal
and the appraised value of the land, if an appraisal has been
conducted, in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(3) in consultation with the Secretary of Defense and the
Secretary of Homeland Security, prevent the disclosure of any
parcel or parcels of land, any buildings or facilities on the
land, or any information related to the land, buildings, or
facilities if that disclosure would impair or jeopardize the
national security or homeland defense of the United States.
(d) APPLICABLE LAW.—Any data that is part of the cadastre
developed under subsection (b)(2) shall be—
(1) considered to be geospatial data for purposes of the
Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq.); and
(2) subject to the requirements of that Act.
(e) EFFECT.—Nothing in this section—
(1) creates any substantive or procedural right or benefit;
or
(2) requires or authorizes—
(A) any new surveying or mapping of Federal real
property;
(B) the evaluation of any parcel of land or other real
property for potential management by a non-Federal entity;
(C) the disposal of any Federal real property; or
(D) any new appraisal or assessment of—
(i) the value of any parcel of Federal land or other
real property; or
(ii) the cultural and archaeological resources on
any parcel of Federal land or other real property.
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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)—
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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
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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.’’.
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Public
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Web posting.
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PUBLIC LAW 117–328—DEC. 29, 2022
(b) ESTABLISHMENT.—Section 511(b) of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll–11(b)) is amended
by striking paragraph (3) and inserting the following:
‘‘(3) STATUS OF UNIT.—The Secretary shall administer the
Recreation Area as a separate unit of the National Forest
System.’’.
(c) ADVISORY BOARD.—Section 522 of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll–22) is amended—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘17’’ and inserting ‘‘13’’;
(B) by striking paragraphs (4) and (5);
(C) in paragraph (3), by adding ‘‘and’’ after the semicolon at the end; and
(D) by redesignating paragraph (6) as paragraph (4);
(2) in subsection (c), by striking paragraph (2) and inserting
the following:
‘‘(2) NONCONSECUTIVE TERMS.—Members of the Advisory
Board may serve multiple terms, but may not serve consecutive
terms.’’;
(3) in subsection (f)—
(A) in the matter preceding paragraph (1), by striking
‘‘may advise’’ and inserting ‘‘shall advise’’;
(B) in paragraph (1), by striking ‘‘and’’ after the semicolon at the end;
(C) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
‘‘(3) an annual work plan for recreation and environment
education areas in the Recreation Area, including the heritage
program, with the nonappropriated amounts in the Land
Between the Lakes Management Fund;
‘‘(4) an annual forest management and harvest plan for
the Recreation Area; and
‘‘(5) the Land Between the Lakes Management Fund.’’;
and
(4) in subsection (g)—
(A) in paragraph (1), by striking ‘‘biannually’’ and
inserting ‘‘twice each year’’;
(B) in paragraph (3), by inserting ‘‘, on a public website
of the Department of Agriculture,’’ before ‘‘and by’’; and
(C) by adding at the end the following:
‘‘(4) MINUTES.—The Secretary shall publish the minutes
of each meeting of the Advisory Board on a public website
of the Department of Agriculture.’’.
(d) FEES.—Section 523(a) of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll–23(a)) is amended by
striking ‘‘may charge reasonable fees’’ and inserting ‘‘shall charge
reasonable fees, in consultation with the Advisory Board and consistent with the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801 et seq.),’’.
(e) DISPOSITION OF RECEIPTS.—Section 524 of the Land Between
the Lakes Protection Act of 1998 (16 U.S.C. 460lll–24) is amended
by striking subsection (b) and inserting the following:
‘‘(b) USE.—Amounts in the Land Between the Lakes Management Fund shall be available to the Secretary until expended,
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PUBLIC LAW 117–328—DEC. 29, 2022
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) make available on a public website of the Department
of Agriculture any memoranda of understanding entered into
under paragraph (1).’’.
(g) CEMETERIES.—Section 528 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll–28) is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(a) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following:
‘‘(b) LAND FOR PLOTS FOR QUALIFIED RESIDENTS OR RELATIVES.—
‘‘(1) REQUESTS.—The Secretary, on request from a qualified
resident or relative or a cemetery association, shall grant additional land for the minor expansion of existing cemeteries
within the Recreation Area, to the extent necessary, to allow
for the burial of qualified residents or relatives.
‘‘(2) EXPENSES.—Any expenses required to move border
fences or markers due to an expansion under paragraph (1)
shall be the responsibility of the person making the request
under that paragraph.’’.
(h) RESOURCE MANAGEMENT.—Section 529 of the Land Between
the Lakes Protection Act of 1998 (16 U.S.C. 460lll–29) is amended
by adding at the end the following:
‘‘(c) HISTORICAL RESOURCES.—
‘‘(1) IN GENERAL.—The Secretary shall identify and manage
the historical resources of the Recreation Area—
‘‘(A) in accordance with the requirements of division
A of subtitle III of title 54, United States Code (formerly
known as the ‘National Historic Preservation Act’); and
‘‘(B) in consultation with qualified residents or relatives.
‘‘(2) CONSIDERATION.—The Secretary shall—
‘‘(A) in accordance with applicable law, give consideration to requests by qualified residents or relatives to use
and maintain traditional sites, buildings, cemeteries, and
other areas of cultural importance in the Recreation Area;
and
‘‘(B) consult with qualified residents or relatives in
the management of the historical resources of the Recreation Area.’’.
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Public
information.
Web posting.
Consultation.
PUBL328
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PUBLIC LAW 117–328—DEC. 29, 2022
(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.
Determination.
Evaluation.
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Determination.
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(a) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(2) STUDY AREA.—The term ‘‘study area’’ means the islands
of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai in the
State of Hawaii.
(b) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a study—
(A) to determine the suitability and feasibility of establishing a unit of the National Forest System in the study
area; and
(B) to identify available land within the study area
that could be included in the unit described in subparagraph (A).
(2) COORDINATION AND CONSULTATION.—In conducting the
study under paragraph (1), the Secretary shall—
(A) coordinate with the Hawaii Department of Land
and Natural Resources; and
(B) consult with the Hawaii Department of Agriculture
and other interested governmental entities, private and
nonprofit organizations, and any interested individuals.
(3) CONTENTS.—In conducting the study under paragraph
(1), the Secretary shall—
(A) consider unique vegetation types that occur in the
study area and that should be targeted for inclusion in
the unit of the National Forest System described in paragraph (1)(A);
(B) evaluate the ability of the Secretary—
(i) to improve and protect forest areas within the
study area; and
(ii) to secure favorable water flows within the study
area;
(C) determine whether the unit of the National Forest
System described in paragraph (1)(A) would expand,
enhance, or duplicate—
(i) resource protection; and
(ii) visitor-use opportunities;
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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) evaluate the willingness of landowners to sell or
transfer land in the study area to the Secretary;
(F) evaluate the suitability of land in the study area
for potential selection and designation as a research natural
area or an experimental forest;
(G) identify cost estimates for any Federal acquisition,
development, operation, and maintenance that would be
needed to establish the unit of the National Forest System
described in paragraph (1)(A); and
(H) consider other alternatives for the conservation,
protection, and use of areas within the study area by the
Federal Government, State or local government entities,
or private and nonprofit organizations.
(c) EFFECT.—Nothing in this section authorizes the Secretary
to take any action that would affect the use of any land owned
by the United States or not owned by the United States.
(d) REPORT.—Not later than 3 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that describes—
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
Evaluation.
Evaluation.
TITLE III—LAND CONVEYANCES AND
EXCHANGES
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SEC. 301. GILT EDGE MINE CONVEYANCE.
South Dakota.
(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.—
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PUBLIC LAW 117–328—DEC. 29, 2022
(A) IN GENERAL.—After the State submits an offer
under paragraph (1), the Secretary shall complete an
appraisal to determine the market value of the Federal
land.
(B) STANDARDS.—The appraisal under subparagraph
(A) shall be conducted in accordance with—
(i) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(4) MAP.—
(A) AVAILABILITY OF MAP.—The map shall be kept on
file and available for public inspection in the appropriate
office of the Forest Service.
(B) CORRECTION OF ERRORS.—The Secretary may correct any errors in the map.
(5) CONSIDERATION.—As consideration for the conveyance
under paragraph (1), the State shall pay to the Secretary an
amount equal to the market value of the Federal land, as
determined by the appraisal under paragraph (3).
(6) SURVEY.—The State shall prepare a survey that is
satisfactory to the Secretary of the exact acreage and legal
description of the Federal land to be conveyed under paragraph
(1).
(7) COSTS OF CONVEYANCE.—As a condition on the conveyance under paragraph (1), the State shall pay all costs associated with the conveyance, including the cost of—
(A) the appraisal under paragraph (3); and
(B) the survey under paragraph (6).
(8) PROCEEDS FROM THE SALE OF LAND.—Any proceeds
received by the Secretary from the conveyance under paragraph
(1) shall be available to the Secretary until expended, without
further appropriation, for the maintenance and improvement
of land or administration facilities in the Black Hills National
Forest in the State.
(9) ENVIRONMENTAL CONDITIONS.—Notwithstanding section
120(h)(3)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)(3)(A)), the Secretary shall not be required to provide
any covenant or warranty for the Federal land conveyed to
the State under this section.
Determination.
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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—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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 Stateselected land for inclusion in the program established under
subsection (b), of which not more than 360,000 acres may
be conveyed and patented to the University.
(2) TECHNICAL ASSISTANCE.—On the request of the State
and the University, the Secretary shall provide technical assistance in the identification of available State-selected land for
inclusion in the program established under subsection (b).
(3) MAPS.—As soon as practicable after the date on which
the available State-selected land is identified under paragraph
(1), the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives 1 or more
maps depicting the available State-selected land identified for
potential conveyance to the University.
(4) CONVEYANCE.—Subject to paragraph (5), if the State
and the University notify the Secretary in writing that the
State and the University jointly concur with the conveyance
of all or a portion of the available State-selected land identified
under paragraph (1), and that the State will conditionally relinquish the selection rights of the State to the land covered
by the notification on the issuance of the land being tentatively
approved, and will fully relinquish those selection rights on
final patent by the Secretary to the University, the Secretary
shall convey the applicable identified available State-selected
land to the University, subject to valid existing rights, in the
same manner and subject to the same terms, conditions, and
limitations as is applicable to the State under section 6(b)
of Public Law 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 21) and other applicable law,
to be held in trust for the exclusive use and benefit of the
University, to be administered in accordance with subsection
(e).
(5) TERMS AND CONDITIONS.—
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Notification.
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(A) MAXIMUM ACREAGE.—Subject to subparagraph (C),
the Secretary shall convey not more than a total of 360,000
acres of available State-selected land to the University
under this subsection, not to exceed the remaining entitlement of the State under section 6(b) of Public Law 85–
508 (commonly known as the ‘‘Alaska Statehood Act’’) (48
U.S.C. note prec. 21).
(B) LETTERS OF CONCURRENCE.—For purposes of paragraph (4) and subject to the maximum acreage limitation
under paragraph (1), the State and the University may
submit to the Secretary 1 or more joint letters of concurrence identifying parcels of available State selected land
for conveyance as a subset of the total acres to be conveyed
under this subsection.
(C) ACREAGE CHARGED AGAINST ALASKA STATEHOOD ACT
ENTITLEMENT.—The acreage of land conveyed to the University under this subsection shall be charged against the
remaining entitlement of the State under section 6(b) of
Public Law 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 21).
(D) SURVEY COSTS.—In accordance with Public Law
85–508 (commonly known as the ‘‘Alaska Statehood Act’’)
(48 U.S.C. note prec. 21), the Secretary shall be responsible
for the costs of required surveys.
(E) SUBMERGED LANDS.—Lands beneath navigable
waters (as defined in section 2 of the Submerged Lands
Act (43 U.S.C. 1301)) shall not be available for conveyance
to the University under the program established under
subsection (b).
(d) UNIVERSITY OF ALASKA INHOLDINGS.—
(1) IN GENERAL.—The Secretary or the Secretary of Agriculture, as appropriate, may acquire by purchase or exchange,
with the consent of the University, University-owned inholdings
within Federal land in the State.
(2) APPRAISALS.—The value of the land to be exchanged
or acquired under this subsection shall be determined by the
Secretary or the Secretary of Agriculture, as appropriate,
through appraisals conducted—
(A) in accordance with—
(i) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice; and
(B) by a qualified appraiser mutually agreed to by
the Secretary or the Secretary of Agriculture, as appropriate, and the University.
(3) EQUAL VALUE EXCHANGES.—For any land exchange
entered into under this subsection, the Federal land and
University-owned inholdings exchanged shall be of equal value.
(4) PURCHASE ACQUISITIONS.—Pursuant to chapter 2003
of title 54, United States Code, amounts in the Land and
Water Conservation Fund established by section 200302 of
that title may be used for the purchase of University-owned
inholdings within Federal land in the State under this subsection.
(5) REQUIREMENT.—Any land acquired by the United States
under this subsection shall be administered in accordance with
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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) 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.
Deadline.
SEC. 303. BONNEVILLE SHORELINE TRAIL WILDERNESS BOUNDARY
ADJUSTMENTS.
(a) WILDERNESS AREA INCLUDED IN MOUNT OLYMPUS WILDERSection 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:
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NESS.—
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136 STAT. 5590
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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:
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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).
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SEC. 304. ARIZONA EXPERIMENT STATION LAND CONVEYANCE.
(a) DEFINITIONS.—In this section:
(1) EASEMENT.—The term ‘‘easement’’ means an easement
to access and use Forest Service Road 9201D from its junction
with Forest Service Road 0618 (commonly known as ‘‘Beaver
Creek’’).
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the
approximately 13.3 acres of National Forest System land within
the Coconino National Forest in the State of Arizona, as generally depicted on the map entitled ‘‘Act to Convey Certain
NFS Land and non-Federal Land in Arizona Winter Quarters’’
and dated June 20, 2019.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(4) UNIVERSITY.—The term ‘‘University’’ means the Arizona
Board of Regents, acting on behalf of the University of Arizona
Experiment Station.
(b) COCONINO NATIONAL FOREST LAND CONVEYANCE.—
(1) CONVEYANCE AUTHORIZED.—Subject to this subsection,
if the University submits to the Secretary not later than 180
days after the date of enactment of this Act a written request
to acquire the Federal land for market value, as determined
by the appraisal conducted under paragraph (4), the Secretary
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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) 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.
Deadline.
Determination.
Washington.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 305. WIND RIVER ADMINISTRATIVE SITE CONVEYANCE.
(a) DEFINITIONS.—In this section:
(1) COUNTY.—The term ‘‘County’’ means Skamania County,
Washington.
(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Wind
River Administrative Site Conveyance Proposal’’ and dated July
7, 2020.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) CONVEYANCE OF LAND AND IMPROVEMENTS.—If the County
submits a written request to the Secretary not later than 180
days after the date of enactment of this Act, the Secretary shall,
not later than 2 years after the date of the enactment of this
Act, convey to the County all right, title, and interest of the United
States in and to the approximately 23.4 acres of National Forest
System land, related infrastructure, and all improvements, as generally depicted as ‘‘proposed conveyance’’ on the map.
(c) MAP.—
(1) AVAILABILITY OF MAP.—The map shall be kept on file
and available for public inspection in the appropriate office
of the Forest Service.
(2) CORRECTION OF ERRORS.—The Secretary may correct
minor errors in the map.
(d) TERMS AND CONDITIONS.—
(1) IN GENERAL.—The conveyance under subsection (b) shall
be—
(A) subject to valid existing rights;
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
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PUBLIC LAW 117–328—DEC. 29, 2022
(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.
Applicability.
(a) IN GENERAL.—Notwithstanding any other provision of law,
the Secretary may issue a right-of-way permit pursuant to part
14 of title 36, Code of Federal Regulations (as in effect on the
date of the enactment of this Act), for the covered main segment
if the covered main segment is relocated to a proposed realignment
of Valley Forge Park Road and North Gulph Road within the
Park.
(b) SCOPE OF AUTHORITY.—The authority to grant a rightof-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
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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)).
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PUBLIC LAW 117–328—DEC. 29, 2022
(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.
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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.—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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
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note.
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136 STAT. 5598
PUBLIC LAW 117–328—DEC. 29, 2022
(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).
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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:
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
16 USC 1276
note.
SEC. 404. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, KISSIMMEE RIVER, FLORIDA.
(a) IN GENERAL.—Section 5(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(a)) (as amended by section 403(a)) is amended
by adding at the end the following:
‘‘(146) KISSIMMEE RIVER, FLORIDA.—The restored segment
of the Kissimmee River, beginning approximately 16 miles
downstream of Lake Kissimmee and ending approximately 15
miles upstream of Lake Okeechobee.’’.
(b) STUDIES AND REPORTS.—Section 5(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)) (as amended by section 403(b)) is
amended by adding at the end the following:
‘‘(23) KISSIMMEE RIVER, FLORIDA.—Not later than 3 years
after the date on which funds are made available to carry
out this paragraph, the Secretary of the Interior shall—
‘‘(A) complete the study of the Kissimmee River, Florida
named in paragraph (146) of subsection (a); and
‘‘(B) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes the results of the study.’’.
(c) EFFECT ON MANAGEMENT.—This section and the amendments made by this section shall not interfere with the current
management of the area of the Kissimmee River described in paragraph (146) of section 5(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1276(a)), nor shall the fact that such area is listed
for study under that Act be used as justification for more restrictive
management until Congress acts on the study recommendations.
Deadline.
16 USC 1276
note.
TITLE V—NATIONAL TRAILS SYSTEM
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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.’’.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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. BUCKEYE NATIONAL SCENIC TRAIL FEASIBILITY STUDY.
Ohio.
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
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SEC. 601. NEW PHILADELPHIA NATIONAL HISTORIC SITE.
(a) DEFINITIONS.—In this section:
(1) HISTORIC SITE.—The term ‘‘historic site’’ means the
New Philadelphia National Historic Site established by subsection (b)(1).
(2) STATE.—The term ‘‘State’’ means the State of Illinois.
(b) ESTABLISHMENT OF NEW PHILADELPHIA NATIONAL HISTORIC
SITE.—
(1) ESTABLISHMENT.—There is established in the State as
a unit of the National Park System the New Philadelphia
National Historic Site.
(2) PURPOSE.—The purpose of the historic site is to protect,
preserve, and interpret the historic resources associated with
the town of New Philadelphia, the first town in the United
States planned and legally registered by a free African American before the Civil War.
(3) BOUNDARY.—The historic site shall consist of the
approximately 124.33 acres of land within the boundary generally depicted as ‘‘Proposed Boundary’’ on the map prepared
by the National Park Service entitled ‘‘New Philadelphia
National Historic Site Proposed Boundary’’, numbered 591/
176,516, and dated July 2021.
(c) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary shall administer land
within the boundary of the historic site in accordance with—
(A) this section; and
(B) the laws generally applicable to units of the
National Park System, including—
(i) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54,
United States Code; and
(ii) chapter 3201 of title 54, United States Code.
(2) COOPERATIVE AGREEMENTS.—
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Illinois.
54 USC 320101
note.
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136 STAT. 5602
PUBLIC LAW 117–328—DEC. 29, 2022
(A) IN GENERAL.—The Secretary may enter into
cooperative agreements with the State or other public and
private entities—
(i) to coordinate preservation and interpretation
activities within the historic site; and
(ii) to identify, interpret, and provide assistance
for the preservation and interpretation of non-Federal
land within the boundary of the historic site and at
sites in close proximity to the historic site that are
located outside the boundary of the historic site.
(B) PUBLIC ACCESS.—Any cooperative agreement
entered into under subparagraph (A) to provide assistance
to non-Federal land shall provide for reasonable public
access to the non-Federal land.
(3) ACQUISITION OF LAND.—
(A) IN GENERAL.—Subject to subparagraph (B), the Secretary may acquire land and interests in land for inclusion
in the historic site by—
(i) donation;
(ii) purchase with donated or appropriated funds;
or
(iii) exchange.
(B) LIMITATION.—Any land owned by the State or a
political subdivision of the State may be acquired for inclusion in the historic site only by donation.
(4) TECHNICAL AND PRESERVATION ASSISTANCE.—The Secretary may provide public interpretation and technical assistance for the preservation of historic structures of, the maintenance of the cultural landscape of, and local preservation planning for, related historic and cultural resources within the
boundaries of the historic site.
(5) MANAGEMENT PLAN.—Not later than 3 fiscal years after
the date on which funds are first made available to carry
out this section, the Secretary, in consultation with the State,
shall complete a general management plan for the historic
site in accordance with—
(A) section 100502 of title 54, United States Code;
and
(B) any other applicable laws.
Deadline.
Subtitle B—Modifications to Existing Units
of the National Park System
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54 USC 320301
note.
SEC.
611.
SUNSET CRATER VOLCANO
BOUNDARY ADJUSTMENT.
NATIONAL
MONUMENT
(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
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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).
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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:
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136 STAT. 5604
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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.’’.
16 USC
459b–7 note.
Effective date.
SEC. 613. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.
Effective September 26, 2018, section 8 of Public Law 87–
126 (16 U.S.C. 459b–7) is amended—
(1) in subsection (a), in the second sentence, by striking
‘‘2018’’ and inserting ‘‘2029’’;
(2) by striking subsection (g); and
(3) by redesignating subsection (h) as subsection (g).
SEC.
614.
CANE RIVER CREOLE NATIONAL
BOUNDARY MODIFICATION.
HISTORICAL
PARK
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)’’.
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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’’;
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(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’’.
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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
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‘‘(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.’’.
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Illinois.
16 USC 410jjjj.
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SEC. 619. DESIGNATION OF PULLMAN NATIONAL HISTORICAL PARK.
(a) DEFINITIONS.—In this section:
(1) HISTORICAL PARK.—The term ‘‘historical park’’ means
the Pullman National Historical Park.
(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Pullman National Historical Park Boundary’’, numbered 590/
125,485, and dated November 2021.
(b) REDESIGNATION OF PULLMAN NATIONAL MONUMENT.—
(1) IN GENERAL.—The Pullman National Monument, established by Proclamation Number 9233, dated February 19, 2015,
is redesignated as the ‘‘Pullman National Historical Park’’.
(2) AVAILABILITY OF FUNDS.—Any funds available for purposes of the Pullman National Monument shall be available
for purposes of the historical park.
(3) REFERENCES.—Any references in a law, regulation,
document, record, map, or other paper of the United States
to the Pullman National Monument shall be considered to
be a reference to the historical park.
(4) PROCLAMATION.—Proclamation Number 9233, dated
February 19, 2015, shall have no force or effect.
(c) PURPOSES.—The purposes of the historical park are to preserve, protect, and interpret Pullman’s nationally significant cultural and historical resources associated with—
(1) the labor history of the United States and creation
of a national Labor Day holiday;
(2) the first planned industrial community in the United
States;
(3) the architecture and landscape design of the planned
community;
(4) the pivotal role of the Pullman porter in the rise of
the African-American middle class; and
(5) the entirety of history, culture, and historic figures
embodied in Presidential Proclamation Number 9233.
(d) ADMINISTRATION.—The Secretary shall administer the land
within the boundary of the historical park in accordance with—
(1) this section; and
(2) the laws generally applicable to units of the National
Park System, including—
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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) INCONSISTENT PURPOSES.—Any payment made by the
Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of the project for
purposes that are inconsistent with the purposes of this section,
as determined by the Secretary, shall result in a right of
the United States to reimbursement of the greater of—
(A) the amount provided by the Secretary to the project;
and
(B) an amount equal to the increase in the value of
the project that is attributable to the funds, as determined
by the Secretary at the time of the conversion, use, or
disposal.
(g) ACQUISITION OF LAND.—The Secretary may acquire for inclusion in the historical park any land (including interests in land),
buildings, or structures owned by the State of Illinois, or any
other political, private, or nonprofit entity by donation, transfer,
exchange, or purchase from a willing seller.
(h) MANAGEMENT PLAN.—Not later than 3 fiscal years after
the date on which funds are first made available to carry out
this section, the Secretary shall complete a management plan for
the historical park.
Determination.
Reimbursement.
Deadline.
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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.—
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‘‘(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’’.
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Virgin Islands.
16 USC 398 note.
SEC. 621. INSTALLATION OF PLAQUE COMMEMORATING SLAVE REBELLION ON ST. JOHN.
Deadline.
(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall install, in an appropriate
location in the area of the Ram Head trail at the peak of Ram
Head in the Virgin Islands National Park on St. John, United
States Virgin Islands, a suitable plaque to commemorate the slave
rebellion that began on St. John on November 23, 1733.
(b) CONTENTS OF PLAQUE.—The plaque installed under subsection (a) shall include information regarding—
(1) important facts about the slave rebellion that began
on St. John in 1733;
(2) the collective suicide that occurred during the slave
rebellion in the vicinity of Ram Head on St. John in 1734;
and
(3) the significance of the slave rebellion to the history
of St. John, the United States Virgin Islands, and the United
States.
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136 STAT. 5609
Subtitle C—National Park Service Studies
SEC. 631. SPECIAL RESOURCE STUDY OF JOHN P. PARKER HOUSE.
(a) DEFINITION OF STUDY AREA.—In this section, the term
‘‘study area’’ means the John P. Parker House in Ripley, Ohio,
which was recognized as a National Historic Landmark in 1997.
(b) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a special
resource study of the study area to determine the suitability
and feasibility of establishing the John P. Parker House in
Ripley, Ohio, as a unit of the National Park System.
(2) CONTENTS.—In conducting the study under paragraph
(1), the Secretary shall—
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal
Government, State or local government entities, or private
and nonprofit organizations;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives described in subparagraphs (B) and (C).
(3) STUDY REQUIREMENTS.—The Secretary shall conduct the
study in accordance with section 100507 of title 54, United
States Code.
(4) REPORT.—Not later than 18 months after the date on
which funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes—
(A) the results of the study; and
(B) any recommendations of the Secretary.
Ohio.
Evaluation.
Determination.
Consultation.
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SEC. 632. DEARFIELD, COLORADO, SPECIAL RESOURCE STUDY.
(a) DEFINITION OF STUDY AREA.—In this section, the term
‘‘study area’’ means the site known as ‘‘Dearfield’’, in Weld County,
Colorado, which was a historically black agricultural settlement
founded by Oliver Toussaint Jackson.
(b) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a special
resource study of the study area.
(2) CONTENTS.—In conducting the study under paragraph
(1), the Secretary shall—
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal
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Jackson.
Evaluation.
Determination.
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Consultation.
PUBLIC LAW 117–328—DEC. 29, 2022
Government, State or local government entities, or private
and nonprofit organizations;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives described in subparagraphs (B) and (C).
(3) APPLICABLE LAW.—The study required under paragraph
(1) shall be conducted in accordance with section 100507 of
title 54, United States Code.
(c) REPORT.—Not later than 3 years after the date on which
funds are first made available to carry out the study under subsection (b)(1), the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report
that describes—
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
SEC. 633. SPECIAL RESOURCE STUDY OF LYNCHING LOCATIONS.
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.
Evaluation.
Determination.
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Consultation.
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(a) DEFINITION OF STUDY AREA.—In this section, the term
‘‘study area’’ means sites within approximately 100 miles of Memphis, Tennessee, at which lynchings took place, including the
lynching sites of—
(1) Wash Henley in 1869;
(2) Christopher Bender and Bud Whitfield in 1868;
(3) Thomas Moss, Will Stewart, and Calvin McDowell in
1892 during the event referred to as ‘‘The People’s Grocery
Lynchings’’;
(4) Lee Walker in 1893;
(5) Warner Williams, Daniel Hawkins, Robert Haynes,
Edward Hall, John Hayes, and Graham White in 1894;
(6) Ell Persons in 1917;
(7) Jesse Lee Bond in 1939; and
(8) Elbert Williams in 1940.
(b) STUDY.—The Secretary shall conduct a special resource
study of the study area.
(c) CONTENTS.—In conducting the special resource study under
subsection (b), the Secretary shall—
(1) evaluate the national significance of the study area;
(2) determine the suitability and feasibility of designating
the study area as a unit of the National Park System;
(3) consider other alternatives for preservation, protection,
and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations;
(4) consult with interested Federal agencies, State or local
governmental entities, private and nonprofit organizations, or
any other interested persons; and
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance associated with the alternatives.
(d) APPLICABLE LAW.—The special resource study required
under subsection (b) shall be conducted in accordance with section
100507 of title 54, United States Code.
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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) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal
Government, State or local government entities, or private
and nonprofit organizations;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives.
(3) APPLICABLE LAW.—The study required under paragraph
(1) shall be conducted in accordance with section 100507 of
title 54, United States Code.
(4) REPORT.—Not later than 3 years after the date on
which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate
a report that describes—
(A) the results of the study; and
(B) any conclusions and recommendations of the Secretary.
Evaluation.
Determination.
Consultation.
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Subtitle D—National Park Service
Programs
SEC. 641. ACQUISITION OF LAND FOR ADMINISTRATIVE PURPOSES
OF HISTORIC PRESERVATION TRAINING CENTER.
Maryland.
(a) DEFINITIONS.—In this section:
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(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).
40 USC 8909
note.
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Disctict of
Columbia.
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SEC. 642. WAIVER OF SPECIAL USE PERMIT APPLICATION FEE FOR
VETERANS’ SPECIAL EVENTS.
(a) DEFINITIONS.—In this section:
(1) MEMBER OF A GOLD STAR FAMILY.—The term ‘‘member
of a Gold Star Family’’ means any individual that meets the
eligibility requirements of section 3.2 of Department of Defense
Instruction 1348.36 (or a successor instruction).
(2) SPECIAL EVENTS.—The term ‘‘special events’’ has the
meaning given the term in section 7.96(g)(1) of title 36, Code
of Federal Regulations (or a successor regulation).
(3) THE DISTRICT OF COLUMBIA AND ITS ENVIRONS.—The
term ‘‘the District of Columbia and its environs’’ has the
meaning given the term in section 8902(a) of title 40, United
States Code.
(4) VETERAN.—The term ‘‘veteran’’ has the meaning given
the term in section 101 of title 38, United States Code.
(5) VETERANS’ SPECIAL EVENT.—The term ‘‘veterans’ special
event’’ means a special event at which the majority of attendees
are veterans or members of Gold Star Families.
(6) WAR MEMORIAL.—The term ‘‘war memorial’’ means any
memorial or monument that has been erected or dedicated
to commemorate a military unit, military group, war, conflict,
victory, or peace.
(b) WAIVER.—The application fee for any application for a special use permit, the sole purpose of which is to hold a veterans’
special event at a war memorial on land administered by the
National Park Service in the District of Columbia and its environs,
shall be waived.
(c) APPLICABILITY OF EXISTING LAWS.—Notwithstanding subsection (b), an applicant for a special use permit described in
that subsection shall be subject to any other law (including regulations) or policy applicable to the application, issuance, or execution
of the special use permit.
(d) APPLICABILITY.—This section shall apply to any special use
permit application submitted after the date of enactment of this
Act.
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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—UNITED STATES AFRICAN-AMERICAN
BURIAL GROUNDS PRESERVATION PROGRAM
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‘‘Sec.
‘‘308601.
‘‘308602.
‘‘308603.
‘‘308604.
‘‘308605.
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54 USC
prec. 308601.
Definitions.
United States African-American Burial Grounds Preservation Program.
Authority to make grants.
Cooperative agreements and memoranda of understanding.
Private property protection.
‘‘§ 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).
54 USC 308601.
‘‘§ 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.
54 USC 308602.
‘‘§ 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;
54 USC 308603.
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136 STAT. 5614
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(2) the preservation and restoration of African-American
burial grounds;
‘‘(3) the interpretation of African-American burial grounds;
and
‘‘(4) related research and documentation for historic African-American burial grounds.
‘‘(b) FUNDING.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to the Secretary to carry out this section $3,000,000 for each
of fiscal years 2023 through 2027.
‘‘(2) AVAILABILITY.—Any amounts made available for a
fiscal year under paragraph (1) that are not used during that
fiscal year shall be available for use under this section during
any subsequent fiscal year.
Time period.
54 USC 308604.
‘‘§ 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.
54 USC 308605.
‘‘§ 308605. Private property protection
‘‘Nothing in this chapter—
‘‘(1) authorizes the Secretary to require or affect the
management or use of private property without the written
consent of the owner of the private property;
‘‘(2) prohibits the Secretary from providing land management guidance or requirements relating to private property
as a condition of a grant provided to the owner of the private
property under this chapter; or
‘‘(3) shall be construed as creating any new regulatory
burden on any Federal, State, Tribal, or private entity.’’.
(b) CLERICAL AMENDMENT.—The table of chapters for title 54,
United States Code, is amended by inserting after the item relating
to chapter 3085 the following:
54 USC
prec. 100101.
‘‘3086.
54 USC note
prec. 308101.
SEC. 644. NORMAN Y. MINETA JAPANESE AMERICAN CONFINEMENT
EDUCATION GRANTS.
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120 Stat. 3288.
120 Stat. 3289.
Definition.
VerDate Sep 11 2014
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United States African-American Burial Grounds Preservation Program ..........................................................................................................
308601’’.
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Public Law 109–441 (120 Stat. 3289) is amended—
(1) in section 2, by adding at the end the following:
‘‘(4) JAPANESE AMERICAN CONFINEMENT EDUCATION
GRANTS.—The term ‘Japanese American Confinement Education Grants’ means competitive grants, awarded through the
Japanese American Confinement Sites Program, for Japanese
American organizations to educate individuals, including
through the use of digital resources, in the United States on
the historical importance of Japanese American confinement
during World War II, so that present and future generations
may learn from Japanese American confinement and the
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136 STAT. 5615
commitment of the United States to equal justice under the
law.
‘‘(5) JAPANESE AMERICAN ORGANIZATION.—The term ‘Japanese American organization’ means a private nonprofit
organization within the United States established to promote
the understanding and appreciation of the ethnic and cultural
diversity of the United States by illustrating the Japanese
American experience throughout the history of the United
States.’’; and
(2) in section 4—
(A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘There
are authorized’’;
(B) by striking ‘‘$38,000 ,000’’ and inserting
‘‘$80,000,000’’; and
(C) by adding at the end the following:
‘‘(b) JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS.—
‘‘(1) IN GENERAL.—Of the amounts made available under
this section, not more than $10,000,000 shall be awarded as
Japanese American Confinement Education Grants to Japanese
American organizations. Such competitive grants shall be in
an amount not less than $750,000 and the Secretary shall
give priority consideration to Japanese American organizations
with fewer than 100 employees.
‘‘(2) MATCHING REQUIREMENT.—
‘‘(A) FIFTY PERCENT.—Except as provided in subparagraph (B), for funds awarded under this subsection, the
Secretary shall require a 50 percent match with non-Federal assets from non-Federal sources, which may include
cash or durable goods and materials fairly valued, as determined by the Secretary.
‘‘(B) WAIVER.—The Secretary may waive all or part
of the matching requirement under subparagraph (A), if
the Secretary determines that—
‘‘(i) no reasonable means are available through
which an applicant can meet the matching requirement; and
‘‘(ii) the probable benefit of the project funded outweighs the public interest in the matching requirement.’’.
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SEC. 645. JAPANESE AMERICAN WORLD WAR II HISTORY NETWORK.
(a) ESTABLISHMENT.—The Secretary shall establish, within the
National Park Service, a program to be known as the ‘‘Japanese
American World War II History Network’’ (referred to in this section
as the ‘‘Network’’).
(b) DUTIES OF SECRETARY.—In carrying out the Network, the
Secretary shall—
(1) review studies and reports to complement and not duplicate studies of Japanese American World War II history and
Japanese American experiences during World War II, including
studies related to relocation centers and confinement sites,
that are underway or completed;
(2) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information relating to Japanese American World War
II history and Japanese American experiences during the war,
including relocation centers and confinement sites;
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Definition.
120 Stat. 3290.
Determination.
54 USC note
prec. 308101.
PUBL328
136 STAT. 5616
Determination.
PUBLIC LAW 117–328—DEC. 29, 2022
(3) enter into appropriate cooperative agreements and
memoranda of understanding to provide technical assistance
under subsection (d); and
(4)(A) create and adopt an official, uniform symbol or device
for the Network; and
(B) issue regulations for the use of the symbol or device
adopted under subparagraph (A).
(c) ELEMENTS.—The Network shall encompass the following
elements:
(1) All units and programs of the National Park Service
that are determined by the Secretary to relate to Japanese
American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites.
(2) With the consent of the property owner, other Federal,
State, local, Tribal, and privately owned properties that—
(A) relate to Japanese American World War II history
and Japanese experiences during the war, including relocation centers and confinement sites;
(B) have a verifiable connection to Japanese American
World War II history and Japanese experiences during
the war, including relocation and confinement sites; and
(C) are included in, or determined by the Secretary
to be eligible for inclusion in, the National Register of
Historic Places.
(3) Other governmental and nongovernmental facilities and
programs of an educational, research, or interpretive nature
that are directly related to Japanese American World War
II history and the experiences of Japanese Americans during
the war, including relocation centers and confinement sites.
(d) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING.—To achieve the purposes of this section and to ensure
effective coordination of the Federal and non-Federal elements of
the Network described in subsection (c) with units of the National
Park System and programs of the National Park Service, including
the Japanese American Confinement Sites Program, the Secretary
may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of
other Federal agencies, States, units of local government, Indian
Tribes, regional governmental bodies, and private entities.
(e) SUNSET.—The authority of the Secretary under this section
shall expire 7 years after the date of enactment of this Act.
SEC. 646. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL
PARK FOUNDATION.
Section 101122(a) of title 54, United States Code, is amended—
(1) by striking ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’;
and
(2) by striking ‘‘2023’’ and inserting ‘‘2030’’.
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TITLE VII—COMMEMORATIVE WORKS
AND NATIONAL MEMORIALS
Ohio.
54 USC 320301
note.
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SEC. 701. DESIGNATION OF THE KOL ISRAEL FOUNDATION HOLOCAUST
MEMORIAL AS A NATIONAL MEMORIAL.
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(a) CONGRESSIONAL RECOGNITION.—Congress—
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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.
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SEC. 702. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK
TO COMMEMORATE THE COMMITMENT AND SERVICE REPRESENTED BY WOMEN WHO WORKED ON THE HOME
FRONT DURING WORLD WAR II.
District of
Columbia.
40 USC 8903
note.
(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
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136 STAT. 5618
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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SEC. 703. EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF
NATIONAL LIBERTY MEMORIAL COMMEMORATIVE WORK.
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Applicability.
Notwithstanding section 8903(e) of title 40, United States Code,
the authority provided by section 2860 of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public Law
112–239; 126 Stat. 2164; 40 U.S.C. 8903 note) shall continue to
apply through September 30, 2027.
District of
Columbia.
40 USC 8903
note.
SEC. 704. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK
TO COMMEMORATE THE HEROIC DEEDS AND SACRIFICES
OF SERVICE ANIMALS AND HANDLERS OF SERVICE ANIMALS IN THE UNITED STATE.
National Service
Animals
Monument
Corporation.
(a) IN GENERAL.—The National Service Animals Monument
Corporation (referred to in this section as the ‘‘Corporation’’) may
establish a commemorative work on Federal land in the District
of Columbia and its environs to commemorate the heroic deeds
and sacrifices of service animals and handlers of service animals
in the United States.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE
WORKS.—The establishment of the commemorative work under this
section shall be in accordance with chapter 89 of title 40, United
States Code (commonly known as the ‘‘Commemorative Works Act’’).
(c) PROHIBITION ON THE USE OF FEDERAL FUNDS.—
(1) IN GENERAL.—Federal funds may not be used to pay
any expense of the establishment of the commemorative work
under this section.
(2) RESPONSIBILITY OF THE NATIONAL SERVICE ANIMALS
MONUMENT CORPORATION.—The Corporation shall be solely
responsible for the acceptance of contributions for, and payment
of the expenses of, the establishment of the commemorative
work under this section.
(d) DEPOSIT OF EXCESS FUNDS.—
(1) IN GENERAL.—If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required
by section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Corporation shall transmit the
amount of the balance to the Secretary for deposit in the
account provided for in section 8906(b)(3) of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on expiration of the
authority for the commemorative work under section 8903(e)
of title 40, United States Code, there remains a balance of
funds received for the establishment of the commemorative
work under this section, the Corporation shall transmit the
amount of the balance to a separate account with the National
Park Foundation for memorials, to be available to the Secretary
or the Administrator of General Services, as appropriate, in
accordance with the process provided in paragraph (4) of section
8906(b) of that title for accounts established under paragraph
(2) or (3) of that section.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5619
SEC. 705. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK
TO HONOR JEAN MONNET.
(a) IN GENERAL.—The Embassy of France in Washington, DC
(referred to in this section as the ‘‘Embassy’’), may establish a
commemorative work on Federal land in the District of Columbia
and its environs to honor the extraordinary contributions of Jean
Monnet with respect to—
(1) restoring peace between European nations; and
(2) establishing the European Union.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE
WORKS.—The establishment of the commemorative work under this
section shall be in accordance with chapter 89 of title 40, United
States Code (commonly known as the ‘‘Commemorative Works Act’’).
(c) PROHIBITION ON THE USE OF FEDERAL FUNDS.—
(1) IN GENERAL.—Federal funds may not be used to pay
any expense of the establishment of the commemorative work
under this section.
(2) RESPONSIBILITY OF THE EMBASSY OF FRANCE IN WASHINGTON, DC.—The Embassy shall be solely responsible for the
acceptance of contributions for, and payment of the expenses
of, the establishment of the commemorative work under this
section.
(d) DEPOSIT OF EXCESS FUNDS.—
(1) IN GENERAL.—If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required
by section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Embassy shall transmit the
amount of the balance to the Secretary for deposit in the
account provided for in section 8906(b)(3) of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on expiration of the
authority for the commemorative work under section 8903(e)
of title 40, United States Code, there remains a balance of
funds received for the establishment of the commemorative
work, the Embassy shall transmit the amount of the balance
to a separate account with the National Park Foundation for
memorials, to be available to the Secretary or the Administrator
of General Services, as appropriate, in accordance with the
process provided in paragraph (4) of section 8906(b) of that
title for accounts established under paragraph (2) or (3) of
that section.
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SEC. 706. DESIGNATION OF EL PASO COMMUNITY HEALING GARDEN
NATIONAL MEMORIAL.
(a) DESIGNATION.—The Healing Garden located at 6900 Delta
Drive, El Paso, Texas, is designated as the ‘‘El Paso Community
Healing Garden National Memorial’’.
(b) EFFECT OF DESIGNATION.—The national memorial designated by this section is not a unit of the National Park System
and the designation of the El Paso Community Healing Garden
National Memorial shall not require or authorize Federal funds
to be expended for any purpose related to that national memorial.
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District of
Columbia.
France.
40 USC 8903
note.
Texas.
54 USC 320301
note.
PUBL328
136 STAT. 5620
District of
Columbia.
40 USC 8903
note.
Georgetown
African American
Historic
Landmark
Project and Tour.
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District of
Columbia.
40 USC 8903
note.
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 707. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK
TO COMMEMORATE THE ENSLAVED INDIVIDUALS WHO
ENDURED THE MIDDLE PASSAGE.
(a) IN GENERAL.—The Georgetown African American Historic
Landmark Project and Tour may establish a commemorative work
on Federal land in the District of Columbia and its environs to
commemorate the enslaved individuals, the identities of whom may
be known or unknown, who endured the Middle Passage.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE
WORKS.—The establishment of the commemorative work under this
section shall be in accordance with chapter 89 of title 40, United
States Code (commonly known as the ‘‘Commemorative Works Act’’).
(c) PROHIBITION ON THE USE OF FEDERAL FUNDS.—
(1) IN GENERAL.—Federal funds may not be used to pay
any expense of the establishment of the commemorative work
under this section.
(2) RESPONSIBILITY OF THE GEORGETOWN AFRICAN AMERICAN
HISTORIC LANDMARK PROJECT AND TOUR.—The Georgetown African American Historic Landmark Project and Tour shall be
solely responsible for the acceptance of contributions for, and
payment of the expenses of, the establishment of the commemorative work under this section.
(d) DEPOSIT OF EXCESS FUNDS.—
(1) IN GENERAL.—If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required
by section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Georgetown African American
Historic Landmark Project and Tour shall transmit the amount
of the balance to the Secretary for deposit in the account
provided for section 8906(b)(3) of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on expiration of the
authority for the commemorative work under section 8903(e)
of title 40, United States Code, there remains a balance of
funds received for the establishment of the commemorative
work, the Georgetown African American Historic Landmark
Project and Tour shall transmit the amount of the balance
to a separate account with the National Park Foundation for
memorials, to be available to the Secretary or the Administrator
of General Services, as appropriate, in accordance with the
process provided in paragraph (4) of section 8906(b) of that
title for accounts established under paragraph (2) or (3) of
that section.
SEC. 708. APPROVAL OF LOCATION OF COMMEMORATIVE WORK TO
HONOR JOURNALISTS WHO SACRIFICED THEIR LIVES IN
SERVICE TO A FREE PRESS.
The location of a commemorative work to commemorate the
commitment of the United States to a free press by honoring
journalists who sacrificed their lives in service to that cause within
Area I, as depicted on the map entitled ‘‘Commemorative Areas
Washington, DC and Environs’’, numbered 869/86501 B, and dated
June 24, 2003, is approved.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5621
SEC. 709. AUTHORIZATION OF THOMAS PAINE COMMEMORATIVE
WORK.
(a) IN GENERAL.—The Thomas Paine Memorial Association may
establish a commemorative work on Federal land in the District
of Columbia and its environs to honor the United States patriot,
Thomas Paine.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE
WORKS.—The establishment of the commemorative work under this
section shall be in accordance with chapter 89 of title 40, United
States Code (commonly known as the ‘‘Commemorative Works Act’’).
(c) PROHIBITION ON THE USE OF FEDERAL FUNDS.—Federal
funds may not be used to pay any expense of the establishment
of the commemorative work under this section.
(d) DEPOSIT OF EXCESS FUNDS.—
(1) IN GENERAL.—If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required
by section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Thomas Paine Memorial Association shall transmit the amount of the balance to the Secretary
for deposit in the account provided for in section 8906(b)(3)
of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on expiration of the
authority for the commemorative work under section 8903(e)
of title 40, United States Code, there remains a balance of
funds received for the establishment of the commemorative
work, the Thomas Paine Memorial Association shall transmit
the amount of the balance to a separate account with the
National Park Foundation for memorials, to be available to
the Secretary or the Administrator of General Services, as
appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established
under paragraphs (2) and (3) of that section.
District of
Columbia.
40 USC 8903
note.
Thomas Paine
Memorial
Association.
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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.
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136 STAT. 5622
PUBLIC LAW 117–328—DEC. 29, 2022
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).’’.
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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,
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PUBLIC LAW 117–328—DEC. 29, 2022
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. COYA KNUTSON POST OFFICE.
Minnesota.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 202 2nd Avenue in Oklee, Minnesota, shall be
known and designated as the ‘‘Coya Knutson Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Coya Knutson Post Office’’.
SEC. 102. ROBERT SMALLS POST OFFICE.
South Carolina.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 11 Robert Smalls Parkway Suite C in Beaufort,
South Carolina, shall be known and designated as the ‘‘Robert
Smalls Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Robert Smalls Post Office’’.
SEC. 103. ROBERT J. DOLE MEMORIAL POST OFFICE BUILDING.
Kansas.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 135 West Wisconsin Street in Russell, Kansas,
shall be known and designated as the ‘‘Robert J. Dole Memorial
Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Robert J. Dole Memorial Post Office Building’’.
SEC. 104. CHARLES E. FRASER POST OFFICE BUILDING.
South Carolina.
(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’’.
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SEC. 105. HARRIET TUBMAN POST OFFICE BUILDING.
South Carolina.
(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
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referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Harriet Tubman Post Office Building’’.
Illinois.
SEC. 106. CORPORAL BENJAMIN DESILETS POST OFFICE.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 114 North Magnolia Street in Elmwood, Illinois,
shall be known and designated as the ‘‘Corporal Benjamin Desilets
Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Corporal Benjamin Desilets Post Office’’.
Illinois.
SEC. 107. SGT. JEREMY C. SHERMAN POST OFFICE BUILDING.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 101 West Walnut Street in Watseka, Illinois,
shall be known and designated as the ‘‘Sgt. Jeremy C. Sherman
Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Sgt. Jeremy C. Sherman Post Office Building’’.
Oklahoma.
SEC. 108. SERGEANT BRET D. ISENHOWER MEMORIAL POST OFFICE
BUILDING.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 120 East Oak Avenue in Seminole, Oklahoma,
shall be known and designated as the ‘‘Sergeant Bret D. Isenhower
Memorial Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Sergeant Bret D. Isenhower Memorial Post Office Building’’.
California.
SEC. 109. COTTLE CENTANNI POST OFFICE BUILDING.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 4770 Eureka Avenue in Yorba Linda, California,
shall be known and designated as the ‘‘Cottle Centanni Post Office
Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Cottle Centanni Post Office Building’’.
Wisconsin.
SEC. 110. CAPTAIN ROBERT C. HARMON AND PRIVATE JOHN R.
PEIRSON POST OFFICE BUILDING.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 430 South Knowles Avenue in New Richmond,
Wisconsin, shall be known and designated as the ‘‘Captain Robert
C. Harmon and Private John R. Peirson Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Captain Robert C. Harmon and Private John R. Peirson
Post Office Building’’.
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Wisconsin.
SEC. 111. CORPORAL MITCHELL RED CLOUD, JR. POST OFFICE.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 619 Hewett Street in Neillsville, Wisconsin, shall
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be known and designated as the ‘‘Corporal Mitchell Red Cloud,
Jr. Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Corporal Mitchell Red Cloud, Jr. Post Office’’.
SEC. 112. CORPORAL JOSEPH RODNEY CHAPMAN POST OFFICE.
Pennsylvania.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 415 High Street in Freeport, Pennsylvania, shall
be known and designated as the ‘‘Corporal Joseph Rodney Chapman
Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Corporal Joseph Rodney Chapman Post Office’’.
SEC. 113. HAROLD BILLOW POST OFFICE BUILDING.
Pennsylvania.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 1 East Main Street in Mount Joy, Pennsylvania,
shall be known and designated as the ‘‘Harold Billow Post Office
Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Harold Billow Post Office Building’’.
SEC. 114. ROMUALD ‘‘BUD’’ BRZEZINSKI POST OFFICE.
Wisconsin.
(a) DESIGNATION.—The facility of the United States Postal
Service located at N4805 State Highway 32 in Krakow, Wisconsin,
shall be known and designated as the ‘‘Romuald ‘Bud’ Brzezinski
Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Romuald ‘Bud’ Brzezinski Post Office’’.
SEC. 115. MITCHELL F. LUNDGAARD POST OFFICE BUILDING.
Wisconsin.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 410 Franklin Street in Appleton, Wisconsin,
shall be known and designated as the ‘‘Mitchell F. Lundgaard
Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Mitchell F. Lundgaard Post Office Building’’.
SEC. 116. JUDGE JAMES PEREZ POST OFFICE.
California.
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(a) DESIGNATION.—The facility of the United States Postal
Service located at 615 North Bush Street in Santa Ana, California,
shall be known and designated as the ‘‘Judge James Perez Post
Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Judge James Perez Post Office’’.
SEC. 117. CHANGE OF ADDRESS FOR MARILYN MONROE POST OFFICE.
Section 1 of Public Law 116–80 is amended to read as follows:
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California.
133 Stat. 1178.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘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’.’’.
Virginia.
SEC. 118. JESUS ANTONIO COLLAZOS POST OFFICE BUILDING.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 2200 North George Mason Drive in Arlington,
Virginia, shall be known and designated as the ‘‘Jesus Antonio
Collazos Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Jesus Antonio Collazos Post Office Building’’.
California.
SEC. 119. ESTEBAN E. TORRES POST OFFICE BUILDING.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 396 South California Avenue in West Covina,
California, shall be known and designated as the ‘‘Esteban E. Torres
Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Esteban E. Torres Post Office Building’’.
SEC. 120. DISTRICT OF COLUMBIA SERVICEMEMBERS AND VETERANS
POST OFFICE.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 400 Southern Avenue Southeast in Washington,
District of Columbia, shall be known and designated as the ‘‘District
of Columbia Servicemembers and Veterans Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘District of Columbia Servicemembers and Veterans Post
Office’’.
Illinois.
SEC. 121. ARMY SPECIALIST JOSEPH ‘‘JOEY’’ W. DIMOCK II POST OFFICE
BUILDING.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 75 Commerce Drive in Grayslake, Illinois, shall
be known and designated as the ‘‘Army Specialist Joseph ‘Joey’
W. Dimock II Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Army Specialist Joseph ‘Joey’ W. Dimock II Post Office
Building’’.
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California.
SEC. 122. CORPORAL HUNTER LOPEZ MEMORIAL POST OFFICE
BUILDING.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 79125 Corporate Centre Drive in La Quinta,
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California, shall be known and designated as the ‘‘Corporal Hunter
Lopez Memorial Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Corporal Hunter Lopez Memorial Post Office Building’’.
SEC. 123. CHIEF RUDY BANUELOS POST OFFICE.
California.
(a) DESIGNATION.—The facility of the United States Postal
Service located at 123 South 3rd Street in King City, California,
shall be known and designated as the ‘‘Chief Rudy Banuelos Post
Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Chief Rudy Banuelos Post Office’’.
SEC. 124. CHAIRMAN RICHARD MILANOVICH POST OFFICE.
California.
(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’’.
´ VEZ POST OFFICE.
SEC. 125. U.S. SENATOR DENNIS CHA
New Mexico.
(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 Cha´vez
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 Cha´vez Post Office’’.
DIVISION FF—HEALTH AND HUMAN
SERVICES
SEC. 1. SHORT TITLE.
This division may be cited as the ‘‘Health Extenders, Improving
Access to Medicare, Medicaid, and CHIP, and Strengthening Public
Health Act of 2022’’.
Health
Extenders,
Improving Access
to Medicare,
Medicaid, and
CHIP, and
Strengthening
Public Health Act
of 2022.
42 USC 201 note.
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.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
Sec. 1102. Crisis response continuum of care.
Sec. 1103. Suicide Prevention Lifeline Improvement.
CHAPTER 2—INTO
Sec. 1111.
Sec. 1112.
Sec. 1113.
Sec. 1114.
MATERNAL MENTAL HEALTH AND SUBSTANCE USE
DISORDERS
Screening and treatment for maternal mental health and substance use
disorders.
Maternal mental health hotline.
Task force on maternal mental health.
Residential treatment program for pregnant and postpartum women
pilot program reauthorization.
THE
LIGHT
FOR
CHAPTER 3—REACHING IMPROVED MENTAL HEALTH OUTCOMES
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.
FOR
PATIENTS
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.
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CHAPTER 3—EXCELLENCE IN RECOVERY HOUSING
Sec. 1231. Clarifying the role of SAMHSA in promoting the availability of highquality 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.
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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
PATIENT ACCESS TO INTEGRATED CARE
SERVICES
Sec. 1301. Improving uptake and patient access to integrated care services.
AND
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
OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH
PLANS
Sec. 1321. Eliminating the opt-out for nonfederal governmental health plans.
THE
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
Sec.
Sec.
Sec.
Sec.
CHAPTER 1—SUPPORTING CHILDREN’S MENTAL HEALTH CARE ACCESS
1401. Technical assistance for school-based health centers.
1402. Infant and early childhood mental health promotion, intervention, and
treatment.
1403. Co-occurring chronic conditions and mental health in youth study.
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.
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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.
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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
2231. Centers for public health preparedness and response.
2232. Vaccine distribution plans.
2233. Coordination and collaboration regarding blood supply.
2234. Supporting laboratory capacity and international collaboration to address antimicrobial resistance.
Sec. 2235. One Health framework.
Sec. 2236. Supporting children during public health emergencies.
Sec.
Sec.
Sec.
Sec.
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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.
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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.
Sec.
Sec.
Sec.
Sec.
Sec.
2311.
2312.
2313.
2314.
2315.
CHAPTER 2—IMPROVING BIOSAFETY AND BIOSECURITY
Improving control and oversight of select biological agents and toxins.
Strategy for Federal high-containment laboratories.
National Science Advisory Board for Biosecurity.
Research to improve biosafety.
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
Sec.
Sec.
Sec.
Sec.
Sec.
2501.
2502.
2503.
2504.
2505.
CHAPTER 1—DEVELOPMENT AND REVIEW
Accelerating countermeasure development and review.
Third party test evaluation during emergencies.
Platform technologies.
Increasing EUA decision transparency.
Improving FDA guidance and communication.
Sec.
Sec.
Sec.
Sec.
Sec.
2511.
2512.
2513.
2514.
2515.
CHAPTER 2—MITIGATING SHORTAGES
Ensuring registration of foreign drug and device manufacturers.
Extending expiration dates for certain drugs.
Combating counterfeit devices.
Preventing medical device shortages.
Technical corrections.
TITLE III—FOOD AND DRUG ADMINISTRATION
Sec. 3001. Short title.
Sec. 3002. Definition.
Subtitle A—Reauthorizations
Reauthorization of the critical path public-private partnership.
Reauthorization of the best pharmaceuticals for children program.
Reauthorization of the humanitarian device exemption incentive.
Reauthorization of the pediatric device consortia program.
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.
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Sec.
Sec.
Sec.
Sec.
Sec.
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3102.
3103.
3104.
3105.
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PUBLIC LAW 117–328—DEC. 29, 2022
Sec. 3109. Reauthorization of third-party review program.
Subtitle B—Drugs and Biologics
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
CHAPTER 1—RESEARCH, DEVELOPMENT, AND COMPETITION IMPROVEMENTS
3201. Prompt reports of marketing status by holders of approved applications
for biological products.
3202. Improving the treatment of rare diseases and conditions.
3203. Emerging technology program.
3204. National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing.
3205. Public workshop on cell therapies.
3206. Clarifications to exclusivity provisions for first interchangeable biosimilar biological products.
3207. GAO report on nonprofit pharmaceutical organizations.
3208. Rare disease endpoint advancement pilot program.
3209. Animal testing alternatives.
3210. Modernizing accelerated approval.
3211. Antifungal research and development.
3212. Advancing qualified infectious disease product innovation.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
3301.
3302.
3303.
3304.
3305.
3306.
3307.
3308.
3309.
Subtitle C—Medical Devices
Dual submission for certain devices.
Medical Devices Advisory Committee meetings.
GAO report on third-party review.
Certificates to foreign governments.
Ensuring cybersecurity of medical devices.
Bans of devices for one or more intended uses.
Third party data transparency.
Predetermined change control plans for devices.
Small business fee waiver.
Subtitle D—Infant Formula
Sec. 3401. Protecting infants and improving formula supply.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
3501.
3502.
3503.
3504.
3505.
3506.
3507.
3508.
Subtitle E—Cosmetics
Short title.
Amendments to cosmetic requirements.
Enforcement and conforming amendments.
Records inspection.
Talc-containing cosmetics.
PFAS in cosmetics.
Sense of the Congress on animal testing.
Funding.
Subtitle F—Cross-Cutting Provisions
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CHAPTER 1—CLINICAL TRIAL DIVERSITY AND MODERNIZATION
Diversity action plans for clinical studies.
Guidance on diversity action plans for clinical studies.
Public workshops to enhance clinical study diversity.
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.
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Sec.
Sec.
Sec.
Sec.
3601.
3602.
3603.
3604.
Sec.
Sec.
Sec.
Sec.
3611.
3612.
3613.
3614.
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CHAPTER 2—INSPECTIONS
Device inspections.
Bioresearch monitoring inspections.
Improving Food and Drug Administration inspections.
GAO report on inspections of foreign establishments manufacturing
drugs.
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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.
Sec.
Sec.
Sec.
Sec.
3621.
3622.
3623.
3624.
Sec. 3625.
Sec. 3626.
Sec. 3627.
Sec. 3628.
Sec. 3629.
Sec. 3630.
Sec. 3631.
CHAPTER 3—MISCELLANEOUS
Regulation of certain products as drugs.
Women’s Health Research Roadmap.
Strategic workforce plan and report.
Enhancing Food and Drug Administration hiring authority for scientific,
technical, and professional personnel.
Facilities management.
User fee program transparency and accountability.
Improving information technology systems of the Food and Drug Administration.
Reporting on mailroom and Office of the Executive Secretariat of the
Food and Drug Administration.
Facilitating the use of real world evidence.
Facilitating exchange of product information prior to approval.
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.
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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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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Restoring Hope
for Mental
Health and
Well-Being Act
of 2022.
42 USC 201 note.
TITLE I—RESTORING HOPE FOR
MENTAL HEALTH AND WELL-BEING
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘Restoring Hope for Mental
Health and Well-Being Act of 2022’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
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. BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.
‘‘(a) IN GENERAL.—The Secretary shall establish, within the
Substance Abuse and Mental Health Services Administration, an
office to coordinate work relating to behavioral health crisis care
across the operating divisions and agencies of the Department of
Health and Human Services, including the Substance Abuse and
Mental Health Services Administration, the Centers for Medicare
& Medicaid Services, and the Health Resources and Services
Administration, and external stakeholders.
‘‘(b) DUTY.—The office established under subsection (a) shall—
‘‘(1) convene Federal, State, Tribal, local, and private partners;
‘‘(2) launch and manage Federal workgroups charged with
making recommendations regarding issues related to mental
health and substance use disorder crises, including with respect
to health care best practices, workforce development, health
disparities, data collection, technology, program oversight,
public awareness, and engagement; and
‘‘(3) support technical assistance, data analysis, and evaluation functions in order to assist States, localities, Territories,
Indian Tribes, and Tribal organizations in developing crisis
care systems and identifying best practices with the objective
of expanding the capacity of, and access to, local crisis call
centers, mobile crisis care, crisis stabilization, psychiatric emergency services, and rapid post-crisis follow-up care provided
by—
‘‘(A) the National Suicide Prevention and Mental
Health Crisis Hotline and Response System;
‘‘(B) the Veterans Crisis Line;
‘‘(C) community mental health centers (as defined in
section 1861(ff)(3)(B) of the Social Security Act);
‘‘(D) certified community behavioral health clinics, as
described in section 223 of the Protecting Access to Medicare Act of 2014; and
‘‘(E) other community mental health and substance
use disorder providers.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2023 through 2027.’’.
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SEC. 1102. CRISIS RESPONSE CONTINUUM OF CARE.
(a) IN GENERAL.—The Secretary, acting through the Assistant
Secretary for Mental Health and Substance Use, shall facilitate
the identification and publication of best practices for a crisis
response continuum of care related to mental health and substance
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42 USC
290aa–0a.
Establishment.
Time period.
42 USC
290aa–0a note.
PUBL328
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136 STAT. 5636
PUBLIC LAW 117–328—DEC. 29, 2022
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
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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) not later than 1 year after the date of enactment
of this section, publish and maintain the best practices
required by subsection (a); and
(B) after 3 years, facilitate the identification of any
updates to such best practices, as appropriate.
(5) EVALUATIONS.—Not later than 3 years after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives, an
assessment of relevant programs related to mental health and
substance use disorder crises authorized under title V of the
Public Health Service Act (42 U.S.C. 290aa et seq.) in order
to assess the extent to which such programs meet objectives
and performance metrics, as determined by the Secretary. Such
evaluation may, as appropriate, include data on—
(A) the type and variety of services provided when
responding to mental health and substance use-related
crises;
(B) the impact on emergency department facility use
and length of stay, including for patients who require further psychiatric care;
(C) the impact on access to crisis care centers and
crisis bed services;
(D) the impact on linkage to appropriate post-crisis
care; and
(E) the use of best practices and recommendations
identified under this section.
Deadline.
Publication.
Deadline.
Assessment.
Determination.
Data.
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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
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136 STAT. 5638
Evaluation.
Requirements.
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Public
information.
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PUBLIC LAW 117–328—DEC. 29, 2022
(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 highquality services.
‘‘(2) CONTENTS.—The plan required by paragraph (1) shall
include the following:
‘‘(A) Program evaluation, including performance measures to assess progress toward the goals and objectives
of the program and to improve the responsiveness and
performance of the hotline, including at all backup call
centers.
‘‘(B) Requirements that crisis centers and backup centers must meet—
‘‘(i) to participate in the network under subsection
(b)(1); and
‘‘(ii) to ensure that each telephone call and
applicable other communication received by the hotline,
including at backup call centers, is answered in a
timely manner, consistent with evidence-based guidance or other guidance or best practices, as appropriate.
‘‘(C) Specific recommendations and strategies for implementing evidence-based practices, including with respect
to followup and communicating the availability of resources
in the community for individuals in need.
‘‘(D) Criteria for carrying out periodic testing of the
hotline during each fiscal year, including at crisis centers
and backup centers, to identify and address any problems
in a timely manner.
‘‘(3) CONSULTATION.—In developing requirements under
paragraph (2)(B), the Secretary shall consult with State departments of health, local governments, Indian Tribes, and Tribal
organizations.
‘‘(4) INITIAL PLAN; UPDATES.—The Secretary shall—
‘‘(A) not later than 1 year after the date of enactment
of the Restoring Hope for Mental Health and Well-Being
Act of 2022, complete development of the initial plan under
paragraph (1) and make such plan publicly available; and
‘‘(B) periodically thereafter, update such plan and make
the updated plan publicly available.’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5639
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(3) TRANSMISSION OF DATA TO CDC AND TO ASSIST STATE
AND LOCAL AGENCIES.—Section 520E–3 of the Public Health
Service Act (42 U.S.C. 290bb–36c) is amended by inserting
after subsection (c), as added by paragraph (2), the following:
‘‘(d) IMPROVING EPIDEMIOLOGICAL DATA.—The Secretary shall,
as appropriate, formalize and strengthen agreements between the
Suicide Prevention Lifeline program and the Centers for Disease
Control and Prevention with respect to the secure sharing of deidentified epidemiological data. Such agreements shall include
appropriate privacy and security protections that meet the requirements of applicable Federal law, at a minimum.
‘‘(e) DATA TO ASSIST STATE AND LOCAL SUICIDE PREVENTION
ACTIVITIES.—The Secretary shall ensure that the aggregated
information collected and any applicable analyses conducted under
subsection (b)(5), including from local call centers, as applicable,
are made available in a usable format to State and local agencies
in order to inform suicide prevention activities.’’.
(4) AUTHORIZATION OF APPROPRIATIONS.—Subsection (f) of
section 520E–3 of the Public Health Service Act (42 U.S.C.
290bb–36c), as redesignated by paragraph (2), is amended to
read as follows:
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated $101,621,000 for each
of fiscal years 2023 through 2027.’’.
(b) PILOT PROGRAM ON INNOVATIVE TECHNOLOGIES.—
(1) IN GENERAL.—The Secretary of Health and Human
Services, acting through the Assistant Secretary for Mental
Health and Substance Use, shall, as appropriate, carry out
a pilot program to research, analyze, and employ various technologies and platforms of communication (including social
media platforms, texting platforms, and email platforms) for
suicide prevention in addition to the telephone and online chat
service provided by the Suicide Prevention Lifeline.
(2) REPORT.—Not later than 24 months after the date on
which the pilot program under paragraph (1) commences, the
Secretary of Health and Human Services, acting through the
Assistant Secretary for Mental Health and Substance Use, shall
submit to the Congress a report on the pilot program. With
respect to each platform of communication employed pursuant
to the pilot program, the report shall include—
(A) a full description of the program;
(B) the number of individuals served by the program;
(C) the average wait time for each individual to receive
a response;
(D) the cost of the program, including the cost per
individual served; and
(E) any other information the Secretary determines
appropriate.
(c) HHS STUDY AND REPORT.—Not later than 2 years after
the Secretary of Health and Human Services completes development
of the plan under section 520E–3(c) of the Public Health Service
Act, as added by subsection (a)(2)(B), the Secretary shall—
(1) complete a study on—
(A) the implementation of such plan, including the
progress towards meeting the goals and objectives identified pursuant to paragraph (2)(A) of such section 520E–
3(c); and
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Contracts.
Privacy.
Time period.
42 USC
290bb–36c note.
Costs.
PUBL328
136 STAT. 5640
Recommendations.
42 USC
290bb–36c note.
PUBLIC LAW 117–328—DEC. 29, 2022
(B) in consultation with the Director of the Centers
for Disease Control and Prevention, options to improve
data regarding usage of the Suicide Prevention Lifeline,
such as repeat calls, consistent with applicable Federal
and State privacy laws; and
(2) submit a report to Congress on the progress made
on meeting the goals and objectives identified pursuant to
paragraph (2)(A) of such section 520E–3(c) and recommendations on improving the program, including improvements to
enhance data collection and usage.
(d) GAO STUDY AND REPORT.—
(1) IN GENERAL.—Not later than 2 years after the Secretary
of Health and Human Services begins implementation of the
plan required by section 520E–3(c) of the Public Health Service
Act, as added by subsection (a)(2)(B), the Comptroller General
of the United States shall—
(A) complete a study on the Suicide Prevention Lifeline;
and
(B) submit a report to the Congress on the results
of such study.
(2) CONTENT.—The study required by paragraph (1) shall
include what is known about—
(A) the feasibility of routing calls to the Suicide Prevention Lifeline to the nearest crisis center based on the physical location of the contact;
(B) capacity of the Suicide Prevention Lifeline;
(C) State and regional variation with respect to access
to crisis centers described in section 520E–3(b)(1) of the
Public Health Service Act (42 U.S.C. 290bb–36c(b)(1)),
including wait times, answer times, hours of operation,
and funding sources;
(D) the implementation of the plan under section 520E–
3(c) of the Public Health Service Act, as added by subsection
(a)(2)(B), including the progress toward meeting the goals
and objectives in such plan; and
(E) the capacity of the Suicide Prevention Lifeline to
handle calls from individuals with limited English proficiency.
(3) RECOMMENDATIONS.—The report required by paragraph
(1) shall include recommendations for improving the Suicide
Prevention Lifeline, including recommendations for administrative actions.
(e) DEFINITION.—In this section, the term ‘‘Suicide Prevention
Lifeline’’ means the suicide prevention hotline maintained pursuant
to section 520E–3 of the Public Health Service Act (42 U.S.C.
290bb–36c).
CHAPTER 2—INTO THE LIGHT FOR MATERNAL MENTAL
HEALTH AND SUBSTANCE USE DISORDERS
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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
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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) 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
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PUBLIC LAW 117–328—DEC. 29, 2022
health care providers) and referrals for treatment, followup 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 traumainformed care, culturally and linguistically appropriate
services, and best practices related to training to improve
the provision of maternal mental health and substance
use disorder care for racial and ethnic minority populations
and reduce related disparities in the delivery of such care.’’.
(e) ADDITIONAL PROVISIONS.—Section 317L–1 of the Public
Health Service Act (42 U.S.C. 247b–13a) is amended—
(1) by redesignating subsection (e) as subsection (h); and
(2) by inserting after subsection (d) the following:
‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to grantees and entities listed in subsection (a)
for carrying out activities pursuant to this section.
‘‘(f) DISSEMINATION OF BEST PRACTICES.—The Secretary, based
on evaluation of the activities funded pursuant to this section,
shall identify and disseminate evidence-based or evidence-informed
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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:
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‘‘SEC. 399V–7. MATERNAL MENTAL HEALTH HOTLINE.
‘‘(a) IN GENERAL.—The Secretary shall maintain, by grant or
contract, a national maternal mental health hotline to provide
emotional support, information, brief intervention, and mental
health and substance use disorder resources to pregnant and
postpartum women at risk of, or affected by, maternal mental
health and substance use disorders, and to their families or household members.
‘‘(b) REQUIREMENTS FOR HOTLINE.—The hotline under subsection (a) shall—
‘‘(1) be a 24/7 real-time hotline;
‘‘(2) provide voice and text support;
‘‘(3) be staffed by certified peer specialists, licensed health
care professionals, or licensed mental health professionals who
are trained on—
‘‘(A) maternal mental health and substance use disorder prevention, identification, and intervention; and
‘‘(B) providing culturally and linguistically appropriate
support; and
‘‘(4) provide maternal mental health and substance use
disorder assistance and referral services to meet the needs
of underserved populations, individuals with disabilities, and
family and household members of pregnant or postpartum
women at risk of experiencing maternal mental health and
substance use disorders.
‘‘(c) ADDITIONAL REQUIREMENTS.—In maintaining the hotline
under subsection (a), the Secretary shall—
‘‘(1) consult with the Domestic Violence Hotline, National
Suicide Prevention Lifeline, and Veterans Crisis Line to ensure
that pregnant and postpartum women are connected in realtime 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
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42 USC
280g–18.
Grants.
Contracts.
Consultations.
PUBL328
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) an evaluation of the effectiveness of activities conducted
or supported under subsection (a);
‘‘(2) a directory of entities or organizations to which staff
maintaining the hotline funded under this section may make
referrals; and
‘‘(3) such additional information as the Secretary determines appropriate.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated $10,000,000 for each
of fiscal years 2023 through 2027.’’.
Evaluation.
Time period.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 1113. TASK FORCE ON MATERNAL MENTAL HEALTH.
(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary of Health and Human
Services, for purposes of identifying, evaluating, and making recommendations to coordinate and improve Federal activities related
to addressing maternal mental health conditions, shall—
(1) establish a task force to be known as the Task Force
on Maternal Mental Health (in this section referred to as the
‘‘Task Force’’); or
(2) incorporate the duties, public meetings, and reports
specified in subsections (c) through (f) into existing relevant
Federal committees or working groups, such as the Maternal
Health Interagency Policy Committee and the Maternal Health
Working Group, as appropriate.
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Task Force shall be composed of—
(A) the Federal members under paragraph (2); and
(B) the non-Federal members under paragraph (3).
(2) FEDERAL MEMBERS.—The Federal members of the Task
Force shall consist of the following heads of Federal departments and agencies (or their designees):
(A) The Assistant Secretary for Health of the Department of Health and Human Services and the Assistant
Secretary for Mental Health and Substance Use, who shall
serve as co-chairs.
(B) The Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services.
(C) The Assistant Secretary of the Administration for
Children and Families.
(D) The Director of the Centers for Disease Control
and Prevention.
(E) The Administrator of the Centers for Medicare
& Medicaid Services.
(F) The Administrator of the Health Resources and
Services Administration.
(G) The Director of the Indian Health Service.
(H) Such other Federal departments and agencies as
the Secretary determines appropriate that serve individuals
with maternal mental health conditions.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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136 STAT. 5646
PUBLIC LAW 117–328—DEC. 29, 2022
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 peersupport 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).
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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
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SEC. 1121. INNOVATION FOR MENTAL HEALTH.
(a) NATIONAL MENTAL HEALTH AND SUBSTANCE USE POLICY
LABORATORY.—Section 501A of the Public Health Service Act (42
U.S.C. 290aa–0) is amended—
(1) in subsection (e)(1), by striking ‘‘Indian tribes or tribal
organizations’’ and inserting ‘‘Indian Tribes or Tribal organizations’’;
(2) by striking subsection (e)(3); and
(3) by adding at the end the following:
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there is authorized to be appropriated $10,000,000 for each
of fiscal years 2023 through 2027.’’.
(b) GAO STUDY.—Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the United
States shall prepare a report on the work of the National Mental
Health and Substance Use Policy Laboratory established under
section 501A of the Public Health Service Act (42 U.S.C. 290aa–
0), including—
(1) the extent to which such Laboratory is meeting its
responsibilities as set forth in such section 501A; and
(2) any recommendations for improvement, including
methods to expand the use of evidence-based practices across
programs, recommendations to improve program evaluations
for effectiveness, and dissemination of resources to stakeholders
and the public.
(c) INTERDEPARTMENTAL SERIOUS MENTAL ILLNESS COORDINATING COMMITTEE.—
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Reports.
Recommendations.
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PUBLIC LAW 117–328—DEC. 29, 2022
(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.
42 USC
290aa–0b.
Applicability.
Reports.
Summary.
Evaluation.
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501C. INTERDEPARTMENTAL SERIOUS
COORDINATING COMMITTEE.
MENTAL
ILLNESS
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary, or the designee of the
Secretary, shall establish a committee to be known as the
Interdepartmental Serious Mental Illness Coordinating Committee (in this section referred to as the ‘Committee’).
‘‘(2) FEDERAL ADVISORY COMMITTEE ACT.—Except as provided in this section, the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the Committee.
‘‘(b) MEETINGS.—The Committee shall meet not fewer than
2 times each year.
‘‘(c) RESPONSIBILITIES.—Not later than each of 1 year and 5
years after the date of enactment of this section, the Committee
shall submit to Congress and any other relevant Federal department
or agency a report including—
‘‘(1) a summary of advances in serious mental illness and
serious emotional disturbance research related to the prevention of, diagnosis of, intervention in, and treatment and
recovery of serious mental illnesses, serious emotional disturbances, and advances in access to services and support for adults
with a serious mental illness or children with a serious emotional disturbance;
‘‘(2) an evaluation of the effect Federal programs related
to serious mental illness have on public health, including outcomes such as—
‘‘(A) rates of suicide, suicide attempts, incidence and
prevalence of serious mental illnesses, serious emotional
disturbances, and substance use disorders, overdose, overdose deaths, emergency hospitalizations, emergency department boarding, preventable emergency department visits,
interaction with the criminal justice system, homelessness,
and unemployment;
‘‘(B) increased rates of employment and enrollment
in educational and vocational programs;
‘‘(C) quality of mental and substance use disorders
treatment services; or
‘‘(D) any other criteria as may be determined by the
Secretary; and
‘‘(3) specific recommendations for actions that agencies can
take to better coordinate the administration of mental health
services for adults with a serious mental illness or children
with a serious emotional disturbance.
‘‘(d) MEMBERSHIP.—
‘‘(1) FEDERAL MEMBERS.—The Committee shall be composed
of the following Federal representatives, or the designees of
such representatives—
‘‘(A) the Secretary of Health and Human Services, who
shall serve as the Chair of the Committee;
‘‘(B) the Assistant Secretary for Mental Health and
Substance Use;
‘‘(C) the Attorney General;
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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Grants.
State and local
governments.
Territories.
Native
Americans.
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‘‘(a) IN GENERAL.—The Secretary shall establish a pilot program
under which the Secretary will award competitive grants to States,
localities, territories, Indian Tribes, and Tribal organizations to
establish new, or enhance existing, mobile crisis response teams
that divert the response for mental health and substance use disorder crises from law enforcement to mobile crisis teams, as
described in subsection (b).
‘‘(b) MOBILE CRISIS TEAMS DESCRIBED.—A mobile crisis team,
for purposes of this section, is a team of individuals—
‘‘(1) that is available to respond to individuals in mental
health and substance use disorder crises and provide immediate
stabilization, referrals to community-based mental health and
substance use disorder services and supports, and triage to
a higher level of care if medically necessary;
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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) impact data on the teams and people served by
such programs, including demographic information of
individuals served, volume, and types of service utilization;
‘‘(B) outcomes of the number of linkages made to
community-based resources or short-term crisis receiving
and stabilization facilities, as applicable, and diversion
from law enforcement or hospital emergency department
settings;
‘‘(C) data consistent with the State block grant requirements for continuous evaluation and quality improvement,
and other relevant data as determined by the Secretary;
‘‘(D) identification and, where appropriate, recommendations of best practices from States and localities
providing mobile crisis response and stabilization services
for youth and adults; and
‘‘(E) identification of any opportunities for improvements to the program established under this section.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section, $10,000,000 for each
of fiscal years 2023 through 2027.’’.
(b) MENTAL HEALTH AWARENESS TRAINING GRANTS.—
(1) IN GENERAL.—Section 520J(b) of the Public Health
Service Act (42 U.S.C. 290bb–41(b)) is amended—
(A) in paragraph (1), by striking ‘‘Indian tribes, tribal
organizations’’ and inserting ‘‘Indian Tribes, Tribal
organizations’’;
(B) in paragraph (4), by striking ‘‘Indian tribe, tribal
organization’’ and inserting ‘‘Indian Tribe, Tribal organization’’;
(C) in paragraph (5)—
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Time period.
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136 STAT. 5652
PUBLIC LAW 117–328—DEC. 29, 2022
(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:
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‘‘(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’’.
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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’’.
OF
APPROPRIATIONS.—Section
(3)
AUTHORIZATION
520M(e)(1) of the Public Health Service Act (42 U.S.C. 290bb–
44(d)(1)) is amended by striking ‘‘$5,000,000 for the period
of fiscal years 2018 through 2022’’ and inserting ‘‘$9,000,000
for each of fiscal years 2023 through 2027’’.
(b) ASSISTED OUTPATIENT TREATMENT.—
(1) IN GENERAL.—Section 224 of the Protecting Access to
Medicare Act of 2014 (Public Law 113–93; 42 U.S.C. 290aa
note) is amended—
(A) in subsection (a), by striking ‘‘4-year pilot’’;
(B) in subsection (e), in the matter preceding paragraph
(1)—
(i) by striking ‘‘each of fiscal years 2016, 2017,
2018, 2019, 2020, 2021, and 2022’’ and inserting ‘‘fiscal
year 2023, and biennially thereafter’’; and
(ii) by striking ‘‘appropriate congressional committees’’ and inserting ‘‘Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives’’;
(C) in subsection (e), by inserting after paragraph (4)
the following:
‘‘(5) Demographic information regarding participation of
those served by the grant compared to demographic information
in the population of the grant recipient.’’; and
(D) in subsection (g)—
(i) in paragraph (1), by striking ‘‘2015 through
2022’’ and inserting ‘‘2023 through 2027’’; and
(ii) by amending paragraph (2) to read as follows:
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290aa–17.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $22,000,000
for each of fiscal years 2023 through 2027.’’.
(2) GAO REPORT.—Not later than 3 years after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
examining the efficacy of assisted outpatient treatment programs that received funding under section 224 of the Protecting
Access to Medicare Act of 2014 (Public Law 113– 93; 42 U.S.C.
290aa note) in improving health outcomes and treatment adherence, reducing rates of incarceration, and reducing rates of
homelessness. Such report shall include—
(A) a comparison of health outcomes, treatment compliance, program participant feedback, reduced rates of incarceration, and reduced rates of homelessness as compared
to other evidence- and community-based outpatient treatment programs and services, including information on
geographic differences in program efficacy, as applicable;
and
(B) identification of best practices used, as applicable,
in the implementation of assisted outpatient treatment programs to ensure program participants are receiving treatment in the least restrictive environment that is clinically
appropriate consistent with Federal and State law, as
applicable.
Time period.
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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.
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(3) The costs of structured residential facilities and other
supportive housing for residential and custodial care services.
(4) The costs of law enforcement encounters and encounters
with the criminal justice system, including with respect to—
(A) encounters that do and do not result in an arrest;
(B) criminal and judicial proceedings;
(C) services provided by law enforcement and judicial
staff (including public defenders, prosecutors, and private
attorneys); and
(D) incarceration.
(5) The costs of serious mental illness on employment.
(6) With respect to family members and caregivers, the
costs of caring for an individual with a serious mental illness.
(7) Any other relevant costs for programs and services
administered by the Federal Government or State, Tribal, or
local governments.
(c) DATA DISAGGREGATION.—In conducting the study under subsection (a), the Secretary of Health and Human Services shall
(to the extent feasible)—
(1) disaggregate data by—
(A) costs to nongovernmental entities, the Federal
Government, and State, local, and Tribal governments;
(B) types of serious mental illnesses and medical
chronic diseases common in patients with a serious mental
illness; and
(C) demographic characteristics, including race, ethnicity, sex, age (including pediatric subgroups), and other
characteristics determined by the Secretary; and
(2) include an estimate of—
(A) the total number of individuals with a serious
mental illness in the United States, including in traditional
and nontraditional housing; and
(B) the percentage of such individuals in—
(i) homeless shelters;
(ii) penal facilities, including Federal prisons, State
prisons, and county and municipal jails; and
(iii) nursing facilities.
(d) REPORT.—Not later than 2 years after the date of the
enactment of this Act, the Secretary of Health and Human Services
shall—
(1) submit to the Congress a report containing the results
of the study conducted under this section; and
(2) make such report publicly available.
Estimate.
Public
information.
CHAPTER 4—ANNA WESTIN LEGACY
SEC. 1131. MAINTAINING EDUCATION AND TRAINING ON EATING DISORDERS.
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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:
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‘‘SEC. 520N. CENTER OF EXCELLENCE FOR EATING DISORDERS FOR
EDUCATION AND TRAINING ON EATING DISORDERS.
42 USC
290bb–45.
‘‘(a) IN GENERAL.—The Secretary, acting through the Assistant
Secretary, shall maintain, by competitive grant or contract, a Center
of Excellence for Eating Disorders (referred to in this section as
Grants.
Contracts.
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Coordination.
Coordination.
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the ‘Center’) to improve the identification of, interventions for,
and treatment of eating disorders in a manner that is developmentally, culturally, and linguistically appropriate.
‘‘(b) SUBGRANTS AND SUBCONTRACTS.—The Center shall coordinate and implement the activities under subsection (c), in whole
or in part, which may include by awarding competitive subgrants
or subcontracts—
‘‘(1) across geographical regions; and
‘‘(2) in a manner that is not duplicative.
‘‘(c) ACTIVITIES.—The Center—
‘‘(1) shall—
‘‘(A) provide training and technical assistance,
including for—
‘‘(i) primary care and mental health providers to
carry out screening, brief intervention, and referral
to treatment for individuals experiencing, or at risk
for, eating disorders; and
‘‘(ii) other paraprofessionals and relevant individuals providing nonclinical community services to identify and support individuals with, or at disproportionate risk for, eating disorders;
‘‘(B) facilitate the development of, and provide training
materials to, health care providers (including primary care
and mental health professionals) regarding the effective
treatment and ongoing support of individuals with eating
disorders, including children and marginalized populations
at disproportionate risk for eating disorders;
‘‘(C) collaborate and coordinate, as appropriate, with
other centers of excellence, technical assistance centers,
and psychiatric consultation lines of the Substance Abuse
and Mental Health Services Administration and the Health
Resources and Services Administration regarding eating
disorders;
‘‘(D) coordinate with the Director of the Centers for
Disease Control and Prevention and the Administrator of
the Health Resources and Services Administration, and
other Federal agencies, as appropriate, to disseminate
training to primary care and mental health care providers;
and
‘‘(E) support other activities, as determined appropriate
by the Secretary; and
‘‘(2) may—
‘‘(A) support the integration of protocols pertaining to
screening, brief intervention, and referral to treatment for
individuals experiencing, or at risk for, eating disorders,
with health information technology systems;
‘‘(B) develop and provide training materials to health
care providers, including primary care and mental health
providers, to provide screening, brief intervention, and
referral to treatment for members of the military and veterans experiencing, or at risk for, eating disorders; and
‘‘(C) consult, as appropriate, with the Secretary of
Defense and the Secretary of Veterans Affairs on prevention, identification, intervention for, and treatment of
eating disorders.
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‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out this
section, there is authorized to be appropriated $1,000,000 for each
of fiscal years 2023 through 2027.’’.
Time period.
CHAPTER 5—COMMUNITY MENTAL HEALTH SERVICES
BLOCK GRANT REAUTHORIZATION
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SEC. 1141. REAUTHORIZATION OF BLOCK GRANTS FOR COMMUNITY
MENTAL HEALTH SERVICES.
(a) FUNDING.—Section 1920(a) of the Public Health Service
Act (42 U.S.C. 300x–9(a)) is amended by striking ‘‘$532,571,000
for each of fiscal years 2018 through 2022’’ and inserting
‘‘$857,571,000 for each of fiscal years 2023 through 2027’’.
(b) SET-ASIDE FOR EVIDENCE-BASED CRISIS CARE SERVICES.—
Section 1920 of the Public Health Service Act (42 U.S.C. 300x–
9) is amended by adding at the end the following:
‘‘(d) CRISIS CARE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (3),
a State shall expend at least 5 percent of the amount the
State receives pursuant to section 1911 for each fiscal year
to support evidenced-based programs that address the crisis
care needs of individuals with serious mental illnesses and
children with serious emotional disturbances, which may
include individuals (including children and adolescents) experiencing mental health crises demonstrating serious mental illness or serious emotional disturbance, as applicable.
‘‘(2) CORE ELEMENTS.—At the discretion of the single State
agency responsible for the administration of the program of
the State under a grant under section 1911, funds expended
pursuant to paragraph (1) may be used to fund some or all
of the core crisis care service components, as applicable and
appropriate, including the following:
‘‘(A) Crisis call centers.
‘‘(B) 24/7 mobile crisis services.
‘‘(C) Crisis stabilization programs offering acute care
or subacute care in a hospital or appropriately licensed
facility, as determined by such State, with referrals to
inpatient or outpatient care.
‘‘(3) STATE FLEXIBILITY.—In lieu of expending 5 percent
of the amount the State receives pursuant to section 1911
for a fiscal year to support evidence-based programs as required
by paragraph (1), a State may elect to expend not less than
10 percent of such amount to support such programs by the
end of two consecutive fiscal years.
‘‘(4) RULE OF CONSTRUCTION.—Section 1912(b)(1)(A)(vi)
shall not be construed as limiting the provision of crisis care
services pursuant to paragraph (1).’’.
(c) REPORT TO CONGRESS.—Not later than September 30, 2025,
and biennially thereafter, the Secretary shall provide a report to
the Congress on the crisis care strategies and programs pursued
by States pursuant to subsection (d) of section 1920 of the Public
Health Service Act (42 U.S.C. 300x–9), as added by subsection
(b). Such report shall include—
(1) a description of each State’s crisis care activities;
(2) the population served, including information on demographics, including age;
(3) the outcomes of such activities, including—
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Time period.
42 USC
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PUBLIC LAW 117–328—DEC. 29, 2022
(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:
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‘‘SEC. 520H. PEER-SUPPORTED MENTAL HEALTH SERVICES.
‘‘(a) GRANTS AUTHORIZED.—The Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use, shall
award grants to eligible entities to enable such entities to develop,
expand, and enhance access to mental health peer-delivered services.
‘‘(b) USE OF FUNDS.—Grants awarded under subsection (a) shall
be used to develop, expand, and enhance national, statewide, or
community-focused programs, including virtual peer-support services and technology-related capabilities, including by—
‘‘(1) carrying out workforce development, recruitment, and
retention activities, to train, recruit, and retain peer-support
providers;
‘‘(2) building connections between mental health treatment
programs, including between community organizations and
peer-support networks, including virtual peer-support networks,
and with other mental health support services;
‘‘(3) reducing stigma associated with mental health disorders;
‘‘(4) expanding and improving virtual peer mental health
support services, including through the adoption of technologies
and capabilities to expand access to virtual peer mental health
support services, such as by acquiring equipment and software
necessary to efficiently run virtual peer-support services; and
‘‘(5) conducting research on issues relating to mental illness
and the impact peer-support has on resiliency, including identifying—
‘‘(A) the signs of mental illness;
‘‘(B) the resources available to individuals with mental
illness and to their families; and
‘‘(C) the resources available to help support individuals
living with mental illness.
‘‘(c) SPECIAL CONSIDERATION.—In carrying out this section, the
Secretary shall give special consideration to the unique needs of
rural areas.
‘‘(d) DEFINITION.—In this section, the term ‘eligible entity’
means—
‘‘(1) a consumer-run nonprofit organization that—
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‘‘(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 peersupport networks, to increase the prevalence and quality
of long-term wellness of individuals living with a mental
health condition, including those with a co-occurring substance use disorder; or
‘‘(2) an Indian Tribe, Tribal organization, Urban Indian
organization, or consortium of Tribes or Tribal organizations.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $13,000,000 for each
of fiscal years 2023 through 2027.’’.
Time periods.
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:
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‘‘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.
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Determination.
Contracts.
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‘‘(2) FORMULA.—The Secretary, in consultation with the
Director of the Indian Health Service, using the process
described in subsection (d), shall develop a formula to determine
the amount of an award under paragraph (1).
‘‘(3) DELIVERY OF FUNDS.—On request from an Indian Tribe
or Tribal organization, the Secretary, acting through the Assistant Secretary for Mental Health and Substance Use and in
coordination with the Director of the Indian Health Service,
may award funds under this section through a contract or
compact under, as applicable, title I or V of the Indian SelfDetermination 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 WellBeing Act of 2022, the Secretary shall prepare and submit, to
the Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Energy and Commerce of the House
of Representatives, a report describing the services provided pursuant to this section.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section, $80,000,000 for each
of fiscal years 2023 through 2027.’’.
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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’’.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
(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’’.
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SEC.
1215.
SOBER TRUTH ON PREVENTING
DRINKING REAUTHORIZATION.
(STOP)
UNDERAGE
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 schooldesignated 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
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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) IN GENERAL.—The Secretary, on behalf of the
Committee, shall annually submit to the Congress a
report that summarizes—
‘‘(I) all programs and policies of Federal agencies designed to prevent and reduce underage
drinking, including such programs and policies
that support State efforts to prevent or reduce
underage drinking;
‘‘(II) the extent of progress in preventing and
reducing underage drinking at State and national
levels;
‘‘(III) data that the Secretary shall collect with
respect to the information specified in clause (ii);
and
‘‘(IV) such other information regarding underage drinking as the Secretary determines to be
appropriate.
‘‘(ii) CERTAIN INFORMATION.—The report under
clause (i) shall include information on the following:
‘‘(I) Patterns and consequences of underage
drinking as reported in research and surveys such
as, but not limited to, Monitoring the Future,
Youth Risk Behavior Surveillance System, the
National Survey on Drug Use and Health, and
the Fatality Analysis Reporting System.
‘‘(II) Measures of the availability of alcohol
from commercial and non-commercial sources to
underage populations.
‘‘(III) Measures of the exposure of underage
populations to messages regarding alcohol in
advertising, social media, and the entertainment
media.
‘‘(IV) Surveillance data, including, to the
extent such information is available, information
on the onset and prevalence of underage drinking,
consumption patterns and beverage preferences,
trends related to drinking among different age
groups, including between youth and adults, the
means of underage access, including trends over
time, for these surveillance data, and other data,
as appropriate. The Secretary shall develop a plan
to improve the collection, measurement, and
consistency of reporting Federal underage alcohol
data.
‘‘(V) Any additional findings resulting from
research conducted or supported under subsection
(g).
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Data.
Data.
Plan.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(VI) Evidence-based best practices to prevent
and reduce underage drinking and provide treatment services to those youth who need such services.
‘‘(2) ANNUAL REPORT ON STATE UNDERAGE DRINKING
PREVENTION AND ENFORCEMENT ACTIVITIES.—
‘‘(A) IN GENERAL.—The Secretary shall, with input and
collaboration from other appropriate Federal agencies,
States, Indian Tribes, territories, and public health, consumer, and alcohol beverage industry groups, annually
issue a report on each State’s performance in enacting,
enforcing, and creating laws, regulations, programs, and
other actions to prevent or reduce underage drinking based
on the best practices identified pursuant to paragraph
(1)(F)(ii)(VI). For purposes of this paragraph, each such
report, with respect to a year, shall be referred to as
the ‘State Report’. Each State Report may be used as
a resource to inform the identification and implementation
of activities to prevent underage drinking, as determined
to be appropriate by such State or other applicable entity.
‘‘(B) CONTENTS.—
‘‘(i) PERFORMANCE MEASURES.—The Secretary shall
develop, in consultation with the Committee, a set
of measures to be used in preparing the State Report
on best practices, including as they relate to State
laws, regulations, other actions, and enforcement practices.
‘‘(ii) STATE REPORT CONTENT.—The State Report
shall include updates on State laws, regulations, and
other actions, including those described in previous
reports to Congress, including with respect to the following:
‘‘(I) Whether or not the State has comprehensive anti-underage drinking laws such as for the
illegal sale, purchase, attempt to purchase,
consumption, or possession of alcohol; illegal use
of fraudulent ID; illegal furnishing or obtaining
of alcohol for an individual under 21 years; the
degree of strictness of the penalties for such
offenses; and the prevalence of the enforcement
of each of these infractions.
‘‘(II) Whether or not the State has comprehensive liability statutes pertaining to underage access
to alcohol such as dram shop, social host, and
house party laws, and the prevalence of enforcement of each of these laws.
‘‘(III) Whether or not the State encourages
and conducts comprehensive enforcement efforts
to prevent underage access to alcohol at retail
outlets, such as random compliance checks and
shoulder tap programs, and the number of compliance checks within alcohol retail outlets measured
against the number of total alcohol retail outlets
in each State, and the result of such checks.
‘‘(IV) Whether or not the State encourages
training on the proper selling and serving of
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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) 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
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Cost projections.
Reports.
Recommendations.
Contracts.
Time periods.
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of the campaign and assure that the messages of the campaign are disseminated from a variety of sources;
‘‘(F) conduct the campaign through multi-media
sources; and
‘‘(G) take into consideration demographics and other
relevant factors to most effectively reach target audiences.
‘‘(4) CONSULTATION REQUIREMENT.—In developing and
implementing the national media campaign described in this
section, the Secretary shall review recommendations for
reducing underage drinking, including those published by the
National Academies of Sciences, Engineering, and Medicine
and the Surgeon General. The Secretary shall also consult
with interested parties including the alcohol beverage industry,
medical, public health, and consumer and parent groups, law
enforcement, institutions of higher education, community-based
organizations and coalitions, and other relevant stakeholders.
‘‘(5) ANNUAL REPORT.—The Secretary shall produce an
annual report on the progress of the development or
implementation of the media campaign described in this subsection, including expenses and projected costs, and, as such
information is available, report on the effectiveness of such
campaign in affecting adult attitudes toward underage drinking
and adult willingness to take actions to decrease underage
drinking.
‘‘(6) RESEARCH ON YOUTH-ORIENTED CAMPAIGN.—The Secretary may, based on the availability of funds, conduct or
support research on the potential success of a youth-oriented
national media campaign to reduce underage drinking. The
Secretary shall report to Congress any such results and any
related recommendations.
‘‘(7) ADMINISTRATION.—The Secretary may enter into an
agreement with another Federal agency to delegate the
authority for execution and administration of the adult-oriented
national media campaign.
‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $2,500,000
for each of fiscal years 2023 through 2027.
‘‘(e) COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO
PREVENT UNDERAGE DRINKING.—
‘‘(1) AUTHORIZATION OF PROGRAM.—The Assistant Secretary
for Mental Health and Substance Use, in consultation with
the Director of the Office of National Drug Control Policy,
shall award enhancement grants to eligible entities to design,
implement, evaluate, and disseminate comprehensive strategies
to maximize the effectiveness of community-wide approaches
to preventing and reducing underage drinking. This subsection
is subject to the availability of appropriations.
‘‘(2) PURPOSES.—The purposes of this subsection are to—
‘‘(A) prevent and reduce alcohol use among youth in
communities throughout the United States;
‘‘(B) strengthen collaboration among communities, the
Federal Government, Tribal Governments, and State and
local governments;
‘‘(C) enhance intergovernmental cooperation and
coordination on the issue of alcohol use among youth;
‘‘(D) serve as a catalyst for increased citizen participation and greater collaboration among all sectors and
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PUBLIC LAW 117–328—DEC. 29, 2022
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 under this subsection shall not exceed $60,000
per year and may not exceed four years.
‘‘(5) SUPPLEMENT NOT SUPPLANT.—Grant funds provided
under this subsection shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this subsection.
‘‘(6) EVALUATION.—Grants under this subsection shall be
subject to the same evaluation requirements and procedures
as the evaluation requirements and procedures imposed on
recipients of drug-free community grants.
‘‘(7) DEFINITIONS.—For purposes of this subsection, the
term ‘eligible entity’ means an organization that is currently
receiving or has received grant funds under the Drug-Free
Communities Act of 1997.
‘‘(8) ADMINISTRATIVE EXPENSES.—Not more than 6 percent
of a grant under this subsection may be expended for administrative expenses.
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $11,500,000
for each of fiscal years 2023 through 2027.
‘‘(f) GRANTS TO ORGANIZATIONS REPRESENTING PEDIATRIC PROVIDERS AND OTHER RELATED HEALTH PROFESSIONALS TO REDUCE
UNDERAGE DRINKING THROUGH SCREENING AND BRIEF INTERVENTIONS.—
‘‘(1) IN GENERAL.—The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall
make awards to one or more entities representing pediatric
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Time periods.
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providers and other related health professionals with demonstrated ability to increase among the members of such entities effective practices to reduce the prevalence of alcohol use
among individuals under the age of 21, including college students.
‘‘(2) PURPOSES.—Grants under this subsection shall be
made to improve—
‘‘(A) screening adolescents for alcohol use;
‘‘(B) offering brief interventions to adolescents to
discourage such use;
‘‘(C) educating parents about the dangers of and
methods of discouraging such use;
‘‘(D) diagnosing and treating alcohol use disorders; and
‘‘(E) referring patients, when necessary, to other appropriate care.
‘‘(3) USE OF FUNDS.—An entity receiving a grant under
this section may use the grant funding to promote the practices
specified in paragraph (2) among its members by—
‘‘(A) providing training to health care providers;
‘‘(B) disseminating best practices, including culturally
and linguistically appropriate best practices, and developing and distributing materials; and
‘‘(C) supporting other activities as determined appropriate by the Assistant Secretary.
‘‘(4) APPLICATION.—To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Assistant Secretary at such time, and in such manner, and
accompanied by such information and assurances as the Secretary may require. Each application shall include—
‘‘(A) a description of the entity;
‘‘(B) a description of the activities to be completed
that will promote the practices specified in paragraph (2);
‘‘(C) a description of the entity’s qualifications for performing such activities; and
‘‘(D) a timeline for the completion of such activities.
‘‘(5) DEFINITIONS.—For the purpose of this subsection:
‘‘(A) BRIEF INTERVENTION.—The term ‘brief intervention’ means, after screening a patient, providing the patient
with brief advice and other brief motivational enhancement
techniques designed to increase the insight of the patient
regarding the patient’s alcohol use, and any realized or
potential consequences of such use to effect the desired
related behavioral change.
‘‘(B) SCREENING.—The term ‘screening’ means using
validated patient interview techniques to identify and
assess the existence and extent of alcohol use in a patient.
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $3,000,000
for each of fiscal years 2023 through 2027.
‘‘(g) DATA COLLECTION AND RESEARCH.—
‘‘(1) ADDITIONAL RESEARCH ON UNDERAGE DRINKING.—
‘‘(A) IN GENERAL.—The Secretary shall, subject to the
availability of appropriations, support the collection of data,
and conduct or support research that is not duplicative
of research currently being conducted or supported by the
Department of Health and Human Services, on underage
drinking, with respect to the following:
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5669
‘‘(i) The evaluation, which may include through
the development of relevant capabilities of expertise
within a State, of the effectiveness of comprehensive
community-based programs or strategies and statewide
systems to prevent and reduce underage drinking,
across the underage years from early childhood to age
21, such as programs funded and implemented by
governmental entities, public health interest groups
and foundations, and alcohol beverage companies and
trade associations.
‘‘(ii) Obtaining and reporting more precise information than is currently collected on the scope of the
underage drinking problem and patterns of underage
alcohol consumption, including improved knowledge
about the problem and progress in preventing,
reducing, and treating underage drinking, as well as
information on the rate of exposure of youth to advertising and other media messages encouraging and
discouraging alcohol consumption.
‘‘(iii) The development and identification of evidence-based or evidence-informed strategies to reduce
underage drinking, which may include through
translational research.
‘‘(iv) Improving and conducting public health data
collection on alcohol use and alcohol-related conditions
in States, which may include by increasing the use
of surveys, such as the Behavioral Risk Factor Surveillance System, to monitor binge and excessive drinking
and related harms among individuals who are at least
18 years of age, but not more than 20 years of age,
including harm caused to self or others as a result
of alcohol use that is not duplicative of research currently being conducted or supported by the Department
of Health and Human Services.
‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this paragraph
$5,000,000 for each of fiscal years 2023 through 2027.
‘‘(2) NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE STUDY.—
‘‘(A) IN GENERAL.—Not later than 12 months after the
date of enactment of the Restoring Hope for Mental Health
and Well-Being Act of 2022, the Secretary shall—
‘‘(i) contract with the National Academies of
Sciences, Engineering, and Medicine to study developments in research on underage drinking and the
implications of these developments; and
‘‘(ii) report to the Congress on the results of such
review.
‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this paragraph
$500,000 for fiscal year 2023.’’.
Evaluation.
Time periods.
Contracts.
Reports.
Time period.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
(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
HOMELESSNESS.
ASSISTANCE
IN
TRANSITION
FROM
Section 535(a) of the Public Health Service Act (42 U.S.C.
290cc–35(a)) is amended by striking ‘‘2018 through 2022’’ and
inserting ‘‘2023 through 2027’’.
SEC. 1219. GRANTS FOR REDUCING OVERDOSE DEATHS.
(a) GRANTS.—
(1) REPEAL OF MAXIMUM GRANT AMOUNT.—Paragraph (2)
of section 544(a) of the Public Health Service Act (42 U.S.C.
290dd–3(a)) is hereby repealed.
(2) ELIGIBLE ENTITY; SUBGRANTS.—Section 544(a) of the
Public Health Service Act (42 U.S.C. 290dd–3(a)) is amended
by striking paragraph (3) and inserting the following:
‘‘(2) ELIGIBLE ENTITY.—For purposes of this section, the
term ‘eligible entity’ means a State, Territory, locality, or Indian
Tribe or Tribal organization (as those terms are defined in
section 4 of the Indian Self-Determination and Education
Assistance Act).
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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
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PUBLIC LAW 117–328—DEC. 29, 2022
Secretary of Veterans Affairs regarding the provision of
information to prescribers within Department of Veterans
Affairs medical facilities on best practices for prescribing
or co-prescribing a drug or device approved, cleared, or
otherwise legally marketed under the Federal Food, Drug,
and Cosmetic Act for emergency treatment of known or
suspected opioid overdose, including for patients receiving
chronic opioid therapy and patients being treated for opioid
use disorders.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed as establishing or contributing to a medical
standard of care.’’.
(6) AUTHORIZATION OF APPROPRIATIONS.—Section 544(g) of
the Public Health Service Act (42 U.S.C. 290dd–3(g)), as
redesignated, is amended by striking ‘‘fiscal years 2017 through
2021’’ and inserting ‘‘fiscal years 2023 through 2027’’.
(7) TECHNICAL AMENDMENTS.—
(A) Section 544 of the Public Health Service Act (42
U.S.C. 290dd–3), as amended, is further amended by
striking ‘‘approved or cleared’’ each place it appears and
inserting ‘‘approved, cleared, or otherwise legally marketed’’.
(B) Section 107 of the Comprehensive Addiction and
Recovery Act of 2016 (Public Law 114–198) is amended
by striking subsection (b).
Time periods.
42 USC
290dd–3 note.
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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:
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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) AUTHORIZATION OF APPROPRIATIONS.—Section 545(h)(1) of
the Public Health Service Act, is amended by striking ‘‘fiscal years
2017 through 2019’’ and inserting ‘‘fiscal years 2023 through 2027’’.
(e) TECHNICAL AMENDMENT.—Section 545 of the Public Health
Service Act (42 U.S.C. 290ee), as amended, is further amended
by striking ‘‘approved or cleared’’ each place it appears and inserting
‘‘approved, cleared, or otherwise legally marketed’’.
SEC. 1221. EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS.
Section 7091 of the SUPPORT for Patients and Communities
Act (Public Law 115–271) is amended—
(1) in the section heading, by striking ‘‘DEMONSTRATION’’
(and by conforming the item relating to such section in the
table of contents in section 1(b));
(2) in subsection (a)—
(A) by amending the subsection heading to read as
follows: ‘‘GRANT PROGRAM’’; and
(B) in paragraph (1), by striking ‘‘demonstration’’;
(3) in subsection (b), in the subsection heading, by striking
‘‘DEMONSTRATION’’;
(4) in subsection (d)(4), by striking ‘‘tribal’’ and inserting
‘‘Tribal’’;
(5) in subsection (f)—
(A) in the heading, by striking ‘‘REPORT’’ and inserting
‘‘REPORTS’’; and
(B) in the matter preceding paragraph (1), by striking
‘‘Not later than 1 year after completion of the demonstration program under this section, the Secretary shall submit
a report to the Congress on the results of the demonstration
program’’ and inserting ‘‘Not later than the end of each
of fiscal years 2024 and 2027, the Secretary shall submit
to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on
the results of the program’’; and
(6) in subsection (g), by striking ‘‘2019 through 2021’’ and
inserting ‘‘2023 through 2027’’.
Time periods.
42 USC
294i–1.
42 USC
294i–1.
CHAPTER 3—EXCELLENCE IN RECOVERY HOUSING
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
(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.
Update.
Public
information.
Web posting.
Section 550(a) of the Public Health Service Act (42 U.S.C.
290ee–5(a)) (relating to national recovery housing best practices)
is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
individuals and entities specified in paragraph (2), shall continue activities to identify, facilitate the development of, and
periodically update consensus-based best practices, which may
include model laws for implementing suggested minimum
standards for operating, and promoting the availability of, highquality recovery housing.’’;
(2) in paragraph (2)—
(A) by striking subparagraphs (A) and (B) and inserting
the following:
‘‘(A) officials representing the agencies described in
subsection (e)(2);’’;
(B) by redesignating subparagraphs (C) through (G)
as subparagraphs (B) through (F), respectively;
(C) in subparagraph (B), as so redesignated, by striking
‘‘tribal’’ and inserting ‘‘Tribal’’; and
(D) in subparagraph (D), as so redesignated, by striking
‘‘tribes, tribal organizations, and tribally’’ and inserting
‘‘Tribes, Tribal organizations, and Tribally’’; and
(3) by adding at the end the following:
‘‘(3) AVAILABILITY.—The best practices referred to in paragraph (1) shall be—
‘‘(A) made publicly available; and
‘‘(B) published on the public website of the Substance
Abuse and Mental Health Services Administration.
‘‘(4) EXCLUSION OF GUIDELINE ON TREATMENT SERVICES.—
In facilitating the development of best practices under paragraph (1), the Secretary may not include any best practices
with respect to substance use disorder treatment services.’’.
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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—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) IN GENERAL.—The Secretary, acting through the Assistant Secretary, and the Secretary of Housing and Urban
Development shall convene an interagency working group for
the following purposes:
‘‘(A) To increase collaboration, cooperation, and consultation among the Department of Health and Human
Services, the Department of Housing and Urban Development, and the Federal agencies listed in paragraph (2)(B),
with respect to promoting the availability of housing,
including high-quality recovery housing, for individuals
experiencing homelessness, individuals with mental illnesses, and individuals with substance use disorder.
‘‘(B) To align the efforts of such agencies and avoid
duplication of such efforts by such agencies.
‘‘(C) To develop objectives, priorities, and a long-term
plan for supporting State, Tribal, and local efforts with
respect to the operation of high-quality recovery housing
that is consistent with the best practices developed under
this section.
‘‘(D) To improve information on the quality of recovery
housing.
‘‘(2) COMPOSITION.—The interagency working group under
paragraph (1) shall be composed of—
‘‘(A) the Secretary, acting through the Assistant Secretary, and the Secretary of Housing and Urban Development, who shall serve as the co-chairs; and
‘‘(B) representatives of each of the following Federal
agencies:
‘‘(i) The Centers for Medicare & Medicaid Services.
‘‘(ii) The Substance Abuse and Mental Health Services Administration.
‘‘(iii) The Health Resources and Services Administration.
‘‘(iv) The Office of the Inspector General of the
Department of Health and Human Services.
‘‘(v) The Indian Health Service.
‘‘(vi) The Department of Agriculture.
‘‘(vii) The Department of Justice.
‘‘(viii) The Office of National Drug Control Policy.
‘‘(ix) The Bureau of Indian Affairs.
‘‘(x) The Department of Labor.
‘‘(xi) The Department of Veterans Affairs.
‘‘(xii) Any other Federal agency as the co-chairs
determine appropriate.
‘‘(3) MEETINGS.—The working group shall meet on a quarterly basis.
‘‘(4) REPORTS TO CONGRESS.—Not later than 4 years after
the date of the enactment of this section, the working group
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Establishment.
Plan.
Time period.
Recommendations.
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136 STAT. 5676
PUBLIC LAW 117–328—DEC. 29, 2022
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.
Contracts.
Recommendations.
Time period.
(a) IN GENERAL.—Not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human Services,
acting through the Assistant Secretary for Mental Health and Substance Use, shall—
(1) contract with the National Academies of Sciences,
Engineering, and Medicine—
(A) to study the quality and effectiveness of recovery
housing in the United States and whether the availability
of such housing meets demand; and
(B) to identify recommendations to promote the availability of high-quality recovery housing; and
(2) report to the Congress on the results of such review.
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there is authorized to be appropriated $1,500,000 for fiscal
year 2023.
SEC. 1235. GRANTS FOR STATES TO PROMOTE THE AVAILABILITY OF
RECOVERY HOUSING AND SERVICES.
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Deadlines.
Web posting.
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Section 550 of the Public Health Service Act (42 U.S.C. 290ee–
5) (relating to national recovery housing best practices), as amended
by sections 1232 and 1233, is further amended by inserting after
subsection (e) (as inserted by section 1233) the following:
‘‘(f) GRANTS FOR IMPLEMENTING NATIONAL RECOVERY HOUSING
BEST PRACTICES.—
‘‘(1) IN GENERAL.—The Secretary shall award grants to
States (and political subdivisions thereof), Indian Tribes, and
territories—
‘‘(A) for the provision of technical assistance to implement the guidelines and recommendations developed under
subsection (a); and
‘‘(B) to promote—
‘‘(i) the availability of recovery housing for individuals with a substance use disorder; and
‘‘(ii) the maintenance of recovery housing in accordance with best practices developed under this section.
‘‘(2) STATE PROMOTION PLANS.—Not later than 90 days after
receipt of a grant under paragraph (1), and every 2 years
thereafter, each State (or political subdivisions thereof,) Indian
Tribe, or territory receiving a grant under paragraph (1) shall
submit to the Secretary, and publish on a publicly accessible
internet website of the State (or political subdivisions thereof),
Indian Tribe, or territory—
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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), 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).
42 USC
290ee–5a.
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 SUBUSE.—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’’;
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STANCE
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PUBLIC LAW 117–328—DEC. 29, 2022
(8) in section 1933(d)(1) (42 U.S.C. 300x–33(d)), in the
matter following subparagraph (B), by striking ‘‘abuse of alcohol
and other drugs’’ and inserting ‘‘use of substances’’;
(9) by amending paragraph (4) of section 1934 (42 U.S.C.
300x–34) to read as follows:
‘‘(4) The term ‘substance use disorder’ means the recurrent
use of alcohol or other drugs that causes clinically significant
impairment.’’;
(10) in section 1935 (42 U.S.C. 300x–35)—
(A) in subsection (a), by striking ‘‘substance abuse’’
and inserting ‘‘substance use disorders’’; and
(B) in subsection (b)(1), by striking ‘‘substance abuse’’
each place it appears and inserting ‘‘substance use disorders’’;
(11) in section 1949 (42 U.S.C. 300x–59), by striking ‘‘substance abuse’’ each place it appears in subsections (a) and
(d) and inserting ‘‘substance use disorders’’;
(12) in section 1954(b)(4) (42 U.S.C. 300x–64(b)(4))—
(A) by striking ‘‘substance abuse’’ and inserting ‘‘substance use disorders’’; and
(B) by striking ‘‘such abuse’’ and inserting ‘‘such disorders’’; and
(13) in section 1956 (42 U.S.C. 300x–66), by striking ‘‘substance abuse’’ and inserting ‘‘substance use disorders’’.
(b) CERTAIN PROGRAMS REGARDING MENTAL HEALTH AND SUBSTANCE ABUSE.—Part C of title XIX of the Public Health Service
Act (42 U.S.C. 300y et seq.) is amended—
(1) in the part heading, by striking ‘‘SUBSTANCE ABUSE’’
and inserting ‘‘SUBSTANCE USE’’;
(2) in section 1971 (42 U.S.C. 300y), by striking ‘‘substance
abuse’’ each place it appears in subsections (a), (b), and (f)
and inserting ‘‘substance use’’; and
(3) in section 1976 (42 U.S.C. 300y–11), by striking ‘‘intravenous abuse’’ each place it appears and inserting ‘‘intravenous
use’’.
SEC. 1242. AUTHORIZED ACTIVITIES.
Section 1921(b) of the Public Health Service Act (42 U.S.C.
300x–21(b)) is amended by striking ‘‘activities to prevent and treat
substance use disorders’’ and inserting ‘‘activities to prevent, treat,
and provide recovery support services for substance use disorders’’.
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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
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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’’.
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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.’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 1247. STUDY ON ASSESSMENT FOR USE OF STATE RESOURCES.
Strategies.
Estimates.
(a) IN GENERAL.—The Secretary of Health and Human Services,
acting through the Assistant Secretary for Mental Health and Substance Use (in this section referred to as the ‘‘Secretary’’), shall,
in consultation with States and other local entities providing
prevention, treatment, or recovery support services related to substance use, conduct a study on strategies to assess community
needs with respect to such services in order to facilitate State
use of block grant funding received under subpart II of part B
of title XIX of the Public Health Service Act (42 U.S.C. 300x–
21 et seq.) to provide services to substance use disorder prevention,
treatment, and recovery support. The study shall, where feasible
and appropriate, include estimates of resources for community needs
strategies respective to prevention, treatment, or recovery support
services.
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report
on the results of the study conducted under subsection (a).
CHAPTER 5—TIMELY TREATMENT FOR OPIOID USE
DISORDER
SEC. 1251. STUDY ON EXEMPTIONS FOR TREATMENT OF OPIOID USE
DISORDER THROUGH OPIOID TREATMENT PROGRAMS
DURING THE COVID–19 PUBLIC HEALTH EMERGENCY.
District of
Columbia.
Territories.
Time period.
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(a) STUDY.—The Assistant Secretary for Mental Health and
Substance Use shall conduct a study, in consultation with patients
and other stakeholders, on activities carried out pursuant to exemptions granted—
(1) to a State (including the District of Columbia or any
territory of the United States) or an opioid treatment program;
(2) pursuant to section 8.11(h) of title 42, Code of Federal
Regulations; and
(3) during the period—
(A) beginning on the declaration of the public health
emergency for the COVID–19 pandemic under section 319
of the Public Health Service Act (42 U.S.C. 247d); and
(B) ending on the earlier of—
(i) the termination of such public health emergency, including extensions thereof pursuant to such
section 319; and
(ii) the end of calendar year 2022.
(b) PRIVACY.—The section does not authorize the disclosure
by the Department of Health and Human Services of individually
identifiable information about patients.
(c) FEEDBACK.—In conducting the study under subsection (a),
the Assistant Secretary for Mental Health and Substance Use shall
gather feedback from the States and opioid treatment programs
on their experiences in implementing exemptions described in subsection (a).
(d) REPORT.—Not later than 180 days after the end of the
period described in subsection (a)(3)(B), and subject to subsection
(c), the Assistant Secretary for Mental Health and Substance Use
shall publish a report on the results of the study under this section.
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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.—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.
Deadline.
21 USC 823 note.
CHAPTER 6—ADDITIONAL PROVISIONS RELATING TO
ADDICTION TREATMENT
SEC. 1261. PROHIBITION.
Notwithstanding any provision of this title and the amendments
made by this title, no funds made available to carry out this
title or any amendment made by this title shall be used to purchase,
procure, or distribute pipes or cylindrical objects intended to be
used to smoke or inhale illegal scheduled substances.
42 USC 238f
note.
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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.—
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(1) Subsections (a) and (d)(1) of section 304 of the Controlled
Substances Act (21 U.S.C. 824) are each amended by striking
‘‘303(g)(1)’’ each place it appears and inserting ‘‘303(g)’’.
(2) Section 309A(a)(2) of the Controlled Substances Act
(21 U.S.C. 829a) is amended—
(A) in the matter preceding subparagraph (A), by
striking ‘‘the controlled substance is to be administered
for the purpose of maintenance or detoxification treatment
under section 303(g)(2)’’ and inserting ‘‘the controlled substance is a narcotic drug in schedule III, IV, or V to
be administered for the purpose of maintenance or detoxification treatment’’; and
(B) by striking ‘‘and—’’ and all that follows through
‘‘is to be administered by injection or implantation;’’ and
inserting ‘‘and is to be administered by injection or
implantation;’’.
(3) Section 520E–4(c) of the Public Health Service Act
(42 U.S.C. 290bb–36d(c)) is amended by striking ‘‘information
on any qualified practitioner that is certified to prescribe medication for opioid dependency under section 303(g)(2)(B) of the
Controlled Substances Act’’ and inserting ‘‘information on any
practitioner who prescribes narcotic drugs in schedule III, IV,
or V of section 202 of the Controlled Substances Act for the
purpose of maintenance or detoxification treatment’’.
(4) Section 544(a)(3) of the Public Health Service Act (42
U.S.C. 290dd–3), as added by section 1219(a)(2), is amended
by striking ‘‘any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act’’ and
inserting ‘‘any practitioner dispensing narcotic drugs for the
purpose of maintenance or detoxification treatment’’.
(5) Section 1833(bb)(3)(B) of the Social Security Act (42
U.S.C. 1395l(bb)(3)(B)) is amended by striking ‘‘first receives
a waiver under section 303(g) of the Controlled Substances
Act on or after January 1, 2019’’ and inserting ‘‘first begins
prescribing narcotic drugs in schedule III, IV, or V of section
202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment on or after January 1, 2021’’.
(6) Section 1834(o)(3)(C)(ii) of the Social Security Act (42
U.S.C. 1395m(o)(3)(C)(ii)) is amended by striking ‘‘first receives
a waiver under section 303(g) of the Controlled Substances
Act on or after January 1, 2019’’ and inserting ‘‘first begins
prescribing narcotic drugs in schedule III, IV, or V of section
202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment on or after January 1, 2021’’.
(7) Section 1866F(c)(3) of the Social Security Act (42 U.S.C.
1395cc–6(c)(3)) is amended—
(A) in subparagraph (A), by adding ‘‘and’’ at the end;
(B) in subparagraph (B), by striking ‘‘; and’’ and
inserting a period; and
(C) by striking subparagraph (C).
(8) Section 1903(aa)(2)(C) of the Social Security Act (42
U.S.C. 1396b(aa)(2)(C)) is amended—
(A) in clause (i), by adding ‘‘and’’ at the end;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii).
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136 STAT. 5683
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SEC. 1263. REQUIRING PRESCRIBERS OF CONTROLLED SUBSTANCES
TO COMPLETE TRAINING.
(a) IN GENERAL.—Section 303 of the Controlled Substances
Act (21 U.S.C. 823) is amended by adding at the end the following:
‘‘(l) REQUIRED TRAINING FOR PRESCRIBERS.—
‘‘(1) TRAINING REQUIRED.—As a condition on registration
under this section to dispense controlled substances in schedule
II, III, IV, or V, the Attorney General shall require any qualified
practitioner, beginning with the first applicable registration
for the practitioner, to meet the following:
‘‘(A) If the practitioner is a physician (as defined under
section 1861(r) of the Social Security Act) and the practitioner meets one or more of the following conditions:
‘‘(i) The physician holds a board certification in
addiction psychiatry or addiction medicine from the
American Board of Medical Specialties.
‘‘(ii) The physician holds a board certification from
the American Board of Addiction Medicine.
‘‘(iii) The physician holds a board certification in
addiction medicine from the American Osteopathic
Association.
‘‘(iv) The physician has, with respect to the treatment and management of patients with opioid or other
substance use disorders, or the safe pharmacological
management of dental pain and screening, brief intervention, and referral for appropriate treatment of
patients with or at risk of developing opioid or other
substance use disorders, completed not less than 8
hours of training (through classroom situations, seminars at professional society meetings, electronic
communications, or otherwise) that is provided by—
‘‘(I) the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Dental
Association, the American Association of Oral and
Maxillofacial Surgeons, the American Psychiatric
Association, or any other organization accredited
by the Accreditation Council for Continuing Medical Education (ACCME) or the Commission for
Continuing Education Provider Recognition
(CCEPR);
‘‘(II) any organization accredited by a State
medical society accreditor that is recognized by
the ACCME or the CCEPR;
‘‘(III) any organization accredited by the American Osteopathic Association to provide continuing
medical education; or
‘‘(IV) any organization approved by the Assistant Secretary for Mental Health and Substance
Use, the ACCME, or the CCEPR.
‘‘(v) The physician graduated in good standing from
an accredited school of allopathic medicine, osteopathic
medicine, dental surgery, or dental medicine in the
United States during the 5-year period immediately
preceding the date on which the physician first registers or renews under this section and has successfully
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PUBLIC LAW 117–328—DEC. 29, 2022
completed a comprehensive allopathic or osteopathic
medicine curriculum or accredited medical residency
or dental surgery or dental medicine curriculum that
included not less than 8 hours of training on—
‘‘(I) treating and managing patients with
opioid or other substance use disorders, including
the appropriate clinical use of all drugs approved
by the Food and Drug Administration for the treatment of a substance use disorder; or
‘‘(II) the safe pharmacological management of
dental pain and screening, brief intervention, and
referral for appropriate treatment of patients with
or at risk of developing opioid and other substance
use disorders.
‘‘(B) If the practitioner is not a physician (as defined
under section 1861(r) of the Social Security Act), the practitioner is legally authorized by the State to dispense controlled substances under schedule II, III, IV, or V and
is dispensing such substances within such State in accordance with all applicable State laws, and the practitioner
meets one or more of the following conditions:
‘‘(i) The practitioner has completed not fewer than
8 hours of training with respect to the treatment and
management of patients with opioid or other substance
use disorders (through classroom situations, seminars
at professional society meetings, electronic communications, or otherwise) provided by the American Society
of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the
American Osteopathic Association, the American
Nurses Credentialing Center, the American Psychiatric
Association, the American Association of Nurse Practitioners, the American Academy of Physician Associates,
or any other organization approved or accredited by
the Assistant Secretary for Mental Health and Substance Use or the Accreditation Council for Continuing
Medical Education.
‘‘(ii) The practitioner has graduated in good
standing from an accredited physician assistant school
or accredited school of advanced practice nursing in
the United States during the 5-year period immediately
preceding the date on which the practitioner first registers or renews under this section and has successfully
completed a comprehensive physician assistant or
advanced practice nursing curriculum that included
not fewer than 8 hours of training on treating and
managing patients with opioid and other substance
use disorders, including the appropriate clinical use
of all drugs approved by the Food and Drug Administration for the treatment of a substance use disorder.
‘‘(2) ONE-TIME TRAINING.—
‘‘(A) IN GENERAL.—The Attorney General shall not
require any qualified practitioner to complete the training
described in clause (iv) or (v) of paragraph (1)(A) or clause
(i) or (ii) of paragraph (1)(B) more than once.
‘‘(B) NOTIFICATION.—Not later than 90 days after the
date of the enactment of the Restoring Hope for Mental
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Health and Well-Being Act of 2022, the Attorney General
shall provide to qualified practitioners a single written,
electronic notification of the training described in clauses
(iv) and (v) of paragraph (1)(A) or clauses (i) and (ii) of
paragraph (1)(B).
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed—
‘‘(A) to preclude the use, by a qualified practitioner,
of training received pursuant to this subsection to satisfy
registration requirements of a State or for some other
lawful purpose; or
‘‘(B) to preempt any additional requirements by a State
related to the dispensing of controlled substances under
schedule II, III, IV, or V.
‘‘(4) DEFINITIONS.—In this section:
‘‘(A) FIRST APPLICABLE REGISTRATION.—The term ‘first
applicable registration’ means the first registration or
renewal of registration by a qualified practitioner under
this section that occurs on or after the date that is 180
days after the date of enactment of the Restoring Hope
for Mental Health and Well-Being Act of 2022.
‘‘(B) QUALIFIED PRACTITIONER.—In this subsection, the
term ‘qualified practitioner’ means a practitioner who—
‘‘(i) is licensed under State law to prescribe controlled substances; and
‘‘(ii) is not solely a veterinarian.’’.
(b) REPORT.—Not later than 5 years after the date of enactment
of this Act, the Secretary, in consultation with the Attorney General,
shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report assessing the impact
of the elimination of the waiver program established under section
303(g)(2) of the Controlled Substances Act (21 U.S.C. 823(g)(2)),
as amended by the Drug Addiction Treatment Act of 2000.
Assessment.
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.
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(a) MATERIALS FOR TRAINING PHARMACISTS ON CERTAIN CIRCUMSTANCES UNDER WHICH A PHARMACIST MAY DECLINE TO FILL
A PRESCRIPTION.—
(1) UPDATES TO MATERIALS.—Section 3212(a) of the SUP-
Deadline.
PORT 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
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Administrator of the Drug Enforcement Administration,
Commissioner of Food and Drugs, Director of the Centers for
Disease Control and Prevention, and Assistant Secretary for
Mental Health and Substance Use, shall develop and disseminate not later than 1 year after the date of enactment of
the Restoring Hope for Mental Health and Well-Being Act
of 2022, and update periodically thereafter’’.
(2) MATERIALS INCLUDED.—Section 3212(b) of the SUPPORT for Patients and Communities Act (21 U.S.C. 829 note)
is amended—
(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2), as so redesignated, the following new paragraph:
‘‘(1) pharmacists on how to verify the identity of the
patient;’’.
(3) MATERIALS FOR TRAINING ON PATIENT VERIFICATION .—
Section 3212 of the SUPPORT for Patients and Communities
Act (21 U.S.C. 829 note) is amended by adding at the end
the following new subsection:
‘‘(d) MATERIALS FOR TRAINING ON VERIFICATION OF IDENTITY.—
Not later than 1 year after the date of enactment of this subsection,
the Secretary of Health and Human Services, after seeking stakeholder input in accordance with subsection (c), shall—
‘‘(1) update the materials developed under subsection (a)
to include information for pharmacists on how to verify the
identity of the patient; and
‘‘(2) disseminate, as appropriate, the updated materials.’’.
(b) INCENTIVIZING STATES TO BUILD OR MAINTAIN PRESCRIPTION
DRUG MONITORING PROGRAMS.—
(1) IN GENERAL.—Section 392A of the Public Health Service
Act (42 U.S.C. 280b–1) is amended—
(A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection:
‘‘(c) PRIORITY.—In awarding grants to States under subsections
(a) and (b), the Director of the Centers for Disease Control and
Prevention may give priority to jurisdictions with a disproportionately high rate of drug overdoses or drug overdose deaths, as
applicable.’’.
(2) CONFORMING CHANGE.—Section 392A of the Public
Health Service Act (42 U.S.C. 280b–1) is amended by striking
‘‘Indian tribes’’ each place it appears and inserting ‘‘Indian
Tribes’’.
Deadline.
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42 USC
290bb–25g note.
SEC. 1272. SYNTHETIC OPIOID AND EMERGING DRUG MISUSE DANGER
AWARENESS.
Deadline.
(a) IN GENERAL.—Not later than one year after the date of
enactment of this Act, the Secretary shall provide for the planning
and implementation of a public education campaign to raise public
awareness of synthetic opioids (including fentanyl and its analogues)
and emerging drug use and misuse issues, as appropriate. Such
campaign related to synthetic opioids shall include the dissemination of information that—
(1) promotes awareness about the potency and dangers
of fentanyl and its analogues and other synthetic opioids;
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PUBLIC LAW 117–328—DEC. 29, 2022
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 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, inperson public communications, and other commercial marketing
venues and may be targeted to specific demographic groups.
(c) CONSIDERATION OF REPORT FINDINGS.—In planning and
implementing the public education campaign under subsection (a)
related to synthetic opioids, the Secretary shall take into consideration the findings of the report required under section 7001 of
the SUPPORT for Patients and Communities Act (Public Law 115–
271).
(d) CONSULTATION.—In coordinating the campaign under subsection (a), the Secretary shall consult with the Assistant Secretary
for Mental Health and Substance Use to provide ongoing advice
on the effectiveness of information disseminated through the campaign.
(e) REQUIREMENT OF CAMPAIGN.—The campaign implemented
under subsection (a) shall not be duplicative of any other Federal
efforts relating to eliminating substance use and misuse.
(f) EVALUATION.—
(1) IN GENERAL.—The Secretary shall ensure that the campaign implemented under subsection (a) is subject to an independent evaluation, beginning 2 years after the date of enactment of this Act, and 2 years thereafter.
(2) MEASURES AND BENCHMARKS.—For purposes of an
evaluation conducted pursuant to paragraph (1), the Secretary
shall—
(A) establish baseline measures and benchmarks to
quantitatively evaluate the impact of the campaign under
this section; and
(B) conduct qualitative assessments regarding the
effectiveness of strategies employed under this section.
(g) REPORT.—The Secretary shall, beginning 2 years after the
date of enactment of this Act, and 2 years thereafter, submit to
Congress a report on the effectiveness of the campaign implemented
under subsection (a) towards meeting the measures and benchmarks
established under subsection (f)(2).
(h) DISSEMINATION OF INFORMATION THROUGH PROVIDERS.—
The Secretary shall develop and implement a plan for the dissemination of information related to synthetic opioids, to health care
providers who participate in Federal programs, including programs
administered by the Department of Health and Human Services,
the Indian Health Service, the Department of Veterans Affairs,
the Department of Defense, and the Health Resources and Services
Administration, the Medicare program under title XVIII of the
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Effective date.
Time period.
Assessments.
Effective date.
Plan.
PUBL328
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Deadlines.
Publication.
Public
information.
Web posting.
PUBLIC LAW 117–328—DEC. 29, 2022
Social Security Act (42 U.S.C. 1395 et seq.), and the Medicaid
program under title XIX of such Act (42 U.S.C. 1396 et seq.).
(i) TRAINING GUIDE AND OUTREACH ON SYNTHETIC OPIOID EXPOSURE PREVENTION.—
(1) TRAINING GUIDE.—Not later than 18 months after the
date of enactment of this Act, the Secretary shall design, publish, and make publicly available on the internet website of
the Department of Health and Human Services, a training
guide and webinar for first responders and other individuals
who also may be at high risk of exposure to synthetic opioids
that details measures to prevent that exposure.
(2) OUTREACH.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall also conduct outreach about the availability of the training guide and webinar
published under paragraph (1) to—
(A) fire department staff;
(B) law enforcement officers;
(C) ambulance transport and other first responders;
(D) hospital emergency department personnel; and
(E) other high-risk occupations, as identified by the
Secretary.
SEC. 1273. GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO
OPIOID USE DISORDERS.
Section 1003 of the 21st Century Cures Act (42 U.S.C. 290ee–
3 note) is amended to read as follows:
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42 USC
290ee–3a.
‘‘SEC. 1003. GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO
OPIOID USE DISORDERS.
‘‘(a) IN GENERAL.—The Secretary of Health and Human Services
(referred to in this section as the ‘Secretary’) shall carry out the
grant program described in subsection (b) for purposes of addressing
opioid misuse and use disorders and, as applicable and appropriate,
stimulant misuse and use disorders, within States, Indian Tribes,
and populations served by Tribal organizations and Urban Indian
organizations.
‘‘(b) GRANTS PROGRAM.—
‘‘(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall award grants to the single State
agency responsible for administering the substance use prevention, treatment, and recovery services block grant under subpart II of part B of title XIX of the Public Health Service
Act (42 U.S.C. 300x–21 et seq.), Indian Tribes, and Tribal
organizations for the purpose of addressing opioid misuse and
use disorders, and as applicable and appropriate, stimulant
misuse and use disorders, within such States, such Indian
Tribes, and populations served by such Tribal organizations,
in accordance with paragraph (2). Indian Tribes or Tribal
organizations may also apply for an award as part of a consortia
or may include in an application a partnership with an Urban
Indian organization.
‘‘(2) MINIMUM ALLOCATIONS.—Notwithstanding subsection
(i)(3), in determining grant amounts for each recipient of a
grant under paragraph (1), the Secretary shall ensure that
each State and the District of Columbia receive not less than
$4,000,000 and ensure that each Territory receives not less
than $250,000.
‘‘(3) FORMULA METHODOLOGY.—
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‘‘(A) IN GENERAL.—At least 30 days before publishing
a funding opportunity announcement with respect to grants
under this section, the Secretary shall—
‘‘(i) develop a formula methodology to be followed
in allocating grant funds awarded under this section
among grantees, which, where applicable and appropriate based on populations being served by the relevant entity—
‘‘(I) with respect to allocations for States, gives
preference to States whose populations have a
prevalence of opioid misuse and use disorders or
drug overdose deaths that is substantially higher
relative to the populations of other States;
‘‘(II) with respect to allocations for Tribes and
Tribal organizations, gives preferences to Tribes
and Tribal organizations (including those applying
in partnership with an Urban Indian organization)
serving populations with demonstrated need with
respect to opioid misuse and use disorders or drug
overdose deaths;
‘‘(III) includes performance assessments for
continuation awards; and
‘‘(IV) ensures that the formula avoids a
funding cliff between States with similar overdose
mortality rates to prevent funding reductions when
compared to prior year allocations, as determined
by the Secretary; and
‘‘(ii) not later than 30 days after developing the
formula methodology under clause (i), submit the formula methodology to—
‘‘(I) the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of the Senate; and
‘‘(II) the Committee on Energy and Commerce
and the Committee on Appropriations of the House
of Representatives.
‘‘(B) REPORT.—Not later than two years after the date
of the enactment of the Restoring Hope for Mental Health
and Well-Being Act of 2022, the Comptroller General of
the United States shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives a report that—
‘‘(i) assesses how grant funding is allocated to
States under this section and how such allocations
have changed over time;
‘‘(ii) assesses how any changes in funding under
this section have affected the efforts of States to
address opioid misuse and use disorders and, as
applicable and appropriate, stimulant misuse and use
disorders; and
‘‘(iii) assesses the use of funding provided through
the grant program under this section and other similar
grant programs administered by the Substance Abuse
and Mental Health Services Administration.
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Assessments.
Deadline.
Assessments.
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136 STAT. 5690
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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
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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) REPORT TO CONGRESS.—Not later than September 30, 2024,
and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives, and the Committees on Appropriations of the
House of Representatives and the Senate, a report that includes
a summary of the information provided to the Secretary in reports
made pursuant to subsections (c) and (d), including—
‘‘(1) the purposes for which grant funds are awarded under
this section;
‘‘(2) the activities of the grant recipients; and
‘‘(3) each entity that receives a grant under this section,
including the funding level provided to such recipient.
‘‘(g) TECHNICAL ASSISTANCE.—The Secretary, including through
the Tribal Training and Technical Assistance Center of the Substance Abuse and Mental Health Services Administration, as
applicable, shall provide entities described in subsection (b)(1) with
technical assistance concerning grant application and submission
procedures under this section, award management activities, and
enhancing outreach and direct support to rural and underserved
communities and providers in addressing substance use disorders.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ has the
meaning given the term ‘Indian tribe’ in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
‘‘(2) TRIBAL ORGANIZATION.—The term ‘Tribal organization’
has the meaning given the term ‘tribal organization’ in section
4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304).
‘‘(3) STATE.—The term ‘State’ has the meaning given such
term in section 1954(b) of the Public Health Service Act (42
U.S.C. 300x–64(b)).
‘‘(4) URBAN INDIAN ORGANIZATION.—The term ‘Urban Indian
organization’ has the meaning given such term in section 4
of the Indian Health Care Improvement Act.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—For purposes of carrying out the grant
program under subsection (b), there is authorized to be appropriated $1,750,000,000 for each of fiscal years 2023 through
2027.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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:
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‘‘SEC.
520K. IMPROVING UPTAKE AND
INTEGRATED CARE SERVICES.
PATIENT
ACCESS
TO
‘‘(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—
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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) a summary of the policies, if any, that are barriers
to the provision of integrated care, and the specific steps,
if applicable, that will be taken to address such barriers;
‘‘(C) a description of partnerships or other arrangements with local health care providers to provide services
to special populations and, as applicable, in areas with
demonstrated need, such as Tribal, rural, or other medically
underserved communities, such as those with a workforce
shortage of mental health and substance use disorder, pediatric mental health, or other related professionals;
‘‘(D) an agreement and plan to report to the Secretary
performance measures necessary to evaluate patient outcomes and facilitate evaluations across participating
projects; and
‘‘(E) a description of the plan or progress in implementing the psychiatric collaborative care model, as
applicable and appropriate;
‘‘(F) a description of the plan or progress of evidencebased or evidence-informed integrated care models other
than the psychiatric collaborative care model implemented
by primary care practices, as applicable and appropriate;
and
‘‘(G) a plan for sustainability beyond the grant or
cooperative agreement period under subsection (e).
‘‘(d) GRANT AND COOPERATIVE AGREEMENT AMOUNTS.—
‘‘(1) TARGET AMOUNT.—The target amount that an eligible
entity may receive for a year through a grant or cooperative
agreement under this section shall be no more than $2,000,000.
‘‘(2) ADJUSTMENT PERMITTED.—The Secretary, taking into
consideration the quality of an eligible entity’s application and
the number of eligible entities that received grants under this
section prior to the date of enactment of the Restoring Hope
for Mental Health and Well-Being Act of 2022, may adjust
the target amount that an eligible entity may receive for a
year through a grant or cooperative agreement under this section.
‘‘(3) LIMITATION.—An eligible entity that is receiving
funding under subsection (b)—
‘‘(A) may not allocate more than 10 percent of the
funds awarded to such eligible entity under this section
to administrative functions; and
‘‘(B) shall allocate the remainder of such funding to
health facilities that provide integrated care.
Summary.
Contracts.
Plan.
Plan.
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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) 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
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PUBLIC LAW 117–328—DEC. 29, 2022
shall submit a report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives summarizing the
information submitted in reports to the Secretary under subsection
(f), including progress made in meeting performance metrics and
the uptake of integrated care models, any adjustments made to
target amounts pursuant to subsection (d)(2), and any other relevant
information.
‘‘(i) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—To carry out this
section, there is authorized to be appropriated $60,000,000
for each of fiscal years 2023 through 2027.
‘‘(2) INCREASING UPTAKE OF THE PSYCHIATRIC COLLABORATIVE CARE MODEL BY PRIMARY CARE PRACTICES.—Not less
than 10 percent of funds appropriated to carry out this section
shall be for the purposes of implementing the psychiatric
collaborative care model implemented by primary care practices
under subsection (b).
‘‘(3) FUNDING CONTINGENCY.—Paragraph (2) shall not apply
to a fiscal year unless the amount made available to carry
out this section for such fiscal year exceeds the amount appropriated to carry out this section (as in effect before the date
of enactment of the Restoring Hope for Mental Health and
Well-Being Act of 2022) for fiscal year 2022.’’.
CHAPTER 2—HELPING ENABLE ACCESS TO LIFESAVING
SERVICES
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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
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(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
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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.
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‘‘(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.
Effective date.
Compliance.
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Time periods.
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(a) IN GENERAL.—Section 2794(c) of the Public Health Service
Act (42 U.S.C. 300gg–94(c)) (as added by section 1003 of the Patient
Protection and Affordable Care Act (Public Law 111–148)) is
amended by adding at the end the following:
‘‘(3) PARITY IMPLEMENTATION.—
‘‘(A) IN GENERAL.—Beginning during the first fiscal
year that begins after the date of enactment of this paragraph, the Secretary shall, out of funds made available
pursuant to subparagraph (C), award grants to eligible
States to enforce and ensure compliance with the mental
health and substance use disorder parity provisions of section 2726.
‘‘(B) ELIGIBLE STATE.—A State shall be eligible for a
grant awarded under this paragraph only if such State—
‘‘(i) submits to the Secretary an application for
such grant at such time, in such manner, and containing such information as specified by the Secretary;
and
‘‘(ii) agrees to request and review from health
insurance issuers offering group or individual health
insurance coverage the comparative analyses and other
information required of such health insurance issuers
under subsection (a)(8)(A) of section 2726 relating to
the design and application of nonquantitative treatment limitations imposed on mental health or substance use disorder benefits.
‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $10,000,000 for each of the
first five fiscal years beginning after the date of the enactment of this paragraph, to remain available until expended,
for purposes of awarding grants under subparagraph (A).’’.
(b) TECHNICAL AMENDMENT.—Section 2794 of the Public Health
Service Act (42 U.S.C. 300gg–95), as added by section 6603 of
the Patient Protection and Affordable Care Act (Public Law 111–
148) is redesignated as section 2795.
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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) 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.’’.
Grants.
Contracts.
SEC. 1402. INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION, INTERVENTION, AND TREATMENT.
Section 399Z–2 of the Public Health Service Act (42 U.S.C.
280h–6) is amended—
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
‘‘(f) TECHNICAL ASSISTANCE.—The Secretary may, directly or
by awarding grants or contracts to public and private nonprofit
entities, provide training and technical assistance to eligible entities
to carry out activities described in subsection (d).’’; and
(3) in subsection (g) (as redesignated by paragraph (1)),
by striking ‘‘$20,000,000 for the period of fiscal years 2018
through 2022’’ and inserting ‘‘$50,000,000 for the period of
fiscal years 2023 through 2027’’.
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SEC.
1403.
CO-OCCURRING CHRONIC
HEALTH IN YOUTH STUDY.
CONDITIONS
AND
MENTAL
Not later than 12 months after the date of enactment of this
Act, the Secretary of Health and Human Services shall—
(1) complete a study on the rates of suicidal behaviors
among children and adolescents with chronic illnesses,
including substance use disorders, autoimmune disorders, and
heritable blood disorders; and
(2) submit a report to the Congress on the results of such
study, including recommendations for early intervention services for such children and adolescents at risk of suicide, the
dissemination of best practices to support the emotional and
mental health needs of youth, and strategies to lower the
rates of suicidal behaviors in children and adolescents described
in paragraph (1) to reduce any demographic disparities in such
rates.
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Reports.
Recommendations.
Strategies.
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136 STAT. 5700
PUBLIC LAW 117–328—DEC. 29, 2022
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:
42 USC
290bb–39a.
‘‘SEC. 520H–1. BEST PRACTICES FOR BEHAVIORAL AND MENTAL
HEALTH INTERVENTION TEAMS.
Reports.
‘‘(a) IN GENERAL.—The Secretary, acting through the Assistant
Secretary for Mental Health and Substance Use, and in consultation
with the Secretary of Education, shall submit to the Health Education, Labor, and Pensions Committee of the Senate and the
Energy and Commerce Committee of the House of Representatives
a report that identifies best practices related to using behavioral
and mental health intervention teams, which may be used to assist
elementary schools, secondary schools, and institutions of higher
education interested in voluntarily establishing and using such
teams to support students exhibiting behaviors interfering with
learning at school or who are at risk of harm to self or others.
‘‘(b) ELEMENTS.—The report under subsection (a) shall assess
evidence supporting such best practices and, as appropriate, include
consideration of the following:
‘‘(1) How behavioral and mental health intervention teams
might operate effectively from an evidence-based, objective
perspective while protecting the constitutional and civil rights
and privacy of individuals.
‘‘(2) The use of behavioral and mental health intervention
teams—
‘‘(A) to identify and support students exhibiting behaviors interfering with learning or posing a risk of harm
to self or others; and
‘‘(B) to implement evidence-based interventions to meet
the behavioral and mental health needs of such students.
‘‘(3) How behavioral and mental health intervention teams
can—
‘‘(A) access evidence-based professional development to
support students described in paragraph (2)(A); and
‘‘(B) ensure that such teams—
‘‘(i) are composed of trained, diverse stakeholders
with expertise in child and youth development, behavioral and mental health, and disability; and
‘‘(ii) use cross validation by a wide-range of individual perspectives on the team.
‘‘(4) How behavioral and mental health intervention teams
can help mitigate inappropriate referral to mental health services or law enforcement by implementing evidence-based interventions that meet student needs.
‘‘(c) CONSULTATION.—In carrying out subsection (a), the Secretary shall consult with—
‘‘(1) the Secretary of Education;
‘‘(2) the Director of the National Threat Assessment Center
of the United States Secret Service;
‘‘(3) the Attorney General;
‘‘(4) teachers (which shall include special education
teachers), principals and other school leaders, school board
members, behavioral and mental health professionals (including
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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) 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 evidencebased 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.’’.
Web posting.
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’’.
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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—
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136 STAT. 5702
PUBLIC LAW 117–328—DEC. 29, 2022
(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’’.
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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)—
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PUBLIC LAW 117–328—DEC. 29, 2022
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’’.
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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.’’;
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136 STAT. 5704
PUBLIC LAW 117–328—DEC. 29, 2022
(E) in paragraph (7), by striking ‘‘mental and substance
use’’ and inserting ‘‘mental health and substance use’’;
(F) in paragraph (8), by striking ‘‘mental and substance
use’’ and inserting ‘‘mental health and substance use.’’;
(G) in paragraph (9), by striking ‘‘regarding improving
the behavioral health of students through clinical services,
outreach, prevention, or’’ and inserting ‘‘to improve the
behavioral health of students through clinical services, outreach, prevention, promotion of mental health, or’’;
(H) in paragraph (10), by striking ‘‘mental and behavioral disorders,’’ and inserting ‘‘mental and behavioral
health disorders,’’; and
(I) in paragraph (12), by striking ‘‘best practices.’’ and
inserting ‘‘best practices, and trauma-informed practices.’’;
(3) in subsection (d)—
(A) in paragraph (1), by striking ‘‘mental and substance
use’’ and inserting ‘‘mental health and substance use’’; and
(B) in paragraph (3), by striking ‘‘promoting access
to services,’’ and inserting ‘‘promoting mental health and
access to services,’’
(4) in subsection (f)—
(A) in the matter preceding paragraph (1), by striking
‘‘the Congress’’ and inserting ‘‘the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate’’;
(B) in paragraph (2), by striking ‘‘including efforts’’
and inserting ‘‘including through prevention, early detection, early intervention, and efforts’’; and
(C) by adding at the end the following:
‘‘(3) An assessment of the mental health and substance
use disorder needs of the populations served by recipients of
grants under this section.’’; and
(5) in subsection (i), by striking ‘‘2018 through 2022’’ and
inserting ‘‘2023 through 2027’’;
Assessment.
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 minorityserving 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
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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
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(2) the effects of such use on—
(A) emotional, behavioral, and physical health and
development; and
(B) any disparities in the mental health outcomes of
rural, minority, and other underserved populations.
(b) REPORT.—Not later than 5 years after the date of enactment
of this Act, the Secretary of Health and Human Services shall
submit to the Congress, and make publicly available, a report
on the findings of research under this section.
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SEC. 1432. RESEARCH ON THE HEALTH AND DEVELOPMENT EFFECTS
OF MEDIA AND RELATED TECHNOLOGY ON INFANTS,
CHILDREN, AND ADOLESCENTS.
(a) IN GENERAL.—The Secretary of Health and Human Services
(in this section referred to as the ‘‘Secretary’’) shall, as appropriate,
conduct or support research related to the health and developmental
effects, including long-term effects, of media and related technology
use on infants, children, and adolescents, which may include the
effects of exposure to, and use of, media and related technology,
such as social media, applications, websites, television, motion pictures, artificial intelligence, mobile devices, computers, video games,
virtual and augmented reality, and other content, networks, or
platforms disseminated through the internet, broadcasted, or other
media technologies, as applicable.
(b) ACTIVITIES.—In carrying out subsection (a), the Secretary,
acting through the Director of the National Institutes of Health,
shall, as appropriate, develop a research agenda to assess the
effects of media and related technologies on infants, children, and
adolescents, which may include consideration of the following, as
appropriate:
(1) The cognitive development of infants, children, and
adolescents, which may include effects related to language
development, learning abilities, and other areas of cognitive
development.
(2) The physical health of infants, children, and adolescents,
which may include effects related to diet, exercise, sleeping
and eating routines, and other areas of physical development.
(3) The mental health of infants, children, and adolescents,
which may include effects related to self-awareness, social
awareness, relationship skills, decision-making, violence, bullying, privacy, mental disorders, and other areas related to
mental health.
(c) CONSULTATION.—In developing the research agenda under
subsection (b), the Secretary may consult with appropriate national
research institutes, academies, and centers, relevant consortia, and
non-Federal experts, as appropriate. The Secretary may utilize scientific workshops, symposia, and other activities to assess current
knowledge and identify relevant research opportunities and gaps
in this area.
(d) REPORT TO CONGRESS.—Not later than 2 years after the
date of enactment of this Act, the Director of the National Institutes
of Health shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report—
(1) on the progress made in improving data and expanding
research on the health and developmental effects of media
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Public
information.
42 USC
285g–11.
Assessment.
Assessment.
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PUBLIC LAW 117–328—DEC. 29, 2022
and related technology on infants, children, and adolescents
in accordance with this section; and
(2) that summarizes the grants and research funded under
this section for each of the years covered by the report.
Summary.
Subtitle E—Miscellaneous Provisions
SEC. 1501. LIMITATIONS ON AUTHORITY.
42 USC
290aa–18.
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.
Prepare for and
Respond to
Existing Viruses,
Emerging New
Threats, and
Pandemics Act.
TITLE II—PREPARING FOR AND RESPONDING TO EXISTING VIRUSES,
EMERGING
NEW
THREATS,
AND
PANDEMICS
42 USC 201 note.
SEC. 2001. SHORT TITLE.
This title may be cited as the ‘‘Prepare for and Respond to
Existing Viruses, Emerging New Threats, and Pandemics Act’’ or
the ‘‘PREVENT Pandemics Act’’.
Subtitle A—Strengthening Federal and
State Preparedness
CHAPTER 1—FEDERAL LEADERSHIP AND
ACCOUNTABILITY
SEC. 2101. APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE
CENTERS FOR DISEASE CONTROL AND PREVENTION.
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(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:
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‘‘SEC. 305. APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE
CENTERS FOR DISEASE CONTROL AND PREVENTION.
President.
‘‘(a) IN GENERAL.—The Centers for Disease Control and Prevention (referred to in this section as the ‘CDC’) shall be headed
by the Director of the Centers for Disease Control and Prevention
(referred to in this section as the ‘Director’), who shall be appointed
by the President, by and with the advice and consent of the Senate.
Such individual shall also serve as the Administrator of the Agency
for Toxic Substances and Disease Registry consistent with section
104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act. The Director shall perform functions provided for in subsection (b) and such other functions as the Secretary
may prescribe.
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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) 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;
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‘‘(iv) enhancing global and domestic public health
capacity, capabilities, and preparedness, including
public health data, surveillance, workforce, and laboratory capacity and safety; and
‘‘(v) other priorities, as established by the Director;
‘‘(B) describe the capacity and capabilities necessary
to achieve the priorities and objectives under subparagraph
(A), and progress towards achieving such capacity and
capabilities, as appropriate; and
‘‘(C) include a description of how the CDC Strategic
Plan incorporates—
‘‘(i) strategic communications;
‘‘(ii) partnerships with private sector entities, and
State, local, and Tribal health departments, and other
public sector entities, as appropriate; and
‘‘(iii) coordination with other agencies and offices
of the Department of Health and Human Services and
other Federal departments and agencies, as appropriate.
‘‘(3) USE OF PLANS.—Strategic plans developed and updated
by the centers, institutes, and offices of the CDC shall be
prepared regularly and in such a manner that such plans
will be informed by the CDC Strategic Plan developed and
updated under this subsection.
‘‘(d) APPEARANCES BEFORE CONGRESS.—
‘‘(1) IN GENERAL.—Each fiscal year, the Director shall
appear before the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives at hearings
on topics such as—
‘‘(A) support for State, local, and Tribal public health
preparedness and responses to any recent or ongoing public
health emergency, including—
‘‘(i) any objectives, activities, or initiatives that
have been carried out, or are planned, by the Director
to prepare for, or respond to, the public health emergency, including relevant strategic communications or
partnerships and any gaps or challenges identified in
such objectives, activities, or initiatives;
‘‘(ii) any objectives and planned activities for the
upcoming fiscal year to address gaps in, or otherwise
improve, State, local, and Tribal public health
preparedness; and
‘‘(iii) other potential all-hazard threats that the
Director is preparing to address;
‘‘(B) activities related to public health and functions
of the Director described in subsection (b); and
‘‘(C) updates on other relevant activities supported or
conducted by the CDC, or in collaboration or coordination
with the heads of other Federal departments, agencies,
or stakeholders, as appropriate.
‘‘(2) CLARIFICATIONS.—
‘‘(A) WAIVER AUTHORITY.—The Chair of the Committee
on Health, Education, Labor, and Pensions of the Senate
or the Chair of the Committee on Energy and Commerce
Time period.
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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) GUIDELINES.—The Director, in consultation with the
Secretary, shall establish guidelines regarding the use of the
authority under paragraph (1). Such guidelines shall include
auditing requirements.’’.
(b) EFFECTIVE DATE.—The first sentence of section 305(a) of
the Public Health Service Act, as added by subsection (a), shall
take effect on January 20, 2025.
Audit
requirements.
42 USC 242c
note.
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:
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‘‘SEC. 305A. ADVISORY COMMITTEE TO THE DIRECTOR.
‘‘(a) IN GENERAL.—Not later than 60 days after the date of
the enactment of the PREVENT Pandemics Act, the Secretary,
acting through the Director of the Centers for Disease Control
and Prevention (referred to in this section as the ‘Director’), shall
maintain or establish an advisory committee within the Centers
for Disease Control and Prevention to advise the Director on policy
and strategies that enable the agency to fulfill its mission.
‘‘(b) FUNCTIONS AND ACTIVITIES.—The Advisory Committee
may—
‘‘(1) make recommendations to the Director regarding ways
to prioritize the activities of the agency in alignment with
the CDC Strategic Plan required under section 305(c);
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‘‘(2) advise on ways to achieve or improve performance
metrics in relation to the CDC Strategic Plan, and other relevant metrics, as appropriate;
‘‘(3) provide advice and recommendations on the development of the CDC Strategic Plan, and any subsequent updates,
as appropriate;
‘‘(4) advise on grants, cooperative agreements, contracts,
or other transactions, as applicable;
‘‘(5) provide other advice to the Director, as requested,
to fulfill duties under sections 301 and 311; and
‘‘(6) appoint subcommittees.
‘‘(c) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Advisory Committee shall consist
of not more than 15 non-Federal members, including the Chair,
to be appointed by the Secretary under paragraph (3).
‘‘(2) EX OFFICIO MEMBERS.—Any ex officio members of the
Advisory Council may consist of—
‘‘(A) the Secretary;
‘‘(B) the Assistant Secretary for Health;
‘‘(C) the Director; and
‘‘(D) such additional officers or employees of the United
States as the Secretary determines necessary for the
advisory committee to effectively carry out its functions.
‘‘(3) APPOINTED MEMBERS.—Individuals shall be appointed
to the Advisory Committee under paragraph (1) as follows:
‘‘(A) Twelve of the members shall be appointed by
the Director from among the leading representatives of
the health disciplines (including public health, global
health, health disparities, biomedical research, public
health preparedness, and other fields, as applicable) relevant to the activities of the agency or center, as applicable.
‘‘(B) Three of the members may be appointed by the
Secretary from the general public and may include leaders
in fields of innovation, public policy, public relations, law,
economics, or management.
‘‘(4) COMPENSATION.—Ex officio members of the Advisory
Council who are officers or employees of the United States
shall not receive any compensation for service on the advisory
committee. The remaining members of the advisory committee
may receive, for each day (including travel time) they are
engaged in the performance of the functions of the advisory
committee, compensation at rates not to exceed the daily
equivalent to the annual rate of basic pay for level III of
the Executive Schedule under section 5314 of title 5, United
States Code.
‘‘(5) TERMS OF OFFICE.—
‘‘(A) IN GENERAL.—The term of office of a member
of the advisory committee appointed under paragraph (3)
shall be 4 years, except that any member appointed to
fill a vacancy for an unexpired term shall serve for the
remainder of such term. The Secretary shall make appointments to the advisory committee in such a manner as
to ensure that the terms of the members not all expire
in the same year. A member of the advisory committee
may serve after the expiration of such member’s term until
a successor has been appointed and taken office.
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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) TIME FOR APPOINTMENT.—If a vacancy occurs in
the advisory committee among the members appointed
under paragraph (3), the Secretary shall make an appointment to fill such vacancy within 90 days from the date
the vacancy occurs.
‘‘(d) CHAIR.—The Secretary shall select a member of the
advisory committee to serve as the Chair of the committee. The
Secretary may so select an individual from among the appointed
members. The term of office of the chair shall be 2 years.
‘‘(e) MEETINGS.—The advisory committee shall meet at the call
of the Chair or upon request of the Director, but in no event
less than 2 times during each fiscal year.
‘‘(f) EXECUTIVE SECRETARY AND STAFF.—The Director shall designate a member of the staff of the agency to serve as the executive
secretary of the advisory committee. The Director shall make available to the advisory committee such staff, information, and other
assistance as it may require to carry out its functions. The Director
shall provide orientation and training for new members of the
advisory committee to provide for their effective participation in
the functions of the advisory committee.’’.
Deadline.
Designation.
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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
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136 STAT. 5712
PUBLIC LAW 117–328—DEC. 29, 2022
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,
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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
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Updates.
Assessment.
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(b)(4)(H) and (b)(4)(I), in a manner consistent with paragraph (3), as appropriate.
‘‘(2) CLARIFICATIONS.—
‘‘(A) WAIVER AUTHORITY.—The Chair of the Committee
on Health, Education, Labor, and Pensions of the Senate
or the Chair of the Committee on Energy and Commerce
of the House of Representatives may waive the requirements of paragraph (1) for the applicable fiscal year with
respect to the applicable Committee.
‘‘(B) SCOPE OF REQUIREMENTS.—The requirements of
this subsection shall not be construed to impact the appearance of other Federal officials or the Assistant Secretary
at hearings of either Committee described in paragraph
(1) at other times and for purposes other than the times
and purposes described in paragraph (1)
‘‘(3) CLOSED HEARINGS.—Information that is not appropriate for disclosure during an open hearing under paragraph
(1) in order to protect national security may instead be discussed in a closed hearing that immediately follows such open
hearing.’’.
(d) ANNUAL REPORT ON EMERGENCY RESPONSE AND PREPAREDNESS.—Section 2801 of the Public Health Service Act (42 U.S.C.
300hh), as amended by subsection (b), is further amended by adding
at the end the following:
‘‘(d) ANNUAL REPORT ON EMERGENCY RESPONSE AND PREPAREDNESS.—The Secretary shall submit a written report each fiscal
year to the Committee on Health, Education, Labor, and Pensions
and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, containing—
‘‘(1) updated information related to an assessment of the
response to any public health emergency declared, or otherwise
in effect, during the previous fiscal year;
‘‘(2) findings related to drills and operational exercises completed in the previous fiscal year pursuant to section
2811(b)(4)(G);
‘‘(3) the state of public health preparedness and response
capabilities for chemical, biological, radiological, and nuclear
threats, including emerging infectious diseases; and
‘‘(4) any challenges in preparing for or responding to such
threats, as appropriate.’’.
(e) GAO REPORT ON INTERAGENCY AGREEMENTS AND COORDINATION.—Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall—
(1) conduct a review of previous and current interagency
agreements established between the Secretary of Health and
Human Services and the heads of other relevant Federal departments or agencies pursuant to section 2801(b) of the Public
Health Service Act (42 U.S.C. 300hh(b)), including—
(A) the specific roles and responsibilities of each Federal department or agency that is a party to any such
interagency agreement;
(B) the manner in which specific capabilities of each
such Federal department or agency may be utilized under
such interagency agreements;
(C) the frequency with which such interagency agreements have been utilized;
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(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.
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SEC. 2104. OFFICE OF PANDEMIC PREPAREDNESS AND RESPONSE
POLICY.
42 USC
300hh–3.
(a) IN GENERAL.—There is established in the Executive Office
of the President an Office of Pandemic Preparedness and Response
Policy (referred to in this section as the ‘‘Office’’), which shall
be headed by a Director (referred to in this section as the ‘‘Director’’)
appointed by the President and who shall be compensated at the
rate provided for level II of the Executive Schedule in section
5313 of title 5, United States Code. The President is authorized
to appoint not more than 2 Associate Directors, who shall be compensated at a rate not to exceed that provided for level III of
the Executive Schedule in section 5314 of such title. Associate
Directors shall perform such functions as the Director may prescribe.
(b) FUNCTIONS OF THE DIRECTOR.—The primary function of
the Director is to provide advice, within the Executive Office of
the President, on policy related to preparedness for, and response
to, pandemic and other biological threats that may impact national
security, and support strategic coordination and communication
with respect to relevant activities across the Federal Government.
In addition to such other functions and activities as the President
may assign, the Director, consistent with applicable laws and the
National Response Framework, shall—
(1) serve as the principal advisor to the President on all
matters related to pandemic preparedness and response policy
and make recommendations to the President regarding pandemic and other biological threats that may impact national
security;
(2) coordinate Federal activities to prepare for, and respond
to, pandemic and other biological threats, by—
(A) providing strategic direction to the heads of
applicable Federal departments, agencies, and offices,
including—
(i)
the
establishment,
implementation,
prioritization, and assessment of policy goals and objectives across the Executive Office of the President and
such departments, agencies, and offices;
Establishment.
Appointments.
President.
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136 STAT. 5716
PUBLIC LAW 117–328—DEC. 29, 2022
(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—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) PREPAREDNESS OUTLOOK REPORT.—
(1) IN GENERAL.—Within its first year of operation, the
Director, in consultation with the heads of relevant Federal
departments and agencies and other officials within the Executive Office of the President, shall through a report submitted
to the President and made available to the public, to the extent
practicable, identify and describe situations and conditions
which warrant special attention within the next 5 years,
involving current and emerging problems of national significance related to pandemic or other biological threats, and
opportunities for, and the barriers to, the research, development, and procurement of medical countermeasures to adequately respond to such threats.
(2) REVISIONS.—The Office shall revise the report under
paragraph (1) not less than once every 5 years and work with
relevant Federal officials to address the problems, barriers,
opportunities, and actions identified under this report through
the development of the President’s Budgets and programs.
(e) INTERDEPARTMENTAL WORKING GROUP.—The Director shall
lead an interdepartmental working group that will meet on a regular basis to evaluate national biosecurity and pandemic preparedness issues and make recommendations to the heads of applicable
Federal departments, agencies and offices. The working group shall
consist of representatives from—
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Public
information.
Establishment.
Evaluation.
Recommendations.
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Deadlines.
Appointment.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) the Office of Pandemic Preparedness and Response
Policy, to serve as the chair;
(2) the Department of Health and Human Services;
(3) the Department of Homeland Security;
(4) the Department of Defense;
(5) the Office of Management and Budget; and
(6) other Federal Departments and agencies.
(f) INDUSTRY LIAISON.—
(1) IN GENERAL.—Not later than 10 days after the initiation
of a Federal response to a pandemic or other biological threat
that may pose a risk to national security, the Director shall
appoint an Industry Liaison within the Office of Pandemic
Preparedness and Response Policy to serve until the termination of such response.
(2) ACTIVITIES.—The Industry Liaison shall—
(A) not later than 20 days after the initiation of such
response, identify affected industries and develop a plan
to regularly communicate with, and receive input from,
affected industries;
(B) work with relevant Federal departments and agencies to support information sharing and coordination with
industry stakeholders; and
(C) communicate, and support the provision of technical
assistance, as applicable, with private entities interested
in supporting such response, which may include entities
not historically involved in the public health or medical
sectors, as applicable and appropriate.
(g) ADDITIONAL FUNCTIONS OF THE DIRECTOR.—The Director,
in addition to the other duties and functions set forth in this
section—
(1) shall—
(A) serve as a member of the Domestic Policy Council
and the National Security Council;
(B) serve as a member of the Intergovernmental
Science, Engineering, and Technology Advisory Panel under
section 205(b) of the National Science and Technology
Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6614(b)) and the Federal Coordinating Council for Science,
Engineering and Technology under section 401 of such
Act (42 U.S.C. 6651);
(C) consult with State, Tribal, local, and territorial
governments, industry, academia, professional societies,
and other stakeholders, as appropriate;
(D) use for administrative purposes, on a reimbursable
basis, the available services, equipment, personnel, and
facilities of Federal, State, and local agencies; and
(E) at the President’s request, perform such other
duties and functions and enter into contracts and other
arrangements for studies, analyses, and related services
with public or private entities, as applicable and appropriate; and
(2) may hold such hearings in various parts of the United
States as necessary to determine the views of the entities
and individuals referred to in paragraph (1) and of the general
public, concerning national needs and trends in pandemic
preparedness and response.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5719
(h) STAFFING AND DETAILEES.—In carrying out functions under
this section, the Director may—
(1) appoint not more than 25 individuals to serve as
employees of the Office as necessary to carry out this section;
(2) fix the compensation of such personnel at a rate to
be determined by the Director, up to the amount of annual
compensation (excluding expenses) specified in section 102 of
title 3, United States Code;
(3) utilize the services of consultants, which may include
by obtaining services described under section 3109(b) of title
5, United States Code, at rates not to exceed the rate of basic
pay for level IV of the Executive Schedule; and
(4) direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within
the Federal Government of personnel employed by such department or agency, in order to carry out the functions of the
Office.
(i) PREPAREDNESS REVIEW AND REPORT.—The Director, in consultation with the heads of applicable Federal departments, agencies, and offices, shall—
(1) not later than 1 year after the date of enactment of
this Act, conduct a review of applicable Federal strategies,
policies, procedures, and after-action reports to identify gaps
and inefficiencies related to pandemic preparedness and
response;
(2) not later than 18 months after the date of enactment
of this Act, and every 2 years thereafter, submit to the President
and the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report describing—
(A) current and emerging pandemic and other
biological threats that pose a significant level of risk to
national security;
(B) the roles and responsibilities of the Federal Government in preparing for, and responding to, such threats;
(C) the findings of the review conducted under paragraph (1);
(D) any barriers or limitations related to addressing
such findings;
(E) current and planned activities to update Federal
strategies, policies, and procedures to address such
findings, consistent with applicable laws and the National
Response Framework;
(F) current and planned activities to support the
development of expertise within the Federal Government
pursuant to subsection (b)(3); and
(G) opportunities to improve Federal preparedness and
response capacities and capabilities through the use of
current and emerging technologies.
(j) NONDUPLICATION OF EFFORT.—The Director shall ensure
that activities carried out under this section do not unnecessarily
duplicate the efforts of other Federal departments, agencies, and
offices.
(k) CONFORMING AMENDMENTS.—
(1) Section 2811–1 of the Public Health Service Act (42
U.S.C. 300hh–10a) is amended—
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Determination.
Time period.
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PUBLIC LAW 117–328—DEC. 29, 2022
(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
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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’’;
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
42 USC
247d–3a note.
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SEC. 2112. SUPPORTING ACCESS TO MENTAL HEALTH AND SUBSTANCE
USE DISORDER SERVICES DURING PUBLIC HEALTH
EMERGENCIES.
(a) AUTHORITIES.—Section 501(d) of the Public Health Service
Act (42 U.S.C. 290aa(d)) is amended—
(1) by redesignating paragraphs (24) and (25) as paragraphs
(25) and (26), respectively; and
(2) by inserting after paragraph (23) the following:
‘‘(24) support the continued access to, or availability of,
mental health and substance use disorder services during, or
in response to, a public health emergency declared under section
319, including in consultation with, as appropriate, the Assistant Secretary for Preparedness and Response, the Director
of the Centers for Disease Control and Prevention, and the
heads of other relevant agencies, in preparing for, and
responding to, a public health emergency;’’.
(b) STRATEGIC PLAN.—Section 501(l)(4) of the Public Health
Service Act (42 U.S.C. 290aa(l)(4)) is amended—
(1) in subparagraph (E), by striking ‘‘and’’ at the end;
(2) in subparagraph (F), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following:
‘‘(G) specify a strategy to support the continued access
to, or availability of, mental health and substance use
disorder services, including to at-risk individuals (as
defined in section 2802(b)(4)), during, or in response to,
public health emergencies declared pursuant to section
319.’’.
(c) BIENNIAL REPORT CONCERNING ACTIVITIES AND PROGRESS.—
Section 501(m) of the Public Health Service Act (42 U.S.C.
290aa(m)) is amended—
(1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;
(2) by inserting after paragraph (3) the following:
‘‘(4) a description of the Administration’s activities to support the continued provision of mental health and substance
use disorder services, as applicable, in response to public health
emergencies declared pursuant to section 319;’’; and
(3) in paragraph (5), as so redesignated—
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following:
‘‘(D) relevant preparedness and response activities;’’.
(d) ADVISORY COUNCILS.—Not later than 1 year after the date
of enactment of this Act, the Assistant Secretary for Mental Health
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Recommendations.
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Examination.
PUBLIC LAW 117–328—DEC. 29, 2022
and Substance Use shall issue a report to the Committee on Health,
Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce
and the Committee on Appropriations of the House of Representatives, reflecting the feedback of the advisory councils for the Center
for Substance Abuse Treatment, the Center for Substance Abuse
Prevention, and the Center for Mental Health Services, pursuant
to section 502 of the Public Health Service Act (42 U.S.C. 290aa–
1), with recommendations to improve the continued provision of
mental health and substance use disorder services during a public
health emergency declared under section 319 of such Act (42 U.S.C.
247d), and the provision of such services as part of the public
health and medical response to such an emergency, consistent with
title XXVIII of such Act (42 U.S.C. 300hh et seq.), including related
to the capacity of the mental health and substance use disorder
workforce and flexibilities provided to awardees of mental health
and substance use disorder programs.
(e) GAO REPORT.—Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on programs and
activities of the Substance Abuse and Mental Health Services
Administration to support the provision of mental health and substance use disorder services and related activities during the
COVID–19 pandemic, including the provision of such services as
part of the medical and public health response to such pandemic.
Such report shall—
(1) examine the role played by the advisory councils
described in section 502 of the Public Health Service Act (42
U.S.C. 290aa–1) and the National Mental Health and Substance
Use Policy Laboratory established under section 501A of such
Act (42 U.S.C. 290aa–0) in providing technical assistance and
recommendations to the Substance Abuse and Mental Health
Services Administration to support the response of such agency
to the public health emergency declared under section 319
of the Public Health Service Act (42 U.S.C. 247d) with respect
to COVID–19;
(2) describe the manner in which existing awardees of
mental health and substance use disorder programs provided
and altered delivery of services during such public health emergency, including information on the populations served by such
awardees and any barriers faced in delivering services; and
(3) describe activities of the Substance Abuse and Mental
Health Services Administration to support the response to such
public health emergency, including through technical assistance, provision of services, and any flexibilities provided to
such existing awardees, and any barriers faced in implementing
such activities.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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 evidencebased 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
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136 STAT. 5724
PUBLIC LAW 117–328—DEC. 29, 2022
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)—
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PUBLIC LAW 117–328—DEC. 29, 2022
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 evidenceinformed 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:
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136 STAT. 5726
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(h) DISSEMINATION OF FINDINGS.—Not later than 1 year after
the completion of the final project under subsection (a), the Secretary shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the information contained in each report submitted pursuant to
subsection (g) and any additional actions planned by the Secretary
related to regionalized emergency care and trauma systems.’’.
(d) PROGRAM FUNDING.—Section 1232(a) of the Public Health
Service Act (42 U.S.C. 300d–32(a)) is amended by striking ‘‘2010
through 2014’’ and inserting ‘‘2023 through 2027’’.
Reports.
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SEC. 2114. ASSESSMENT OF CONTAINMENT AND MITIGATION OF INFECTIOUS DISEASES.
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Reviews.
(a) GAO STUDY.—The Comptroller General of the United States
shall conduct a study that reviews a geographically diverse sample
of States and territories that, in response to the COVID–19 pandemic, implemented preparedness and response plans that included
isolation and quarantine recommendations or requirements. Such
study shall include—
(1) a review of such State and territorial preparedness
and response plans in place during the COVID–19 pandemic,
an assessment of the extent to which such plans facilitated
or presented challenges to State and territorial responses to
such public health emergency, including response activities
relating to isolation and quarantine to prevent the spread of
COVID–19; and
(2) a description of the technical assistance provided by
the Federal Government to help States and territories facilitate
such response activities during responses to relevant public
health emergencies declared by the Secretary of Health and
Human Services pursuant to section 319 of the Public Health
Service Act, including the public health emergency with respect
to COVID–19, and a review of the degree to which such State
and territorial plans were implemented and subsequently
revised in response to the COVID–19 pandemic to address
any challenges.
(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States
shall submit a report on the study under subsection (a) to the
Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives.
42 USC 247d
note.
SEC. 2115. CONSIDERATION OF UNIQUE CHALLENGES IN NONCONTIGUOUS STATES AND TERRITORIES.
Consultations.
During any public health emergency declared under section
319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary
of Health and Human Services shall conduct quarterly meetings
or consultations, as applicable or appropriate, with noncontiguous
States and territories with regard to addressing unique public
health challenges in such States and territories associated with
such public health emergency.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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(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:
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‘‘SEC. 317V. ADDRESSING FACTORS RELATED TO IMPROVING HEALTH
OUTCOMES.
42 USC
247b–24.
‘‘(a) IN GENERAL.—The Secretary may, as appropriate, award
grants, contracts, or cooperative agreements to eligible entities for
the conduct of evidence-based or evidence-informed projects, which
may include the development of networks to improve health outcomes by improving the capacity of such entities to address factors
that contribute to negative health outcomes in communities.
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive an award
under this section, an entity shall—
‘‘(1)(A) be a State, local, or Tribal health department,
community-based organization, Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act), urban
Indian organization (as defined in section 4 of the Indian Health
Care Improvement Act), or other public or private entity, as
the Secretary determines appropriate; or
‘‘(B) be a consortia of entities described in subparagraph
(A) or a public-private partnership, including a community
partnership;
‘‘(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary shall require;
‘‘(3) in the case of an entity other than a communitybased organization, demonstrate a history of successfully
working with an established community-based organization to
address health outcomes; and
‘‘(4) submit a plan to conduct activities described in subsection (a) based on a community needs assessment that takes
into account community input.
‘‘(c) USE OF FUNDS.—An entity described in subsection (b) shall
use funds received under subsection (a), in consultation with State,
local, and Tribal health departments, community-based organizations, entities serving medically underserved communities, and
other entities, as applicable, for one or more of the following purposes:
‘‘(1) Supporting the implementation, evaluation, and
dissemination of strategies, through evidence-informed or evidence-based programs and through the support and use of
public health and health care professionals to address factors
related to health outcomes.
‘‘(2) Establishing, maintaining, or improving, in consultation with State, local, or Tribal health departments, technology
Grants.
Contracts.
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136 STAT. 5728
Grants.
Contracts.
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Extensions.
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PUBLIC LAW 117–328—DEC. 29, 2022
platforms or networks to support, in a manner that is consistent
with applicable Federal and State privacy law—
‘‘(A) coordination among appropriate entities, and, as
applicable and appropriate, activities to improve such
coordination;
‘‘(B) information sharing on health and related social
services; and
‘‘(C) technical assistance and related support for entities participating in the platforms or networks.
‘‘(3) Implementing best practices for improving health outcomes and reducing disease among underserved populations.
‘‘(4) Supporting consideration of factors related to health
outcomes in preparing for, and responding to, public health
emergencies, through outreach, education, research, and other
relevant activities.
‘‘(d) BEST PRACTICES AND TECHNICAL ASSISTANCE.—The Secretary, in consultation with the Director of the Office of Minority
Health, the National Coordinator for Health Information Technology, and the Administrator of the Administration for Community
Living, may award grants, contracts, and cooperative agreements
to public or nonprofit private entities, including minority serving
institutions (defined, for purposes of this subsection, as institutions
and programs described in section 326(e)(1) of the Higher Education
Act of 1965 and institutions described in section 371(a) of such
Act of 1965), to—
‘‘(1) identify or facilitate the development of best practices
to support improved health outcomes for underserved populations;
‘‘(2) provide technical assistance, training, and evaluation
assistance to award recipients under subsection (a);
‘‘(3) disseminate best practices, including to award recipients under subsection (a); and
‘‘(4) leverage, establish, or operate regional centers to
develop, evaluate, and disseminate effective strategies on factors related to health outcomes, including supporting research
and training related to such strategies.
‘‘(e) AWARD PERIODS.—The Secretary shall issue awards under
this section for periods of not more than 5 years and may issue
extensions of such award periods for an additional period of up
to 3 years.
‘‘(f) REPORT.—Not later than September 30, 2026, the Secretary
shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes
information on activities funded under this section. Such report
shall include a description of—
‘‘(1) changes in the capacity of public health entities to
address factors related to health outcomes in communities,
including any applicable platforms or networks developed or
utilized to coordinate health and related social services and
any changes in workforce capacity or capabilities;
‘‘(2) improvements in health outcomes and in reducing
health disparities in medically underserved communities;
‘‘(3) activities conducted to support consideration of factors
related to health outcomes in preparing for, and responding
to, public health emergencies, through outreach, education, and
other relevant activities;
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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) AUTHORIZATION OF APPROPRIATIONS.—To carry out this
section, there are authorized to be appropriated $35,000,000 for
each of fiscal years 2023 through 2027. Of the amounts appropriated
under this subsection for a fiscal year, 5 percent shall be reserved
for awards under subsection (a) to Indian Tribes and Tribal
organizations (as such terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act), urban Indian
organizations (as defined in section 4 of the Indian Health Care
Improvement Act), and Tribal health departments.’’; and
(2) by striking section 330D (42 U.S.C. 254c–4).
(b) GAO STUDY AND REPORT.—Not later than 4 years after
the date of enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Energy and
Committee on Energy and Commerce of the House of Representatives a report on the program authorized under section 317V of
the Public Health Service Act, as added by subsection (a), including
a review of the outcomes and effectiveness of the program and
coordination with other programs in the Department of Health
and Human Services with similar goals to ensure that there was
no unnecessary duplication of efforts.
Time periods.
Review.
CHAPTER 2—IMPROVING STATE, LOCAL, AND TRIBAL
PUBLIC HEALTH DATA
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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
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136 STAT. 5730
PUBLIC LAW 117–328—DEC. 29, 2022
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
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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Time periods.
PUBLIC LAW 117–328—DEC. 29, 2022
emergency, and improve coordination and collaboration
with State, local, and Tribal public health officials,
clinical laboratories, and other entities with expertise
in public health surveillance.’’; and
(E) by adding at the end the following:
‘‘(9) RULES OF CONSTRUCTION.—
‘‘(A) Nothing in this subsection shall be construed to
supplant, in whole or in part, State, local, or Tribal activities or responsibilities related to public health surveillance.
‘‘(B) Nothing in this subsection shall be construed to
alter the authority of the Secretary with respect to the
types of data the Secretary may receive through systems
supported or established under this section.’’;
(4) in subsection (d)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by inserting ‘‘deidentified’’ before ‘‘data,
information’’; and
(II) by inserting ‘‘, in consultation with such
State or consortium of States’’ before the semicolon;
(ii) in subparagraph (C), by inserting ‘‘, including
any public-private partnerships or other partnerships
entered into to improve such capacity’’ before the semicolon; and
(B) by adding at the end the following:
‘‘(6) NON-DUPLICATION OF EFFORT.—The Secretary shall
ensure that activities carried out under an award under this
subsection do not unnecessarily duplicate efforts of other agencies and offices within the Department of Health and Human
Services.’’;
(5) by striking subsection (e);
(6) by redesignating subsections (f), (g), (h), (i), and (j),
as subsections (e), (f), (g), (h), and (i), respectively;
(7) by striking subsection (h), as redesignated by paragraph
(6), and inserting the following:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated—
‘‘(1) to carry out subsection (a), $25,000,000 for each of
fiscal years 2022 and 2023; and
‘‘(2) to carry out subsections (b), (c), and (d), $136,800,000
for each of fiscal years 2022 and 2023.’’; and
(8) by striking ‘‘tribal’’ each place it appears and inserting
‘‘Tribal’’.
SEC. 2212. GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH
SURVEILLANCE OF PATHOGENS.
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(a) GUIDANCE SUPPORTING GENOMIC SEQUENCING OF PATHOCOLLABORATION.—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
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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:
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‘‘SEC. 2824. GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH
SURVEILLANCE OF PATHOGENS PROGRAM.
‘‘(a) GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH
SURVEILLANCE OF PATHOGENS PROGRAM.—The Secretary, acting
through the Director of the Centers for Disease Control and Prevention and in consultation with the Director of the National Institutes
of Health and heads of other departments and agencies, as appropriate, shall strengthen and expand activities related to genomic
sequencing of pathogens, including through new and innovative
approaches and technology for the detection, characterization, and
sequencing of pathogens, analytics, and public health surveillance,
including—
‘‘(1) continuing and expanding activities, which may include
existing genomic sequencing activities related to advanced
molecular detection, to—
‘‘(A) identify and respond to emerging infectious disease
threats; and
‘‘(B) identify the potential use of genomic sequencing
technologies, advanced computing, and other advanced
technology to inform surveillance activities and incorporate
the use of such technologies, as appropriate, into related
activities;
‘‘(2) providing technical assistance and guidance to State,
Tribal, local, and territorial public health departments to
increase the capacity of such departments to perform genomic
sequencing of pathogens, including recipients of funding under
section 2821;
‘‘(3) carrying out activities to enhance the capabilities of
the public health workforce with respect to pathogen genomics,
epidemiology, and bioinformatics, including through training;
and
‘‘(4) continuing and expanding activities, as applicable, with
public and private entities, including relevant departments and
agencies, laboratories, academic institutions, and industry.
‘‘(b) PARTNERSHIPS.—For the purposes of carrying out the activities described in subsection (a), the Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
award grants, contracts, or cooperative agreements to entities,
including academic and other laboratories, with expertise in
genomic sequencing for public health purposes, including new and
innovative approaches to, and related technology for, the detection,
characterization, and sequencing of pathogens.
‘‘(c) CENTERS OF EXCELLENCE.—
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Grants.
Contracts.
42 USC
300hh–34.
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136 STAT. 5734
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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.
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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
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(including input and recommendations gathered from
the Health Information Technology Advisory Committee), and materials developed, prior to the date
of enactment of the PREVENT Pandemics Act.
‘‘(ii) DESIGNATION OF STANDARDS.—Consistent with
sections 13111 and 13112 of the HITECH Act, the
data and technology standards designated pursuant
to this paragraph shall align with the standards and
implementation specifications previously adopted by
the Secretary pursuant to section 3004, as applicable.
‘‘(C) PRIVACY AND SECURITY.—Nothing in this paragraph shall be construed as modifying applicable Federal
or State information privacy or security law.’’.
(b) STUDY ON LABORATORY INFORMATION STANDARDS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Office of the National Coordinator
for Health Information Technology shall conduct a study to
review the use of standards for electronic ordering and reporting
of laboratory test results.
(2) AREAS OF CONCENTRATION.—In conducting the study
under paragraph (1), the Office of the National Coordinator
for Health Information Technology shall—
(A) determine the extent to which clinical laboratories
are using standards for electronic ordering and reporting
of laboratory test results;
(B) assess trends in laboratory compliance with standards for ordering and reporting laboratory test results and
the effect of such trends on the interoperability of laboratory data with public health data systems;
(C) identify challenges related to collection and
reporting of demographic and other data elements with
respect to laboratory test results;
(D) identify any challenges associated with using or
complying with standards and reporting laboratory test
results with data elements identified in standards for electronic ordering and reporting of such results; and
(E) review other relevant areas determined appropriate
by the Office of the National Coordinator for Health
Information Technology.
(3) REPORT.—Not later than 2 years after the date of enactment of this Act, the Office of the National Coordinator for
Health Information Technology shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a report concerning the findings of the study conducted under paragraph (1).
(c) DATA USE AGREEMENTS.—
(1) INTERAGENCY DATA USE AGREEMENTS WITHIN THE
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DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR PUBLIC
HEALTH EMERGENCIES.—
(A) IN GENERAL.—The Secretary of Health and Human
Reviews.
Deadline.
Determination.
Assessment.
Updates.
Memorandums.
42 USC
300hh note.
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
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136 STAT. 5736
PUBLIC LAW 117–328—DEC. 29, 2022
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:
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136 STAT. 5737
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‘‘SEC. 310B. IMPROVING STATE, LOCAL, AND TRIBAL INFORMATION
SHARING.
‘‘(a) IN GENERAL.—The Secretary may, in consultation with
State, local, and Tribal public health officials, carry out activities
to improve the availability of appropriate and applicable public
health data related to communicable diseases, and information
sharing between, the Director of the Centers for Disease Control
and Prevention, the Assistant Secretary for Preparedness and
Response, and such State, local, and Tribal public health officials,
which may include such data from—
‘‘(1) health care providers and facilities;
‘‘(2) public health and clinical laboratories;
‘‘(3) health information exchanges and health information
networks; and
‘‘(4) State, local, and Tribal health departments.
‘‘(b) CONTENT, FORM, AND MANNER.—The Secretary shall, consistent with the requirements of this section, work with such officials and relevant stakeholders to provide information on the content, form, and manner in which such data, deidentified as
applicable, may most effectively support the ability of State, local,
and Tribal health departments to respond to such communicable
diseases, including related to the collection and reporting of demographic and other relevant data elements. Such form and manner
requirements shall align with the standards and implementation
specifications adopted by the Secretary under section 3004, as
applicable.
‘‘(c) DECREASED BURDEN.—In facilitating the coordination of
efforts under subsection (a), the Secretary shall make reasonable
efforts to limit reported public health data to the minimum necessary information needed to accomplish the intended public health
purpose.
‘‘(d) EXEMPTION OF CERTAIN PUBLIC HEALTH DATA FROM
DISCLOSURE.—The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, may exempt from
disclosure under section 552(b)(3) of title 5, United States Code,
public health data that are gathered under this section if—
‘‘(1) an individual is identified through such data; or
‘‘(2) there is at least a very small risk, as determined
by current scientific practices or statistical methods, that some
combination of the information, the request, and other available
data sources or the application of technology could be used
to deduce the identity of an individual.’’.
(e) IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH
DATA.—
(1) IN GENERAL.—The Secretary of Health and Human
Services (referred to in this section as the ‘‘Secretary’’) shall
award grants, contracts, or cooperative agreements to eligible
entities for purposes of identifying, developing, or disseminating
best practices in electronic health information and the use
of designated data standards and implementation specifications,
including privacy standards, to improve the quality and
completeness of data, including demographic data used for
public health purposes.
(2) ELIGIBLE ENTITIES.—To be eligible to receive an award
under this subsection an entity shall—
(A) be a health care provider, academic medical center,
community-based organization, State, local governmental
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42 USC
300hh–33 note.
Grants.
Contracts.
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Recommendations.
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entity, Indian Tribe or Tribal organization (as such terms
are defined in section 4 of the Indian Self Determination
and Education Assistance Act (25 U.S.C. 5304)), urban
Indian organization (as defined in section 4 of the Indian
Health Care Improvement Act (25 U.S.C. 1603)), or other
appropriate public or private nonprofit entity, or a consortia
of any such entities; and
(B) submit an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may require.
(3) ACTIVITIES.—Entities receiving awards under this subsection shall use such award to develop and test best practices
for training health care providers to use standards and
implementation specifications that assist in the capture, access,
exchange, and use of electronic health information, deidentified
as applicable, such as demographic information, disability
status, veteran status, and functional status. Such activities
shall include, at a minimum—
(A) improving, understanding, and using data standards and implementation specifications;
(B) developing or identifying methods to improve
communication with patients in a culturally- and linguistically-appropriate manner, including to better capture
information related to demographics of such individuals;
(C) developing methods for accurately categorizing and
recording patient responses using available data standards;
(D) educating providers regarding the utility of such
information for public health purposes and the importance
of accurate collection and recording of such data; and
(E) providing information regarding how data will be
deidentified if used for such public health purposes, as
applicable and appropriate.
(4) REPORTING.—
(A) REPORTING BY AWARD RECIPIENTS.—Each recipient
of an award under this subsection shall submit to the
Secretary a report on the results of best practices identified,
developed, or disseminated through such award.
(B) REPORT TO CONGRESS.—Not later than 1 year after
the completion of the program under this subsection, the
Secretary shall submit a report to Congress on the success
of best practices developed under such program, opportunities for further dissemination of such best practices, and
recommendations for improving the capture, access,
exchange, and use of information to improve public health
and reduce health disparities.
(5) NON-DUPLICATION OF EFFORTS.—The Secretary shall
ensure that the activities and programs carried out under this
subsection are free of unnecessary duplication of effort.
(f) RULES OF CONSTRUCTION.—Nothing in this section shall
be construed to—
(1) supplant, in whole or in part, State, local, or Tribal
activities or responsibilities related to public health surveillance, as applicable;
(2) alter the authority of the Secretary with respect to
the types of data the Secretary may receive through systems
supported or established in this section or other laws; or
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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. EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.
‘‘(a) IN GENERAL.—The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall continue
activities related to the development of infectious disease outbreak
analysis capabilities to enhance the prediction, modeling, and forecasting of potential public health emergencies and other infectious
disease outbreaks, which may include activities to support preparedness for, and response to, such emergencies and outbreaks. In
carrying out this subsection, the Secretary shall identify strategies
to include and leverage, as appropriate, the capabilities to public
and private entities, which may include conducting such activities
through collaborative partnerships with public and private entities,
including academic institutions, and other Federal agencies, consistent with section 319D, as applicable.
‘‘(b) CONSIDERATIONS.—In carrying out subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may consider public health data and, as appropriate, other data sources related to preparedness for, or response
to, public health emergencies and infectious disease outbreaks.
‘‘(c) ANNUAL REPORTS.—Not later than 1 year after the date
of enactment of this section, and annually thereafter for each of
the subsequent 4 years, the Secretary shall prepare and submit
a report, to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives, regarding an update on progress
on activities conducted under this section to develop infectious
disease outbreak analysis capabilities and any additional information relevant to such efforts.’’.
42 USC
300hh–35.
Time period.
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SEC. 2215. PUBLIC HEALTH DATA TRANSPARENCY.
(a) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services shall
issue a report assessing practices, objectives, and associated
progress and challenges in achieving such objectives, of the Centers
of Disease Control and Prevention with respect to the collection
and dissemination of public health data related to a public health
emergency declared under section 319 of the Public Health Service
Act (42 U.S.C. 247d) or a potential public health emergency.
(b) PLAN.—Not later than 180 days following the issuance of
the report pursuant to paragraph (1), the Director of the Centers
for Disease Control and Prevention shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives a plan that shall include—
(1) steps to improve the timely reporting and dissemination
of deidentified public health data related to a public health
emergency declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d) or a potential public health emergency that is collected by the Centers for Disease Control
and Prevention, including any associated barriers;
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PUBLIC LAW 117–328—DEC. 29, 2022
(2) recommendations to Congress regarding gaps in such
practices and objectives described in subsection (a); and
(3) considerations regarding the requirements and limitations of data use agreements for such purposes, as applicable,
and any efforts undertaken to address those requirements and
limitations.
Recommendations.
SEC.
List.
Analysis.
Recommendations.
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2216.
GAO REPORT ON PUBLIC HEALTH PREPAREDNESS,
RESPONSE, AND RECOVERY DATA CAPABILITIES.
(a) STUDY.—The Comptroller General of the United States
(referred to in this section as the ‘‘Comptroller General’’) shall
conduct a study on the efforts of the Department of Health and
Human Services to ensure that public health preparedness,
response, and recovery data capabilities related to pandemic and
other biological threats are not unnecessarily duplicative, overlapping, or fragmented. Such study shall include—
(1) a comprehensive list of all public health preparedness,
response, and recovery data collection, such as incidence and
prevalence of disease tracking, hospitalizations, critical care
capacity, and testing programs, at the Department of Health
and Human Services, as identified by the department and
its component agencies;
(2) an analysis of any duplication, overlap, or fragmentation
of the programs identified in paragraph (1);
(3) identification of any efforts of the Department of Health
and Human Services to reduce unnecessary duplication and
improve coordination, efficiency, and effectiveness of such programs and any associated challenges;
(4) any practices that threaten individual privacy and recommendations to improve the protection of individual, identifiable data; and
(5) a description of the funding and other resources dedicated to the operation of each such program identified in paragraph (1).
(b) REPORTING.—
(1) IN GENERAL.—Based on the study conducted under subsection (a), the Comptroller General shall—
(A) not later than 6 months after the date of enactment
of this Act, provide a briefing to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives; and
(B) not later than 18 months after the date of enactment of this Act, submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives a complete report on such study.
(2) RECOMMENDATIONS.—The report under paragraph (1)(B)
shall include recommendations, as appropriate, with respect
to public health preparedness, response, and recovery data
programs at the Department of Health and Human Services,
to—
(A) streamline data collection and reduce fragmentation and address any associated challenges;
(B) reduce duplication in such programs; and
(C) improve information-sharing across programs.
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136 STAT. 5741
CHAPTER 3—REVITALIZING THE PUBLIC HEALTH
WORKFORCE
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SEC. 2221. IMPROVING RECRUITMENT AND RETENTION OF THE FRONTLINE PUBLIC HEALTH WORKFORCE.
(a) IN GENERAL.—Section 776 of the Public Health Service
Act (42 U.S.C. 295f–1) is amended—
(1) in subsection (a)—
(A) by striking ‘‘supply of’’ and inserting ‘‘supply of,
and encourage recruitment and retention of,’’; and
(B) by striking ‘‘Federal,’’;
(2) in subsection (b)—
(A) by amending paragraph (1)(A) to read as follows:
‘‘(1)(A)(i) be accepted for enrollment, or be enrolled, as
a student in an accredited institution of higher education or
school of public health in the final semester (or equivalent)
of a program leading to a certificate or degree, including a
master’s or doctoral degree, in public health, epidemiology,
laboratory sciences, data systems, data science, data analytics,
informatics, statistics, or another subject matter related to
public health; and
‘‘(ii) be employed by, or have accepted employment with,
a State, local, or Tribal public health agency, or a related
training fellowship at such State, local, or Tribal public health
agency, as recognized by the Secretary, to commence upon
graduation; or’’; and
(B) in paragraph (1)(B)—
(i) in clause (i)—
(I) by striking ‘‘accredited educational institution in a State or territory’’ and inserting ‘‘accredited institution of higher education or school of
public health’’; and
(II) by striking ‘‘a public health or health
professions degree or certificate’’ and inserting ‘‘a
certificate or degree, including a master’s or doctoral degree, in public health, epidemiology, laboratory sciences, data systems, data science, data analytics, informatics, statistics, or another subject
matter related to public health’’; and
(ii) in clause (ii)—
(I) by striking ‘‘Federal,’’; and
(II) by striking ‘‘fellowship,’’ and inserting
‘‘fellowship at such State, local, or Tribal public
health agency,’’;
(3) in subsection (c)(2)—
(A) by striking ‘‘Federal,’’; and
(B) by striking ‘‘equal to the greater of—’’ and all
that follows through the end of subparagraph (B) and
inserting ‘‘of at least 3 consecutive years;’’;
(4) in subsection (d)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—A loan repayment provided for an individual under a written contract under the Program shall consist
of payment, in accordance with paragraph (2), for the individual
toward the outstanding principal and interest on education
loans incurred by the individual in the pursuit of the relevant
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Loans.
Waiver authority.
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degree or certificate described in subsection (b)(1) in accordance
with the terms of the contract.’’; and
(B) in paragraph (2)—
(i) by striking ‘‘For each year’’ and inserting the
following:
‘‘(A) IN GENERAL.—For each year’’;
(ii) by striking ‘‘$35,000’’ and inserting ‘‘$50,000’’;
(iii) by striking ‘‘$105,000’’ and inserting
‘‘$150,000’’; and
(iv) by adding at the end the following:
‘‘(B) CONSIDERATIONS.—The Secretary may take action
in making awards under this section to ensure that—
‘‘(i) an appropriate proportion of contracts are
awarded to individuals who are eligible to participate
in the program pursuant to subsection (b)(1)(A); and
‘‘(ii) contracts awarded under this section are equitably distributed among—
‘‘(I) the geographical regions of the United
States;
‘‘(II) local, State, and Tribal public health
departments; and
‘‘(III) such public health departments under
subclause (II) serving rural and urban areas.’’;
(5) in subsection (e), by striking ‘‘receiving a degree or
certificate from a health professions or other related school’’
and inserting ‘‘with a contract to serve under subsection (c)’’;
(6) in subsection (f), by adding at the end the following:
‘‘In the event that a participant fails to either begin or complete
the obligated service requirement of the loan repayment contract under this section, the Secretary may waive or suspend
either the unfulfilled service or the assessed damages as provided for under section 338E(d), as appropriate.’’;
(7) by redesignating subsection (g) as subsection (i);
(8) by inserting after subsection (f) the following:
‘‘(g) ELIGIBLE LOANS.—The loans eligible for repayment under
this section are each of the following:
‘‘(1) Any loan for education or training for employment
by a health department.
‘‘(2) Any loan under part E of title VIII (relating to nursing
student loans).
‘‘(3) Any Federal Direct Stafford Loan, Federal Direct PLUS
Loan, Federal Direct Unsubsidized Stafford Loan, or Federal
Direct Consolidation Loan (as such terms are used in section
455 of the Higher Education Act of 1965).
‘‘(4) Any Federal Perkins Loan under part E of title I
of the Higher Education Act of 1965.
‘‘(5) Any other Federal loan, as the Secretary determines
appropriate.
‘‘(h) PILOT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall, as appropriate,
establish a pilot program, to be known as the Bio-Preparedness
Workforce Pilot Program, to provide for loan repayment for
health professionals with expertise in infectious diseases and
emergency preparedness and response activities to ensure an
adequate supply of such professionals. Such program shall be
administered consistent with the requirements of this section,
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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) have graduated, during the preceding 10-year
period, from an accredited institution of higher education
with a health professions degree or certificate program
relevant to such program; and
‘‘(B) be employed by, or have accepted employment
with—
‘‘(i) a Federal health care facility;
‘‘(ii) a nonprofit health care facility that is located
in a health professional shortage area (as defined in
section 332), a frontier health professional shortage
area (as defined in section 799B), or a medically underserved community (as defined in section 799B);
‘‘(iii) an entity receiving assistance under title
XXVI for the provision of clinical services;
‘‘(iv) a health program, or a facility, operated by
an Indian Tribe or Tribal organization (as those terms
are defined in section 4 of the Indian Self-Determination and Education Assistance Act) or by an urban
Indian organization (as defined in section 4 of the
Indian Health Care Improvement Act); or
‘‘(v) another relevant entity determined appropriate by the Secretary, as a health professional with
expertise in infectious diseases or emergency preparedness and response.
‘‘(2) NON-DUPLICATION OF EFFORT.—The Secretary shall
ensure that the pilot program established under paragraph
(1) does not unnecessarily duplicate the National Health Service
Corps Loan Repayment Program, or any other loan repayment
program operated by the Department of Health and Human
Services.
‘‘(3) EVALUATION AND REPORT TO CONGRESS.—
‘‘(A) IN GENERAL.—The Secretary shall evaluate the
pilot program at the conclusion of the first cycle of recipients funded by the pilot program.
‘‘(B) REPORT.—
‘‘(i) IN GENERAL.—The Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
on the evaluation under subparagraph (A). The report
shall include, at a minimum, outcomes information
from the pilot program, including any impact on
recruitment and retention of health professionals with
expertise in infectious diseases and emergency
preparedness and response activities.
‘‘(ii) RECOMMENDATION.—The report under this
subparagraph shall include a recommendation by the
Secretary as to whether the pilot program under this
subsection should be extended.’’;
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Reports.
PUBLIC LAW 117–328—DEC. 29, 2022
(9) in subsection (i), as so redesignated, by striking
‘‘$195,000,000 for fiscal year 2010, and such sums as may
be necessary for each of fiscal years 2011 through 2015’’ and
inserting ‘‘$100,000,000 for each of fiscal years 2023 through
2025’’; and
(10) by striking ‘‘tribal’’ each place such term appears and
inserting ‘‘Tribal’’.
(b) GAO STUDY ON PUBLIC HEALTH WORKFORCE.—Not later
than 2 years after the date of enactment of this Act, the Comptroller
General of the United States shall—
(1) conduct an evaluation of what is known about the
public health workforce in the United States, which shall
address—
(A) existing gaps in the Federal, State, local, Tribal,
and territorial public health workforce, including positions
that may be required to prepare for, and respond to, a
public health emergency such as COVID–19;
(B) challenges associated with the hiring, recruitment,
and retention of the Federal, State, local, Tribal, and territorial public health workforce; and
(C) Federal efforts to improve hiring, recruitment, and
retention of the public health workforce; and
(2) submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on
such review.
SEC. 2222. AWARDS TO SUPPORT COMMUNITY HEALTH WORKERS AND
COMMUNITY HEALTH.
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Contracts.
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(a) IN GENERAL.—Section 399V of the Public Health Service
Act (42 U.S.C. 280g–11) is amended—
(1) by amending the section heading to read as follows:
‘‘AWARDS TO SUPPORT COMMUNITY HEALTH WORKERS AND
COMMUNITY HEALTH’’;
(2) by amending subsection (a) to read as follows:
‘‘(a) IN GENERAL.—The Secretary shall award grants, contracts,
or cooperative agreements to eligible entities to promote positive
health behaviors and outcomes for populations in medically underserved communities by leveraging community health workers,
including by addressing ongoing and longer-term community health
needs, and by building the capacity of the community health worker
workforce. Such grants, contracts, and cooperative agreements shall
be awarded in alignment and coordination with existing funding
arrangements supporting community health workers.’’;
(3) in subsection (b)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘Grants awarded’’ and inserting
‘‘Subject to any requirements for the scope of licensure,
registration, or certification of a community health
worker under applicable State law, grants, contracts,
and cooperative agreements awarded’’; and
(ii) by striking ‘‘support community health
workers’’;
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by striking paragraphs (1) and (2) and inserting
the following:
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‘‘(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;
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Plan.
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‘‘(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 lowincome populations;’’;
(C) in paragraph (2), by striking ‘‘; and’’ and inserting
‘‘, including rural populations and racial and ethnic
minority populations;’’;
(D) in paragraph (3), by striking ‘‘with community
health workers.’’ and inserting ‘‘and established relationships with community health workers in the communities
expected to be served by the program;’’ and
(E) by adding at the end the following:
‘‘(4) develop a plan for providing services to the extent
practicable, in the language and cultural context most appropriate to individuals expected to be served by the program;
and
‘‘(5) propose to use evidence-informed or evidence-based
practices, as applicable and appropriate.’’;
(6) in subsection (e)—
(A) by striking ‘‘community health worker programs’’
and inserting ‘‘eligible entities’’; and
(B) by striking ‘‘and one-stop delivery systems under
section 121(e)’’ and inserting ‘‘, health professions schools,
minority-serving institutions (defined, for purposes of this
subsection, as institutions and programs described in section 326(e)(1) of the Higher Education Act of 1965 and
institutions described in section 371(a) of such Act), area
health education centers under section 751 of this Act,
and one-stop delivery systems under section 121’’;
(7) by striking subsections (f), (g), (h), (i), and (j) and
inserting the following:
‘‘(f) TECHNICAL ASSISTANCE.—The Secretary may provide to
eligible entities that receive awards under subsection (a) technical
assistance with respect to planning, development, and operation
of community health worker programs authorized or supported
under this section.
‘‘(g) DISSEMINATION OF BEST PRACTICES.—Not later than 4 years
after the date of enactment of the PREVENT Pandemics Act, the
Secretary shall, based on activities carried out under this section
and in consultation with relevant stakeholders, identify and
disseminate evidence-based or evidence-informed practices
regarding recruitment and retention of community health workers
and paraprofessionals to address ongoing public health and community health needs, and to prepare for, and respond to, future public
health emergencies.
‘‘(h) REPORT TO CONGRESS.—Not later than 4 years after the
date of enactment of the PREVENT Pandemics Act, the Secretary
shall submit to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate and
the Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives a report concerning
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the effectiveness of the program under this section in addressing
ongoing public health and community health needs. Such report
shall include recommendations regarding any improvements to such
program, including recommendations for how to improve recruitment, training, and retention of the community health workforce.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For purposes of carrying out this section, there are authorized to be appropriated
$50,000,000 for each of fiscal years 2023 through 2027.’’;
(8) by redesignating subsection (k) as subsection (j); and
(9) in subsection (j), as so redesignated—
(A) by striking paragraphs (1), (2), and (4);
(B) by redesignating paragraph (3) as paragraph (1);
(C) in paragraph (1), as so redesignated—
(i) by striking ‘‘entity (including a State or public
subdivision of a State’’ and inserting ‘‘entity, including
a State or political subdivision of a State, an Indian
Tribe or Tribal organization, an urban Indian organization, a community-based organization’’; and
(ii) by striking ‘‘as defined in section 1861(aa) of
the Social Security Act))’’ and inserting ‘‘(as defined
in section 1861(aa)(4) of the Social Security Act)’’; and
(D) by adding at the end the following:
‘‘(2) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms
‘Indian Tribe’ and ‘Tribal organization’ have the meanings given
the terms ‘Indian tribe’ and ‘tribal organization’, respectively,
in section 4 of the Indian Self-Determination and Education
Assistance Act.
‘‘(3) URBAN INDIAN ORGANIZATION.—The term ‘urban Indian
organization’ has the meaning given such term in section 4
of the Indian Health Care Improvement Act.’’.
(b) GAO STUDY AND REPORT.—Not later than 1 year after
the date of submission of the report under subsection (h) of section
399V of the Public Health Service Act (42 U.S.C. 280g–11), as
amended by subsection (a), the Comptroller General of the United
States shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the program
authorized under such section 399V, including a review of the
efforts of the Secretary of Health and Human Services to coordinate
such program with applicable programs of the Health Resources
and Services Administration to ensure there is no unnecessary
duplication of efforts among such programs, and identification of
any areas of duplication.
Recommendations.
Time period.
Definitions.
Review.
SEC. 2223. IMPROVING PUBLIC HEALTH EMERGENCY RESPONSE
CAPACITY.
(a) CERTAIN APPOINTMENTS TO SUPPORT PUBLIC HEALTH EMERRESPONSES.—Section 319 of the Public Health Service Act
(42 U.S.C. 247d) is amended by adding at the end the following:
‘‘(g) CERTAIN APPOINTMENTS TO SUPPORT PUBLIC HEALTH EMERGENCY RESPONSES.—
‘‘(1) IN GENERAL.—In order to support the initial response
to a public health emergency declared by the Secretary under
this section, the Secretary may, subject to paragraph (2) and
without regard to sections 3309 through 3318 of title 5, United
States Code, appoint individuals directly to positions in the
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Public
information.
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Determination.
Records.
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Time period.
Deadline.
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Department of Health and Human Services for which the Secretary has provided public notice in order to—
‘‘(A) address a critical hiring need directly related to
responding to a public health emergency declared by the
Secretary under this section; or
‘‘(B) address a severe shortage of candidates that
impacts the operational capacity of the Department of
Health and Human Services to respond in the event of
a public health emergency declared by the Secretary under
this section.
‘‘(2) NUMBER OF APPOINTMENTS.—Each fiscal year in which
the Secretary makes a determination of a public health emergency under subsection (a) (not including a renewal), the Secretary may directly appoint not more than—
‘‘(A) 400 individuals under paragraph (1)(A); and
‘‘(B) 100 individuals under paragraph (1)(B).
‘‘(3) COMPENSATION.—The annual rate of basic pay of an
individual appointed under this subsection shall be determined
in accordance with chapter 51 and subchapter III of chapter
53 of title 5, United States Code.
‘‘(4) REPORTING.—The Secretary shall establish and maintain records regarding the use of the authority under this
subsection, including—
‘‘(A) the number of positions filled through such
authority;
‘‘(B) the types of appointments of such positions;
‘‘(C) the titles, occupational series, and grades of such
positions;
‘‘(D) the number of positions publicly noticed to be
filled under such authority;
‘‘(E) the number of qualified applicants who apply for
such positions;
‘‘(F) the qualification criteria for such positions; and
‘‘(G) the demographic information of individuals
appointed to such positions.
‘‘(5) NOTIFICATION TO CONGRESS.—In the event the Secretary, within a single fiscal year, directly appoints more than
50 percent of the individuals allowable under either subparagraph (A) or (B) of paragraph (2), the Secretary shall, not
later than 15 days after the date of such action, notify the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the
House of Representatives. Such notification shall, in a manner
that protects personal privacy, to the extent required by
applicable Federal and State privacy law, at a minimum,
include—
‘‘(A) information on each such appointment within such
fiscal year;
‘‘(B) a description of how each such position relates
to the requirements of subparagraph (A) or (B) of paragraph
(1); and
‘‘(C) the additional number of personnel, if any, the
Secretary anticipates to be necessary to adequately support
a response to a public health emergency declared under
this section using the authorities described in paragraph
(1) within such fiscal year.
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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) 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.
Recommendations.
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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.’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 2225. PUBLIC HEALTH SERVICE CORPS ANNUAL AND SICK LEAVE.
Time period.
42 USC
210–1 note.
(a) IN GENERAL.—Section 219 of the Public Health Service
Act (42 U.S.C. 210–1) is amended—
(1) in subsection (a)—
(A) by striking ‘‘Reserve Corps’’ and inserting ‘‘Ready
Reserve Corps’’; and
(B) by striking ‘‘: Provided, That such regulations shall
not authorize annual leave to be accumulated in excess
of sixty days’’;
(2) by inserting after subsection (a) the following:
‘‘(b) The regulations described in subsection (a) may authorize
accumulated annual leave of not more than 120 days for any
commissioned officer of the Regular Corps or officer of the Ready
Reserve Corps on active duty.’’; and
(3) by redesignating subsection (d) as subsection (c).
(b) APPLICATION.—The amendments made by subsection (a)
shall apply with respect to accumulated annual leave (as defined
in section 219 of the Public Health Service Act (42 U.S.C. 210–
1)) that a commissioned officer of the Regular Corps or officer
of the Ready Reserve Corps on active duty would, but for the
regulations described in such section, lose at the end of fiscal
year 2022 or a subsequent fiscal year.
SEC. 2226. LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND
MEDICAL PREPAREDNESS AND RESPONSE POSITIONS AT
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
Title XXVIII of the Public Health Service Act (42 U.S.C. 300hh
et seq.), as amended by section 2214, is further amended by adding
at the end the following:
42 USC
300hh–36.
‘‘SEC. 2826. LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND
MEDICAL PREPAREDNESS AND RESPONSE POSITIONS AT
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
Deadline.
‘‘(a) IN GENERAL.—The Secretary may, not later than 1 year
after the date of enactment of the PREVENT Pandemics Act, establish a voluntary program to provide additional training to individuals in eligible positions, as described in subsection (c), to support
the continuous professional development of such individuals.
‘‘(b) CRITERIA.—
‘‘(1) DURATION.—The program under subsection (a) shall
provide for fellowships, details, or other relevant placements
with Federal agencies or departments, or State or local health
departments, pursuant to the guidance issued under paragraph
(2), for a maximum period of 2 years.
‘‘(2) GUIDANCE.—The Secretary shall issue guidance establishing criteria for identifying placements that demonstrate
ongoing sufficient mastery of knowledge, skills, and abilities
to satisfy the field experience criteria under the program established under subsection (a), including assignments and experiences that develop public health and medical preparedness
and response expertise.
‘‘(c) ELIGIBLE POSITION.—For purposes of subsection (a), the
term ‘eligible position’ means any position at the Department of
Health and Human Services at or above grade GS–13 of the General
Schedule, or the equivalent, for which not less than 50 percent
of the time of such position is spent on activities related to public
health preparedness or response.
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‘‘(d) PILOT PERIOD AND FINAL REPORT.—The pilot program
authorized under this section shall not exceed 5 years. Not later
than 90 days after the end of the program, the Secretary shall
issue a report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives that includes—
‘‘(1) the number of individuals who participated in such
pilot, as applicable;
‘‘(2) a description of the professional growth experience
in which individuals participated; and
‘‘(3) an assessment of the outcomes of such program,
including a recommendation on whether such program should
be continued.’’.
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SEC.
2227.
CONTINUING EDUCATIONAL SUPPORT FOR HEALTH
PROFESSIONALS SERVING IN RURAL AND UNDERSERVED
COMMUNITIES.
Section 752 of the Public Health Service Act (42 U.S.C. 294b)
is amended—
(1) in the section heading, by inserting ‘‘RURAL AND’’ after
‘‘SERVING IN’’;
(2) in subsection (a)—
(A) by striking ‘‘shall make grants to, and enter into
contracts with, eligible entities’’ and inserting ‘‘, as appropriate, shall make grants to, and enter into contracts with,
eligible entities to support access to accredited continuing
medical education for primary care physicians and health
care providers at community health centers or rural health
clinics to improve and increase access to care for patients
in rural and medically underserved areas. Such grants
or contracts may be used’’;
(B) by striking ‘‘faculty members’’ and inserting ‘‘health
care providers’’; and
(C) by inserting ‘‘increase primary care physician and
health care provider knowledge,’’ after ‘‘practice environment,’’;
(3) in subsection (b), by inserting ‘‘, such as a community
health center or rural health clinic’’ before the period;
(4) in subsection (c), by striking ‘‘by require.’’ and inserting
the following: ‘‘may require, including—
‘‘(1) a description of how participation in activities funded
under this section will help improve access to, and quality
of, health care services and training needs of primary care
physicians and health care providers; and
‘‘(2) a plan for providing peer-to-peer training, as appropriate.’’;
(5) by amending subsection (d) to read as follows:
‘‘(d) USE OF FUNDS.—
‘‘(1) IN GENERAL.—An eligible entity shall use amounts
awarded under a grant or contract under this section to provide
innovative supportive activities to enhance education for primary care physicians and health care providers described in
subsection (a) through distance learning, continuing educational
activities, collaborative conferences, and electronic and telelearning activities, with priority for primary care providers
who are seeking additional education in specialty fields such
as infectious disease, endocrinology, pediatrics, mental health
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Assessment.
Recommendations.
Grants.
Contracts.
Plan.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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Contracts.
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(a) IN GENERAL.—Section 319F of the Public Health Service
Act (42 U.S.C. 247d–6) is amended—
(1) by striking subsection (d) and inserting the following:
‘‘(d) CENTERS FOR PUBLIC HEALTH PREPAREDNESS AND
RESPONSE.—
‘‘(1) IN GENERAL.—The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
may award grants, contracts, or cooperative agreements to
institutions of higher education, including accredited schools
of public health, or other nonprofit private entities to establish
or maintain a network of Centers for Public Health Preparedness and Response (referred to in this subsection as ‘Centers’).
‘‘(2) ELIGIBILITY.—To be eligible to receive an award under
this subsection, an entity shall submit to the Secretary an
application containing such information as the Secretary may
require, including a description of how the entity will—
‘‘(A) coordinate relevant activities with applicable
State, local, and Tribal health departments and officials,
health care facilities, and health care coalitions to improve
public health preparedness and response, as informed by
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the public health preparedness and response needs of the
community, or communities, involved;
‘‘(B) prioritize efforts to implement evidence-informed
or evidence-based practices to improve public health
preparedness and response, including by helping to reduce
the transmission of emerging infectious diseases; and
‘‘(C) use funds awarded under this subsection,
including by carrying out any activities described in paragraph (3).
‘‘(3) USE OF FUNDS.—The Centers established or maintained
under this subsection shall use funds awarded under this subsection to carry out activities to advance public health preparedness and response capabilities, which may include—
‘‘(A) identifying, translating, and disseminating promising research findings or strategies into evidence-informed
or evidence-based practices to inform preparedness for, and
responses to, chemical, biological, radiological, or nuclear
threats, including emerging infectious diseases, and other
public health emergencies, which may include conducting
research related to public health preparedness and
response systems;
‘‘(B) improving awareness of such evidence-informed
or evidence-based practices and other relevant scientific
or public health information among health care professionals, public health professionals, other stakeholders, and
the public, including through the development, evaluation,
and dissemination of trainings and training materials, consistent with section 2802(b)(2), as applicable and appropriate, and with consideration given to existing training
materials, to support preparedness for, and responses to,
such threats;
‘‘(C) utilizing and expanding relevant technological and
analytical capabilities to inform public health and medical
preparedness and response efforts;
‘‘(D) expanding activities, including through public-private partnerships, related to public health preparedness
and response, including participation in drills and exercises
and training public health experts, as appropriate; and
‘‘(E) providing technical assistance and expertise that
relies on evidence-based practices, as applicable, related
to responses to public health emergencies, as appropriate,
to State, local, and Tribal health departments and other
entities pursuant to paragraph (2)(A).
‘‘(4) DISTRIBUTION OF AWARDS.—In awarding grants, contracts, or cooperative agreements under this subsection, the
Secretary shall support not fewer than 10 Centers, subject
to the availability of appropriations, and ensure that such
awards are equitably distributed among the geographical
regions of the United States.’’; and
(2) in subsection (f)(1)(C), by striking ‘‘, of which $5,000,000
shall be used to carry out paragraphs (3) through (5) of such
subsection’’.
(b) REPEAL.—Section 319G of the Public Health Service Act
(42 U.S.C. 247d–7) is repealed.
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Evaluations.
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PUBLIC LAW 117–328—DEC. 29, 2022
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’’.
42 USC
247d–12.
SEC. 2233. COORDINATION AND COLLABORATION REGARDING BLOOD
SUPPLY.
Consultation.
The Secretary of Health and Human Services, or the Secretary’s
designee, shall—
(1) ensure coordination and collaboration between relevant
Federal departments and agencies related to the safety and
availability of the blood supply, including—
(A) the Department of Health and Human Services,
including the Office of the Assistant Secretary for Health,
the Centers for Disease Control and Prevention, the Food
and Drug Administration, the Office of the Assistant Secretary for Preparedness and Response, the National
Institutes of Health, the Centers for Medicare & Medicaid
Services, and the Health Resources and Services Administration;
(B) the Department of Defense; and
(C) the Department of Veterans Affairs; and
(2) consult and communicate with private stakeholders,
including blood collection establishments, health care providers,
accreditation organizations, researchers, and patients,
regarding issues related to the safety and availability of the
blood supply.
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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
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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) 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.’’.
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SEC. 2235. ONE HEALTH FRAMEWORK.
(a) ONE HEALTH FRAMEWORK.—The Secretary of Health and
Human Services (referred to in this section as the ‘‘Secretary’’),
acting through the Director of the Centers for Disease Control
and Prevention, shall develop, or update as appropriate, in coordination with other Federal departments and agencies, as appropriate,
a One Health framework to address zoonotic diseases and advance
public health preparedness.
(b) ONE HEALTH COORDINATION.—The Secretary, acting through
the Director of the Centers for Disease Control and Prevention,
shall coordinate with the Secretary of Agriculture and the Secretary
of the Interior to develop a One Health coordination mechanism
at the Federal level to strengthen One Health collaboration related
to prevention, detection, control, and response for zoonotic diseases
and related One Health work across the Federal Government.
(c) REPORTING.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
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Contracts.
Updates.
42 USC
300hh–37.
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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:
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42 USC
285f–5.
‘‘SEC. 447D. RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC CONCERN.
‘‘(a) IN GENERAL.—The Director of the Institute, in collaboration, as appropriate, with the directors of applicable institutes,
centers, and divisions of the National Institutes of Health, the
Assistant Secretary for Preparedness and Response, and the
Director of the Biomedical Advanced Research and Development
Authority, shall establish or continue a multidisciplinary research
program to advance the discovery and preclinical development of
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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) USES OF FUNDS.—The Director of the Institute shall award
funding through grants, contracts, or cooperative agreements to
public or private entities to provide support for research centers
described in subsection (a) for the purpose of—
‘‘(1) conducting basic research through preclinical development of new medical products or technologies, including platform technologies, to address pathogens of pandemic concern;
‘‘(2) identifying potential targets for therapeutic candidates,
including antivirals, to treat such pathogens;
‘‘(3) identifying existing medical products with the potential
to address such pathogens, including candidates that could
be used in outpatient settings; and
‘‘(4) carrying out or supporting other research related to
medical products to address such pathogens, as determined
appropriate by the Director.
‘‘(c) COORDINATION.—The Director of the Institute shall, as
appropriate, provide for the coordination of activities among the
centers described in subsection (a), including through—
‘‘(1) facilitating the exchange of information and regular
communication among the centers, as appropriate; and
‘‘(2) requiring the periodic preparation and submission to
the Director of reports on the activities of each center.
‘‘(d) PRIORITY.—In awarding funding through grants, contracts,
or cooperative agreements under subsection (a), the Director of
the Institute shall, as appropriate, give priority to applicants with
existing frameworks and partnerships, as applicable, to support
the advancement of such research.
‘‘(e) COLLABORATION.—The Director of the Institute shall—
‘‘(1) collaborate with the heads of other appropriate Federal
departments, agencies, and offices with respect to the identification of additional priority virus families and other viral pathogens with a significant potential to cause a pandemic; and
‘‘(2) collaborate with the Director of the Biomedical
Advanced Research and Development Authority with respect
to the research conducted by centers described in subsection
(a), including, as appropriate, providing any updates on the
research advancements made by such centers, identifying any
advanced research and development needs for such countermeasures, consistent with section 319L(a)(6), and taking into
consideration existing manufacturing capacity and future
capacity needs for such medical products or technologies,
including platform technologies, supported by the centers
described in subsection (a).
‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Any support received by
a center described in subsection (a) under this section shall be
used to supplement, and not supplant, other public or private
support for activities authorized to be supported.’’.
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SEC.
2302.
IMPROVING MEDICAL
COORDINATION.
COUNTERMEASURE
Grants.
Contracts.
Requirement.
Reports.
Updates.
RESEARCH
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;
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136 STAT. 5758
PUBLIC LAW 117–328—DEC. 29, 2022
(2) in paragraph (25), by striking the period and inserting
a semicolon; and
(3) by inserting after paragraph (25) the following:
‘‘(26) shall consult with the Assistant Secretary for
Preparedness and Response, the Director of the Biomedical
Advanced Research and Development Authority, the Director
of the Centers for Disease Control and Prevention, and the
heads of other Federal agencies and offices, as appropriate,
regarding research needs to advance medical countermeasures
to diagnose, mitigate, prevent, or treat harm from any biological
agent or toxin, including emerging infectious diseases, chemical,
radiological, or nuclear agent that may cause a public health
emergency or other research needs related to emerging public
health threats;’’.
Consultation.
SEC. 2303. ACCESSING SPECIMEN SAMPLES AND DIAGNOSTIC TESTS.
42 USC 262a
note.
Deadline.
Public
information.
Procedures.
Determination.
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42 USC
247d–2.
Contracts.
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(a) IMPROVING RESEARCH AND DEVELOPMENT OF MEDICAL
COUNTERMEASURES FOR NOVEL PATHOGENS.—
(1) SAMPLE ACCESS.—Not later than 1 year after the date
of enactment of this Act, the Secretary of Health and Human
Services (referred to in this subsection as the ‘‘Secretary’’) shall
make publicly available policies and procedures related to
public and private entities accessing specimens of, or specimens
containing, pathogens or suitable surrogates for, or alternatives
to, such pathogens as the Secretary determines appropriate
to support public health preparedness and response activities
or biomedical research for purposes of the development and
validation, as applicable, of medical products to address
emerging infectious diseases and for use to otherwise respond
to emerging infectious diseases. Such policies and procedures
shall take into account, as appropriate, any applicable existing
Federal resources.
(2) GUIDANCE.—The Secretary shall issue guidance
regarding the procedures for carrying out paragraph (1),
including—
(A) the method for requesting such samples;
(B) considerations for sample availability and use of
suitable surrogates or alternatives to such pathogens, as
appropriate, including applicable safeguard and security
measures; and
(C) information required to be provided in order to
receive such samples or suitable surrogates or alternatives.
(b) EARLIER DEVELOPMENT OF DIAGNOSTIC TESTS.—Title III
of the Public Health Service Act is amended by inserting after
section 319A (42 U.S.C. 247d–1) the following:
‘‘SEC. 319B. EARLIER DEVELOPMENT OF DIAGNOSTIC TESTS.
‘‘The Secretary may contract with public and private entities,
as appropriate, to increase capacity in the rapid development,
validation, manufacture, and dissemination of diagnostic tests, as
appropriate, to State, local, and Tribal health departments and
other appropriate entities for immediate public health response
activities to address an emerging infectious disease with respect
to which a public health emergency is declared under section 319,
or that has significant potential to cause such a public health
emergency.’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5759
SEC. 2304. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE STUDY ON NATURAL IMMUNITY IN RELATION
TO THE COVID–19 PANDEMIC.
(a) IN GENERAL.—Not later than 45 days after the date of
enactment of this Act, the Secretary of Health and Human Services
shall seek to enter into a contract with the National Academies
of Sciences, Engineering, and Medicine (referred to in this section
as the ‘‘National Academies’’) to conduct a study related to the
current scientific evidence on the durability of immunity to COVID–
19.
(b) INCLUSIONS.—The study pursuant to the contract under
subsection (a) shall include—
(1) an assessment of scientific evidence related to the durability of immunity resulting from SARS–CoV–2 infection,
COVID–19 vaccination, or both, including any differences
between population groups;
(2) an assessment of the extent to which the Federal
Government makes publicly available the scientific evidence
used by relevant Federal departments and agencies to inform
public health recommendations related to immunity resulting
from SARS–CoV–2 infection and COVID–19 vaccination; and
(3) a summary of scientific studies and evidence related
to SARS–CoV–2 infection-acquired immunity from a sample
of other countries or multilateral organizations.
(c) REPORT.—Not later than 18 months after the date of enactment of this Act, the National Academies shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report on the study pursuant to subsection (a).
Deadline.
Contracts.
Assessments.
Summary.
CHAPTER 2—IMPROVING BIOSAFETY AND BIOSECURITY
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SEC.
2311.
IMPROVING CONTROL AND OVERSIGHT
BIOLOGICAL AGENTS AND TOXINS.
OF
SELECT
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)—
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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 of the release, loss, or theft of an agent or toxin
listed by the Secretary pursuant to subsection (a)(1), or by
the Secretary of Agriculture pursuant to section 212(a)(1) of
the Agricultural Bioterrorism Protection Act of 2002, from or
within a laboratory facility owned or operated by the Department of Health and Human Services, or other Federal laboratory facility subject to the requirements of this section, the
Secretary, in a manner that does not compromise national
security, shall—
‘‘(A) not later than 72 hours after such event is reported
to the Secretary, notify the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives of such event, including—
‘‘(i) the Federal laboratory facility in which such
release, loss, or theft occurred; and
‘‘(ii) the circumstances of such release, loss, or
theft; and
‘‘(B) not later than 14 days after such notification,
update such Committees on—
‘‘(i) any actions taken or planned by the Secretary
to mitigate any potential threat such release, loss,
or theft may pose to public health and safety; and
‘‘(ii) any actions taken or planned by the Secretary
to review the circumstances of such release, loss, or
theft, and prevent similar events.’’; and
(C) by amending paragraph (2), as so redesignated,
to read as follows:
‘‘(2) ANNUAL REPORT.—The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the
House of Representatives on an annual basis a report—
‘‘(A) summarizing the number and nature of notifications received under subsection (e)(8) (relating to theft
or loss) and subsection (j) (relating to releases), during
the preceding fiscal year;
‘‘(B) describing actions taken by the Secretary to
address such incidents, such as any corrective action plans
required and steps taken to promote adherence to, and
compliance with, safety and security best practices, standards, and regulations; and
‘‘(C) describing any gaps, challenges, or limitations
with respect to ensuring that such safety and security
practices are consistently applied and adhered to, and
actions taken to address such gaps, challenges, or limitations.’’; and
(4) in subsection (m), by striking ‘‘fiscal years 2002 through
2007’’ and inserting ‘‘fiscal years 2023 through 2027’’.
Deadlines.
Update.
Summaries.
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Plans.
Compliance.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5761
SEC. 2312. STRATEGY FOR FEDERAL HIGH-CONTAINMENT LABORATORIES.
42 USC 262a
note.
(a) STRATEGY
TORIES.—Not later
Deadline.
FOR FEDERAL HIGH-CONTAINMENT LABORAthan 1 year after the date of enactment of
this Act, the Director of the Office of Science and Technology Policy,
in consultation with relevant Federal departments and agencies,
shall establish a strategy for the management, maintenance, and
oversight of federally-owned laboratory facilities operating at Biosafety Level 3 or 4, including equivalent classification levels and
facilities with Biosafety Level 4 capabilities. Such strategy shall
include—
(1) a description of the roles and responsibilities of relevant
Federal departments and agencies with respect to the management, maintenance, and oversight of Biosafety Level 3 or 4
laboratory facilities;
(2) an assessment of the needs of the Federal Government
with respect to Biosafety Level 3 or 4 laboratory facilities;
(3) a summary of existing federally-owned Biosafety Level
3 or 4 laboratory facility capacity;
(4) a summary of other Biosafety Level 3 or 4 laboratory
facility capacity established through Federal funds;
(5) a description of how the capacity described in paragraphs (3) and (4) addresses the needs of the Federal Government, including—
(A) how relevant Federal departments and agencies
coordinate to provide access to appropriate laboratory facilities to reduce unnecessary duplication; and
(B) any gaps in such capacity related to such needs;
(6) a summary of plans that are in place for the maintenance of such capacity within each relevant Federal department
or agency, as applicable and appropriate, including processes
for determining whether to maintain or expand such capacity,
and a description of how the Federal Government will address
rapid changes in the need for such capacity within each relevant
Federal department or agency during a public health emergency; and
(7) a description of how the heads of relevant Federal
departments and agencies will coordinate to ensure appropriate
oversight of federally-owned laboratory facility capacity and
leverage such capacity within each relevant Federal department, as appropriate, to fulfill the needs of each Federal department and agency in order to reduce unnecessary duplication
and improve collaboration within the Federal Government.
(b) CLARIFICATION.—The strategy under subsection (a) shall
not be construed to supersede the authorities of each relevant
Federal department or agency with respect to the management,
maintenance, and oversight of the Federally-owned laboratory facilities operated by any such Federal department or agency.
Assessment.
Summary.
Summary.
Summary.
Plans.
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:
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‘‘SEC. 404O. NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.
42 USC 283r.
‘‘(a) ESTABLISHMENT.—The Secretary, acting through the
Director of NIH, shall establish an advisory committee, to be known
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136 STAT. 5762
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Appointments.
42 USC 283r
note.
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PUBLIC LAW 117–328—DEC. 29, 2022
as the ‘National Science Advisory Board for Biosecurity’ (referred
to in this section as the ‘Board’).
‘‘(b) DUTIES.—
‘‘(1) IN GENERAL.—The National Science Advisory Board
for Biosecurity referred to in section 205 of the Pandemic and
All-Hazards Preparedness Act (Public Law 109–417) (referred
to in this section as the ‘Board’) shall provide technical advice,
guidance, or recommendations, to relevant Federal departments
and agencies related to biosafety and biosecurity oversight of
biomedical research, including—
‘‘(A) oversight of federally-conducted or federally-supported dual use biomedical research, such as the review
of policies or frameworks used to assess and appropriately
manage safety and security risks associated with such
research, taking into consideration national security concerns, the potential benefits of such research, considerations related to the research community, transparency,
and public availability of information, and international
research collaboration; and
‘‘(B) continuing to carry out the activities required
under section 205 of the Pandemic and All-Hazards
Preparedness Act (Public Law 109–417).
‘‘(c) CONSIDERATIONS.—In carrying out the duties under subsection (b), the Board may consider strategies to improve the safety
and security of biomedical research, including through—
‘‘(1) leveraging or using new technologies and scientific
advancements to reduce safety and security risks associated
with such research and improve containment of pathogens;
and
‘‘(2) outreach to, and education and training of, researchers,
laboratory personnel, and other appropriate individuals with
respect to safety and security risks associated with such
research and mitigation of such risks.
‘‘(d) MEMBERSHIP.—The Board shall be composed of the following:
‘‘(1) Non-voting, ex officio members, including the following:
‘‘(A) At least one representative of each of the following:
‘‘(i) The Department of Health and Human Services.
‘‘(ii) The Department of Defense.
‘‘(iii) The Department of Agriculture.
‘‘(iv) The Department of Homeland Security.
‘‘(v) The Department of Energy.
‘‘(vi) The Department of State.
‘‘(vii) The Office of Science and Technology Policy.
‘‘(viii) The Office of the Director of National Intelligence.
‘‘(B) Representatives of such other Federal departments
or agencies as the Secretary determines appropriate to
carry out the requirements of this section.
‘‘(2) Individuals, appointed by the Secretary, with expertise
in biology, infectious diseases, public health, ethics, national
security, and other fields, as the Secretary determines appropriate, who shall serve as voting members.’’.
(b) ORDERLY TRANSITION.—The Secretary of Health and Human
Services shall take such steps as are necessary to provide for
the orderly transition to the authority of the National Science
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PUBLIC LAW 117–328—DEC. 29, 2022
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) APPLICATION.—The requirements under section 404O of the
Public Health Service Act, as added by subsection (a), related to
the mission, activities, or functions of the National Science Advisory
Board for Biosecurity shall not apply until the completion of any
work undertaken by such Board before the date of enactment of
this Act.
SEC. 2314. RESEARCH TO IMPROVE BIOSAFETY.
(a) IN GENERAL.—The Secretary of Health and Human Services
(referred to in this section as the ‘‘Secretary’’) shall, as appropriate,
conduct or support research to improve the safe conduct of biomedical research activities involving pathogens of pandemic potential or biological agents or toxins listed pursuant to section
351A(a)(1) of the Public Health Service Act (42 U.S.C. 262a(a)(1)).
(b) REPORT.—Not later than 5 years after the date of enactment
of this Act, the Secretary shall prepare and submit a report to
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives regarding an overview of any research conducted
or supported under this section, any relevant findings, and steps
the Secretary is taking to disseminate any such findings to support
the reduction of risks associated with biomedical research involving
pathogens of pandemic potential or biological agents or toxins listed
pursuant to section 351A(a)(1) of the Public Health Service Act
(42 U.S.C. 262a(a)(1)).
SEC. 2315. FEDERALLY-FUNDED RESEARCH WITH ENHANCED PATHOGENS OF PANDEMIC POTENTIAL.
(a) REVIEW AND OVERSIGHT OF ENHANCED PATHOGENS OF PANPOTENTIAL.—
(1) IN GENERAL.—The Director of the Office of Science
and Technology Policy (referred to in this section as the
‘‘Director’’), in consultation with the heads of relevant Federal
departments and agencies, shall—
(A) not later than 1 year after the date of enactment
of this Act—
(i) continue or conduct a review of existing Federal
policies related to research proposed for Federal
funding that may be reasonably anticipated to involve
the creation, transfer, or use of enhanced pathogens
of pandemic potential; and
(ii) establish or update a Federal policy for the
consistent review and oversight of such proposed
research that appropriately considers the risks associated with, and potential benefits of, such research;
and
(B) not less than every 4 years thereafter, review and
update such policy, as necessary and appropriate, to ensure
that such policy fully accounts for relevant research that
may be reasonably anticipated to involve the creation,
transfer, or use of enhanced pathogens of pandemic potential, takes into consideration the benefits of such research,
and supports the mitigation of related risks.
42 USC 283r
note.
42 USC 262a
note.
42 USC 6627.
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DEMIC
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Deadlines.
Updates.
PUBL328
136 STAT. 5764
Procedures.
Updates.
Guidance.
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Deadlines.
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PUBLIC LAW 117–328—DEC. 29, 2022
(2) REQUIREMENTS.—The policy established pursuant to
paragraph (1) shall include—
(A) a clear scope to support the consistent identification
of research proposals subject to such policy by relevant
Federal departments and agencies;
(B) a framework for such reviews that accounts for
safety, security, and ethical considerations related to the
creation, transfer, or use of enhanced pathogens of pandemic potential;
(C) measures to enhance the transparency and public
availability of information related to such research activities in a manner that does not compromise national security, the safety and security of such research activities,
or any identifiable, sensitive information of relevant
individuals; and
(D) consistent procedures across relevant Federal
department and agencies to ensure that—
(i) proposed research that has been determined
to have scientific and technical merit and may be subject to such policy is identified and referred for review;
(ii) subjected research activities conducted under
an award, including activities undertaken by any subrecipients of such award, are monitored regularly
throughout the project period to ensure compliance
with such policy and the terms and conditions of such
award; and
(iii) in the event that federally-funded research
activities not subject to such policy produce unanticipated results related to the creation, transfer, or use
of enhanced pathogens of pandemic potential, such
research activities are identified and appropriately
reviewed under such policy.
(3) CLARIFICATION.—Reviews required pursuant to this section shall be in addition to any applicable requirements for
research project applications required under the Public Health
Service Act, including reviews required under section 492 of
such Act (42 U.S.C. 289a), as applicable, or other applicable
laws.
(b) IMPLEMENTATION.—
(1) IN GENERAL.—The Director shall direct all heads of
relevant Federal departments and agencies to update, modernize, or promulgate applicable implementing guidance to
implement the requirements of this section.
(2) UPDATES.—Consistent with the requirements under subsection (a)(1)(B), the Director shall require all heads of relevant
Federal departments and agencies to update such policies consistent with any changes to the policy established pursuant
to subsection (a)(1).
(c) LIMITATIONS ON COUNTRIES OF CONCERN CONDUCTING CERTAIN RESEARCH.—
(1) IN GENERAL.—Beginning not later than 60 days after
the date of the enactment of this Act, the Secretary of Health
and Human Services shall not fund research conducted by
a foreign entity at a facility located in a country of concern,
in the estimation of the Director of National Intelligence or
the head of another relevant Federal department or agency,
as appropriate, in consultation with the Secretary of Health
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PUBLIC LAW 117–328—DEC. 29, 2022
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) only if the Secretary notifies Congress not less
than 15 days before such prohibition is lifted or suspended.
Notification.
Time period.
CHAPTER 3—PREVENTING UNDUE FOREIGN
INFLUENCE IN BIOMEDICAL RESEARCH
SEC. 2321. FOREIGN TALENT RECRUITMENT PROGRAMS.
42 USC 242v.
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(a) INTRAMURAL RESEARCH.—
(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this Act, the Secretary of Health and Human
Services (referred to in this chapter as the ‘‘Secretary’’) shall
prohibit personnel of the National Institutes of Health engaged
in intramural research from participation in foreign talent
recruitment programs.
(2) EXEMPTION.—Paragraph (1) shall not apply to participation in international conferences or other international
exchanges, partnerships, or programs, for which such participation has been approved by the National Institutes of Health.
In such circumstances, the National Institutes of Health shall
ensure appropriate training is provided to the participant on
how to respond to overtures from individuals associated with
foreign talent recruitment programs.
(b) EXTRAMURAL RESEARCH.—The Secretary shall require disclosure of participation in foreign talent recruitment programs,
including the provision of copies of all grants, contracts, or other
agreements related to such programs, and other supporting documentation related to such programs, as a condition of receipt of
Federal extramural biomedical research funding awarded through
the Department of Health and Human Services.
(c) CONSISTENCY.—The Secretary shall ensure that the policies
developed, updated, or issued pursuant to subsections (a) and (b)
are, to the greatest extent practicable, consistent with the requirements of subtitle D of title VI of division B of Public Law 117–
167 (42 U.S.C. 19231 et seq.) related to foreign talent recruitment
programs.
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Deadline.
Requirement.
Disclosure.
Records.
SEC. 2322. SECURING IDENTIFIABLE, SENSITIVE INFORMATION AND
ADDRESSING
OTHER
NATIONAL
SECURITY
RISKS
RELATED TO RESEARCH.
Deadlines.
42 USC 242v–1.
(a) IN GENERAL.—The Secretary of Health and Human Services,
in consultation with the Director of National Intelligence, the Secretary of State, the Secretary of Defense, and other national security
experts, as appropriate, shall ensure that biomedical research conducted or supported by the National Institutes of Health and other
relevant agencies and offices within the Department of Health
and Human Services is conducted or supported in a manner that
appropriately considers national security risks, including national
security implications related to research involving the sequencing
Updates.
03:57 Jul 18, 2023
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Assessment.
Reviews.
Criteria.
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PUBLIC LAW 117–328—DEC. 29, 2022
of human genomic information, and collection, analysis, or storage
of identifiable, sensitive information, as defined in section 301(d)(4)
of the Public Health Service Act (42 U.S.C. 241(d)(4)), and the
potential misuse of such data. Not later than 2 years after the
date of enactment of this Act, the Secretary shall ensure that
the National Institutes of Health and other relevant agencies and
offices within the Department of Health and Human Services, in
consultation with the heads of agencies and national security
experts, including the Office of the National Security within the
Department of Health and Human Services—
(1) develop a comprehensive framework and policies for
assessing and managing such national security risks that
includes, or review and update, as appropriate, the current
(as of the date of review) such framework and policies to
include—
(A) criteria for how and when to conduct risk assessments for projects that may have national security implications;
(B) security controls and training for researchers or
entities, including peer reviewers, that manage or have
access to such data that may present national security
risks; and
(C) methods to incorporate risk mitigation in the
process for funding such projects that may have national
security implications and monitor associated research
activities following issuance of an award, including changes
in the terms and conditions related to the use of such
funds, as appropriate;
(2) not later than 1 year after the framework and policies
are developed or reviewed and updated, as applicable, under
paragraph (1), develop and implement controls to ensure that—
(A) researchers or entities involved in projects reviewed
under the framework and relevant policies, including such
projects that manage or have access to sensitive, identifiable information, have complied with the requirements of
paragraph (1) and ongoing requirements with such paragraph;
(B) consideration of funding for projects that may have
national security implications takes into account the extent
to which the country in which the proposed research will
be conducted or supported poses a risk to the integrity
of the United States biomedical research enterprise; and
(C) data access committees reviewing data access
requests for projects that may have national security risks,
as appropriate, include members with expertise in current
and emerging national security threats, in order to make
appropriate decisions, including related to access to such
identifiable, sensitive information; and
(3) not later than 2 years after the framework and relevant
policies are developed or reviewed and updated, as applicable,
under paragraph (1), update data access and sharing policies
related to human genomic data, as applicable, based on current
and emerging national security threats.
(b) CONGRESSIONAL BRIEFING.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall provide
a briefing to the Committee on Health, Education, Labor, and
Pensions and the Select Committee on Intelligence of the Senate
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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.
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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.’’.
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SEC. 2324. PROTECTING AMERICA’S BIOMEDICAL RESEARCH ENTERPRISE.
42 USC 242v–2.
(a) IN GENERAL.—The Secretary, in consultation with the
Assistant to the President for National Security Affairs, the Director
of National Intelligence, the Director of the Federal Bureau of
Investigation, and the heads of other relevant departments and
agencies, and in consultation with research institutions and
research advocacy organizations or other relevant experts, as appropriate, shall—
(1) identify ways to improve the protection of intellectual
property and other proprietary information, as well as identifiable, sensitive information of participants in biomedical
research and development, from national security risks and
other applicable threats, including the identification of gaps
in policies and procedures in such areas related to biomedical
research and development supported by the Department of
Health and Human Services, and make recommendations to
institutions of higher education or other entities that have
traditionally received Federal funding for biomedical research
to protect such information;
(2) identify or develop strategies to prevent, mitigate, and
address national security risks and threats in biomedical
research and development supported by the Federal Government, including such threats associated with foreign talent
programs, by countries seeking to exploit United States technology and other proprietary information as it relates to such
Recommendations.
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PUBLIC LAW 117–328—DEC. 29, 2022
biomedical research and development, and make recommendations for additional policies and procedures to protect such
information;
(3) identify national security risks and potential misuse
of proprietary information, and identifiable, sensitive information of biomedical research participants and other applicable
risks, including with respect to peer review, and make recommendations for additional policies and procedures to protect
such information;
(4) develop a framework to identify areas of biomedical
research and development supported by the Federal Government that are emerging areas of interest for state actors and
would compromise national security if they were to be subjected
to undue foreign influence; and
(5) regularly review recommendations or policies developed
under this section and make additional recommendations or
updates, as appropriate.
(b) REPORT TO PRESIDENT AND TO CONGRESS.—Not later than
1 year after the date of enactment of this Act, the Secretary shall
prepare and submit, in a manner that does not compromise national
security, to the President and the Committee on Health, Education,
Labor, and Pensions and the Select Committee on Intelligence
of the Senate, the Committee on Energy and Commerce and the
Permanent Select Committee on Intelligence of the House of Representatives, and other congressional committees as appropriate,
a report on the findings and recommendations pursuant to subsection (a).
SEC. 2325. GAO STUDY.
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(a) IN GENERAL.—The Comptroller General of the United States
(referred to in this section as the ‘‘Comptroller General’’) shall
conduct a study to assess the extent to which the Department
of Health and Human Services (referred to in this section as the
‘‘Department’’) utilizes or provides funding to entities that utilize
such funds for human genomic sequencing services or genetic services (as such term is defined in section 201(6) of the Genetic
Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff(6)))
provided by entities, or subsidiaries of such entities, organized
under the laws of a country or countries of concern, in the estimation
of the Director of National Intelligence or the head of another
Federal department or agency, as appropriate.
(b) CONSIDERATIONS.—In carrying out the study under this
section, the Comptroller General shall—
(1) consider—
(A) the extent to which the country or countries of
concern could obtain human genomic information of citizens
and residents of the United States from such entities that
sequence, analyze, collect, or store human genomic information and which the Director of National Intelligence or
the head of another Federal department or agency reasonably anticipates may use such information in a manner
inconsistent with the national security interests of the
United States;
(B) whether the Department or recipient of such funds
from the Department sought to provide funding to, or to
use, domestic entities with no such ties to the country
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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) 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.
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SEC. 2326. REPORT ON PROGRESS TO ADDRESS UNDUE FOREIGN
INFLUENCE.
Recommendations.
42 USC 242v–3.
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.
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136 STAT. 5770
PUBLIC LAW 117–328—DEC. 29, 2022
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.
42 USC 290c.
‘‘SEC. 499A. ADVANCED RESEARCH PROJECTS AGENCY–HEALTH.
Deadline.
Determination.
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Deadline.
Federal Register,
publication.
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‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established within the National
Institutes of Health the Advanced Research Projects Agency–
Health (referred to in this section as ‘ARPA–H’). Not later
than 180 days after the date of enactment of this section,
the Secretary shall transfer all functions, personnel, missions,
activities, authorities, and funds of the Advanced Research
Projects Agency for Health as in existence on the date of enactment of this section, to ARPA–H established by the preceding
sentence.
‘‘(2) ORGANIZATION.—
‘‘(A) IN GENERAL.—There shall be within ARPA–H—
‘‘(i) an Office of the Director;
‘‘(ii) not more than 8 program offices; and
‘‘(iii) such special project offices as the Director
may establish.
‘‘(B) REQUIREMENT.—Not fewer than two-thirds of the
program offices of ARPA–H shall be exclusively dedicated
to supporting research and development activities, consistent with the goals and functions described in subsection
(b).
‘‘(C) NOTIFICATION.—The Director shall submit a
notification to the Committee on Health, Education, Labor,
and Pensions and the Committee on Appropriations of the
Senate and the Committee on Energy and Commerce and
the Committee on Appropriations of the House of Representatives if the Director determines that additional program offices are required to carry out this section.
‘‘(3) EXEMPTION FROM CERTAIN POLICIES OF NIH.—
‘‘(A) IN GENERAL.—Except as otherwise provided for
in this section, and subject to subparagraph (B), in establishing ARPA–H pursuant to paragraph (1), the Secretary
may exempt ARPA–H from policies and requirements of
the National Institutes of Health that are in effect on
the day before the date of enactment of this section as
necessary and appropriate to ensure ARPA–H can most
effectively achieve the goals described in subsection (b)(1).
‘‘(B) NOTICE.—Not later than 90 days after the date
of enactment of this section, the Secretary shall publish
a notice in the Federal Register describing the specific
policies and requirements of the National Institutes of
Health from which the Secretary intends to exempt ARPA–
H, including a rationale for such exemptions.
‘‘(b) GOALS AND FUNCTIONS.—
‘‘(1) GOALS.—The goals of ARPA–H shall be to—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
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Appointment.
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136 STAT. 5772
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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 publicprivate 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
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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) 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.—
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Contracts.
Grants.
Requirements.
Public
information.
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Cash prizes.
Contracts.
Real property.
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‘‘(1) IN GENERAL.—In order to facilitate the enhanced
collaboration and communication with respect to the most current priorities of ARPA–H, the Food and Drug Administration
may meet with ARPA–H and any other Federal partners at
appropriate intervals to discuss the development status, and
actions that may be taken to facilitate the development, of
medical products and projects that are the highest priorities
to ARPA–H.
‘‘(2) REIMBURSEMENT.—Utilizing interagency agreements or
other appropriate resource allocation mechanisms available,
the Director shall reimburse, using funds made available to
ARPA–H, the Food and Drug Administration, as appropriate,
for activities identified by the Commissioner of Food and Drugs
and the Director as being conducted by the Food and Drug
Administration under the authority of this subsection.
‘‘(g) AWARDS.—
‘‘(1) IN GENERAL.—In carrying out this section, the Director
may—
‘‘(A) award grants and cooperative agreements, which
shall include requirements to publicly report indirect facilities and administrative costs, broken out by fixed capital
costs, administrative overhead, and labor costs;
‘‘(B) award contracts, which may include multi-year
contracts subject to section 3903 of title 41, United States
Code;
‘‘(C) award cash prizes, utilizing the authorities and
processes established under section 24 of the StevensonWydler Technology Innovation Act of 1980; and
‘‘(D) enter into other transactions, as defined by section
319L(a)(3), subject to paragraph (2).
‘‘(2) LIMITATIONS ON ENTERING INTO OTHER TRANSACTIONS.—
‘‘(A) USE OF COMPETITIVE PROCEDURES.—To the maximum extent practicable, competitive procedures shall be
used when entering into other transactions under this section.
‘‘(B)
WRITTEN
DETERMINATION
REQUIRED.—The
authority of paragraph (1)(D) may be exercised for a project
if the program manager—
‘‘(i) submits a request to the Director for each
individual use of such authority before conducting or
supporting a program, including an explanation of why
the use of such authority is essential to promoting
the success of the project;
‘‘(ii) receives approval for the use of such authority
from the Director; and
‘‘(iii) for each year in which the program manager
has used such authority in accordance with this paragraph, submits a report to the Director on the activities
of the program related to such project.
‘‘(3) EXEMPTIONS FROM CERTAIN REQUIREMENTS.—Research
funded by ARPA–H shall not be subject to the requirements
of section 406(a)(3)(A)(ii) or section 492.
‘‘(h) FACILITIES AUTHORITY.—
‘‘(1) IN GENERAL.—The Director is authorized, for administrative purposes, to—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) lease an interest in property for not more than
20 years, notwithstanding section 1341(a)(1) of title 31,
United States Code.
‘‘(2) LOCATIONS.—
‘‘(A) IN GENERAL.—ARPA–H, including its headquarters, shall not be located on any part of the existing
National Institutes of Health campuses.
‘‘(B) NUMBER OF LOCATIONS.—ARPA–H shall have
offices or facilities in not less than 3 geographic areas.
‘‘(C) CONSIDERATIONS.—In determining the location of
each office or facility, the Director shall make a fair and
open consideration of—
‘‘(i) the characteristics of the intended location;
and
‘‘(ii) the extent to which such location will facilitate
advancement of the goals and functions specified in
subsection (b).
‘‘(i) PERSONNEL.—
‘‘(1) IN GENERAL.—The Director may—
‘‘(A) appoint and remove scientific, engineering, medical, and professional personnel, which may include temporary or term-limited appointments as determined by the
Director to fulfill the mission of ARPA–H, without regard
to any provision in title 5, United States Code, governing
appointments and removals under the civil service laws;
‘‘(B) notwithstanding any other provision of law,
including any requirement with respect to General
Schedule pay rates under subchapter III of chapter 53
of title 5, United States Code, fix the base pay compensation
of such personnel at a rate to be determined by the
Director, up to the amount of annual compensation
(excluding expenses) specified in section 102 of title 3,
United States Code; and
‘‘(C) contract with private recruiting firms for assistance in identifying highly qualified candidates for technical
positions needed to carry out this section.
‘‘(2) SUPPORT STAFF.—The Director may use authorities
in existence on the date of enactment of this section that
are provided to the Secretary to hire administrative, financial,
clerical, and other staff necessary to carry out functions that
support the goals and functions described in subsection (b).
‘‘(3) NUMBER OF PERSONNEL.—The Director may appoint
not more than 210 personnel under this section. The Director
shall submit a notification to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of
Representatives if the Director determines that additional personnel are required to carry out this section.
‘‘(4) CLARIFICATION ON PREVIOUS POSITIONS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Director shall ensure that the personnel who are
appointed to staff or support ARPA–H are individuals who,
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Time period.
Appointments.
Determination.
Contracts.
Appointments.
Notification.
Determination.
Time period.
PUBL328
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Exemption.
Contracts.
Time period.
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Time periods.
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at the time of appointment and for 3 years prior to such
appointment, were not employed by the National Institutes
of Health. The Director may grant an exemption only for
individuals who are uniquely qualified, by way of professional background and expertise, to advance the goals and
functions specified in subsection (b).
‘‘(B) NONAPPLICATION OF PROVISION.—The restriction
provided under subparagraph (A) shall not apply to any
individuals who are employed by ARPA–H on the date
of enactment of this section.
‘‘(5) ADDITIONAL CONSIDERATIONS.—In appointing personnel
under this subsection, the Director—
‘‘(A) may contract with private entities for the purposes
of recruitment services;
‘‘(B) shall make efforts to recruit a diverse workforce,
including individuals underrepresented in science,
engineering, and medicine, including racial and ethnic
minorities, provided such efforts do not conflict with
applicable Federal civil rights law, and individuals with
a variety of professional experiences or backgrounds; and
‘‘(C) shall recruit program managers with demonstrated expertise in a wide range of scientific disciplines
and management skills.
‘‘(6) USE OF INTERGOVERNMENTAL PERSONNEL ACT.—To the
extent needed to carry out the authorities under paragraph
(1) and the goals and functions specified in subsection (b),
the Director may utilize hiring authorities under sections 3371
through 3376 of title 5, United States Code.
‘‘(7) AUTHORITY TO ACCEPT FEDERAL DETAILEES.—The
Director may accept officers or employees of the United States
or members of the uniformed service on a detail from an element of the Federal Government, on a reimbursable or a nonreimbursable basis, as jointly agreed to by the heads of the
receiving and detailing elements, for a period not to exceed
3 years.
‘‘(j) PROGRAM MANAGERS.—
‘‘(1) IN GENERAL.—The Director shall appoint program managers for 3-year terms (and may reappoint such program managers for 1 additional consecutive 3-year term) for the programs
carried out by ARPA–H.
‘‘(2) DUTIES.—A program manager shall—
‘‘(A) establish, in consultation with the Director,
research and development goals for programs, including
timelines and milestones, and make such goals available
to the public;
‘‘(B) manage applications and proposals, through the
appropriate officials, for making awards as described in
subsection (g) for activities consistent with the goals and
functions described in subsection (b);
‘‘(C) issue funding opportunity announcements, using
uniform administrative processes, as appropriate;
‘‘(D) select, on the basis of merit, each of the projects
to be supported under a program carried out by ARPA–
H, and taking into consideration—
‘‘(i) the scientific, technical merit, and novelty of
the proposed project;
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‘‘(ii) the ability of the applicant to successfully
carry out the proposed project;
‘‘(iii) the potential future commercial applications
of the project proposed by the applicant, including
whether such applications may have the potential to
address areas of currently unmet need within biomedicine and improve health outcomes;
‘‘(iv) the degree to which the proposed project has
the potential to transform biomedicine and addresses
a scientific or technical question pursuant to subsection
(b);
‘‘(v) the potential for the project to take an interdisciplinary approach; and
‘‘(vi) such other criteria as established by the
Director;
‘‘(E) provide project oversight and management of strategic initiatives to advance the program, including by conducting project reviews not later than 18 months after
the date of funding awards to identify and monitor progress
of milestones with respect to each project and prior to
disbursement of additional funds;
‘‘(F) provide recommendations to the Director with
respect to advancing the goals and functions specified in
subsection (b);
‘‘(G) encourage research collaborations and cultivate
opportunities for the application or utilization of successful
projects, including through identifying and supporting
applicable public-private partnerships or partnerships
between or among award recipients;
‘‘(H) provide recommendations to the Director to establish, expand, restructure, or terminate partnerships or
projects; and
‘‘(I) communicate and collaborate with leaders and
experts within the health care and biomedical research
and development fields, including from both the public
and private sectors and, as necessary, through the convening of workshops and meetings, to identify research
and development gaps and opportunities and solicit stakeholder input on programs and goals.
‘‘(k) REPORTS AND EVALUATION.—
‘‘(1) ANNUAL REPORT.—
‘‘(A) IN GENERAL.—Beginning not later than 1 year
after the date of enactment of this section, as part of
the annual budget request submitted for each fiscal year,
the Director shall submit a report on the actions undertaken, and the results generated, by ARPA–H, including—
‘‘(i) a description of projects supported by ARPA–
H in the previous fiscal year and whether such projects
are meeting the goals developed by the Director pursuant to subsection (c)(4)(A);
‘‘(ii) a description of projects terminated in the
previous fiscal year, and the reason for such termination;
‘‘(iii) a description of planned programs starting
in the next fiscal year, pending the availability of
funding;
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Time period.
Time period.
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Summary.
Contracts.
Requirements.
Public
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‘‘(iv) activities conducted in coordination with other
Federal departments and agencies;
‘‘(v) a description of any successes with, or barriers
to, coordinating with other Federal departments and
agencies to achieve the goals and functions under subsection (b);
‘‘(vi) aggregated demographic information, if available, of direct recipients and performers in funded
projects and of the ARPA–H workforce (consistent with
the reporting requirements under paragraph (3)); and
‘‘(vii) a summary of award recipient compliance
with section 2321 of the PREVENT Pandemics Act.
‘‘(B) SUBMISSION TO CONGRESS.—The report under
subparagraph (A) shall be submitted to—
‘‘(i) the Committee on Energy and Commerce and
the Committee on Appropriations of the House of Representatives; and
‘‘(ii) the Committee on Health, Education, Labor,
and Pensions and the Committee on Appropriations
of the Senate.
‘‘(2) EVALUATION.—
‘‘(A) IN GENERAL.—Not later than 5 years after the
date of the enactment of this section, the Director shall
seek to enter into an agreement with the National Academies under which the National Academies conducts an
evaluation of whether ARPA–H is meeting the goals and
functions specified in subsection (b).
‘‘(B) SUBMISSION OF RESULTS.—The agreement entered
into under subparagraph (A) shall require the National
Academies to submit the evaluation conducted under such
agreement to the Director, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, and make the report publicly available.
‘‘(3) REPORTING RELATED TO ARPA–H PERSONNEL.—
‘‘(A) IN GENERAL.—The Director shall establish and
maintain records regarding the use of the authority under
subsection (i)(1)(A), including—
‘‘(i) the number of positions filled through such
authority;
‘‘(ii) the types of appointments of such positions;
‘‘(iii) the titles, occupational series, and grades of
such positions;
‘‘(iv) the number of positions publicly noticed to
be filled under such authority;
‘‘(v) the number of qualified applicants who apply
for such positions;
‘‘(vi) the qualification criteria for such positions;
and
‘‘(vii) the demographic information of individuals
appointed to such positions.
‘‘(B) REPORTS TO CONGRESS.—Not later than 2 years
after the date of enactment of this section, and annually
thereafter for each fiscal year in which such authority
is used, the Director shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House
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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) any challenges, limitations, or gaps related
to the use of the authority under subsection (i) and
any related recommendations to address such challenges, limitations, or gaps.
‘‘(l) STRATEGIC PLAN.—Not later than 1 year after the date
of the enactment of this section, and every 3 years thereafter,
the Director shall provide to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of the
Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a strategic
plan describing how ARPA–H will carry out investments each fiscal
year in the following 3-year period. The requirements regarding
individual institute and center strategic plans under section 402(m),
including paragraph (3) of such subsection, shall not apply to
ARPA–H.
‘‘(m) INDEPENDENT REVIEW.—Not later than 1 year after the
date of the enactment of this section, and every 4 years thereafter,
the Comptroller General of the United States shall conduct, and
submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of
the House of Representatives, an independent review of the biomedical research and development portfolio of the Department of
Health and Human Services, including ARPA–H, the National
Institutes of Health, the Food and Drug Administration, and the
Biomedical Advanced Research and Development Authority—
‘‘(1) to assess the degree of any potential duplication of
existing Federal programs and projects; and
‘‘(2) to make any recommendations regarding any potential
reorganization, consolidation, or termination of such programs
and projects.
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Deadline.
Deadline.
Assessment.
Recommendations.
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Notice.
Deadline.
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‘‘(n) PRIORITIZATION.—
‘‘(1) IN GENERAL.—The Director shall—
‘‘(A) prioritize awarding grants, cooperative agreements, contracts, prizes, and other transaction awards to
entities that will conduct funded work in the United States;
‘‘(B) as appropriate and practicable, encourage nondomestic recipients of any grants, cooperative agreements,
contracts, prizes, and other transactions under this section
to collaborate with a domestic entity;
‘‘(C) not make awards under this section to nondomestic entities organized under the laws of a covered
foreign country (as defined in section 119C of the National
Security Act of 1947 (50 U.S.C. 3059)); and
‘‘(D) in accordance with the requirements of chapter
33 of title 41, United States Code, and the Federal Acquisition Regulation, not make awards under this section to
entities that have more than 3 ongoing concurrent awards
under this section.
‘‘(2) CLARIFICATION.—In making an award under this section, the Director may waive the requirements of subparagraphs
(A), (B), and (D) of paragraph (1) if such requirements cannot
reasonably be met, and the proposed project has the potential
to advance the goals described in subsection (b)(1). The Director
shall provide notice to Congress not later than 30 days after
waiving such requirements.
‘‘(o) ADDITIONAL CONSULTATION.—In carrying out this section,
the Director may consult with—
‘‘(1) the President’s Council of Advisors on Science and
Technology;
‘‘(2) representatives of professional or scientific organizations, including academia and industry, with expertise in specific technologies under consideration or development by ARPA–
H;
‘‘(3) an existing advisory committee providing advice to
the Secretary or the head of any operating or staff division
of the Department;
‘‘(4) the advisory committee established under subsection
(p); and
‘‘(5) any other entity the Director may deem appropriate.
‘‘(p) ADVISORY COMMITTEE.—
‘‘(1) IN GENERAL.—There is established an ARPA–H Interagency Advisory Committee (referred to in this subsection as
the ‘Advisory Committee’) to coordinate efforts and provide
advice and assistance on specific program or project tasks and
the overall direction of ARPA–H.
‘‘(2) MEMBERS.—The Advisory Committee established under
paragraph (1) shall consist of the heads of the following agencies
or their designees:
‘‘(A) The National Institutes of Health.
‘‘(B) The Centers for Disease Control and Prevention.
‘‘(C) The Food and Drug Administration.
‘‘(D) The Office of the Assistant Secretary for Preparedness and Response.
‘‘(E) The Office of the Assistant Secretary of Health.
‘‘(F) The Defense Advanced Research Projects Agency.
‘‘(G) The Office of Science of the Department of Energy.
‘‘(H) The National Science Foundation.
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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) AVAILABILITY OF PERFORMANCE MEASURES.—The
Director shall provide to the National Academies such
performance measures and data necessary to perform the
evaluation required under subsection (k)(2).
‘‘(q) RULE OF CONSTRUCTION.—The authorities under this section, with respect to the Director, are additional authorities that
do not supersede or modify any existing authorities.
‘‘(r) TRANSFORMATIVE HEALTH TECHNOLOGY DEFINED.—In this
section, the term ‘transformative health technology’ means a novel,
broadly applicable capability or technology—
‘‘(1) that has potential to revolutionize the detection, diagnosis, mitigation, prevention, cure, or treatment of a disease
or health condition that can cause severe health outcomes
and which is an area of currently unmet need; and
‘‘(2) for which—
‘‘(A) significant scientific or technical challenges exist;
or
‘‘(B) incentives in the commercial market are unlikely
to result in the adequate or timely development of such
capability or technology.
‘‘(s) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there is authorized to be appropriated $500,000,000 for each
of the fiscal years 2024 through 2028, to remain available until
expended.
‘‘(t) ADDITIONAL BUDGET CLARIFICATION.—Any budget request
for ARPA–H shall propose a separate appropriation from the other
accounts of the National Institutes of Health.’’.
(b) GAO REPORT ON CERTAIN RESEARCH REQUIREMENTS.—The
Comptroller General of the United States shall conduct a review
to assess the extent to which relevant research conducted or supported by the National Institutes of Health meets Federal animal
research requirements pursuant of the Public Health Service Policy
on Humane Care and Use of Laboratory Animals. Such review
shall also consider whether, for research conducted or supported
by the National Institutes of Health that involves the use of animals, the processes of the National Institutes of Health for
reviewing initial research proposals and monitoring funded research
include a review of project protocols and methods to ensure that
results generated by such project may be reasonably anticipated
to be reproducible and replicable and achieve similar results, as
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Time periods.
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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
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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)—
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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 longterm maintenance of such capacity and capabilities;
and’’;
(ii) in subparagraph (B)—
(I) in clause (iii), by striking ‘‘and’’ at the
end;
(II) in clause (iv), by striking the period and
inserting ‘‘; and’’; and
(III) by adding at the end the following:
‘‘(v) award contracts, grants, and cooperative
agreements and enter into other transactions to support, maintain, and improve domestic manufacturing
surge capacity and capabilities, including through supporting flexible or advanced manufacturing, to ensure
that additional capacity is available to rapidly manufacture products that are or may become qualified
countermeasures or qualified pandemic or epidemic
products in the event of a public health emergency
declaration or significant potential for a public health
emergency.’’;
(iii) in subparagraph (C)—
(I) in clause (i), by striking ‘‘and’’ at the end;
(II) in clause (ii), by striking the period at
the end and inserting ‘‘; and’’; and
(III) by adding at the end the following:
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Grants.
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Compliance.
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‘‘(iii) consult with the Commissioner of Food and
Drugs, pursuant to section 565(b)(2) of the Federal
Food, Drug, and Cosmetic Act, to ensure that facilities
performing manufacturing, pursuant to an award
under subparagraph (B)(v), are in compliance with
applicable requirements under such Act and this Act,
as appropriate, including current good manufacturing
practice pursuant to section 501(a)(2)(B) of the Food,
Drug, and Cosmetic Act; and’’;
(iv) in subparagraph (D)(i), by inserting ‘‘,
including to improve manufacturing capacities and
capabilities for medical countermeasures’’ before the
semicolon;
(v) in subparagraph (E)(ix), by striking ‘‘2023’’ and
inserting ‘‘2028’’; and
(vi) by adding at the end the following:
‘‘(G) ANNUAL REPORTS BY AWARD RECIPIENTS.—As a
condition of receiving an award under subparagraph (B)(v),
a recipient shall develop and submit to the Secretary
annual reports related to the maintenance of such capacity
and capabilities, including ensuring that such capacity and
capabilities are able to support the rapid manufacture of
countermeasures as required by the Secretary.’’; and
(C) in paragraph (5), by adding at the end the following:
‘‘(H) SUPPORTING WARM-BASE AND SURGE CAPACITY AND
CAPABILITIES.—Pursuant to an award under subparagraph
(B)(v), the Secretary may make payments for activities
necessary to maintain domestic manufacturing surge
capacity and capabilities supported under such award to
ensure that such capacity and capabilities are able to support the rapid manufacture of countermeasures as required
by the Secretary to prepare for, or respond to, an existing
or potential public health emergency or otherwise address
threats that pose a significant level of risk to national
security. The Secretary may support the utilization of such
capacity and capabilities under awards for countermeasure
and product advanced research and development, as appropriate, to provide for the maintenance of such capacity
and capabilities.’’; and
(4) in subsection (f)—
(A) in paragraph (1), by striking ‘‘Not later than 180
days after the date of enactment of this subsection’’ and
inserting ‘‘Not later than 180 days after the date of enactment of the PREVENT Pandemics Act’’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘this subsection’’ and inserting ‘‘the PREVENT
Pandemics Act’’;
(ii) in subparagraph (B), by striking ‘‘and’’ at the
end; and
(iii) in subparagraph (C), by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(D) plans for the near-, mid-, and long-term
sustainment of manufacturing activities carried out under
this section, including such activities pursuant to subsection (c)(5)(H), specific actions to regularly assess the
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ability of recipients of an award under subsection
(c)(4)(B)(v) to rapidly manufacture countermeasures as
required by the Secretary, and recommendations to address
challenges, if any, related to such activities.’’.
SEC. 2402. SUPPLY CHAIN CONSIDERATIONS FOR THE STRATEGIC
NATIONAL STOCKPILE.
Subclause (II) of section 319F–2(a)(2)(B)(i) of the Public Health
Service Act (42 U.S.C. 247d–6b(a)(2)(B)(i)) is amended to read as
follows:
‘‘(II) planning considerations for appropriate
manufacturing capacity and capability to meet the
goals of such additions or modifications (without
disclosing proprietary information), including—
‘‘(aa) consideration of the effect such additions or modifications may have on the availability of such products and ancillary medical
supplies on the health care system; and
‘‘(bb) an assessment of the current supply
chain for such products, including information
on supply chain redundancies, any known
domestic manufacturing capacity for such
products, and any related vulnerabilities;’’.
Assessment.
SEC. 2403. STRATEGIC NATIONAL STOCKPILE EQUIPMENT MAINTENANCE.
Section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C.
247d–6b(a)(3)) is amended—
(1) in subparagraph (B), by inserting ‘‘, regularly reviewed,
and updated’’ after ‘‘followed’’; and
(2) by amending subparagraph (D) to read as follows:
‘‘(D) review and revise, as appropriate, the contents
of the stockpile on a regular basis to ensure that—
‘‘(i) emerging threats, advanced technologies, and
new countermeasures are adequately considered;
‘‘(ii) the potential depletion of countermeasures
currently in the stockpile is identified and appropriately addressed, including through necessary
replenishment; and
‘‘(iii) such contents are in working condition or
usable, as applicable, and are ready for deployment,
which may include conducting maintenance services
on such contents of the stockpile and disposing of such
contents that are no longer in working condition, or
usable, as applicable;’’.
Review.
Revision.
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SEC. 2404. IMPROVING TRANSPARENCY AND PREDICTABILITY OF
PROCESSES OF THE STRATEGIC NATIONAL STOCKPILE.
(a) GUIDANCE.—Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ‘‘Secretary’’) shall issue guidance
describing the processes by which the Secretary deploys the contents
of the Strategic National Stockpile under section 319F–2(a) of the
Public Health Service Act (42 U.S.C. 247d–6b(a)), or otherwise
distributes medical countermeasures, as applicable, to States, territories, Indian Tribes and Tribal organizations (as such terms are
defined under section 4 of the Indian Self-Determination and Education Assistance Act), and other applicable entities. Such guidance
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42 USC 247d–6b
note.
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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.
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(a) IN GENERAL.—Section 319F–2 of the Public Health Service
Act (42 U.S.C. 247d–6b) is amended—
(1) in subsection (a)—
(A) in paragraph (3)(F), by striking ‘‘as required by
the Secretary of Homeland Security’’ and inserting ‘‘at the
discretion of the Secretary, in consultation with, or at the
request of, the Secretary of Homeland Security,’’;
(B) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
(C) by inserting after paragraph (4) the following:
‘‘(5) VENDOR-MANAGED INVENTORY AND WARM-BASE SURGE
CAPACITY.—
‘‘(A) IN GENERAL.—For the purposes of maintaining
the stockpile under paragraph (1) and carrying out procedures under paragraph (3), the Secretary may enter into
contracts or cooperative agreements with vendors, which
may include manufacturers or distributors of medical products, with respect to medical products intended to be delivered to the ownership of the Federal Government. Each
such contract or cooperative agreement shall be subject
to such terms and conditions as the Secretary may specify,
including terms and conditions with respect to—
‘‘(i) procurement, maintenance, storage, and
delivery of products, in alignment with inventory
management and other applicable best practices, under
such contract or cooperative agreement, which may
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consider, as appropriate, costs of transporting and handling such products; or
‘‘(ii) maintenance of domestic manufacturing
capacity and capabilities of such products to ensure
additional reserved production capacity and capabilities are available, and that such capacity and capabilities are able to support the rapid manufacture, purchase, storage, and delivery of such products, as
required by the Secretary to prepare for, or respond
to, an existing or potential public health emergency.
‘‘(B) REPORT.—Not later than 2 years after the date
of enactment of the PREVENT Pandemics Act, and
annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and
the Committee on Appropriations of the Senate and the
Committee on Energy and Commerce and the Committee
on Appropriations of the House of Representatives a report
on any contracts or cooperative agreements entered into
under subparagraph (A) for purposes of establishing and
maintaining vendor-managed inventory or reserve manufacturing capacity and capabilities for products intended
for the stockpile, including a description of—
‘‘(i) the amount of each award;
‘‘(ii) the recipient of each award;
‘‘(iii) the product or products covered through each
award; and
‘‘(iv) how the Secretary works with each recipient
to ensure situational awareness related to the manufacturing capacity for, or inventory of, such products
and coordinates the distribution and deployment of
such products, as appropriate and applicable.’’; and
(D) in subparagraph (A) of paragraph (6), as so redesignated—
(i) in clause (viii), by striking ‘‘; and’’ and inserting
a semicolon;
(ii) in clause (ix), by striking the period and
inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(x) with respect to reports issued in 2027 or any
subsequent year, an assessment of selected contracts
or cooperative agreements entered into pursuant to
paragraph (5).’’; and
(2) in subsection (c)(2)(C), by striking ‘‘on an annual basis’’
and inserting ‘‘not later than March 15 of each year’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 319F–2(f)(1)
of the Public Health Service Act (42 U.S.C. 247d–6b(f)(1)) is
amended by striking ‘‘$610,000,000 for each of fiscal years 2019
through 2023’’ and inserting ‘‘$610,000,000 for each of fiscal years
2019 through 2021, and $750,000,000 for each of fiscal years 2022
and 2023’’.
Assessment.
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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.—
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‘‘(A) IN GENERAL.—The Secretary may, at appropriate
intervals, make available for purchase excess contents procured for, and maintained within, the stockpile under paragraph (1) to any Federal agency or State, local, or Tribal
government. The Secretary shall make such contents available for purchase only if—
‘‘(i) such contents are in excess of what is required
for appropriate maintenance of such stockpile;
‘‘(ii) the Secretary determines that the costs for
maintaining such excess contents are not appropriate
to expend to meet the needs of the stockpile; and
‘‘(iii) the Secretary determines that such action
does not compromise national security and is in the
national interest.
‘‘(B) REIMBURSEMENT AND COLLECTION.—The Secretary
may require reimbursement for contents that are made
available under subparagraph (A), in an amount that
reflects the cost of acquiring and maintaining such contents
and the costs incurred to make available such contents
in the time and manner specified by the Secretary.
Amounts collected under this subsection shall be credited
to the appropriations account or fund that incurred the
costs to procure such contents, and shall remain available,
without further appropriation, until expended, for the purposes of the appropriation account or fund so credited.
‘‘(C) RULE OF CONSTRUCTION.—This paragraph shall
not be construed to preclude transfers of contents in the
stockpile under other authorities.
‘‘(D) REPORT.—Not later than 2 years after the date
of enactment of the PREVENT Pandemics Act, and
annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and
the Committee on Appropriations of the Senate and the
Committee on Energy and Commerce and the Committee
on Appropriations of the House of Representatives a report
on the use of the authority provided under this paragraph,
including details of each action taken pursuant to this
paragraph, the account or fund to which any collected
amounts have been credited, and how the Secretary has
used such amounts.
‘‘(E) SUNSET.—The authority under this paragraph
shall terminate on September 30, 2028.’’.
Determinations.
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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,
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Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce
and the Committee on Appropriations of the House of Representatives on—
‘‘(1) the deployment of the contents of the stockpile in
response to State, local, and Tribal requests;
‘‘(2) the amount of such products that remain within the
stockpile following such deployment; and
‘‘(3) plans to replenish such products, as appropriate,
including related timeframes and any barriers or limitations
to replenishment.’’.
Plans.
SEC. 2408. PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN
PROGRAMS AND FACILITIES.
(a) CLARIFICATION.—Section 319F–2(a)(3) of the Public Health
Service Act (42 U.S.C. 247d–6b(a)(3)) is amended—
(1) in subparagraph (C), by striking ‘‘and local’’ and
inserting ‘‘local, and Tribal’’; and
(2) in subparagraph ( J), by striking ‘‘and local’’ and
inserting ‘‘local, and Tribal’’.
(b) DISTRIBUTION OF MEDICAL COUNTERMEASURES TO INDIAN
TRIBES.—Title III of the Public Health Service Act (42 U.S.C. 241
et seq.) is amended by inserting after section 319F–4 the following:
‘‘SEC. 319F–5. PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN
PROGRAMS AND FACILITIES.
42 USC 247d–6f.
‘‘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.’’.
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SEC. 2409. GRANTS FOR STATE STRATEGIC STOCKPILES.
(a) Section 319F–2 of the Public Health Service Act (42 U.S.C.
247d–6b) is amended by adding at the end the following:
‘‘(i) PILOT PROGRAM TO SUPPORT STATE MEDICAL STOCKPILES.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Assistant Secretary for Preparedness and Response and the
Director of the Centers for Disease Control and Prevention,
shall award grants or cooperative agreements to not fewer
than 5 States, or consortia of States, with consideration given
to distribution among the geographical regions of the United
States, to establish, expand, or maintain a stockpile of appropriate drugs, vaccines and other biological products, medical
devices, and other medical supplies determined by the State
to be necessary to respond to a public health emergency
declared by the Governor of a State or by the Secretary under
section 319, or a major disaster or emergency declared by
the President under section 401 or 501, respectively, of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act, in order to support the preparedness goals described in
paragraphs (2) through (6) and (8) of section 2802(b). A recipient
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Plan.
Outline.
Determination.
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of such an award may not use award funds to support the
stockpiling of security countermeasures (as defined in subsection (c)(1), unless the eligible entity provides justification
for maintaining such countermeasures and the Secretary determines such justification is appropriate and applicable.
‘‘(2) REQUIREMENTS.—
‘‘(A) APPLICATION.—To be eligible to receive an award
under paragraph (1), an entity shall prepare, in consultation with appropriate health care entities and health officials within the jurisdiction of such State or States, and
submit to the Secretary an application that contains such
information as the Secretary may require, including—
‘‘(i) a plan for such stockpile, consistent with paragraph (4), including—
‘‘(I) a description of the activities such entity
will carry out under the agreement;
‘‘(II) an assurance that such entity will use
funds under such award in alignment with the
requirements of chapter 83 of title 41, United
States Code (commonly referred to as the ‘Buy
American Act’); and
‘‘(III) an outline of proposed expenses; and
‘‘(ii) a description of how such entity will coordinate
with relevant entities in receipt of an award under
section 319C–1 or 319C–2 pursuant to paragraph (4),
including through promoting alignment between the
stockpile plan established pursuant to clause (i) and
applicable plans that are established by such entity
pursuant to section 319C–1 or 319C–2.
‘‘(B) MATCHING FUNDS.—
‘‘(i) Subject to clause (ii), the Secretary may not
make an award under this subsection unless the
applicant agrees, with respect to the costs to be
incurred by the applicant in carrying out the purpose
described in this subsection, to make available nonFederal contributions toward such costs in an amount
equal to—
‘‘(I) for each of fiscal years 2023 and 2024,
not less than $1 for each $20 of Federal funds
provided in the award; and
‘‘(II) for fiscal year 2025 and each fiscal year
thereafter, not less than $1 for each $10 of Federal
funds provided in the award.
‘‘(ii) WAIVER.—The Secretary may, upon the
request of a State, waive the requirement under clause
(i), in whole or in part, if the Secretary determines
that extraordinary economic conditions in the State
in the fiscal year involved or in the previous fiscal
year justify the waiver. A waiver provided by the Secretary under this subparagraph shall apply only to
the fiscal year involved.
‘‘(C) ADMINISTRATIVE EXPENSES.—Not more than 10
percent of amounts received by an entity pursuant to an
award under this subsection may be used for administrative
expenses.
‘‘(3) LEAD ENTITY.—An entity in receipt of an award under
paragraph (1) may designate a lead entity, which may be a
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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) review and revise, as appropriate, the contents
of the stockpile on a regular basis to ensure that, to the
extent practicable, new technologies and medical products
are considered;
‘‘(G) carry out exercises, drills, and other training for
purposes of stockpile deployment, dispensing, and administration of medical products, and for purposes of assessing
the capability of such stockpile to address the medical
supply needs of public health emergencies, major disasters,
or other emergencies described in paragraph (1) of varying
types and scales, which may be conducted in accordance
with requirements related to exercises, drills, and other
training for recipients of awards under section 319C–1
or 319C–2, as applicable; and
‘‘(H) carry out other activities related to the State
strategic stockpile as the entity determines appropriate,
to support State efforts to prepare for, and respond to,
public health threats.
‘‘(5) SUPPLEMENT NOT SUPPLANT.—Awards under paragraph
(1) shall supplement, not supplant, the maintenance and use
of the Strategic National Stockpile by the Secretary under
subsection (a).
‘‘(6) GUIDANCE FOR STATES.—Not later than 180 days after
the date of enactment of this subsection, the Secretary, in
consultation with States, health officials, and other relevant
stakeholders, as appropriate, shall issue guidance, and update
such guidance as appropriate, for States related to maintaining
and replenishing a stockpile of medical products, which may
include strategies and best practices related to—
‘‘(A) types of medical products and medical supplies
that are critical to respond to public health emergencies,
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Revision.
Deadline.
Update.
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and may be appropriate for inclusion in a stockpile by
States, with consideration of threats that require the largescale and simultaneous deployment of stockpiles, including
the stockpile maintained by the Secretary pursuant to subsection (a), and long-term public health and medical
response needs;
‘‘(B) appropriate management of the contents of a stockpile, including management by vendors of reserve amounts
of medical products and supplies intended to be delivered
to the ownership of the State and appropriate disposition
of excess products, as applicable; and
‘‘(C) the procurement of medical products and medical
supplies consistent with the requirements of chapter 83
of title 41, United States Code (commonly referred to as
the ‘Buy American Act’).
‘‘(7) TECHNICAL ASSISTANCE.—The Secretary shall provide
assistance to States, including technical assistance, as appropriate, in establishing, maintaining, improving, and utilizing
a medical stockpile, including appropriate inventory management and disposition of products.
‘‘(8) REPORTING.—
‘‘(A) STATE REPORTS.—Each entity receiving an award
under paragraph (1) shall update, as appropriate, the plan
established pursuant to paragraph (2)(A)(i) and submit to
the Secretary an annual report on implementation of such
plan, including any changes to the contents of the stockpile
supported under such award. The Secretary shall use
information obtained from such reports to inform the
maintenance and management of the Strategic National
Stockpile pursuant to subsection (a).
‘‘(B) REPORTS TO CONGRESS.—Not later than 1 year
after the initial issuance of awards pursuant to paragraph
(1), and annually thereafter for the duration of the program
established under this subsection, the Secretary shall
submit to the Committee on Health, Education, Labor,
and Pensions and the Committee on Appropriations of the
Senate and the Committee on Energy and Commerce and
the Committee on Appropriations of the House of Representatives a report on such program, including—
‘‘(i) Federal and State expenditures to support
stockpiles under such program;
‘‘(ii) activities conducted pursuant to paragraph
(4); and
‘‘(iii) any additional information from the States
that the Secretary determines relevant.
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—To carry out this
subsection, there is authorized to be appropriated
$3,500,000,000 for each of fiscal years 2023 and 2024, to remain
available until expended.’’.
(b) GAO REPORT.—Not later than 3 years after the date on
which awards are first issued pursuant to subsection (i)(1) of section
319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b), as
added by subsection (a), the Comptroller General of the United
States shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the State
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stockpiles established or maintained pursuant to this section. Such
report shall include an assessment of—
(1) coordination and communication between the Secretary
of Health and Human Services and entities in receipt of an
award under this section, or a lead entity designated by such
entity;
(2) technical assistance provided by the Secretary of Health
and Human Services to such entities; and
(3) the impact of such stockpiles on the ability of the
State to prepare for and respond to a public health emergency,
major disaster, or other emergency described in subsection (i)(1)
of section 319F–2 of the Public Health Service Act (42 U.S.C.
247d–6b), as added by subsection (a), including the availability
and distribution of items from such State stockpile to health
care entities and other applicable entities.
Assessments.
SEC. 2410. STUDY ON INCENTIVES FOR DOMESTIC PRODUCTION OF
GENERIC MEDICINES.
(a) IN GENERAL.—The Secretary of Health and Human Services
(referred to in this section as the ‘‘Secretary’’), acting through the
Assistant Secretary for Planning and Evaluation of the Department
of Health and Human Services shall—
(1) conduct a study on the feasibility, including related
to sustainment, and potential effectiveness, and utility of providing incentives for increased domestic production and capacity
of specified generic medicines and their active pharmaceutical
ingredients, which may include through applicable nonprofit
or for-profit private entities; and
(2) not later than 1 year after the date of enactment of
this Act, submit a report on such study to the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives.
(b) SPECIFIED GENERIC MEDICINE.—In this section, the term
‘‘specified generic medicine’’ means a generic drug approved under
section 505(j) of the Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)) that is —
(1) used to prevent, mitigate, or treat a serious or lifethreatening 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.
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SEC. 2411. INCREASED MANUFACTURING CAPACITY FOR CERTAIN
CRITICAL ANTIBIOTIC DRUGS.
(a) PROGRAM.—
(1) IN GENERAL.—The Secretary, in consultation with the
Assistant Secretary for Preparedness and Response and
Commissioner of Food and Drugs, may award contracts to
increase the domestic manufacturing capacity of certain antibiotic drugs with identified supply chain vulnerabilities, or
the active pharmaceutical ingredient or key starting material
of such antibiotic drugs.
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42 USC 247d–6b
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Contracts.
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Strategic plan.
Applicability.
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(2) ELIGIBLE ENTITIES.—To be eligible to receive an award
under this subsection, an entity shall—
(A) be a manufacturer that is in compliance with,
or demonstrates capability to comply with, the relevant
requirements of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.); and
(B) prepare and submit to the Secretary an application
at such time, and in such manner, and containing such
information as the Secretary may require, including—
(i) a description of proposed activities to be supported by an award under this subsection to increase
manufacturing capacity for such antibiotic drug or
drugs;
(ii) the antibiotic drug or drugs, or related active
pharmaceutical ingredients or key starting materials
for such drug or drugs, that such entity intends to
manufacture with any increased manufacturing
capacity supported by an award under this subsection;
(iii) any additional products such increased manufacturing capacity could be used to manufacture;
(iv) a description of the current supply chain for
such antibiotic drugs, including any existing and
applicable
manufacturing
facilities,
known
vulnerabilities in the supply chain, known or potential
supply limitations, such as foreign export restrictions,
or subsidies from foreign governments, as applicable;
(v) a description of how such entity may use
advanced or flexible manufacturing in carrying out
the terms of an award under this subsection; and
(vi) a strategic plan regarding the maintenance,
operation, and sustainment of such increased manufacturing capacity following the expiration of a contract
under this subsection.
(3) USE OF FUNDS.—A recipient of an award under this
subsection shall use such funds to build, expand, upgrade,
modify, or recommission a facility located in the United States,
which may include the purchase or upgrade of equipment,
as applicable, to support increased manufacturing capacity of
certain antibiotic drugs for which supply chain vulnerabilities
exist, or the active pharmaceutical ingredient or key starting
material of such antibiotic drugs.
(4) REPORTS.—An entity in receipt of an award under this
subsection shall submit to the Secretary such reports as the
Secretary may require related to increasing domestic manufacturing capacity of antibiotic drugs pursuant to a contract under
this subsection, including actions taken to implement the strategic plan required under paragraph (2)(B)(vi).
(5) CONTRACT TERMS.—The following shall apply to a contract to support increased domestic manufacturing capacity
under this subsection:
(A) MILESTONE-BASED PAYMENTS.—The Secretary may
provide payment, including advance payment or partial
payment for significant milestones, if the Secretary makes
a determination that such payment is necessary and appropriate.
(B) REPAYMENT.—The contract shall provide that such
payment is required to be repaid if there is a failure to
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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 Secretary decides to terminate a contract prior to its expiration, the Secretary shall notify
the manufacturer within 90 days of such determination.
(D) ADDITIONAL TERMS.—The Secretary, in any contract
under this subsection—
(i) may specify—
(I) the amount of funding that will be dedicated by the Secretary for supporting increased
manufacturing capacity under such contract; and
(II) the amount of manufacturing capacity that
such eligible entity must meet; and
(ii) shall provide a clear statement of defined Federal Government purpose limited to uses related to
increasing domestic manufacturing capacity for antibiotic drugs to address identified supply chain
vulnerabilities and challenges to establishing and
maintaining domestic manufacturing capacity.
(E) SUSTAINMENT.—Each contract shall provide for the
eligible entity to update the strategic plan required under
paragraph (2)(B)(vi) throughout the duration of such contract, as required by the Secretary.
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act and every year thereafter until the termination or
expiration of all such contracts, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report on any activities supported under subsection (a), including—
(1) the antibiotic drugs for which the Secretary prioritized
awards under subsection (a), including a description of how
the Secretary consulted with stakeholders to inform such
prioritization;
(2) information regarding each contract awarded pursuant
to subsection (a), including—
(A) the recipient of each such contract, including any
recipients of a subaward;
(B) the milestone and performance requirements
pursuant to each such contract;
(C) the duration of each such contract;
(D) the amount of funding provided by the Secretary
pursuant to each such contract, including any advanced
or partial payments;
(E) the antibiotic drugs supported through each such
contract, including a description of the medical necessity
of each such antibiotic drug and any supply chain
vulnerabilities, limitations, and related characteristics
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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
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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.—
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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, crossdisciplinary 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).’’.
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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:
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(i) THIRD PARTY EVALUATION OF TESTS USED DURING AN EMER-
GENCY.—
Contracts.
Recommendations.
Deadlines.
21 USC
360bbb–4 note.
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Revision.
‘‘(1) IN GENERAL.—For purposes of conducting evaluations
regarding whether an in vitro diagnostic product (as defined
in section 809.3 of title 21, Code of Federal Regulations (or
any successor regulations)) for which a request for emergency
use authorization is submitted under section 564 meets the
criteria for issuance of such authorization, the Secretary may,
as appropriate, consult with persons with appropriate expertise
with respect to such evaluations or enter into cooperative agreements or contracts with such persons under which such persons
conduct such evaluations and make such recommendations,
including, as appropriate, evaluations and recommendations
regarding the scope of authorization and conditions of
authorization.
‘‘(2) REQUIREMENTS REGARDING EVALUATIONS AND RECOMMENDATIONS.—
‘‘(A) IN GENERAL.—In evaluating and making recommendations to the Secretary regarding the validity,
accuracy, and reliability of in vitro diagnostic products,
as described in paragraph (1), a person shall consider and
document whether the relevant criteria under subsection
(c)(2) of section 564 for issuance of authorization under
such section are met with respect to the in vitro diagnostic
product.
‘‘(B) WRITTEN RECOMMENDATIONS.—Recommendations
made by a person under this subsection shall be submitted
to the Secretary in writing, and shall include the reasons
for such recommendation and other information that may
be requested by the Secretary.
‘‘(3) RULE OF CONSTRUCTION.— Nothing in this subsection
shall be construed to require the Secretary to consult with,
or enter into cooperative agreements or contracts with, persons
as described in paragraph (1) for purposes of authorizing an
in vitro diagnostic product or otherwise affecting the emergency
use authorization authorities under this section or section 564.’’.
(b) GUIDANCE.—Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services
(referred to in this subsection as the ‘‘Secretary’’) shall issue draft
guidance on consultations with persons under subsection (i) of section 565 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb–4), as added by subsection (a), including considerations
concerning conflicts of interest, compensation arrangements, and
information sharing. Not later than 1 year after the public comment
period on such draft guidance ends, the Secretary shall issue a
revised draft guidance or final guidance.
Deadlines.
Recommendations.
SEC. 2503. PLATFORM TECHNOLOGIES.
21 USC 356k.
‘‘SEC. 506K. 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:
‘‘(a) IN GENERAL.—The Secretary shall establish a program
for the designation of platform technologies that meet the criteria
described in subsection (b).
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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) IN GENERAL.—Not later than 90 calendar days after
the receipt of a request under subsection (c), the Secretary
shall determine whether the platform technology that is the
subject of the request meets the criteria described in subsection
(b).
‘‘(2) DESIGNATION.—If the Secretary determines that the
platform technology meets the criteria described in subsection
(b), the Secretary shall designate the platform technology as
a designated platform technology and may expedite the development and review of any subsequent application submitted under
section 505(b) of this Act or section 351(a) of the Public Health
Service Act for a drug that uses or incorporates the platform
technology pursuant to subsection (e), as appropriate.
‘‘(3) DETERMINATION NOT TO DESIGNATE.—If the Secretary
determines that the platform technology does not meet the
criteria under subsection (b), the Secretary shall include with
the determination not to designate the technology a written
description of the rationale for such determination.
‘‘(4) REVOCATION OF DESIGNATION.—The Secretary may
revoke a designation made under paragraph (2), if the Secretary
determines that the designated platform technology no longer
meets the criteria described in subsection (b). The Secretary
shall communicate the determination to revoke a designation
to the requesting sponsor in writing, including a description
of the rationale for such determination.
‘‘(5) APPLICABILITY.—Nothing in this section shall prevent
a product that uses or incorporates a designated platform technology from being eligible for expedited approval pathways
if it is otherwise eligible under this Act or the Public Health
Service Act.
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Determination.
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‘‘(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—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) GUIDANCE.—Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ‘‘Secretary’’) shall issue draft
guidance on the implementation of this section. Such guidance
shall include examples of drugs that can be manufactured using
platform technologies, including drugs that contain or consist of
vectors and nucleic acids, information about the Secretary’s review
of platform technologies, information regarding submitting for designation, considerations for persons submitting a request for designation who have been granted a right of reference, the
implementation of the designated platform technology designation
program, efficiencies that may be achieved in the development
and review of products that incorporate or utilize designated platform technologies, and recommendations and requirements for
making and reporting manufacturing changes to a designated platform technology in accordance with section 506K(g) of the Federal
Food, Drug, and Cosmetic Act (as added by subsection (a)) and
section 506A of such Act (21 U.S.C. 356a), as applicable.
(c) REPORT.—Not later than September 30, 2026, and annually
thereafter until September 30, 2029, the Secretary shall issue a
report to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of
the House of Representatives that shall include—
(1) the number of requests for designation under the program under section 506K of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a);
(2) the number of designations under such program issued,
active, and revoked;
(3) the resources required to carry out such program
(including the review time used for full-time equivalent
employees);
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21 USC 356k
note.
Recommendations.
Requirements.
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PUBLIC LAW 117–328—DEC. 29, 2022
(4) any efficiencies gained in the development, manufacturing, and review processes associated with such designations;
and
(5) recommendations, if any, to strengthen the program
to better leverage platform technologies that can be used in
more than one drug and meet patient needs in a manner
as timely as possible, taking into consideration the resources
available to the Secretary of Health and Human Services for
carrying out such program.
Recommendations.
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’’.
21 USC 393 note.
Web posting.
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Implementation
plan.
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SEC. 2505. IMPROVING FDA GUIDANCE AND COMMUNICATION.
(a) FDA REPORT AND IMPLEMENTATION OF GOOD GUIDANCE
PRACTICES.—The Secretary of Health and Human Services (referred
to in this section as the ‘‘Secretary’’) shall develop, and publish
on the website of the Food and Drug Administration—
(1) a report identifying best practices for the efficient
prioritization, development, issuance, and use of guidance documents, within centers, across the Food and Drug Administration, and across other applicable agencies; and
(2) a plan for implementation of such best practices,
including across other applicable agencies, which shall
address—
(A) streamlining development and review of guidance
documents within centers and across the Food and Drug
Administration;
(B) streamlining processes for regulatory submissions
to the Food and Drug Administration, including through
the revision or issuance of guidance documents; and
(C) implementing innovative guidance development
processes and practices and transitioning or updating guidance issued during the COVID–19 public health emergency,
as appropriate.
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136 STAT. 5803
(b) REPORT AND IMPLEMENTATION OF FDA BEST PRACTICES
COMMUNICATING WITH EXTERNAL STAKEHOLDERS.—The Secretary, acting through the Commissioner of Food and Drugs, shall
develop and publish on the website of the Food and Drug Administration a report on the practices of the Food and Drug Administration to broadly communicate with external stakeholders, other than
through guidance documents, which shall include—
(1) a review of the types and methods of public communication that the Food and Drug Administration uses to communicate and interact with medical product sponsors and other
external stakeholders;
(2) the identification of best practices for the efficient
development, issuance, and use of such communications; and
(3) a plan for implementation of best practices for communication with external stakeholders, which shall address—
(A) advancing the use of innovative forms of communication, including novel document types and formats, to
provide increased regulatory clarity to product sponsors
and other stakeholders, and advancing methods of communicating and interacting with medical product sponsors
and other external stakeholders, including the use of tools
such as product submission templates, webinars, and frequently asked questions communications;
(B) streamlining processes for regulatory submissions;
and
(C) implementing innovative communication development processes and transitioning or updating communication practices used during the COVID–19 public health
emergency, as appropriate.
(c) CONSULTATION.—In developing and publishing the report
and implementation plan under this section, the Secretary shall
consult with stakeholders, including researchers, academic
organizations, pharmaceutical, biotechnology, and medical device
developers, clinical research organizations, clinical laboratories,
health care providers, patient groups, and other appropriate stakeholders.
(d) MANNER OF ISSUANCE.— For purposes of carrying out this
section, the Secretary may update an existing report or plan, and
may combine the reports and implementation plans described in
subsections (a) and (b) into one or more documents.
(e) TIMING.—The Secretary shall—
(1) not later than 1 year after the date of enactment of
this Act, publish a draft of the reports and plans required
under this section; and
(2) not later than 180 days after publication of the draft
reports and plans under paragraph (1)—
(A) publish a final report and plan; and
(B) begin implementation of the best practices pursuant to such final plan.
FOR
Web posting.
Implementation
plan.
Update.
Deadlines.
Publications.
CHAPTER 2—MITIGATING SHORTAGES
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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:
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Applicability.
Deadline.
21 USC 360 note.
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‘‘(5) The requirements of paragraphs (1) and (2) shall apply
regardless of whether the drug or device undergoes further manufacture, preparation, propagation, compounding, or processing at
a separate establishment outside the United States prior to being
imported or offered for import into the United States.’’.
(b) UPDATING REGULATIONS.—Not later than 2 years after the
date of enactment of this Act, the Secretary of Health and Human
Services shall update regulations, as appropriate, to implement
the amendment made by subsection (a).
Labeling.
SEC. 2512. EXTENDING EXPIRATION DATES FOR CERTAIN DRUGS.
Deadline.
Guidance.
Revision.
21 USC 355 note.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ‘‘Secretary’’) shall issue draft
guidance, or revise existing guidance, to address recommendations
for sponsors of applications submitted under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section
351 of the Public Health Service Act (42 U.S.C. 262) regarding—
(1) the submission of stability testing data in such applications, including considerations for data requirements that could
be streamlined or reduced to facilitate faster review of longer
proposed expiration dates;
(2) establishing in the labeling of drugs the longest feasible
expiration date scientifically supported by such data, taking
into consideration how extended expiration dates may—
(A) help prevent or mitigate drug shortages; and
(B) affect product quality; and
(3) the use of innovative approaches for drug and combination product stability modeling to support initial product expiration dates and expiration date extensions.
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act, and again 2 years thereafter, the Secretary shall submit
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that includes—
(1) the number of drugs for which the Secretary has
requested the manufacturer make a labeling change regarding
the expiration date; and
(2) for each drug for which the Secretary has requested
a labeling change with respect to the expiration date, information regarding the circumstances of such request, including—
(A) the name and dose of such drug;
(B) the rationale for the request;
(C) whether the drug, at the time of the request, was
listed on the drug shortage list under section 506E of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e),
or was at risk of shortage;
(D) whether the request was made in connection with
a public health emergency declared under section 319 of
the Public Health Service Act (42 U.S.C. 247d); and
(E) whether the manufacturer made the requested
change by the requested date, and for instances where
the manufacturer does not make the requested change,
the manufacturer’s justification for not making the change,
if the manufacturer agrees to provide such justification
for inclusion in the report.
Data.
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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.
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SEC. 2514. PREVENTING MEDICAL DEVICE SHORTAGES.
Deadlines.
(a) NOTIFICATIONS.—Section 506J of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356j) is amended—
(1) in subsection (f), by inserting ‘‘or (h)’’ after ‘‘subsection
(a)’’;
(2) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(3) by inserting after subsection (g) the following:
‘‘(h) ADDITIONAL NOTIFICATIONS.—The Secretary may receive
voluntary notifications from a manufacturer of a device that is
life-supporting, life-sustaining, or intended for use in emergency
medical care or during surgery, or any other device the Secretary
determines to be critical to the public health, pertaining to a permanent discontinuance in the manufacture of the device (except for
any discontinuance as a result of an approved modification of the
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21 USC 356j
note.
Recommendations.
Timeframes.
Processes.
21 USC 356j
note.
List.
PUBLIC LAW 117–328—DEC. 29, 2022
device) or an interruption of the manufacture of the device that
is likely to lead to a meaningful disruption in the supply of that
device in the United States, and the reasons for such discontinuance
or interruption.’’.
(b) GUIDANCE ON VOLUNTARY NOTIFICATIONS OF DISCONTINUANCE OR INTERRUPTION OF DEVICE MANUFACTURE.—Not later than
1 year after the date of enactment of this Act, the Secretary shall
issue draft guidance to facilitate voluntary notifications under subsection (h) of section 506J of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 356j), as added by subsection (a). Such guidance
shall include a description of circumstances in which a voluntary
notification under such subsection (h) may be appropriate, recommended timeframes for such a notification, the process for
receiving such a notification, and actions the Secretary may take
to mitigate or prevent a shortage resulting from a discontinuance
or interruption in the manufacture of a device for which such
notification is received. The Secretary shall issue final guidance
not later than 1 year after the close of the comment period for
the draft guidance.
(c) GUIDANCE ON DEVICE SHORTAGE NOTIFICATION REQUIREMENT.—Not later than 1 year after the date of enactment of this
Act, the Secretary shall issue or revise draft guidance regarding
requirements under section 506J of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356j). Such guidance shall include a list
of each device product code for which a manufacturer of such
device is required to notify the Secretary in accordance with section
506J.
SEC. 2515. TECHNICAL CORRECTIONS.
21 USC 356c.
21 USC 374.
21 USC 360.
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21 USC 356c
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(a) TECHNICAL CORRECTIONS TO THE CARES ACT.—Division
A of the CARES Act (Public Law 116–136) is amended—
(1) in section 3111(1), by striking ‘‘in paragraph (1)’’ and
inserting ‘‘in the matter preceding paragraph (1)’’;
(2) in section 3112(d)(1), by striking ‘‘and subparagraphs
(A) and (B)’’ and inserting ‘‘as subparagraphs (A) and (B)’’;
and
(3) in section 3112(e), by striking ‘‘Federal Food, Drug,
Cosmetic Act’’ and inserting ‘‘Federal Food, Drug, and Cosmetic
Act’’.
(b) TECHNICAL CORRECTIONS TO THE FEDERAL FOOD, DRUG,
AND COSMETIC ACT RELATED TO THE CARES ACT.—
(1) SECTION 506C.—Section 506C(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356c(a)) is amended, in
the flush text at the end, by striking the second comma after
‘‘in the United States’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect as if included in section 3112 of division
A of the CARES Act (Public Law 116–136).
(c) OTHER TECHNICAL CORRECTION TO THE FEDERAL FOOD,
DRUG, AND COSMETIC ACT.—Section 505B(f)(6)(I) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355c(f)(6)(I)) is amended
by striking ‘‘subsection (a)(3)(B)’’ and inserting ‘‘subsection
(a)(4)(C)’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5807
TITLE III—FOOD AND DRUG
ADMINISTRATION
Food and Drug
Omnibus Reform
Act of 2022.
21 USC 301 note.
SEC. 3001. SHORT TITLE.
This title may be cited as the ‘‘Food and Drug Omnibus Reform
Act of 2022’’.
SEC. 3002. DEFINITION.
In this title, except as otherwise specified, the term ‘‘Secretary’’
means the Secretary of Health and Human Services.
21 USC 350a–1
note.
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
(21 U.S.C. 355(u)) is amended—
(1) in paragraph (1)(A)(ii)(II), by adding ‘‘(other than
availability studies)’’ after ‘‘any clinical investigations’’;
(2) in paragraph (4), by striking ‘‘December 24, 2022’’
inserting ‘‘October 1, 2027’’.
Act
bioand
and
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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’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
131 Stat. 1073.
3108.
REAUTHORIZATION OF REPORTING REQUIREMENTS
RELATED TO PENDING GENERIC DRUG APPLICATIONS
AND PRIORITY REVIEW APPLICATIONS.
Section 807 of the FDA Reauthorization Act of 2017 (Public
Law 115–52) is amended, in the matter preceding paragraph (1),
by striking ‘‘December 23, 2022’’ and inserting ‘‘October 1, 2027’’.
SEC. 3109. REAUTHORIZATION OF THIRD-PARTY REVIEW PROGRAM.
Section 523(c) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360m(c)) is amended by striking ‘‘December 24, 2022’’
and inserting ‘‘on October 1, 2027’’ .
Subtitle B—Drugs and Biologics
CHAPTER 1—RESEARCH, DEVELOPMENT, AND
COMPETITION IMPROVEMENTS
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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’’;
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PUBLIC LAW 117–328—DEC. 29, 2022
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) ADDITIONAL ONE-TIME REPORT.—Within 180 days of the
date of enactment of the Food and Drug Omnibus Reform Act
of 2022, all holders of applications approved under subsection (a)
or (k) of section 351 of the Public Health Service Act shall review
the information in the list published under section 351(k)(9)(A)
of the Public Health Service Act and shall submit a written notice
to the Secretary—
‘‘(1) stating that all of the application holder’s biological
products in the list published under such section 351(k)(9)(A)
that are not listed as discontinued are available for sale; or
‘‘(2) including the information required pursuant to subsection (a) or (b), as applicable, for each of the application
holder’s biological products that are in the list published under
such section 351(k)(9)(A) and not listed as discontinued, but
have been discontinued from sale or never have been available
for sale.’’.
(c) PURPLE BOOK.—Section 506I of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356i) is amended—
(1) by striking subsection (d) and inserting the following:
‘‘(d) FAILURE TO MEET REQUIREMENTS.—If a holder of an
approved application fails to submit the information required under
subsection (a), (b), or (c), the Secretary may—
‘‘(1) move the application holder’s drugs from the active
section of the list published under section 505(j)(7)(A) to the
discontinued section of the list, except that the Secretary shall
remove from the list in accordance with section 505(j)(7)(C)
drugs the Secretary determines have been withdrawn from
sale for reasons of safety or effectiveness; and
‘‘(2) identify the application holder’s biological products as
discontinued in the list published under section 351(k)(9)(A)
of the Public Health Service Act, except that the Secretary
shall remove from the list in accordance with section
351(k)(9)(B) of such Act biological products for which the license
has been revoked or suspended for reasons of safety, purity,
or potency.’’; and
(2) in subsection (e)—
(A) by inserting after the first sentence the following:
‘‘The Secretary shall update the list published under section
351(k)(9)(A) of the Public Health Service Act based on
information provided under subsections (a), (b), and (c)
by identifying as discontinued biological products that are
not available for sale, except that biological products for
which the license has been revoked or suspended for safety,
purity, or potency reasons shall be removed from the list
in accordance with section 351(k)(9)(B) of the Public Health
Service Act.’’;
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(B) by striking ‘‘monthly updates to the list’’ and
inserting ‘‘monthly updates to the lists referred to in the
preceding sentences’’; and
(C) by striking ‘‘and shall update the list based on’’
and inserting ‘‘and shall update such lists based on’’.
(d) TECHNICAL CORRECTIONS.—Section 506I(e) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356i(e)) is amended—
(1) by striking ‘‘subsection 505(j)(7)(A)’’ and inserting ‘‘section 505(j)(7)(A)’’; and
(2) by striking ‘‘subsection 505(j)(7)(C)’’ and inserting ‘‘section 505(j)(7)(C)’’.
SEC. 3202. IMPROVING THE TREATMENT OF RARE DISEASES AND
CONDITIONS.
(a) REPORT ON ORPHAN DRUG PROGRAM.—
(1) IN GENERAL.—Not later than September 30, 2026, the
Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate a
report summarizing the activities of the Food and Drug
Administration, with respect to the period of fiscal years 2023
through fiscal year 2025, related to designating drugs under
section 526 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bb) for a rare disease or condition and approving
such drugs under section 505 of such Act (21 U.S.C. 355)
or licensing such drugs under section 351 of the Public Health
Service Act (42 U.S.C. 262), including—
(A) the number of applications for such drugs under
section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355) or section 351 of the Public Health Service
Act (42 U.S.C. 262) received by the Food and Drug Administration, the number of such applications accepted and
rejected for filing, and the numbers of such applications
pending, approved, and for which a complete response letter
has been issued by the Food and Drug Administration;
(B) the number of applications for which the sponsor
requested written recommendations pursuant to section
525 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360aa) and the number of such applications for which
the sponsor received such written recommendations;
(C) a description of trends in drug approvals for rare
diseases and conditions across review divisions at the Food
and Drug Administration;
(D) the extent to which the Food and Drug Administration is consulting with external experts pursuant to section
569(a)(2) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb–8(a)(2)) on topics pertaining to drugs
for a rare disease or condition, including how and when
any such consultation is occurring;
(E) the number of applications for which the Secretary
allowed the sponsor to rely upon data and information
pursuant to section 529A of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff–1); and
(F) a description of the Food and Drug Administration’s
efforts to promote best practices in the development of
novel treatments for rare diseases or conditions,
including—
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Time period.
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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) PUBLIC AVAILABILITY.—The Secretary shall make the
report under paragraph (1) available to the public, including
by posting the report on the website of the Food and Drug
Administration.
(3) INFORMATION DISCLOSURE.—Nothing in this subsection
shall be construed to authorize the disclosure of information
that is prohibited from disclosure under section 301(j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) or
section 1905 of title 18, United States Code, or subject to
withholding under paragraph (4) of section 552(b) of title 5,
United States Code (commonly referred to as the ‘‘Freedom
of Information Act’’).
(b) GUIDANCE.—Not later than 9 months after the date of
enactment of this Act, the Secretary shall publish final guidance
related to the draft guidance titled, ‘‘Rare Diseases: Common Issues
in Drug Development’’, issued on February 1, 2019.
(c) STUDY ON EUROPEAN UNION SAFETY AND EFFICACY REVIEWS
OF DRUGS FOR RARE DISEASES AND CONDITIONS.—
(1) IN GENERAL.—The Secretary shall enter into a contract
with the National Academies of Sciences, Engineering, and
Medicine (referred to in this section as the ‘‘National Academies’’) to conduct a study on processes for evaluating the
safety and efficacy of drugs for rare diseases or conditions
in the United States and the European Union, including—
(A) flexibilities, authorities, or mechanisms available
to regulators in the United States and the European Union
specific to rare diseases or conditions;
(B) the consideration and use of supplemental data
submitted during review processes in the United States
and the European Union, including data associated with
open label extension studies and expanded access programs
specific to rare diseases or conditions;
(C) an assessment of collaborative efforts between
United States and European Union regulators related to—
(i) product development programs under review;
(ii) policies under development and those recently
issued; and
(iii) scientific information related to product
development or regulation; and
(D) recommendations for how Congress can support
collaborative efforts described in subparagraph (C).
(2) CONSULTATION.—The contract under paragraph (1) shall
provide for consultation with relevant stakeholders, including—
(A) representatives from the Food and Drug Administration and the European Medicines Agency;
(B) patients with rare diseases or conditions; and
(C) patient groups that—
(i) represent patients with rare diseases or conditions; and
(ii) have international patient outreach.
(3) REPORT.—The contract under paragraph (1) shall provide for, not later than 2 years after the date of entering
into such contract—
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Deadline.
Publication.
Contracts.
Data.
Assessment.
Recommendations.
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PUBLIC LAW 117–328—DEC. 29, 2022
(A) the completion of the study under paragraph (1);
and
Web posting.
Deadline.
Public comments.
Time period.
Web posting.
Recommendations.
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(B) the submission of a report on the results of such
study to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
(4) PUBLIC AVAILABILITY.—The contract under paragraph
(1) shall provide for the National Academies to make the report
under paragraph (3) available to the public, including by posting
the report on the website of the National Academies.
(d) PUBLIC MEETING.—
(1) IN GENERAL.—Not later than December 31, 2023, the
Secretary, acting through the Commissioner of Food and Drugs,
shall convene one or more public meetings to solicit input
from stakeholders regarding the approaches described in paragraph (2).
(2) APPROACHES.—The public meeting or meetings under
paragraph (1) shall address approaches to increasing and
improving engagement with rare disease or condition patients,
groups representing such patients, rare disease or condition
experts, and experts on small population studies, in order to
improve the understanding with respect to rare diseases or
conditions of—
(A) patient burden;
(B) treatment options; and
(C) side effects of treatments, including understanding
the risks of side effects relative to the health status of
the patient and the progression of the disease or condition.
(3) PUBLIC DOCKET.—The Secretary shall establish a public
docket to receive written comments related to the approaches
addressed during each public meeting under paragraph (1).
Such public docket shall remain open for 60 days following
the date of each such public meeting.
(4) REPORTS.—Not later than 180 days after each public
meeting under paragraph (1), the Commissioner of Food and
Drugs shall develop and publish on the website of the Food
and Drug Administration a report on—
(A) the approaches discussed at the public meeting;
and
(B) any related recommendations.
(e) CONSULTATION ON THE SCIENCE OF SMALL POPULATION
STUDIES.—Section 569(b) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360bbb–8(b)) is amended—
(1) in paragraph (6), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (7), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following:
‘‘(8) the science of small population studies.’’.
(f) GAO REPORT.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives, a report
assessing the policies, practices, and programs of the Food
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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) assess the effectiveness of policies and practices
of the Food and Drug Administration related to the review
of applications for drugs and biological products intended
to treat rare diseases and conditions, including—
(i) initiatives to support the development and
review of drugs and biological products intended to
treat rare diseases and conditions, including initiatives
related to regulatory science, clinical trial design,
statistical analysis, and other relevant topics;
(ii) consideration of relevant patient-focused drug
development data and information, including patient
experience data and the views of patients, pursuant
to section 569C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–8c);
(iii) training and other efforts to ensure the expertise of personnel of the Food and Drug Administration
regarding the review of applications for drugs and
biological products intended to treat rare diseases and
conditions; and
(iv) consultations and engagement with stakeholders and external experts pursuant to section 569
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb–8);
(D) assess the extent to which the Food and Drug
Administration is applying the policies and practices
described in subparagraph (C) consistently across review
divisions, and the factors that influence the extent to which
such application is consistent; and
(E) include recommendations to address challenges and
deficiencies identified, including recommendations to
improve the effectiveness, consistency, and coordination of
policies, practices, and programs of the Food and Drug
Administration related to the review of applications for
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Assessment.
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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:
21 USC
360bbb–5a.
‘‘SEC. 566A. EMERGING TECHNOLOGY PROGRAM.
‘‘(a) PROGRAM ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary shall establish a program
to support the adoption of, and improve the development of,
innovative approaches to drug design and manufacturing.
‘‘(2) ACTIONS.—In carrying out the program under paragraph (1), the Secretary may—
‘‘(A) facilitate and increase communication between
public and private entities, consortia, and individuals with
respect to innovative drug product design and manufacturing;
‘‘(B) solicit information regarding, and conduct or support research on, innovative approaches to drug product
design and manufacturing;
‘‘(C) convene meetings with representatives of industry,
academia, other Federal agencies, international agencies,
and other interested persons, as appropriate;
‘‘(D) convene working groups to support drug product
design and manufacturing research and development;
‘‘(E) support education and training for regulatory staff
and scientists related to innovative approaches to drug
product design and manufacturing;
‘‘(F) advance regulatory science related to the development and review of innovative approaches to drug product
design and manufacturing;
‘‘(G) convene or participate in working groups to support the harmonization of international regulatory requirements related to innovative approaches to drug product
design and manufacturing; and
‘‘(H) award grants or contracts to carry out or support
the program under paragraph (1).
‘‘(3) GRANTS AND CONTRACTS.—To seek a grant or contract
under this section, an entity shall submit an application—
‘‘(A) in such form and manner as the Secretary may
require; and
‘‘(B) containing such information as the Secretary may
require, including a description of—
‘‘(i) how the entity will conduct the activities to
be supported through the grant or contract; and
‘‘(ii) how such activities will further research and
development related to, or adoption of, innovative
approaches to drug product design and manufacturing.
‘‘(b) GUIDANCE.—The Secretary shall—
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Grants.
Contracts.
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136 STAT. 5815
‘‘(1) issue or update guidance to help facilitate the adoption
of, and advance the development of, innovative approaches
to drug product design and manufacturing; and
‘‘(2) include in such guidance descriptions of—
‘‘(A) any regulatory requirements related to the
development or review of technologies related to innovative
approaches to drug product design and manufacturing,
including updates and improvements to such technologies
after product approval; and
‘‘(B) data that can be used to demonstrate the identity,
safety, purity, and potency of drugs manufactured using
such technologies.
‘‘(c) REPORT TO CONGRESS.—Not later than 4 years after the
date of enactment of this section, the Secretary shall submit to
the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report containing—
‘‘(1) an annual accounting of the allocation of funds made
available to carry out this section;
‘‘(2) a description of how Food and Drug Administration
staff were utilized to carry out this section and, as applicable,
any challenges or limitations related to staffing;
‘‘(3) the number of public meetings held or participated
in by the Food and Drug Administration pursuant to this
section, including meetings convened as part of a working group
described in subparagraph (D) or (G) of subsection (a)(2), and
the topics of each such meeting; and
‘‘(4) the number of drug products approved or licensed,
after the date of enactment of this section, using an innovative
approach to drug product design and manufacturing.’’.
Update.
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:
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‘‘SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND
CONTINUOUS PHARMACEUTICAL MANUFACTURING.
‘‘(a) IN GENERAL.—The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs—
‘‘(1) may, to support the advancement, development, and
implementation of advanced and continuous pharmaceutical
manufacturing—
‘‘(A) solicit requests for designation as National Centers
of Excellence in Advanced and Continuous Pharmaceutical
Manufacturing (in this section referred to as a ‘National
Center of Excellence’);
‘‘(B) beginning not later than one year after the date
of enactment of the Food and Drug Omnibus Reform Act
of 2022, designate as National Centers of Excellence
institutions of higher education or consortia of institutions
of higher education that—
‘‘(i) request such designation; and
‘‘(ii) meet the eligibility criteria specified in subsection (c); and
‘‘(C) award grants to such institutions or consortia
of institutions; and
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Designations.
Grants.
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Designations.
Plan.
Deadline.
Designation.
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‘‘(2) shall so designate not more than 5 institutions of
higher education or consortia of such institutions.
‘‘(b) REQUEST FOR DESIGNATION.—A request for designation
under subsection (a) shall be made to the Secretary at such time,
in such manner, and containing such information as the Secretary
may require.
‘‘(c) ELIGIBILITY CRITERIA FOR DESIGNATION.—To be eligible
to receive a designation under this section, an institution of higher
education or consortium of institutions of higher education shall
include in its request for designation a description of the institution’s or consortium’s—
‘‘(1) physical capacity and technical capabilities to conduct
advanced research on, and to develop and implement, advanced
and continuous pharmaceutical manufacturing;
‘‘(2) collaboration or partnerships with other institutions
of higher education, nonprofit organizations, and large and
small pharmaceutical manufacturers, including generic and
nonprescription manufacturers, contract manufacturers, and
other relevant entities;
‘‘(3) proven capacity to design, develop, implement, and
demonstrate new, highly effective technologies for use in
advanced and continuous pharmaceutical manufacturing;
‘‘(4) proven ability to facilitate training of a qualified
workforce for advanced research on, and development and
implementation of, advanced and continuous pharmaceutical
manufacturing; and
‘‘(5)(A) experience in participating in and leading advanced
and continuous pharmaceutical manufacturing technology partnerships with other institutions of higher education, nonprofit
organizations, and large and small pharmaceutical manufacturers, including generic and nonprescription manufacturers, contract manufacturers, and other relevant entities to—
‘‘(i) support the implementation of advanced or continuous pharmaceutical manufacturing for companies manufacturing or seeking to manufacture in the United States;
‘‘(ii) support Federal agencies with technical assistance
and workforce training, which may include regulatory and
quality metric guidance as applicable, and hands-on
training, for advanced and continuous pharmaceutical
manufacturing;
‘‘(iii) organize and conduct advanced research and
development activities, with respect to advanced or continuous pharmaceutical manufacturing, needed to develop new
and more effective technology, and to develop and support
technological leadership;
‘‘(iv) develop best practices for designing, developing,
and implementing advanced and continuous pharmaceutical manufacturing processes; and
‘‘(v) identify and assess workforce needs for advanced
and continuous pharmaceutical manufacturing, and
address such workforce needs, which may include the
development and implementing of training programs; or
‘‘(B) a plan, to be implemented within 2 years, to establish
partnerships described in subparagraph (A).
‘‘(d) TERMINATION OF DESIGNATION.—The Secretary may terminate the designation of any National Center of Excellence designated under this section if the Secretary determines such National
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5817
Center of Excellence no longer meets the criteria specified in subsection (c). Not later than 90 days before the effective date of
such a termination, the Secretary shall provide written notice to
the National Center of Excellence, including the rationale for such
termination.
‘‘(e) CONDITIONS FOR DESIGNATION.—As a condition of designation as a National Center of Excellence under this section, the
Secretary shall require that an institution of higher education or
consortium of institutions of higher education enter into an agreement with the Secretary under which the institution or consortium
agrees—
‘‘(1) to collaborate directly with the Food and Drug Administration to publish the reports required by subsection (g);
‘‘(2) to share data with the Food and Drug Administration
regarding best practices and research generated through the
funding under subsection (f);
‘‘(3) to develop, along with industry partners (which may
include large and small pharmaceutical manufacturers,
including generic and nonprescription manufacturers, and contract research organizations or contract manufacturers that
carry out drug development and manufacturing activities) and
another institution or consortium designated under this section,
if any, a strategic plan for developing an advanced and continuous pharmaceutical manufacturing workforce;
‘‘(4) to develop, along with industry partners and other
institutions or consortia of such institutions designated under
this section, a strategic plan for strengthening existing, and
developing new, partnerships with other institutions of higher
education or consortia thereof, or nonprofit organizations; and
‘‘(5) to provide an annual report to the Food and Drug
Administration regarding the designee’s activities under this
section, including a description of how the designee continues
to meet and make progress on the criteria specified in subsection (c).
‘‘(f) FUNDING.—
‘‘(1) IN GENERAL.—The Secretary shall award funding,
through grants, contracts, or cooperative agreements, to the
entities designated as National Centers of Excellence under
this section for the purposes of supporting the advanced
research on, and development and implementation of, advanced
and continuous pharmaceutical manufacturing, and recommending improvements to advanced and continuous pharmaceutical manufacturing, including—
‘‘(A) expanding capacity for advanced research on, and
development of, advanced and continuous pharmaceutical
manufacturing; and
‘‘(B) implementing advanced research capacity and
capabilities in advanced and continuous pharmaceutical
manufacturing suitable for accelerating the development
of drug products needed to respond to public health threats,
mitigate or prevent drug shortages, address drug quality
issues and supply chain disruptions, and other circumstances with respect to which the Secretary may determine the rapid development of new products or new manufacturing processes may be appropriate.
‘‘(2) CONSISTENCY WITH FDA MISSION.—As a condition on
receipt of funding under this subsection, a National Center
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Notice.
Requirements.
Contracts.
Strategic plan.
Strategic plan.
Reports.
Grants.
Contracts.
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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) include in such report an accounting of the Federal
administrative expenses described in subsection (i)(2) over
the reporting period; and
‘‘(C) make such report available to the public in an
easily accessible electronic format on the website of the
Food and Drug Administration.
‘‘(2) CENTER OF EXCELLENCE REPORT.—An entity receiving
a grant under this section shall, not later than 1 year after
receiving such grant, and annually thereafter for the duration
of the grant period, submit to the Secretary a summary of
programs and activities funded under the grant.
‘‘(3) PERIODIC REVIEW.—The Secretary shall periodically
review the National Centers of Excellence designated under
this section to ensure that such National Centers of Excellence
continue to meet the criteria for designation under this section.
‘‘(4) ADDITIONAL REPORT TO CONGRESS.—Not later than 1
year after the date on which the first designation is made
under subsection (a), the Secretary, in consultation with the
National Centers of Excellence designated under this section,
shall submit a report to the Congress on the role of the Food
and Drug Administration in supporting advanced and continuous pharmaceutical manufacturing, including—
‘‘(A) a national framework of principles related to the
implementation of advanced and continuous pharmaceutical manufacturing;
‘‘(B) a plan for the development of Federal regulations
and guidance to support and facilitate the incorporation
of advanced or continuous manufacturing into the development of pharmaceuticals;
‘‘(C) a plan for development of Federal regulations
or guidance related to the review of advanced and continuous pharmaceutical manufacturing, including how such
Expenses.
Public
information.
Web posting.
Summary.
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Plans.
Guidance.
Regulations.
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136 STAT. 5819
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manufacturing practices may be incorporated into the
review of medical product applications; and
‘‘(D) a summary of relevant feedback related to
improving advanced and continuous pharmaceutical manufacturing solicited from the public, which may include other
institutions of higher education, nonprofit organizations,
and large and small pharmaceutical manufacturers,
including generic and nonprescription manufacturers, and
contract manufacturers, and other relevant entities.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) ADVANCED AND CONTINUOUS PHARMACEUTICAL MANUFACTURING.—The term ‘advanced and continuous pharmaceutical manufacturing’ refers to a method of pharmaceutical
manufacturing, or a combination of pharmaceutical manufacturing methods—
‘‘(A) that incorporates a novel technology, or uses an
established technique or technology in a new or innovative
way, that enhances drug quality or improves the manufacturing process for a drug, including processes that may
apply to advanced therapies and the production of biological
products, such as cell and gene therapies; or
‘‘(B) for which the input materials are continuously
fed into and transformed within the process, and the output
materials are continuously removed from the system, utilizing an integrated manufacturing process that consists
of a series of 2 or more simultaneous unit operations.
‘‘(2) BIOLOGICAL PRODUCT.—The term ‘biological product’
has the meaning given such term in section 351(i) of the Public
Health Service Act (42 U.S.C. 262(i)).
‘‘(3) DRUG.—The term ‘drug’ has the meaning given such
term in section 201(g) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(g)).
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given such term
in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary
of Health and Human Services.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $100,000,000 for the period of fiscal
years 2023 through 2027.
‘‘(2) FEDERAL ADMINISTRATIVE EXPENSES.—Of the amounts
made available to carry out this section for a fiscal year, the
Secretary shall not use more than 8 percent for Federal
administrative expenses, including training, technical assistance, reporting, and evaluation.’’.
(b) TRANSITION RULE.—Section 3016 of the 21st Century Cures
Act (21 U.S.C. 399h), as in effect on the day before the date
of the enactment of this section, shall apply with respect to grants
awarded under such section before such date of enactment.
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Summary.
Time periods.
Applicability.
21 USC 399h
note.
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136 STAT. 5820
130 Stat. 1034.
PUBLIC LAW 117–328—DEC. 29, 2022
(c) CLERICAL AMENDMENT.—The item relating to section 3016
in the table of contents in section 1(b) of the 21st Century Cures
Act (Public Law 114–255) is amended to read as follows:
‘‘Sec. 3016. National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing.’’.
SEC. 3205. PUBLIC WORKSHOP ON CELL THERAPIES.
Deadline.
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.
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(a) GAO REVIEW.—The Comptroller General of the United
States (referred to in this section as the ‘‘Comptroller General’’)
shall prepare a report on—
(1) what is known about nonprofit pharmaceutical manufacturing organizations, including the impact of such organizations
on the development, availability, and cost of prescription drugs
in the United States, which may include information with
respect to the capacity and capability to help prevent or mitigate shortages of such drugs, and any challenges to manufacturing or other operations; and
(2) recommendations to address such challenges.
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Comptroller General shall submit the report
described in subsection (a) to the Committee on Health, Education,
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5821
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives.
SEC. 3208. RARE DISEASE ENDPOINT ADVANCEMENT PILOT PROGRAM.
(a) IN GENERAL.—The Secretary shall establish a pilot program
under which the Secretary establishes procedures to provide
increased interaction with sponsors of rare disease drug development programs for purposes of advancing the development of efficacy endpoints, including surrogate and intermediate endpoints,
for drugs intended to treat rare diseases, including through—
(1) determining eligibility of participants for such program;
and
(2) developing and implementing a process for applying
to, and participating in, such a program.
(b) PUBLIC WORKSHOPS.—The Secretary shall conduct up to
3 public workshops, which shall be completed not later than September 30, 2026, to discuss topics relevant to the development
of endpoints for rare diseases, which may include discussions
about—
(1) novel endpoints developed through the pilot program
established under this section; and
(2) as appropriate, the use of real world evidence and
real world data to support the validation of efficacy endpoints,
including surrogate and intermediate endpoints, for rare diseases.
(c) REPORTS.—
(1) INTERIM REPORT.—Not later than September 30, 2026,
the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives
a report describing the completed and ongoing activities in
the pilot program established under this section and public
workshops described in subsection (b).
(2) FINAL REPORT.—Not later than September 30, 2027,
the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives
a report describing the outcomes of the pilot program established under this section.
(d) GUIDANCE.—Not later than September 30, 2027, the Secretary shall issue guidance describing best practices and strategies
for development of efficacy endpoints, including surrogate and intermediate endpoints, for rare diseases.
(e) SUNSET.—The Secretary may not accept any new application
or request to participate in the program established by this section
on or after October 1, 2027.
21 USC 360aa
note.
Procedures.
Process.
Deadline.
Deadline.
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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:
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136 STAT. 5822
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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.
Web posting.
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Deadline.
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(a) IN GENERAL.—Section 506(c) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356(c)) is amended—
(1) in paragraph (2)—
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and adjusting the margins
accordingly;
(B) by striking ‘‘Approval of a product’’ and inserting
the following:
‘‘(A) IN GENERAL.—Approval of a product’’;
(C) in clause (i) of such subparagraph (A), as so redesignated, by striking ‘‘appropriate postapproval studies’’ and
inserting ‘‘an appropriate postapproval study or studies’’;
and
(D) by adding at the end the following:
‘‘(B) STUDIES NOT REQUIRED.—If the Secretary does
not require that the sponsor of a product approved under
accelerated approval conduct a postapproval study under
this paragraph, the Secretary shall publish on the website
of the Food and Drug Administration the rationale for
why such study is not appropriate or necessary.
‘‘(C) POSTAPPROVAL STUDY CONDITIONS.—Not later than
the date of approval of a product under accelerated
approval, the Secretary shall specify the conditions for
a postapproval study or studies required to be conducted
under this paragraph with respect to such product, which
may include enrollment targets, the study protocol, and
milestones, including the target date of study completion.
‘‘(D) STUDIES BEGUN BEFORE APPROVAL.—The Secretary
may require, as appropriate, a study or studies to be underway prior to approval, or within a specified time period
after the date of approval, of the applicable product.’’; and
(2) in paragraph (3)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘(as prescribed by the Secretary in regulations
which shall include an opportunity for an informal
hearing)’’ and inserting ‘‘described in subparagraph (B)’’;
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PUBLIC LAW 117–328—DEC. 29, 2022
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) due notice;
‘‘(II) an explanation for the proposed withdrawal;
‘‘(III) an opportunity for a meeting with the
Commissioner or the Commissioner’s designee; and
‘‘(IV) an opportunity for written appeal to—
‘‘(aa) the Commissioner; or
‘‘(bb) a designee of the Commissioner who
has not participated in the proposed withdrawal of approval (other than a meeting
pursuant to subclause (III)) and is not subordinate of an individual (other than the Commissioner) who participated in such proposed
withdrawal;
‘‘(ii) providing an opportunity for public comment
on the proposal to withdraw approval;
‘‘(iii) the publication of a summary of the public
comments received, and the Secretary’s response to
such comments, on the website of the Food and Drug
Administration; and
‘‘(iv) convening and consulting an advisory committee on issues related to the proposed withdrawal,
if requested by the sponsor and if no such advisory
committee has previously advised the Secretary on
such issues with respect to the withdrawal of the
product prior to the sponsor’s request.’’.
(b) REPORTS OF POSTMARKETING STUDIES.—Section 506B(a) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356b(a))
is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
‘‘(2) ACCELERATED APPROVAL.—Notwithstanding paragraph
(1), a sponsor of a drug approved pursuant to accelerated
approval shall submit to the Secretary a report of the progress
of any study required under section 506(c), including progress
toward enrollment targets, milestones, and other information
as required by the Secretary, not later than 180 days after
the approval of such drug and not less frequently than every
180 days thereafter, until the study is completed or terminated.
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Notice.
Appeal.
Public comment.
Summary.
Web posting.
Consultation.
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Web posting.
21 USC 356 note.
Deadlines.
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21 USC 356–2.
Deadline.
Establishment.
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The Secretary shall promptly publish on the website of the
Food and Drug Administration, in an easily searchable format,
the information reported under this paragraph.’’.
(c) ENFORCEMENT.—Section 301 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331), as amended by title II, is further
amended by adding at the end the following:
‘‘(ggg) The failure of a sponsor of a product approved under
accelerated approval pursuant to section 506(c)—
‘‘(1) to conduct with due diligence any postapproval study
required under section 506(c) with respect to such product;
or
‘‘(2) to submit timely reports with respect to such product
in accordance with section 506B(a)(2).’’.
(d) GUIDANCE.—
(1) IN GENERAL.—The Secretary shall issue guidance
describing—
(A) how sponsor questions related to the identification
of novel surrogate or intermediate clinical endpoints may
be addressed in early-stage development meetings with
the Food and Drug Administration;
(B) the use of novel clinical trial designs that may
be used to conduct appropriate postapproval studies as
may be required under section 506(c)(2)(A) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356(c)(2)(A)), as
amended by subsection (a);
(C) the expedited procedures described in section
506(c)(3)(B) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 356(c)(3)(B)); and
(D) considerations related to the use of surrogate or
intermediate clinical endpoints that may support the accelerated approval of an application under 506(c)(1)(A) of such
Act (21 U.S.C. 356(c)(1)(A)), including considerations in
evaluating the evidence related to any such endpoints.
(2) FINAL GUIDANCE.—The Secretary shall issue—
(A) draft guidance under paragraph (1) not later than
18 months after the date of enactment of this Act; and
(B) final guidance not later than 1 year after the close
of the public comment period on such draft guidance.
(e) ACCELERATED APPROVAL COUNCIL.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall establish an intraagency 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.
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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) PUBLICATION OF A REPORT.—Not later than 1 year after
the date of enactment of this Act, and annually thereafter,
the Council shall publish on the public website of the Food
and Drug Administration a report on the activities of the
Council.
(f) RULE OF CONSTRUCTION.—Nothing in this section (including
the amendments made by this section) shall be construed to affect
ongoing withdrawal proceedings for products approved pursuant
to section 506(c) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 356(c)) for which a notice of proposed withdrawal has
been published in the Federal Register prior to the date of enactment of this Act. Such proceedings may continue under procedures
in effect prior to the date of enactment of this Act.
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SEC. 3211. ANTIFUNGAL RESEARCH AND DEVELOPMENT.
(a) DRAFT GUIDANCE.—Not later than 3 years after the date
of enactment of this Act, the Secretary, acting through the Commissioner of Food and Drugs, shall issue draft guidance for industry
for the purposes of assisting entities seeking approval under section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)
or licensure under section 351 of the Public Health Service Act
(42 U.S.C. 262) of antifungal therapies designed to treat coccidioidomycosis (commonly known as Valley Fever).
(b) FINAL GUIDANCE.—Not later than 18 months after the close
of the public comment period on the draft guidance issued pursuant
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Public
information.
Web posting.
21 USC 356 note.
Deadlines.
21 USC 355 note.
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PUBLIC LAW 117–328—DEC. 29, 2022
to subsection (a), the Secretary, acting through the Commissioner
of Food and Drugs, shall finalize the draft guidance.
(c) WORKSHOP.—To assist entities developing preventive vaccines for fungal infections and coccidioidomycosis, the Secretary
shall hold a public workshop.
SEC. 3212. ADVANCING QUALIFIED INFECTIOUS DISEASE PRODUCT
INNOVATION.
(a) IN GENERAL.—Section 505E of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355f) is amended—
(1) in subsection (c)—
(A) in paragraph (2), by striking ‘‘; or’’ and inserting
‘‘;’’;
(B) in paragraph (3), by striking the period and
inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(4) an application pursuant to section 351(a) of the Public
Health Service Act.’’;
(2) in subsection (d)(1), by inserting ‘‘of this Act or section
351(a) of the Public Health Service Act’’ after ‘‘section 505(b)’’;
and
(3) by amending subsection (g) to read as follows:
‘‘(g) QUALIFIED INFECTIOUS DISEASE PRODUCT.—The term
‘qualified infectious disease product’ means a drug (including a
biological product), including an antibacterial or antifungal drug,
for human use that—
‘‘(1) acts on bacteria or fungi or on substances produced
by such bacteria or fungi; and
‘‘(2) is intended to treat a serious or life-threatening infection, including such an infection caused by—
‘‘(A) an antibacterial or antifungal resistant pathogen,
including novel or emerging infectious pathogens; or
‘‘(B) qualifying pathogens listed by the Secretary under
subsection (f).’’.
(b) PRIORITY REVIEW.—Section 524A(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360n–1(a)) is amended by
inserting ‘‘of this Act, or section 351(a) of the Public Health Service
Act, that requires clinical data (other than bioavailability studies)
to demonstrate safety or effectiveness’’ before the period.
Definition.
SEC. 3213. ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION PROGRAM.
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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:
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‘‘SEC. 506L. ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION PROGRAM.
Deadline.
‘‘(a) IN GENERAL.—Not later than 1 year after the date of
enactment of this section, the Secretary shall initiate a program
under which persons may request designation of an advanced manufacturing technology as described in subsection (b).
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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) SUBMISSION.—A person who requests designation of
a method of manufacturing as an advanced manufacturing
technology under this section shall submit to the Secretary
data or information demonstrating that the method of manufacturing meets the criteria described in subsection (b) in a particular context of use. The Secretary may facilitate the development and review of such data or information by—
‘‘(A) providing timely advice to, and interactive communication with, such person regarding the development of
the method of manufacturing; and
‘‘(B) involving senior managers and experienced staff
of the Food and Drug Administration, as appropriate, in
a collaborative, cross-disciplinary review of the method of
manufacturing, as applicable.
‘‘(2) EVALUATION AND DESIGNATION.—Not later than 180
calendar days after the receipt of a request under paragraph
(1), the Secretary shall determine whether to designate such
method of manufacturing as an advanced manufacturing technology, in a particular context of use, based on the data and
information submitted under paragraph (1) and the criteria
described in subsection (b).
‘‘(d) REVIEW OF ADVANCED MANUFACTURING TECHNOLOGIES.—
If the Secretary designates a method of manufacturing as an
advanced manufacturing technology, the Secretary shall—
‘‘(1) expedite the development and review of an application
submitted under section 505 of this Act or section 351 of the
Public Health Service Act, including supplemental applications,
for drugs that are manufactured using a designated advanced
manufacturing technology; and
‘‘(2) allow the holder of an advanced technology designation,
or a person authorized by the advanced manufacturing technology designation holder, to reference or rely upon, in an
application submitted under section 505 of this Act or section
351 of the Public Health Service Act, including a supplemental
application, data and information about the designated
advanced manufacturing technology for use in manufacturing
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Deadline.
Determination.
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136 STAT. 5828
Federal Register,
publication.
Notice.
Deadline.
Recommendations.
Deadlines.
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Web posting.
Evaluations.
Analysis.
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drugs in the same context of use for which the designation
was granted.
‘‘(e) IMPLEMENTATION AND EVALUATION OF ADVANCED MANUFACTURING TECHNOLOGIES PROGRAM.—
‘‘(1) PUBLIC MEETING.—The Secretary shall publish in the
Federal Register a notice of a public meeting, to be held not
later than 180 days after the date of enactment of this section,
to discuss, and obtain input and recommendations from relevant
stakeholders regarding—
‘‘(A) the goals and scope of the program under this
section, and the framework, procedures, and requirements
suitable for such program; and
‘‘(B) ways in which the Food and Drug Administration
will support the use of advanced manufacturing technologies and other innovative manufacturing approaches
for drugs.
‘‘(2) PROGRAM GUIDANCE.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) not later than 180 days after the public meeting
under paragraph (1), issue draft guidance regarding
the goals and implementation of the program under
this section; and
‘‘(ii) not later than 2 years after the date of enactment of this section, issue final guidance regarding
the implementation of such program.
‘‘(B) CONTENT.—The guidance described in subparagraph (A) shall address—
‘‘(i) the process by which a person may request
a designation under subsection (b);
‘‘(ii) the data and information that a person
requesting such a designation is required to submit
under subsection (c), and how the Secretary intends
to evaluate such submissions;
‘‘(iii) the process to expedite the development and
review of applications under subsection (d); and
‘‘(iv) the criteria described in subsection (b) for
eligibility for such a designation.
‘‘(3) REPORT.—Not later than 3 years after the date of
enactment of this section and annually thereafter, the Secretary
shall publish on the website of the Food and Drug Administration and submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report containing a description and evaluation of the program being conducted under this section, including the types of innovative
manufacturing approaches supported under the program. Such
report shall include the following:
‘‘(A) The number of persons that have requested designations and that have been granted designations.
‘‘(B) The number of methods of manufacturing that
have been the subject of designation requests and that
have been granted designations.
‘‘(C) The average number of calendar days for completion of evaluations under subsection (c)(2).
‘‘(D) An analysis of the factors in data submissions
that result in determinations to designate and not to designate after evaluation under subsection (c)(2).
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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))’’.
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SEC. 3222. THERAPEUTIC EQUIVALENCE EVALUATIONS.
Section 505(j)(7)(A) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)(7)(A)) is amended by adding at the end the
following:
‘‘(v)(I) With respect to an application submitted pursuant to
subsection (b)(2) for a drug that is subject to section 503(b) for
which the sole difference from a listed drug relied upon in the
application is a difference in inactive ingredients not permitted
under clause (iii) or (iv) of section 314.94(a)(9) of title 21, Code
of Federal Regulations (or any successor regulations), the Secretary
shall make an evaluation with respect to whether such drug is
a therapeutic equivalent (as defined in section 314.3 of title 21,
Code of Federal Regulations (or any successor regulations)) to
another approved drug product in the prescription drug product
section of the list under this paragraph as follows:
‘‘(aa) With respect to such an application submitted after
the date of enactment of the Food and Drug Omnibus Reform
Act of 2022, the evaluation shall be made with respect to
a listed drug relied upon in the application pursuant to subsection (b)(2) that is a pharmaceutical equivalent (as defined
in section 314.3 of title 21, Code of Federal Regulations (or
any successor regulations)) to the drug in the application pursuant to subsection (b)(2) at the time of approval of such application or not later than 180 days after the date of such approval,
provided that the request for such an evaluation is made in
the original application (or in a resubmission to a complete
response letter), and all necessary data and information are
submitted in the original application (or in a resubmission
in response to a complete response letter) for the therapeutic
equivalence evaluation, including information to demonstrate
bioequivalence, in a form and manner prescribed by the Secretary.
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Deadlines.
Data.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(bb) With respect to such an application approved prior
to or on the date of enactment of the Food and Drug Omnibus
Reform Act of 2022, the evaluation shall be made not later
than 180 days after receipt of a request for a therapeutic
equivalence evaluation submitted as part of a supplement to
such application; or with respect to an application that was
submitted prior to the date of enactment of the Food and
Drug Omnibus Reform Act of 2022 but not approved as of
the date of enactment of such Act, the evaluation shall be
made not later than 180 days after the date of approval of
such application if a request for such evaluation is submitted
as an amendment to the application, provided that—
‘‘(AA) such request for a therapeutic equivalence
evaluation is being sought with respect to a listed drug
relied upon in the application, and the relied upon listed
drug is in the prescription drug product section of the
list under this paragraph and is a pharmaceutical equivalent (as defined in section 314.3 of title 21, Code of Federal
Regulations (or any successor regulations)) to the drug
for which a therapeutic equivalence evaluation is sought;
and
‘‘(BB) the amendment or supplement, as applicable,
containing such request, or the relevant application,
includes all necessary data and information for the therapeutic equivalence evaluation, including information to
demonstrate bioequivalence, in a form and manner prescribed by the Secretary.
‘‘(II) When the Secretary makes an evaluation under subclause
(I), the Secretary shall, in revisions made to the list pursuant
to clause (ii), include such information for such drug.’’.
Revisions.
SEC. 3223. PUBLIC DOCKET ON PROPOSED CHANGES TO THIRD-PARTY
VENDORS.
Deadline.
Public comment.
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(a) IN GENERAL.—
(1) OPENING PUBLIC DOCKET.—Not later than 90 days after
the date of enactment of this Act, the Secretary shall open
a single public docket to solicit comments on factors that generally should be considered by the Secretary when reviewing
requests from sponsors of drugs subject to risk evaluation and
mitigation strategies to change third-party vendors engaged
by sponsors to aid in implementation and management of the
strategies.
(2) FACTORS.—Such factors include the potential effects
of changes in third-party vendors on—
(A) patient access; and
(B) prescribing and administration of the drugs by
health care providers.
(3) CLOSING PUBLIC DOCKET.—The Secretary may close such
public docket not earlier than 90 days after such docket is
opened.
(4) NO DELAY.—Nothing in this section shall delay agency
action on any modification to a risk evaluation and mitigation
strategy.
(b) GAO REPORT.—Not later than December 31, 2026, the
Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives
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PUBLIC LAW 117–328—DEC. 29, 2022
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. 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’’.
Revisions.
Labeling.
Deadlines.
Subtitle C—Medical Devices
SEC. 3301. DUAL SUBMISSION FOR CERTAIN DEVICES.
Section 513 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360c) is amended by adding at the end the following:
‘‘(k) For a device authorized for emergency use under section
564 for which, in accordance with section 564(m), the Secretary
has deemed a laboratory examination or procedure associated with
such device to be in the category of examinations and procedures
described in section 353(d)(3) of the Public Health Service Act,
the sponsor of such device may, when submitting a request for
classification under section 513(f)(2), submit a single submission
containing—
‘‘(1) the information needed for such a request; and
‘‘(2) sufficient information to enable the Secretary to determine whether such laboratory examination or procedure satisfies the criteria to be categorized under section 353(d)(3) of
the Public Health Service Act.’’.
Determination.
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SEC. 3302. MEDICAL DEVICES ADVISORY COMMITTEE MEETINGS.
(a) IN GENERAL.—The Secretary shall convene one or more
panels of the Medical Devices Advisory Committee not less than
once per year for the purpose of providing advice to the Secretary
on topics related to medical devices used in pandemic preparedness
and response, including topics related to in vitro diagnostics.
(b) REQUIRED PANEL MEMBER.—A panel convened under subsection (a) shall include at least 1 population health-specific representative.
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Time period.
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PUBLIC LAW 117–328—DEC. 29, 2022
(c) SUNSET.—This section shall cease to be effective on October
1, 2027.
SEC. 3303. GAO REPORT ON THIRD-PARTY REVIEW.
Not later than September 30, 2026, the Comptroller General
of the United States shall submit to the Committee on Energy
and Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate a report
on the third-party review program under section 523 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360m). Such report shall
include—
(1) a description of the financial and staffing resources
used to carry out such program;
(2) a description of actions taken by the Secretary pursuant
section 523(b)(2)(C) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360m(b)(2)(C)); and
(3) the results of an audit of the performance of select
persons accredited under such program.
Audit.
SEC. 3304. CERTIFICATES TO FOREIGN GOVERNMENTS.
Applicability.
Fees.
Applicability.
Section 801(e)(4) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 381(e)(4)) is amended—
(1) in subparagraph (E), by striking clause (iii); and
(2) by adding at the end the following:
‘‘(F)(i) This paragraph applies to requests for certification under
this subparagraph of a device manufactured by a device establishment located outside of the United States that is registered under
section 510, if the device is listed pursuant to section 510(j), the
device has been cleared, approved, or is not required to submit
a premarket report pursuant to subsection (l) or (m) of section
510, and the device is imported or offered for import into the
United States.
‘‘(ii) The Secretary shall issue the certification as described
in clause (iii) if the device or devices for which certification is
requested under this subparagraph meet the applicable requirements of this Act.
‘‘(iii)(I) A certification for a device described in clause (i) shall
be subject to the fee described in subparagraph (B).
‘‘(II) Notwithstanding subparagraph (C), a certification for a
device described in clause (i) shall address and include the same
material information as a ‘Certificate to Foreign Government’ and
shall have a document title including the words ‘Certificate to
Foreign Government’.
‘‘(iv) The requirements and procedures of subparagraph (E)
shall apply to a denial of a certification under this subparagraph.’’.
SEC. 3305. ENSURING CYBERSECURITY OF MEDICAL DEVICES.
(a) IN GENERAL.—Subchapter A of chapter V of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended
by adding at the end the following:
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21 USC 360n–2.
‘‘SEC. 524B. ENSURING CYBERSECURITY OF DEVICES.
‘‘(a) IN GENERAL.—A person who submits an application or
submission under section 510(k), 513, 515(c), 515(f), or 520(m) for
a device that meets the definition of a cyber device under this
section shall include such information as the Secretary may require
to ensure that such cyber device meets the cybersecurity requirements under subsection (b).
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136 STAT. 5833
‘‘(b) CYBERSECURITY REQUIREMENTS.—The sponsor of an
application or submission described in subsection (a) shall—
‘‘(1) submit to the Secretary a plan to monitor, identify,
and address, as appropriate, in a reasonable time, postmarket
cybersecurity vulnerabilities and exploits, including coordinated
vulnerability disclosure and related procedures;
‘‘(2) design, develop, and maintain processes and procedures
to provide a reasonable assurance that the device and related
systems are cybersecure, and make available postmarket
updates and patches to the device and related systems to
address—
‘‘(A) on a reasonably justified regular cycle, known
unacceptable vulnerabilities; and
‘‘(B) as soon as possible out of cycle, critical
vulnerabilities that could cause uncontrolled risks;
‘‘(3) provide to the Secretary a software bill of materials,
including commercial, open-source, and off-the-shelf software
components; and
‘‘(4) comply with such other requirements as the Secretary
may require through regulation to demonstrate reasonable
assurance that the device and related systems are cybersecure.
‘‘(c) DEFINITION.—In this section, the term ‘cyber device’ means
a device that—
‘‘(1) includes software validated, installed, or authorized
by the sponsor as a device or in a device;
‘‘(2) has the ability to connect to the internet; and
‘‘(3) contains any such technological characteristics validated, installed, or authorized by the sponsor that could be
vulnerable to cybersecurity threats.
‘‘(d) EXEMPTION.—The Secretary may identify devices, or categories or types of devices, that are exempt from meeting the
cybersecurity requirements established by this section and regulations promulgated pursuant to this section. The Secretary shall
publish in the Federal Register, and update, as appropriate, a
list of the devices, or categories or types of devices, so identified
by the Secretary.’’.
(b) PROHIBITED ACT.—Section 301(q) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331(q)) is amended by adding at
the end the following:
‘‘(3) The failure to comply with any requirement under section
524B(b)(2) (relating to ensuring device cybersecurity).’’.
(c) RULE OF CONSTRUCTION.—Nothing in this section, including
the amendments made by this section, shall be construed to affect
the Secretary’s authority related to ensuring that there is a reasonable assurance of the safety and effectiveness of devices, which
may include ensuring that there is a reasonable assurance of the
cybersecurity of certain cyber devices, including for devices approved
or cleared prior to the date of enactment of this Act.
(d) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect 90 days after the date of enactment
of this Act. An application or submission submitted before such
effective date shall not be subject to the requirements under subsection (a) or (b) of section 524B of the Federal Food, Drug, and
Cosmetic Act, as added by this section.
(e) GUIDANCE FOR INDUSTRY AND FDA STAFF ON DEVICE CYBERSECURITY.—Not later than 2 years after the date of enactment
of this Act, and periodically thereafter as appropriate, the Secretary,
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Plan.
Processes.
Procedures.
Updates.
Compliance.
Federal Register,
publication.
Update.
List.
21 USC 331 note.
21 USC 331 note.
21 USC 360n–2
note.
Deadline.
Review.
Update.
PUBL328
136 STAT. 5834
Deadline.
Updates.
Web posting.
21 USC 360n–2
note.
Publication.
Examinations.
21 USC 360n–2
note.
PUBLIC LAW 117–328—DEC. 29, 2022
in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall review and, as appropriate and
after soliciting and receiving feedback from device manufacturers,
health care providers, third-party-device servicers, patient advocates, and other appropriate stakeholders, update the guidance
entitled ‘‘Content of Premarket Submissions for Management of
Cybersecurity in Medical Devices’’ (or a successor document).
(f) RESOURCES REGARDING CYBERSECURITY OF DEVICES.—Not
later than 180 days after the date of enactment of this Act, and
not less than annually thereafter, the Secretary shall update public
information provided by the Food and Drug Administration,
including on the website of the Food and Drug Administration,
with information regarding improving cybersecurity of devices. Such
information shall include information on identifying and addressing
cyber vulnerabilities for health care providers, health systems, and
device manufacturers, and how such entities may access support
through the Cybersecurity and Infrastructure Security Agency and
other Federal entities, including the Department of Health and
Human Services, to improve the cybersecurity of devices.
(g) GAO REPORT.—Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall publish a report identifying challenges in cybersecurity for
devices, including legacy devices that may not support certain software security updates. Through such report, the Comptroller General shall examine—
(1) challenges for device manufacturers, health care providers, health systems, and patients in accessing Federal support to address vulnerabilities across Federal agencies;
(2) how Federal agencies can strengthen coordination to
better support cybersecurity for devices; and
(3) statutory limitations and opportunities for improving
cybersecurity for devices.
(h) DEFINITION.—In this section, the term ‘‘device’’ has the
meaning given such term in section 201(h) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(h)).
SEC. 3306. BANS OF DEVICES FOR ONE OR MORE INTENDED USES.
(a) IN GENERAL.—Section 516(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360f(a)) is amended—
(1) in paragraph (1), by inserting ‘‘for one or more intended
uses’’ before the semicolon at the end; and
(2) in the matter following paragraph (2), by inserting
‘‘or to make such intended use or uses a banned intended
use or uses. A device that is banned for one or more intended
uses is not a legally marketed device under section 1006 when
intended for such use or uses’’ after ‘‘banned device’’.
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to limit the authority of the Secretary to amend, in
accordance with section 516 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360f), as amended by this section, and chapter
5 of title 5, United States Code, regulations promulgated pursuant
to such section 516, as amended by this section.
21 USC 360f
note.
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21 USC 360g–2.
SEC. 3307. THIRD PARTY DATA TRANSPARENCY.
(a) IN GENERAL.—To the extent the Secretary relies on any
data, analysis, or other information or findings provided by entities
that has been funded in whole or in part by, or otherwise performed
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PUBLIC LAW 117–328—DEC. 29, 2022
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) in the event that information described in paragraph
(1) is used to support regulatory decision-making, and as otherwise appropriate, to the extent practicable, provide the manufacturer or manufacturers subject to such decision a summary
of such information, subject to protection of confidential
commercial information or trade secret information or personally identifiable information.
(b) REPORT.—Not later than September 30, 2023, and biennially
thereafter, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives, and
publish on the website of the Food and Drug Administration, a
report on the number of postmarket device signals communications
issued by the Secretary, the sources of data for such signals, and
how such signals were revised or resolved.
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to require the delay of any regulatory decision-making
or other action of the Food and Drug Administration.
Summary.
Web posting.
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:
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‘‘SEC. 515C. PREDETERMINED CHANGE CONTROL PLANS FOR DEVICES.
‘‘(a) APPROVED DEVICES.—
‘‘(1) IN GENERAL.—Notwithstanding section 515(d)(5)(A), a
supplemental application shall not be required for a change
to a device approved under section 515, if such change is
consistent with a predetermined change control plan that is
approved pursuant to paragraph (2).
‘‘(2) PREDETERMINED CHANGE CONTROL PLAN.—The Secretary may approve a predetermined change control plan submitted in an application, including a supplemental application,
under section 515 that describes planned changes that may
be made to the device (and that would otherwise require a
supplemental application under section 515), if the device
remains safe and effective without any change.
‘‘(3) SCOPE.—The Secretary may require that a change
control plan include labeling required for safe and effective
use of the device as such device changes pursuant to such
plan, notification requirements if the device does not function
as intended pursuant to such plan, and performance requirements for changes made under the plan.
‘‘(b) CLEARED DEVICES.—
‘‘(1) IN GENERAL.—Notwithstanding section 510(k), a premarket notification shall not be required for a change to a
device cleared under section 510(k), if such change is consistent
with an established predetermined change control plan granted
pursuant to paragraph (2).
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21 USC 360e–4.
Requirements.
Labeling.
Notifications.
PUBL328
136 STAT. 5836
Requirements.
Labeling.
Notifications.
Determination.
Summary.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(2) PREDETERMINED CHANGE CONTROL PLAN.—The Secretary may clear a predetermined change control plan submitted in a notification submitted under section 510(k) that
describes planned changes that may be made to the device
(and that would otherwise require a new notification), if—
‘‘(A) the device remains safe and effective without any
such change; and
‘‘(B) the device would remain substantially equivalent
to the predicate.
‘‘(3) SCOPE.—The Secretary may require that a change
control plan include labeling required for safe and effective
use of the device as such device changes pursuant to such
plan, notification requirements if the device does not function
as intended pursuant to such plan, and performance requirements for changes made under the plan.
‘‘(c) PREDICATE DEVICES.—In making a determination of
substantial equivalence pursuant to section 513(i), the Secretary
shall not compare a device to changed versions of a device implemented in accordance with an established predetermined change
control plan as a predicate device. Only the version of the device
cleared or approved, prior to changes made under the predetermined
change control plan, may be used by a sponsor as a predicate
device.’’.
(b) CONFORMING AMENDMENTS.—
(1) CLEARED DEVICES.—Section 510(l)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360(l)(1)) is amended,
in the first sentence, by inserting ‘‘, or with respect to a change
that is consistent with a predetermined change control plan
cleared under section 515C’’ before the period at the end.
(2) APPROVED DEVICES.—Section 515(d)(5)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(d)(5)(A)(i))
is amended by striking ‘‘A supplemental’’ and inserting ‘‘Unless
the change is consistent with a predetermined change control
plan approved under section 515C, a supplemental’’.
(3) DOCUMENTATION OF RATIONALE FOR SIGNIFICANT
DECISIONS.—Section 517A(a)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360g–1(a)(1)) is amended to read as
follows:
‘‘(1) IN GENERAL.—The Secretary shall provide a substantive summary of the scientific and regulatory rationale
for any significant decision of the Center for Devices and Radiological Health regarding submission or review of a report under
section 510(k), a petition for classification under section 513(f),
an application under section 515, or an application for an
exemption under section 520(g), including documentation of
significant controversies or differences of opinion and the resolution of such controversies or differences of opinion.’’.
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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’
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PUBLIC LAW 117–328—DEC. 29, 2022
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) WAIVER.—The Secretary may grant a
waiver of the fee required under subparagraph
(A) for the annual registration (excluding the initial registration) of an establishment for a year,
beginning on October 1, 2024, if the Secretary
finds that the establishment is a small business
and paying the fee for such year represents a
financial hardship to the establishment as determined by the Secretary.
‘‘(III) FIRMS SUBMITTING TAX RETURNS TO THE
UNITED STATES INTERNAL REVENUE SERVICE.—The
establishment shall support its claim that it meets
the definition under subclause (I) by submission
of a copy of its most recent Federal income tax
return for a taxable year, and a copy of such
returns of its affiliates, which show an amount
of gross sales or receipts that is less than the
maximum established in subclause (I). The
establishment, and each of such affiliates, shall
certify that the information provided is a true and
accurate copy of the actual tax forms they submitted to the Internal Revenue Service. If no tax
forms are submitted for any affiliate, the establishment shall certify that the establishment has no
affiliates.
‘‘(IV) FIRMS NOT SUBMITTING TAX RETURNS TO
THE UNITED STATES INTERNAL REVENUE SERVICE.—
In the case of an establishment that has not previously submitted a Federal income tax return,
the establishment and each of its affiliates shall
demonstrate that it meets the definition under
subclause (I) by submission of a signed certification, in such form as the Secretary may direct
through a notice published in the Federal Register,
that the establishment or affiliate meets the criteria for a small business and a certification, in
English, from the national taxing authority, if
extant, of the country in which the establishment
or, if applicable, affiliate is headquartered. The
certification from such taxing authority shall bear
the official seal of such taxing authority and shall
provide the establishment’s or affiliate’s gross
receipts or sales for the most recent year in both
the local currency of such country and in United
States dollars, the exchange rate used in converting such local currency to dollars, and the
dates during which these receipts or sales were
collected. The establishment shall also submit a
statement signed by the head of the establishment’s firm or by its chief financial officer that
the establishment has submitted certifications for
all of its affiliates, or that the establishment has
no affiliates.
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Time period.
Effective date.
Determination.
Records.
Certifications.
Certification.
Notice.
Federal Register,
publication.
Statement.
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136 STAT. 5838
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(V) REQUEST FOR WAIVER.—An establishment
seeking a fee waiver for a year under this clause
shall submit supporting information to the Secretary at least 60 days before the fee is required
pursuant to subparagraph (C). The decision of the
Secretary regarding whether an entity may receive
the waiver for such year is not reviewable.’’.
(b) TAXING AUTHORITY.—Section 738(d)(2)(B)(iii) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j(d)(2)(B)(iii)) is
amended by inserting ‘‘, if extant,’’ after ‘‘national taxing authority’’.
Deadline.
Subtitle D—Infant Formula
21 USC 350a–1.
Establishment.
Appointment.
Waiver.
Time periods.
Requirement.
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Determination.
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SEC. 3401. PROTECTING INFANTS AND IMPROVING FORMULA SUPPLY.
(a) DEFINITIONS.—
(1) IN GENERAL.—In this section, the term ‘‘infant formula’’
has the meaning given such term in section 201(z) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(z)).
(2) CRITICAL FOOD.—Section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321) is amended by adding at
the end the following:
‘‘(ss) The term ‘critical food’ means a food that is—
‘‘(1) an infant formula; or
‘‘(2) a medical food, as defined in section 5(b)(3) of the
Orphan Drug Act.’’.
(b) OFFICE OF CRITICAL FOODS.—
(1) IN GENERAL.—The Secretary shall establish within the
Center for Food Safety and Applied Nutrition an office to be
known as the Office of Critical Foods. The Secretary shall
appoint a Director to lead such Office.
(2) DUTIES.—The Office of Critical Foods shall be responsible for oversight, coordination, and facilitation of activities
related to critical foods, as defined in section 201(ss) of the
Federal Food, Drug, and Cosmetic Act, as added by subsection
(a)(2).
(c) PREMARKET SUBMISSIONS OF INFANT FORMULA TO ADDRESS
SHORTAGES.—Section 412 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 350a) is amended by adding at the end the following:
‘‘(j) PREMARKET SUBMISSIONS TO ADDRESS SHORTAGES.—
‘‘(1) IN GENERAL.—The Secretary shall waive the 90-day
premarket submission requirement under subsection (c) and
apply a 30-day premarket submission requirement for any person who intends to introduce or deliver for introduction into
interstate commerce any new infant formula.
‘‘(2) EFFECTIVE PERIOD.—The waiver authority under this
subsection shall remain in effect—
‘‘(A) for 90 days beginning on the date that the Secretary distributes information under section 424(a)(2) with
respect to a shortage of infant formula; or
‘‘(B) such longer period as the Secretary determines
appropriate, to prevent or mitigate a shortage of infant
formula.’’.
(d) REPORT.—Not later than one year after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate
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PUBLIC LAW 117–328—DEC. 29, 2022
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) INFANT FORMULA FLEXIBILITIES.—The Secretary shall publish a list on the website of the Department of Health and Human
Services providing information on how to identify appropriate substitutes for infant formula products in shortage that are relied
upon by infants and other individuals with inborn errors of metabolism or other serious health conditions.
(f) INTERNATIONAL HARMONIZATION OF INFANT FORMULA
REQUIREMENTS.—
(1) IN GENERAL.—The Secretary—
(A) shall participate in meetings with representatives
from other countries to discuss methods and approaches
to harmonizing regulatory requirements for infant formula,
including with respect to inspections, labeling, and nutritional requirements; and
(B) may enter into arrangements or agreements
regarding such requirements with other countries, as
appropriate, including arrangements or agreements with
a foreign government or agency of a foreign government
to recognize the inspection of foreign establishments that
manufacture infant formula for export to the United States.
(2) STUDY ON INFANT FORMULA.—
(A) IN GENERAL.—Not later than 60 days after the
date of enactment of this Act, the Secretary shall seek
to enter into an agreement with the National Academies
of Sciences, Engineering, and Medicine (referred to in this
paragraph as the ‘‘National Academies’’) to examine and
report on challenges in supply, market competition, and
regulation of infant formula in the United States.
(B) CONTENTS OF THE REPORT.—The report developed
pursuant to the agreement under subparagraph (A) shall—
(i) assess and evaluate—
(I) infant formula marketed in the United
States;
(II) any challenges in supply, or market competition with respect to such infant formula; and
(III) any differences between infant formula
marketed in the United States and infant formula
marketed in the European Union, including with
respect to nutritional content and applicable
labeling and other regulatory requirements; and
(ii) include recommendations, including for infant
formula manufacturers, on measures to address supply
and market competition in the United States.
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Web posting.
List.
Contracts.
Contracts.
Examination.
Reports.
Assessments.
Evaluations.
Recommendations.
PUBL328
136 STAT. 5840
Deadline.
Summaries.
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Estimate.
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PUBLIC LAW 117–328—DEC. 29, 2022
(C) FINAL REPORT.—The agreement under subparagraph (A) shall specify that the National Academies shall,
not later than 1 year after the date of enactment of this
Act, complete such study and submit a report on the results
of such study to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives.
(g) TRANSPARENCY AND ACCOUNTABILITY TO SUPPORT INFANT
FORMULA INNOVATION.—
(1) CONGRESSIONAL NOTIFICATION OF RECALL.—Section 412
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a),
as amended by subsection (c), is further amended by adding
at the end the following:
‘‘(k) CONGRESSIONAL NOTIFICATION OF RECALL.—
‘‘(1) IN GENERAL.—Not later than 24 hours after the initiation of a recall of infant formula as described in subsection
(e), the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a notification of such recall.
‘‘(2) CONTENTS.—A notification under paragraph (1) shall
include the following:
‘‘(A) If the recall is required by the Food and Drug
Administration, a summary of the information supporting
a determination that the adulterated or misbranded infant
formula presents a risk to human health.
‘‘(B) If the recall is voluntarily initiated by the manufacturer, a summary of the information provided to the
Food and Drug Administration by the manufacturer
regarding infant formula that has left the control of the
manufacturer that may be adulterated or misbranded.
‘‘(C) Specification of when the Food and Drug Administration was first made aware of the instance or circumstances surrounding the recall.
‘‘(D) An initial estimate of the disruption in domestic
production that may result from the recall.’’.
(2) ANNUAL REPORT TO CONGRESS.—Section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as amended
by paragraph (1), is further amended by adding at the end
the following:
‘‘(l) ANNUAL REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—Not later than March 30 of each year,
the Secretary shall submit a report to Congress containing,
with respect to the preceding calendar year, the following
information:
‘‘(A) The number of submissions received by the Secretary under subsection (d).
‘‘(B) The number of such submissions that included
any new ingredients that were not included in any infant
formula already on the market.
‘‘(C) The number of inspections conducted by the Food
and Drug Administration or any agent thereof to evaluate
compliance with the requirements for infant formulas
under subsection (b).
‘‘(D) The time between any inspection referred to in
subparagraph (C) and any necessary reinspection to
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PUBLIC LAW 117–328—DEC. 29, 2022
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) The Secretary shall provide a response to a submission
under this subsection not later than 45 days after receiving such
submission.’’.
(4) LIST OF NUTRIENTS.—Section 412(i)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350a(i)) is amended
by striking ‘‘or, if revised by the Secretary under paragraph
(2), as so revised’’ and inserting the following: ‘‘, which shall
be reviewed by the Secretary every 4 years as appropriate.
In reviewing such table, the Secretary shall consider any new
scientific data or information related to infant formula nutrients, including international infant formula standards. The Secretary may revise the list of nutrients and the required level
for any nutrient required by the table’’.
(5) GUIDANCE.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue guidance
regarding information sponsors may consider including in
submissions required under section 412(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350a(d)), including considerations for meeting each of the requirements of paragraphs
(1), (2), and (3) of subsection (d).
(6) TECHNICAL CORRECTION.—Section 412(c)(1)(B) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(c)(1)(B))
is amended by striking ‘‘subsection (c)(1)’’ and inserting ‘‘subsection (d)(1)’’.
(h) RESPONSE TO RECALL.—
(1) MANUFACTURER SUBMISSION.—
(A) IN GENERAL.—Promptly after the initiation of a
recall of infant formula, the manufacturer of the recalled
infant formula shall submit information to the Secretary
regarding such recall.
(B) CONTENTS.—A submission under subparagraph (A)
shall include the following:
(i) A plan (including an estimated timeline, as
applicable) of actions the manufacturer will take,
suited to the individual circumstances of the particular
recall, including—
(I) to identify and address any cause of, and
contributing factor in, known or suspected
adulteration or known or suspected misbranding;
and
(II) if appropriate, to restore operation of the
impacted facilities.
(ii) In the case that a recall of the manufacturer’s
infant formula products, and subsequent actions to
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Deadline.
Reviews.
Deadline.
Revision.
Deadline.
Plans.
Timeline.
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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) an estimate of how long current supplies
will last.
(ii) If a submission or submissions under paragraph (1) show that the recall and subsequent actions
to respond to the recall impact over 10 percent of
the domestic production of infant formula intended
for sale in the United States—
(I) actions to work with the impacted manufacturer or other manufacturers to increase production; and
(II) specification of—
(aa) any additional authorities needed
regarding production or importation to fill a
supply gap; and
(bb) any supplemental funding necessary
to address the shortage.
(3) SUNSET.—This subsection shall cease to have force or
effect on September 30, 2026.
(i) COORDINATION WITH MANUFACTURER.—
(1) IN GENERAL.—
(A) COMMUNICATION FOLLOWING INSPECTION.—Upon
completing an inspection of an infant formula manufacturing facility impacted by a recall, the Secretary, acting
through the Commissioner of Food and Drugs, shall provide
the manufacturer involved a list of any actions necessary
to—
(i) address deficiencies contributing to the potential
adulteration or misbranding of product at the facility;
and
(ii) safely restart production at the facility.
(B) RESPONSE TO MANUFACTURER.—Not later than 7
days after receiving a written communication from a manufacturer of infant formula containing corrective actions to
address manufacturing deficiencies identified during an
inspection of a facility engaged in the manufacturing of
an infant formula impacted by a recall, the Secretary,
Estimate.
Deadlines.
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PUBLIC LAW 117–328—DEC. 29, 2022
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. In meeting the inspection
requirements under this subsection, the Secretary may rely
on inspections conducted by foreign regulatory authorities,
under arrangements or agreements, and conducted by State
agencies under contract, memoranda of understanding, or any
other obligation.
(j) NATIONAL STRATEGY ON INFANT FORMULA.—
(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Agriculture and other heads of relevant departments and agencies, shall develop and issue, not later than
90 days after the date of enactment of this Act, a national
strategy on infant formula to increase the resiliency of the
infant formula supply chain, protect against future contamination and other potential causes of supply disruptions and shortages, and ensure parents and caregivers have access to infant
formula and information they need.
(2) IMMEDIATE NATIONAL STRATEGY.—The national strategy
under paragraph (1) shall include efforts—
(A) to increase the resiliency of the infant formula
supply chain in the short-term by—
(i) assessing causes of any supply disruption or
shortage of infant formula in existence as of the date
of enactment of this Act and potential causes of future
supply disruptions and shortages;
(ii) assessing and addressing immediate infant formula needs associated with the shortage; and
(iii) developing a plan to increase infant formula
supply, including through increased competition; and
(B) to ensure the development and updating of education and communication materials for parents and caregivers that cover—
(i) where and how to find infant formula;
(ii) comparable infant formulas on the market;
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Memorandums.
Deadlines.
Assessments.
Plan.
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136 STAT. 5844
Update.
Recommendations.
Outline.
‘‘SEC. 424. REQUIREMENTS FOR CRITICAL FOOD.
Deadlines.
‘‘(a) NOTIFICATION OF MEANINGFUL DISRUPTION FOR CRITICAL
FOOD.—
‘‘(1) IN GENERAL.—A manufacturer of a critical food (as
defined in section 201(ss)) shall notify the Secretary of a permanent discontinuance in the manufacture or an interruption
of the manufacture of such food that is likely to lead to a
meaningful disruption in the supply of such food in the United
States, and the reasons for such discontinuance or interruption,
as soon as practicable, but not later than 5 business days
after such discontinuance or such interruption.
‘‘(2) DISTRIBUTION OF INFORMATION.—Not later than 5 calendar days after receiving a notification under paragraph (1),
if the Secretary has determined that such discontinuance or
interruption has resulted, or is likely to result, in a shortage
of such critical food, the Secretary shall distribute, to the Secretary of Agriculture and to the maximum extent practicable
to the appropriate entities, as determined by the Secretary
through such means as the Secretary determines appropriate,
information on such shortage.
‘‘(3) CONFIDENTIALITY.—Nothing in this subsection authorizes the Secretary to disclose any information that is a trade
secret or confidential information subject to section 552(b)(4)
of title 5, United States Code, or section 1905 of title 18,
United States Code.
‘‘(4) MEANINGFUL DISRUPTION.—In this subsection, the term
‘meaningful disruption’—
‘‘(A) means a change in production that is reasonably
likely to lead to a significant reduction in the supply of
a critical food by a manufacturer that affects the ability
Definition.
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(iii) what to do if a specialty infant formula is
unavailable;
(iv) safe practices for handling infant formula; and
(v) other topics, as appropriate.
(3) LONG-TERM STRATEGY.—Not later than 90 days after
the submission of the report described in subsection (f)(2), the
Secretary shall update the national strategy under paragraph
(1) to include efforts to improve preparedness against infant
formula shortages in the long-term by—
(A) outlining methods to improve information-sharing
between the Federal Government and State and local
governments, and other entities as appropriate, regarding
shortages;
(B) recommending measures for protecting the integrity
of the infant formula supply and preventing contamination;
(C) outlining methods to incentivize new infant formula
manufacturers to increase supply and mitigate future
shortages; and
(D) recommending other necessary authorities to gain
insight into the supply chain and risk for shortages, and
to incentivize new infant formula manufacturers.
(k) MEANINGFUL DISRUPTION IN THE PRODUCTION OF CRITICAL
FOOD.—Chapter IV of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 341 et seq.) is amended by adding at the end the
following:
21 USC 350m.
Determination.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) RISK MANAGEMENT PLANS.—Each manufacturer of a critical
food shall develop, maintain, and implement, as appropriate, a
redundancy risk management plan that identifies and evaluates
risks to the supply of the food, as applicable, for each establishment
in which such food is manufactured. A risk management plan
under this subsection—
‘‘(1) may identify and evaluate risks to the supply of more
than one critical food, or critical food category, manufactured
at the same establishment;
‘‘(2) may identify mechanisms by which the manufacturer
would mitigate the impacts of a supply disruption through
alternative production sites, alternative suppliers, stockpiling
of inventory, or other means; and
‘‘(3) shall be subject to inspection and copying by the Secretary pursuant to an inspection under section 704.
‘‘(c) FAILURE TO MEET REQUIREMENTS.—
‘‘(1) IN GENERAL.—If a person fails to submit information
required under, and in accordance with, subsection (a)—
‘‘(A) the Secretary shall issue a letter to such person
informing such person of such failure; and
‘‘(B) not later than 45 calendar days after the issuance
of a letter under subparagraph (A), subject to paragraph
(2), the Secretary shall make available to the public on
the website of the Food and Drug Administration, with
appropriate redactions made to protect the information
described in subsection (a)(3)—
‘‘(i) the letter issued under subparagraph (A); and
‘‘(ii) at the request of such person, any response
to such letter such person submitted to the Secretary.
‘‘(2) EXCEPTION.—If the Secretary determines that the letter
under paragraph (1) was issued in error or, after review of
such response, the person had a reasonable basis for not submitting a notification as required under subsection (a), the requirements of paragraph (1)(B) shall not apply.’’.
(l) SPECIALTY INFANT FORMULA FOR IMPORTATION.—Section 412
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a),
as amended by subsection (f)(2), is further amended by adding
at the end the following:
‘‘(m) WAIVER OF REQUIREMENTS FOR IMPORTATION OF SPECIALTY
INFANT FORMULA.—
‘‘(1) IN GENERAL.—The Secretary may, during a shortage
of specialty infant formula as determined by the Secretary,
waive any requirement under this Act applicable to facilitate
the importation of specialty infant formula. Such a waiver
may be applicable to—
‘‘(A) the importation of specialty infant formula from
any country that is determined by the Secretary to be
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Evaluations.
Letter.
Deadline.
Public
information.
Web posting.
Determination.
Review.
Determinations.
PUBL328
136 STAT. 5846
Time periods.
Canada.
Determination.
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implementing and enforcing requirements for infant formula that provide a similar assurance of safety and nutritional adequacy as the requirements of this Act; or
‘‘(B) the distribution and sale of such imported specialty
infant formula.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1)
shall be construed to limit the authority of the Secretary to
require a recall of, or otherwise impose restrictions and requirements under this Act with respect to, specialty infant formula
that is subject to a waiver under paragraph (1).
‘‘(3) DEFINITION OF SPECIALTY INFANT FORMULA.—In this
subsection, the term ‘specialty infant formula’ means infant
formula described in subsection (h)(1).’’.
(m) IMPORTATION FOR PERSONAL USE.—
(1) IN GENERAL.—Notwithstanding any provision of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
during the 90-day period beginning on the date of enactment
of this Act, an individual may, without prior notice to the
Food and Drug Administration, import up to a 3-month supply
of infant formula for personal use from—
(A) Canada;
(B) any country in the European Union; or
(C) any other country that is determined by the Secretary to be implementing and enforcing requirements for
infant formula that provide a similar assurance of safety
and nutritional adequacy as the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
(2) LIMITATIONS.—Infant formula may be imported pursuant to paragraph (1) only if the infant formula—
(A) is exclusively for personal use and will not be
commercialized or promoted; and
(B) does not present an unreasonable risk to human
health.
(3) REPORTING OF ADVERSE EVENTS.—If a health care provider becomes aware of any adverse event which the health
care provider reasonably suspects to be associated with infant
formula imported pursuant to paragraph (1), the health care
provider shall report such adverse event to the Commissioner
of Food and Drugs.
(4) PUBLIC NOTICE.—The Secretary, acting through the
Commissioner of Food and Drugs, shall post on the public
website of the Food and Drug Administration notice that—
(A) infant formula imported pursuant to paragraph
(1) may not have been manufactured in a facility that
has been inspected by the Food and Drug Administration;
(B) the labeling of such infant formula may not meet
the standards and other requirements applicable with
respect to infant formula under the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.); and
(C) the nutritional content of infant formula imported
pursuant to paragraph (1) may vary from that of infant
formula meeting such standards and other requirements.
(5) SENSE OF CONGRESS.—It is the sense of Congress that
persons considering the personal importation of infant formula
should consult with their pediatrician about such importation.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5847
Subtitle E—Cosmetics
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ‘‘Modernization of Cosmetics
Regulation Act of 2022’’.
Modernization of
Cosmetics
Regulation
Act of 2022.
21 USC 301 note.
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:
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‘‘SEC. 604. DEFINITIONS.
21 USC 364.
‘‘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.
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136 STAT. 5848
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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).
21 USC 364a.
Records.
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Determination.
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‘‘SEC. 605. ADVERSE EVENTS.
‘‘(a) SERIOUS ADVERSE EVENT REPORTING REQUIREMENTS.—The
responsible person shall submit to the Secretary any report received
of a serious adverse event associated with the use, in the United
States, of a cosmetic product manufactured, packed, or distributed
by such person.
‘‘(b) SUBMISSION OF REPORTS.—
‘‘(1) SERIOUS ADVERSE EVENT REPORT.—The responsible person shall submit to the Secretary a serious adverse event report
accompanied by a copy of the label on or within the retail
packaging of such cosmetic product no later than 15 business
days after the report is received by the responsible person.
‘‘(2) NEW MEDICAL INFORMATION.—The responsible person
shall submit to the Secretary any new and material medical
information, related to a serious adverse event report submitted
to the Secretary in accordance with paragraph (1), that is
received by the responsible person within 1 year of the initial
report to the Secretary, no later than 15 business days after
such information is received by such responsible person.
‘‘(3) CONSOLIDATION OF REPORTS.—The Secretary shall
develop systems to enable responsible persons to submit a
single report that includes duplicate reports of, or new medical
information related to, a serious adverse event.
‘‘(c) EXEMPTIONS.—The Secretary may establish by regulation
an exemption to any of the requirements of this section if the
Secretary determines that such exemption would have no significant
adverse effect on public health.
‘‘(d) CONTACT INFORMATION.—The responsible person shall
receive reports of adverse events through the domestic address,
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PUBLIC LAW 117–328—DEC. 29, 2022
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) MAINTENANCE.—The responsible person shall maintain
records related to each report of an adverse event associated
with the use, in the United States, of a cosmetic product manufactured or distributed by such person received by such person,
for a period of 6 years, except that a responsible person that
is considered a small business for the purposes of section 612,
who does not engage in the manufacturing or processing of
the cosmetic products described in subsection 612(b), shall
maintain such records for a period of 3 years.
‘‘(2) INSPECTION.—
‘‘(A) IN GENERAL.— The responsible person shall permit
an authorized person to have access to records required
to be maintained under this section during an inspection
pursuant to section 704.
‘‘(B) AUTHORIZED PERSON.—For purposes of this paragraph, the term ‘authorized person’ means an officer or
employee of the Department of Health and Human Services
who has—
‘‘(i) appropriate credentials, as determined by the
Secretary; and
‘‘(ii) been duly designated by the Secretary to have
access to the records required under this section.
‘‘(f) FRAGRANCE AND FLAVOR INGREDIENTS.—If the Secretary
has reasonable grounds to believe that an ingredient or combination
of ingredients in a fragrance or flavor has caused or contributed
to a serious adverse event required to be reported under this section,
the Secretary may request in writing a list of such ingredients
or categories of ingredients in the specific fragrances or flavors
in the cosmetic product, from the responsible person. The responsible person shall ensure that the requested information is submitted to the Secretary within 30 days of such request. In response
to a request under section 552 of title 5, United States Code,
information submitted to the Secretary under this subsection shall
be withheld under section 552(b)(3) of title 5, United States Code.
‘‘(g) PROTECTED INFORMATION.—A serious adverse event report
submitted to the Secretary under this section, including any new
medical information submitted under subsection (b)(2), or an
adverse event report, or any new information, voluntarily submitted
to the Secretary shall be considered to be—
‘‘(1) a safety report under section 756 and may be accompanied by a statement, which shall be a part of any report
that is released for public disclosure, that denies that the
report or the records constitute an admission that the product
involved caused or contributed to the adverse event; and
‘‘(2) a record about an individual under section 552a of
title 5, United States Code (commonly referred to as the ‘Privacy
Act of 1974’) and a medical or similar file the disclosure of
which would constitute a violation of section 552 of such title
5 (commonly referred to as the ‘Freedom of Information Act’),
and shall not be publicly disclosed unless all personally identifiable information is redacted.
‘‘(h) EFFECT OF SECTION.—
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Definition.
List.
Deadline.
Statement.
Records.
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136 STAT. 5850
‘‘(1) IN GENERAL.—Nothing in this section shall affect the
authority of the Secretary to provide adverse event reports
and information to any health, food, or drug officer or employee
of any State, territory, or political subdivision of a State or
territory, under a memorandum of understanding between the
Secretary and such State, territory, or political subdivision.
‘‘(2) PERSONALLY IDENTIFIABLE INFORMATION.—Notwithstanding any other provision of law, personally-identifiable
information in adverse event reports provided by the Secretary
to any health, food, or drug officer or employee of any State,
territory, or political subdivision of a State or territory, shall
not—
‘‘(A) be made publicly available pursuant to any State
or other law requiring disclosure of information or records;
or
‘‘(B) otherwise be disclosed or distributed to any party
without the written consent of the Secretary and the person
submitting such information to the Secretary.
‘‘(3) USE OF REPORTS.—Nothing in this section shall permit
a State, territory, or political subdivision of a State or territory,
to use any safety report received from the Secretary in a
manner inconsistent with this section.
‘‘(4) RULE OF CONSTRUCTION.—The submission of any report
in compliance with this section shall not be construed as an
admission that the cosmetic product involved caused or contributed to the relevant adverse event.
Memorandums.
21 USC 364b.
‘‘SEC. 606. GOOD MANUFACTURING PRACTICE.
Regulations.
‘‘(a) IN GENERAL.—The Secretary shall by regulation establish
good manufacturing practices for facilities that are consistent, to
the extent practicable, and appropriate, with national and international standards, in accordance with section 601. Any such regulations shall be intended to protect the public health and ensure
that cosmetic products are not adulterated. Such regulations may
allow for the Secretary to inspect records necessary to demonstrate
compliance with good manufacturing practices prescribed by the
Secretary under this paragraph during an inspection conducted
under section 704.
‘‘(b) CONSIDERATIONS.—In establishing regulations for good
manufacturing practices under this section, the Secretary shall
take into account the size and scope of the businesses engaged
in the manufacture of cosmetics, and the risks to public health
posed by such cosmetics, and provide sufficient flexibility to be
practicable for all sizes and types of facilities to which such regulations will apply. Such regulations shall include simplified good
manufacturing practice requirements for smaller businesses, as
appropriate, to ensure that such regulations do not impose undue
economic hardship for smaller businesses, and may include longer
compliance times for smaller businesses. Before issuing regulations
to implement subsection (a), the Secretary shall consult with cosmetics manufacturers, including smaller businesses, consumer
organizations, and other experts selected by the Secretary.
‘‘(c) TIMEFRAME.—The Secretary shall publish a notice of proposed rulemaking not later than 2 years after the date of enactment
of the Modernization of Cosmetics Regulation Act of 2022 and
shall publish a final such rule not later than 3 years after such
date of enactment.
Inspection.
Records.
Compliance.
Requirements.
Consultation.
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Deadlines.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5851
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‘‘SEC. 607. REGISTRATION AND PRODUCT LISTING.
‘‘(a) SUBMISSION OF REGISTRATION.—
‘‘(1) INITIAL REGISTRATION.—
‘‘(A) EXISTING FACILITIES.—Every person that, on the
date of enactment of the Modernization of Cosmetics Regulation Act of 2022, owns or operates a facility that engages
in the manufacturing or processing of a cosmetic product
for distribution in the United States shall register each
facility with the Secretary not later than 1 year after
date of enactment of such Act.
‘‘(B) NEW FACILITIES.—Every person that owns or operates a facility that first engages, after the date of enactment
of the Modernization of Cosmetics Regulation Act of 2022,
in manufacturing or processing of a cosmetic product for
distribution in the United States, shall register with the
Secretary such facility within 60 days of first engaging
in such activity or 60 days after the deadline for registration under subparagraph (A), whichever is later.
‘‘(2) BIENNIAL RENEWAL OF REGISTRATION.—A person
required to register a facility under paragraph (1) shall renew
such registrations with the Secretary biennially.
‘‘(3) CONTRACT MANUFACTURERS.—If a facility manufactures
or processes cosmetic products on behalf of a responsible person,
the Secretary shall require only a single registration for such
facility even if such facility is manufacturing or processing
its own cosmetic products or cosmetic products on behalf of
more than one responsible person. Such single registration
may be submitted to the Secretary by such facility or any
responsible person whose products are manufactured or processed at such facility.
‘‘(4) UPDATES TO CONTENT.—A person that is required to
register under subsection (a)(1) shall notify the Secretary within
60 days of any changes to information required under subsection (b)(2).
‘‘(5) ABBREVIATED RENEWAL REGISTRATIONS.—The Secretary
shall provide for an abbreviated registration renewal process
for any person that owns or operates a facility that has not
been required to submit updates under paragraph (4) for a
registered facility since submission of the most recent registration of such facility under paragraph (1) or (2).
‘‘(b) FORMAT; CONTENTS OF REGISTRATION.—
‘‘(1) IN GENERAL.—Registration information under this section may be submitted at such time and in such manner as
the Secretary may prescribe.
‘‘(2) CONTENTS.—The registration under subsection (a) shall
contain—
‘‘(A) the facility’s name, physical address, email
address, and telephone number;
‘‘(B) with respect to any foreign facility, the contact
for the United States agent of the facility, and, if available,
the electronic contact information;
‘‘(C) the facility registration number, if any, previously
assigned by the Secretary under subsection (d);
‘‘(D) all brand names under which cosmetic products
manufactured or processed in the facility are sold; and
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Deadlines.
21 USC 364c.
Effective dates.
Notification.
PUBL328
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Effective dates.
Updates.
Time period.
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Assignment.
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‘‘(E) the product category or categories and responsible
person for each cosmetic product manufactured or processed
at the facility.
‘‘(c) COSMETIC PRODUCT LISTING.—
‘‘(1) IN GENERAL.—For each cosmetic product, the responsible person shall submit to the Secretary a cosmetic product
listing, or ensure that such submission is made, at such time
and in such manner as the Secretary may prescribe.
‘‘(2) COSMETIC PRODUCT LISTING.—The responsible person
of a cosmetic product that is marketed on the date of enactment
of the Modernization of Cosmetics Regulation Act of 2022 shall
submit to the Secretary a cosmetic product listing not later
than 1 year after the date of enactment of the Modernization
of Cosmetics Regulation Act of 2022, or for a cosmetic product
that is first marketed after the date of enactment of such
Act, within 120 days of marketing such product in interstate
commerce. Thereafter, any updates to such listing shall be
made annually, consistent with paragraphs (4) and (5).
‘‘(3) ABBREVIATED RENEWAL.—The Secretary shall provide
for an abbreviated process for the renewal of any cosmetic
product listing under this subsection with respect to which
there has been no change since the responsible person submitted the previous listing.
‘‘(4) CONTENTS OF LISTING.—
‘‘(A) IN GENERAL.—Each such cosmetic product listing
shall include—
‘‘(i) the facility registration number of each facility
where the cosmetic product is manufactured or processed;
‘‘(ii) the name and contact number of the responsible person and the name for the cosmetic product,
as such name appears on the label;
‘‘(iii) the applicable cosmetic category or categories
for the cosmetic product;
‘‘(iv) a list of ingredients in the cosmetic product,
including any fragrances, flavors, or colors, with each
ingredient identified by the name, as required under
section 701.3 of title 21, Code of Federal Regulations
(or any successor regulations), or by the common or
usual name of the ingredient; and
‘‘(v) the product listing number, if any previously
assigned by the Secretary under subsection (d).
‘‘(B) FLEXIBLE LISTINGS.—A single listing submission
for a cosmetic product may include multiple cosmetic products with identical formulations, or formulations that differ
only with respect to colors, fragrances or flavors, or
quantity of contents.
‘‘(5) UPDATES TO CONTENT.—A responsible person that is
required to submit a cosmetic product listing shall submit any
updates to such cosmetic product listing annually.
‘‘(6) SUBMISSION.—A responsible person may submit
product listing information as part of a facility registration
or separately.
‘‘(d) FACILITY REGISTRATION AND PRODUCT LISTING NUMBERS.—
At the time of the initial registration of any facility under subsection
(a)(1) or initial listing of any cosmetic product under (c)(1), the
Secretary shall assign a facility registration number to the facility
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PUBLIC LAW 117–328—DEC. 29, 2022
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) SUSPENSIONS.—
‘‘(1) SUSPENSION OF REGISTRATION OF A FACILITY.—The Secretary may suspend the registration of a facility if the Secretary
determines that a cosmetic product manufactured or processed
by a registered facility and distributed in the United States
has a reasonable probability of causing serious adverse health
consequences or death to humans and the Secretary has a
reasonable belief that other products manufactured or processed
by the facility may be similarly affected because of a failure
that cannot be isolated to a product or products, or is sufficiently pervasive to raise concerns about other products manufactured in the facility.
‘‘(2) NOTICE OF SUSPENSION.—Before suspending a facility
registration under this section, the Secretary shall provide—
‘‘(A) notice to the facility registrant of the cosmetic
product or other responsible person, as appropriate, of the
intent to suspend the facility registration, which shall
specify the basis of the determination by the Secretary
that the facility registration should be suspended; and
‘‘(B) an opportunity, within 5 business days of the
notice provided under subparagraph (A), for the responsible
person to provide a plan for addressing the reasons for
possible suspension of the facility registration.
‘‘(3) HEARING ON SUSPENSION.—The Secretary shall provide
the registrant subject to an order under paragraph (1) or (2)
with an opportunity for an informal hearing, to be held as
soon as possible but not later than 5 business days after the
issuance of the order, or such other time period agreed upon
by the Secretary and the registrant, on the actions required
for reinstatement of registration and why the registration that
is subject to the suspension should be reinstated. The Secretary
shall reinstate a registration if the Secretary determines, based
on evidence presented, that adequate grounds do not exist
to continue the suspension of the registration.
‘‘(4) POST-HEARING CORRECTIVE ACTION PLAN.—If, after providing opportunity for an informal hearing under paragraph
(3), the Secretary determines that the suspension of registration
remains necessary, the Secretary shall require the registrant
to submit a corrective action plan to demonstrate how the
registrant plans to correct the conditions found by the Secretary. The Secretary shall review such plan not later than
14 business days after the submission of the corrective action
plan or such other time period as determined by the Secretary,
in consultation with the registrant.
‘‘(5) VACATING OF ORDER; REINSTATEMENT.—Upon a determination by the Secretary that adequate grounds do not exist
to continue the suspension actions, the Secretary shall promptly
vacate the suspension and reinstate the registration of the
facility.
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Determinations.
Plan.
Requirement.
Review.
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‘‘(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.
Records.
21 USC 364d.
21 USC 364e.
Determination.
Regulations.
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Notice.
Regulations.
Deadlines.
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‘‘SEC. 608. SAFETY SUBSTANTIATION.
‘‘(a) SUBSTANTIATION OF SAFETY.—A responsible person for a
cosmetic product shall ensure, and maintain records supporting,
that there is adequate substantiation of safety of such cosmetic
product.
‘‘(b) COAL-TAR HAIR DYE.—Subsection (a) shall not apply to
coal-tar hair dye that otherwise complies with the requirements
of section 601(a). A responsible person for a coal-tar hair dye shall
maintain records related to the safety of such product.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) ADEQUATE SUBSTANTIATION OF SAFETY.—The term ‘adequate substantiation of safety’ means tests or studies, research,
analyses, or other evidence or information that is considered,
among experts qualified by scientific training and experience
to evaluate the safety of cosmetic products and their ingredients, sufficient to support a reasonable certainty that a cosmetic
product is safe.
‘‘(2) SAFE.—The term ‘safe’ means that the cosmetic
product, including any ingredient thereof, is not injurious to
users under the conditions of use prescribed in the labeling
thereof, or under such conditions of use as are customary or
usual. The Secretary shall not consider a cosmetic ingredient
or cosmetic product injurious to users solely because it can
cause minor and transient reactions or minor and transient
skin irritations in some users. In determining for purposes
of this section whether a cosmetic product is safe, the Secretary
may consider, as appropriate and available, the cumulative
or other relevant exposure to the cosmetic product, including
any ingredient thereof.
‘‘SEC. 609. LABELING.
‘‘(a) GENERAL REQUIREMENT.—Each cosmetic product shall bear
a label that includes a domestic address, domestic phone number,
or electronic contact information, which may include a website,
through which the responsible person can receive adverse event
reports with respect to such cosmetic product.
‘‘(b) FRAGRANCE ALLERGENS.—The responsible person shall
identify on the label of a cosmetic product each fragrance allergen
included in such cosmetic product. Substances that are fragrance
allergens for purposes of this subsection shall be determined by
the Secretary by regulation. The Secretary shall issue a notice
of proposed rulemaking promulgating the regulation implementing
this requirement not later than 18 months after the date of enactment of the Modernization of Cosmetics Regulation Act of 2022,
and not later than 180 days after the date on which the public
comment period on the proposed rulemaking closes, shall issue
a final rulemaking. In promulgating regulations implementing this
subsection, the Secretary shall consider international, State, and
local requirements for allergen disclosure, including the substance
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and format of requirements in the European Union, and may establish threshold levels of amounts of substances subject to disclosure
pursuant to such regulations.
‘‘(c) COSMETIC PRODUCTS FOR PROFESSIONAL USE.—
‘‘(1) DEFINITION OF PROFESSIONAL.—For purposes of this
subsection, the term ‘professional’ means an individual who
is licensed by an official State authority to practice in the
field of cosmetology, nail care, barbering, or esthetics.
‘‘(2) PROFESSIONAL USE LABELING.—A cosmetic product
introduced into interstate commerce and intended to be used
only by a professional shall bear a label that—
‘‘(A) contains a clear and prominent statement that
the product shall be administered or used only by licensed
professionals; and
‘‘(B) is in conformity with the requirements of the
Secretary for cosmetics labeling under this Act and section
4(a) of the Fair Packaging and Labeling Act.
VerDate Sep 11 2014
Statement.
‘‘SEC. 610. RECORDS.
21 USC 364f.
‘‘(a) IN GENERAL.—If the Secretary has a reasonable belief
that a cosmetic product, including an ingredient in such cosmetic
product, and any other cosmetic product that the Secretary reasonably believes is likely to be affected in a similar manner, is likely
to be adulterated such that the use or exposure to such product
presents a threat of serious adverse health consequences or death
to humans, each responsible person and facility shall, at the request
of an officer or employee duly designated by the Secretary, permit
such officer or employee, upon presentation of appropriate credentials and a written notice to such person, at reasonable times
and within reasonable limits and in a reasonable manner, to have
access to and copy all records relating to such cosmetic product,
and to any other cosmetic product that the Secretary reasonably
believes is likely to be affected in a similar manner, that are
needed to assist the Secretary in determining whether the cosmetic
product is adulterated and presents a threat of serious adverse
health consequences or death to humans. This subsection shall
not be construed to extend to recipes or formulas for cosmetics,
financial data, pricing data, personnel data (other than data as
to qualification of technical and professional personnel performing
functions subject to this Act), research data (other than safety
substantiation data for cosmetic products and their ingredients),
or sales data (other than shipment data regarding sales).
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to limit the authority of the Secretary to inspect
records or require establishment and maintenance of records under
any other provision of this Act, including section 605 or 606.
Notice.
Determination.
‘‘SEC. 611. MANDATORY RECALL AUTHORITY.
21 USC 364g.
‘‘(a) IN GENERAL.—If the Secretary determines that there is
a reasonable probability that a cosmetic is adulterated under section
601 or misbranded under section 602 and the use of or exposure
to such cosmetic will cause serious adverse health consequences
or death, the Secretary shall provide the responsible person with
an opportunity to voluntarily cease distribution and recall such
article. If the responsible person refuses to or does not voluntarily
cease distribution or recall such cosmetic within the time and
manner prescribed by the Secretary (if so prescribed), the Secretary
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Deadline.
Determination.
Continuation.
Requirements.
Notifications.
Schedule.
Updates.
Determination.
Notice.
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PUBLIC LAW 117–328—DEC. 29, 2022
may, by order, require, as the Secretary determines necessary,
such person to immediately cease distribution of such article.
‘‘(b) HEARING.—The Secretary shall provide the responsible person who is subject to an order under subsection (a) with an opportunity for an informal hearing, to be held not later than 10 days
after the date of issuance of the order, on whether adequate evidence
exists to justify the order.
‘‘(c) ORDER RESOLUTION.—After an order is issued according
to the process under subsections (a) and (b), the Secretary shall,
except as provided in subsection (d)—
‘‘(1) vacate the order, if the Secretary determines that
inadequate grounds exist to support the actions required by
the order;
‘‘(2) continue the order ceasing distribution of the cosmetic
until a date specified in such order; or
‘‘(3) amend the order to require a recall of the cosmetic,
including any requirements to notify appropriate persons, a
timetable for the recall to occur, and a schedule for updates
to be provided to the Secretary regarding such recall.
‘‘(d) ACTION FOLLOWING ORDER.—Any person who is subject
to an order pursuant to paragraph (2) or (3) of subsection (c)
shall immediately cease distribution of or recall, as applicable,
the cosmetic and provide notification as required by such order.
‘‘(e) NOTICE TO PERSONS AFFECTED.—If the Secretary determines necessary, the Secretary may require the person subject
to an order pursuant to subsection (a) or an amended order pursuant
to paragraph (2) or (3) of subsection (c) to provide either a notice
of a recall order for, or an order to cease distribution of, such
cosmetic, as applicable, under this section to appropriate persons,
including persons who manufacture, distribute, import, or offer
for sale such product that is the subject of an order and to the
public.
‘‘(f) PUBLIC NOTIFICATION.—In conducting a recall under this
section, the Secretary shall—
‘‘(1) ensure that a press release is published regarding
the recall, and that alerts and public notices are issued, as
appropriate, in order to provide notification—
‘‘(A) of the recall to consumers and retailers to whom
such cosmetic was, or may have been, distributed; and
‘‘(B) that includes, at a minimum—
‘‘(i) the name of the cosmetic subject to the recall;
‘‘(ii) a description of the risk associated with such
article; and
‘‘(iii) to the extent practicable, information for consumers about similar cosmetics that are not affected
by the recall; and
‘‘(2) ensure publication, as appropriate, on the website of
the Food and Drug Administration of an image of the cosmetic
that is the subject of the press release described in paragraph
(1), if available.
‘‘(g) NO DELEGATION.—The authority conferred by this section
to order a recall or vacate a recall order shall not be delegated
to any officer or employee other than the Commissioner.
‘‘(h) EFFECT.—Nothing in this section shall affect the authority
of the Secretary to request or participate in a voluntary recall,
or to issue an order to cease distribution or to recall under any
other provision of this chapter.
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136 STAT. 5857
‘‘SEC. 612. SMALL BUSINESSES.
‘‘(a) IN GENERAL.—Responsible persons, and owners and operators of facilities, whose average gross annual sales in the United
States of cosmetic products for the previous 3-year period is less
than $1,000,000, adjusted for inflation, and who do not engage
in the manufacturing or processing of the cosmetic products
described in subsection (b), shall be considered small businesses
and not subject to the requirements of section 606 or 607.
‘‘(b) REQUIREMENTS APPLICABLE TO ALL MANUFACTURERS AND
PROCESSORS OF COSMETICS.—The exemptions under subsection (a)
shall not apply to any responsible person or facility engaged in
the manufacturing or processing of any of the following products:
‘‘(1) Cosmetic products that regularly come into contact
with mucus membrane of the eye under conditions of use that
are customary or usual.
‘‘(2) Cosmetic products that are injected.
‘‘(3) Cosmetic products that are intended for internal use.
‘‘(4) Cosmetic products that are intended to alter appearance for more than 24 hours under conditions of use that
are customary or usual and removal by the consumer is not
part of such conditions of use that are customary or usual.
‘‘SEC. 613. EXEMPTION FOR CERTAIN PRODUCTS AND FACILITIES.
Time periods.
21 USC 364h.
21 USC 364i.
‘‘(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.
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‘‘SEC. 614. PREEMPTION.
21 USC 364j.
‘‘(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
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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.’’.
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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))—
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(i) by striking ‘‘requirements of sections 760 or
761,’’ and inserting ‘‘requirements of section 605, 760,
or 761’’;
(ii) by striking ‘‘as defined in section 760 or 761’’
and inserting ‘‘as defined in section 604, 760, or 761’’;
and
(iii) by striking ‘‘with section 760 or 761’’ and
inserting ‘‘with section 605, 760, or 761’’.
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by subsection
(a) shall take effect on the date that is 1 year after the date
of enactment of this Act.
(2) LABELING REQUIREMENT.—Section 609(a) of the Federal
Food, Drug, and Cosmetic Act, as added by section 802, shall
take effect on the date that is 2 years after the date of enactment of this Act.
(c) CONFIDENTIALITY.—
(1) IN GENERAL.—The Secretary shall take appropriate
measures to ensure that there are in effect effective procedures
to prevent the unauthorized disclosure of any trade secret or
confidential commercial information that is obtained by the
Secretary of Health and Human Services pursuant to this subtitle, including the amendments made by this subtitle.
(2) CLARIFICATION.—Nothing in this subtitle, including the
amendments made by this subtitle, shall be construed to
authorize the disclosure of information that is prohibited from
disclosure under section 301(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331(j)) or section 1905 of title 18,
United States Code, or that is subject to withholding under
section 552(b)(4) of title 5, United States Code.
21 USC 331 note.
21 USC 364e
note.
21 USC 364 note.
SEC. 3504. RECORDS INSPECTION.
Section 704(a)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 374(a)(1)) is amended by inserting after the second
sentence the following: ‘‘In the case of a facility (as defined in
section 604) that manufactures or processes cosmetic products, the
inspection shall extend to all records and other information
described in sections 605, 606, and 610, when the standard for
records inspection under such section applies.’’.
SEC. 3505. TALC-CONTAINING COSMETICS.
The Secretary of Health and Human Services—
(1) not later than one year after the date of enactment
of this Act, shall promulgate proposed regulations to establish
and require standardized testing methods for detecting and
identifying asbestos in talc-containing cosmetic products; and
(2) not later than 180 days after the date on which the
public comment period on the proposed regulations closes, shall
issue such final regulations.
Deadlines.
Regulations.
21 USC 364d
note.
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SEC. 3506. PFAS IN COSMETICS.
(a) IN GENERAL.—The Secretary of Health and Human Services
(referred to in this section as the ‘‘Secretary’’) shall assess the
use of perfluoroalkyl and polyfluoroalkyl substances in cosmetic
products and the scientific evidence regarding the safety of such
use in cosmetic products, including any risks associated with such
use. In conducting such assessment, the Secretary may, as appropriate, consult with the National Center for Toxicological Research.
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(b) REPORT.—Not later than 3 years after enactment of this
Act, the Secretary shall publish on the website of the Food and
Drug Administration a report summarizing the results of the assessment conducted under subsection (a).
Web posting.
Summary.
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.
Time periods.
SEC. 3508. FUNDING.
There is authorized to be appropriated $14,200,000 for fiscal
year 2023, $25,960,000 for fiscal year 2024, and $41,890,000 for
each of fiscal years 2025 through 2027, for purposes of conducting
the activities under this subtitle (including the amendments made
by this subtitle) and hiring personnel required to carry out this
subtitle (including the amendments made by this subtitle).
Subtitle F—Cross-Cutting Provisions
CHAPTER 1—CLINICAL TRIAL DIVERSITY AND
MODERNIZATION
SEC. 3601. DIVERSITY ACTION PLANS FOR CLINICAL STUDIES.
Guidance.
Deadline.
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Waiver authority.
Determination.
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(a) DRUGS.—Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the
following:
‘‘(z)(1) With respect to a clinical investigation of a new drug
that is a phase 3 study, as defined in section 312.21(c) of title
21, Code of Federal Regulations (or successor regulations), or, as
appropriate, another pivotal study of a new drug (other than bioavailability or bioequivalence studies), the sponsor of such drug
shall submit to the Secretary a diversity action plan.
‘‘(2) Such diversity action plan shall include—
‘‘(A) the sponsor’s goals for enrollment in such clinical
study;
‘‘(B) the sponsor’s rationale for such goals; and
‘‘(C) an explanation of how the sponsor intends to meet
such goals.
‘‘(3) The sponsor shall submit to the Secretary such diversity
action plan, in the form and manner specified by the Secretary
in guidance, as soon as practicable but not later than the date
on which the sponsor submits the protocol to the Secretary for
such a phase 3 study or other pivotal study of the drug. The
sponsor may submit modifications to the diversity action plan.
Any such modifications shall be in the form and manner specified
by the Secretary in guidance.
‘‘(4)(A) On the initiative of the Secretary or at the request
of a sponsor, the Secretary may waive any requirement in paragraph (1), (2), or (3) if the Secretary determines that a waiver
is necessary based on what is known or what can be determined
about the prevalence or incidence of the disease or condition for
which the new drug is under investigation (including in terms
of the patient population that may use the drug), if conducting
a clinical investigation in accordance with a diversity action plan
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136 STAT. 5861
would otherwise be impracticable, or if such waiver is necessary
to protect public health during a public health emergency.
‘‘(B) The Secretary shall issue a written response granting
or denying a request from a sponsor for a waiver within 60 days
of receiving such request.
‘‘(5) No diversity action plan shall be required for a submission
described in section 561.’’.
(b) DEVICES.—Section 520(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360j(g)) is amended by adding at the
end the following:
‘‘(9)(A)(i) The sponsor of a device for which submission of an
application for an investigational device exemption is required shall
submit to the Secretary in such application a diversity action plan
for clinical studies of the device, in the form and manner specified
in guidance issued by the Secretary.
‘‘(ii) The sponsor of a device for which submission of an application for an investigational device exemption is not required, except
for a device being studied as described in section 812.2(c) of title
21, Code of Federal Regulations (or successor regulations), shall
develop a diversity action plan for any clinical study with respect
to the device. Such diversity action plan shall be submitted to
the Secretary in any premarket notification under section 510(k),
request for classification under section 513(f)(2), or application for
premarket approval under section 515 for such device.
‘‘(B) A diversity action plan under clause (i) or (ii) of subparagraph (A) shall include—
‘‘(i) the sponsor’s goals for enrollment in the clinical study;
‘‘(ii) the sponsor’s rationale for such goals; and
‘‘(iii) an explanation of how the sponsor intends to meet
such goals.
‘‘(C)(i) On the initiative of the Secretary or at the request
of a sponsor, the Secretary may waive any requirement in subparagraph (A) or (B) if the Secretary determines that a waiver is
necessary based on what is known or can be determined about
the prevalence or incidence of the disease or condition for which
the device is under investigation (including in terms of the patient
population that may use the device), if conducting a clinical investigation in accordance with a diversity action plan would otherwise
be impracticable, or if such waiver is necessary to protect public
health during a public health emergency.
‘‘(ii) The Secretary shall issue a written response granting
or denying a request from a sponsor for a waiver within 60 days
of receiving such request.
‘‘(D) No diversity action plan shall be required for a submission
described in section 561.’’.
Deadline.
Waiver authority.
Determination.
Deadline.
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SEC. 3602. GUIDANCE ON DIVERSITY ACTION PLANS FOR CLINICAL
STUDIES.
(a) IN GENERAL.—The Secretary shall update or issue guidance
relating to—
(1) the format and content of the diversity action plans
required by sections 505(z) and 520(g)(9) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(z); 360j(g)(9)) (as
amended by section 3601) pertaining to the sponsor’s goals
for clinical study enrollment, disaggregated by age group, sex,
and racial and ethnic demographic characteristics of clinically
relevant study populations, and may include characteristics
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21 USC 355 note.
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136 STAT. 5862
Deadlines.
21 USC 355 note.
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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 comorbidities affecting the patient population; and
(III) potential barriers to enrolling diverse
participants, such as patient population size,
geographic location, and socioeconomic status; and
(v) any other data or information relevant to
selecting appropriate enrollment goals, disaggregated
by demographic subgroup, such as the inclusion of
pregnant and lactating women; and
(B) an explanation for how the sponsor intends to
meet such goals, including demographic-specific outreach
and enrollment strategies, study-site selection, clinical
study inclusion and exclusion practices, and any diversity
training for study personnel;
(2) submission of any modifications to the diversity action
plan;
(3) considerations for the public posting by a sponsor of
key information from the diversity action plan that would be
useful to patients and providers on the sponsor’s website, as
appropriate;
(4) criteria that the Secretary will consider in assessing
whether to grant a sponsor’s request to waive the requirement
to submit a diversity action plan under section 505(z)(4) or
520(g)(9)(C) of the Federal Food, Drug, and Cosmetic Act (as
amended by section 3601); and
(5) how sponsors may include in regular reports otherwise
required by the Secretary—
(A) the sponsor’s progress in meeting the goals referred
to in paragraph (1)(A); and
(B) any updates needed to be made to a diversity
action plan referred to in paragraph (1) to help meet goals
referred to in paragraph (1)(A); and
(C) if the sponsor does not expect to meet goals referred
to in paragraph (1)(A), the sponsor’s reasons for why the
sponsor does not expect to meet such goals.
(b) ISSUANCE.—The Secretary shall—
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(1) not later than 12 months after the date of enactment
of this Act, issue new draft guidance or update existing draft
guidance described in subsection (a); and
(2) not later than 9 months after closing the comment
period on such draft guidance, finalize such guidance.
(c) APPLICABILITY.—Sections 505(z) and 520(g)(9) of the Federal
Food, Drug, and Cosmetic Act, as added by section 3601, shall
apply only with respect to clinical investigations for which enrollment commences after the date that is 180 days after the publication of final guidance required under this section.
Update.
Public comments.
Effective date.
21 USC 355 note.
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SEC. 3603. PUBLIC WORKSHOPS TO ENHANCE CLINICAL STUDY DIVERSITY.
(a) IN GENERAL.—Not later than one year after the date of
enactment of this Act, the Secretary, in consultation with drug
sponsors, medical device sponsors, clinical research organizations,
academia, patients, and other stakeholders, shall convene one or
more public workshops to solicit input from stakeholders on
increasing the enrollment of historically underrepresented populations in clinical studies and encouraging clinical study participation that reflects the prevalence of the disease or condition among
demographic subgroups, where appropriate, and other topics,
including—
(1) how and when to collect and present the prevalence
or incidence data on a disease or condition by demographic
subgroup, including possible sources for such data and methodologies for assessing such data;
(2) considerations for the dissemination, as appropriate,
after approval, of information to the public on clinical study
enrollment demographic data;
(3) the establishment of goals for enrollment in clinical
trials, including the relevance of the estimated prevalence or
incidence, as applicable, in the United States of the disease
or condition for which the drug or device is being developed;
and
(4) approaches to support inclusion of underrepresented
populations and to encourage clinical study participation that
reflects the population expected to use the drug or device under
study, including with respect to—
(A) the establishment of inclusion and exclusion criteria for certain subgroups, such as pregnant and lactating
women and individuals with disabilities, including intellectual or developmental disabilities or mental illness;
(B) considerations regarding informed consent with
respect to individuals with intellectual or developmental
disabilities or mental illness, including ethical and scientific
considerations;
(C) the appropriate use of decentralized trials or digital
health tools;
(D) clinical endpoints;
(E) biomarker selection; and
(F) studying analysis.
(b) PUBLIC DOCKET.—The Secretary shall establish a public
comment period to receive written comments related to the topics
addressed during each public workshop convened under this section.
The public comment period shall remain open for 60 days following
the date on which each public workshop is convened.
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Public comment.
Time period.
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136 STAT. 5864
Public
information.
Web posting.
Summary.
Recommendations.
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(c) REPORT.—Not later than 180 days after the close of the
public comment period for each public workshop convened under
this section, the Secretary shall make available on the public
website of the Food and Drug Administration a report on the
topics discussed at such workshop. The report shall include a summary of topics and responses to any recommendations raised in
such workshop.
21 USC 355 note.
SEC. 3604. ANNUAL SUMMARY REPORT ON PROGRESS TO INCREASE
DIVERSITY IN CLINICAL STUDIES.
Public
information.
Web posting.
(a) IN GENERAL.—Beginning not later than 2 years after the
date of enactment of this Act, and each year thereafter, the Secretary shall submit to the Congress, and publish on the public
website of the Food and Drug Administration, a report that—
(1) summarizes, in aggregate, the diversity action plans
received pursuant to section 505(z) or 520(g)(9) of the Federal
Food, Drug, and Cosmetic Act, as added by section 3601; and
(2) contains information, in the aggregate, on—
(A) for drugs, biological products, and devices approved,
licensed, cleared, or classified under section 505, 515,
510(k), or 513(f)(2) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355; 360e; 360(k); and 360(f)(2)), or section
351(a) of the Public Health Service Act (42 U.S.C. 262(a)),
whether the clinical studies conducted with respect to such
applications met the demographic subgroup enrollment
goals from the diversity action plan submitted for such
applications; and
(B) the reasons provided, if any, for why enrollment
goals from submitted diversity action plans were not met.
(b) CONFIDENTIALITY.—Nothing in this section shall be construed as authorizing the Secretary to disclose any information
that is a trade secret or confidential information subject to section
552(b)(4) of title 5, United States Code, or section 1905 of title
18, United States Code.
Recommendations.
SEC. 3605. PUBLIC MEETING ON CLINICAL STUDY FLEXIBILITIES INITIATED IN RESPONSE TO COVID–19 PANDEMIC.
Deadline.
(a) IN GENERAL.—Not later than 180 days after the date on
which the COVID–19 emergency period ends, the Secretary shall
convene a public meeting to discuss the recommendations provided
by the Food and Drug Administration during the COVID–19 emergency period to mitigate disruption of clinical studies, including
recommendations detailed in the guidance entitled ‘‘Conduct of Clinical Trials of Medical Products During the COVID–19 Public Health
Emergency, Guidance for Industry, Investigators, and Institutional
Review Boards’’, as updated on August 8, 2021, and by any subsequent updates to such guidance. The Secretary shall invite to such
meeting representatives from the pharmaceutical and medical
device industries who sponsored clinical studies during the COVID–
19 emergency period and organizations representing patients.
(b) TOPICS.—Not later than 90 days after the date on which
the public meeting under subsection (a) is convened, the Secretary
shall make available on the public website of the Food and Drug
Administration a report on the topics discussed at such meeting.
Such topics shall include discussion of—
(1) the actions sponsors took to utilize such recommendations and the frequency at which such recommendations were
employed;
Web posting.
Reports.
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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)).
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SEC. 3606. DECENTRALIZED CLINICAL STUDIES.
(a) GUIDANCE.—The Secretary shall—
(1) not later than 1 year after the date of enactment of
this Act, issue or revise draft guidance that includes recommendations to clarify and advance the use of decentralized
clinical studies to support the development of drugs and devices,
including recommendations for how to advance the use of
flexible and novel clinical trial designs and to help improve
trial participant engagement, recruitment, enrollment, and
retention of a meaningfully diverse clinical population,
including with respect to race, ethnicity, age, sex, and
geographic location, when appropriate; and
(2) not later than 1 year after closing the comment period
on such draft guidance, finalize such guidance.
(b) CONTENT OF GUIDANCE.—The guidance under subsection
(a) shall address the following:
(1) Recommendations related to digital health technology
or other assessment options, such as telehealth, local laboratories, local health care providers, or other options for remote
data collection, could support decentralized clinical studies,
including guidance on considerations for selecting technological
platforms and mediums, data collection and use, data integrity
and security, and communication to study participants through
digital technology.
(2) Recommendations for subject recruitment, retention,
and engagement, including considerations for sponsors to minimize or reduce burdens for clinical study participants through
the use of digital health technology, telehealth, local health
care providers and laboratories, health care provider home
visits, direct-to-participant engagement, electronic informed
consent, or other means, as appropriate.
(3) Recommendations with respect to the evaluation of
data collected within a decentralized clinical study setting.
(4) Recommendations for methods of remote data collection,
including clinical trial participant experience data, through the
use of digital health technologies, telemedicine, local laboratories, local health care providers, or other options for data
collection.
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Recommendations.
21 USC
360a–1 note.
Deadlines.
Revision.
Data.
Evaluation.
Data.
Data.
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136 STAT. 5866
(5) Considerations for sponsors to minimize or reduce burdens for clinical trial participants associated with participating
in a clinical trial, such as the use of digital technologies, telemedicine, local laboratories, local health care providers, or other
data collection or assessment options, health care provider home
visits, direct-to-participant shipping of investigational drugs
and devices, and electronic informed consent, as appropriate.
(6) Recommendations regarding conducting decentralized
clinical trials to facilitate and encourage meaningful diversity
among clinical trial participants, including with respect to race,
ethnicity, age, sex, and geographic location, as appropriate.
(7) Recommendations for strategies and methods for
recruiting, retaining, and engaging with clinical trial participants, including communication regarding the role of clinical
trial participants and community partners to facilitate clinical
trial recruitment and engagement, including with respect to
diverse and underrepresented populations, as appropriate.
(8) Considerations for review and oversight by sponsors
and institutional review boards, including remote trial oversight.
(9) Recommendations for decentralized clinical trial protocol designs and processes for evaluating such proposed clinical
trial designs.
(10) Recommendations related to digital health technology
and other remote assessment tools that may support decentralized clinical trials, including guidance on appropriate technological platforms and tools, data collection and use, data integrity, and communication to clinical trial participants through
such technology.
(11) A description of the manner in which the Secretary
will assess or evaluate data collected within a decentralized
clinical trial to support the development of the drug or device,
if the manner is different from that used for a nondecentralized
trial.
(12) Considerations for sponsors to validate digital technologies and establish appropriate clinical endpoints for use
in decentralized trials.
(13) Considerations for privacy and security of personally
identifiable information of trial participants.
(14) Considerations for conducting clinical trials using centralized approaches in conjunction with decentralized
approaches.
(c) DEFINITION.—In this section, the term ‘‘decentralized clinical
study’’ means a clinical study in which some or all of the studyrelated activities occur at a location separate from the investigator’s
location.
Data.
Assessment.
Data.
Assessment.
Evaluation.
Data.
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Deadlines.
Revisions.
Guidance.
Reviews.
Recommendations.
21 USC
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SEC. 3607. MODERNIZING CLINICAL TRIALS.
IN
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(a) CLARIFYING THE USE OF DIGITAL HEALTH TECHNOLOGIES
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
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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Analysis.
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PUBLIC LAW 117–328—DEC. 29, 2022
to, and the use of, digital health technologies in clinical
trials by people with disabilities and pediatric populations.
(b) SEAMLESS AND CONCURRENT CLINICAL TRIALS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall issue or revise
draft guidance on the use of seamless, concurrent, and other
innovative clinical trial designs to support the expedited
development and review of applications for drugs, as appropriate. Not later than 18 months after the public comment
period on such draft guidance ends, the Secretary shall issue
a revised draft guidance or final guidance.
(2) CONTENT.—The guidance described in paragraph (1)
shall include—
(A) recommendations on the use of expansion cohorts
and other seamless clinical trial designs to assess different
aspects of product candidates in one continuous trial,
including how such clinical trial designs can be used as
part of meeting the substantial evidence standard under
section 505(d) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(d));
(B) recommendations on the use of clinical trial designs
that involve the concurrent conduct of different or multiple
clinical trial phases, and the concurrent conduct of preclinical testing, to expedite the development of new drugs
and facilitate the timely collection of data;
(C) recommendations for how to streamline trial logistics and facilitate the efficient collection and analysis of
clinical trial data, including any planned interim analyses
and how such analyses could be used to streamline the
product development and review processes;
(D) considerations to assist sponsors in ensuring the
rights, safety, and welfare of clinical trial participants,
maintaining compliance with good clinical practice regulations, minimizing risks to clinical trial data integrity, and
ensuring the reliability of clinical trial results;
(E) recommendations for communication between sponsors and the Food and Drug Administration on the development of seamless, concurrent, or other adaptive clinical
trial designs, including review of, and feedback on, clinical
trial protocols; and
(F) a description of the manner in which the Secretary
will assess or evaluate data collected through seamless,
concurrent, or other adaptive clinical trial designs to support the development of drugs.
(c) INTERNATIONAL HARMONIZATION.—The Secretary shall, as
appropriate, work with foreign regulators pursuant to memoranda
of understanding or other arrangements governing the exchange
of information to facilitate international harmonization of the regulation and use of decentralized clinical trials, digital technology
in clinical trials, and seamless, concurrent, and other adaptive
or innovative clinical trial designs.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) GUIDANCE.—
(A) IN GENERAL.—The Secretary shall issue or update
guidance describing—
(i) circumstances in which the Secretary intends
to issue requests for records or other information in
advance of, or in lieu of, an inspection under section
704(a)(4) of the Federal Food, Drug, and Cosmetic Act,
as amended by paragraph (1);
(ii) processes for responding to such requests electronically or in physical form; and
(iii) factors the Secretary intends to consider in
evaluating whether such records and other information
are provided within a reasonable timeframe, within
reasonable limits, and in a reasonable manner,
accounting for resource and other limitations that may
exist, including for small businesses.
(B) TIMING.—The Secretary shall—
(i) not later than 1 year after the date of enactment
of this Act, issue draft guidance under subparagraph
(A); and
(ii) not later than 1 year after the close of the
comment period for such draft guidance, issue final
guidance under subparagraph (A).
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SEC. 3612. BIORESEARCH MONITORING INSPECTIONS.
21 USC 374 note.
Update.
Deadlines.
Records.
(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.
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136 STAT. 5870
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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.
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136 STAT. 5871
‘‘(E) The studies and submissions described in this subparagraph are each of the following:
‘‘(i) Clinical and nonclinical studies submitted to the Secretary in support of, or otherwise related to, applications and
other submissions to the Secretary under this Act or the Public
Health Service Act for marketing authorization of a product
described in paragraph (1).
‘‘(ii) Postmarket safety activities conducted under this Act
or the Public Health Service Act.
‘‘(iii) Any other clinical investigation of—
‘‘(I) a drug subject to section 505 or 512 of this Act
or section 351 of the Public Health Service Act; or
‘‘(II) a device subject to section 520(g).
‘‘(iv) Any other submissions made under this Act or the
Public Health Service Act with respect to which the Secretary
determines an inspection under this paragraph is warranted
in the interest of public health.
‘‘(F) This paragraph clarifies the authority of the Secretary
to conduct inspections of the type described in this paragraph
and shall not be construed as a basis for inferring that, prior
to the date of enactment of this paragraph, the Secretary lacked
the authority to conduct such inspections, including under this
Act or the Public Health Service Act.’’.
(b) REVIEW OF PROCESSES AND PRACTICES; GUIDANCE FOR
INDUSTRY.—
(1) IN GENERAL.—The Secretary shall—
(A) review processes and practices in effect as of the
date of enactment of this Act applicable to inspections
of foreign and domestic sites and facilities described in
subparagraph (C)(i) of section 704(a)(5) of the Federal Food,
Drug, and Cosmetic Act, as added by subsection (a); and
(B) evaluate whether any updates are needed to facilitate the consistency of such processes and practices.
(2) GUIDANCE.—
(A) IN GENERAL.—The Secretary shall issue guidance
describing the processes and practices applicable to inspections of sites and facilities described in subparagraph (C)(i)
of section 704(a)(5) of the Federal Food, Drug, and Cosmetic
Act, as added by subsection (a), including with respect
to the types of records and information required to be
provided, best practices for communication between the
Food and Drug Administration and industry in advance
of or during an inspection or request for records or other
information, and other inspections-related conduct, to the
extent not specified in existing publicly available Food and
Drug Administration guides and manuals for such inspections.
(B) TIMING.—The Secretary shall—
(i) not later than 18 months after the date of
enactment of this Act, issue draft guidance under
subparagraph (A); and
(ii) not later than 1 year after the close of the
public comment period for such draft guidance, issue
final guidance under subparagraph (A).
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Studies.
Determination.
21 USC 374 note.
Evaluation.
Deadlines.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 3613. IMPROVING FOOD AND DRUG ADMINISTRATION INSPECTIONS.
Deadline.
Assessments.
(a) RISK FACTORS FOR ESTABLISHMENTS.—Section 510(h)(4) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)(4))
is amended—
(1) by redesignating subparagraph (F) as subparagraph
(G); and
(2) by inserting after subparagraph (E) the following:
‘‘(F) The compliance history of establishments in the
country or region in which the establishment is located
that are subject to regulation under this Act, including
the history of violations related to products exported from
such country or region that are subject to such regulation.’’.
(b) USE OF RECORDS.—Section 704(a)(4) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 374(a)(4)) is amended—
(1) by redesignating subparagraph (C) as subparagraph
(D); and
(2) by inserting after subparagraph (B) the following:
‘‘(C) The Secretary may rely on any records or other information
that the Secretary may inspect under this section to satisfy requirements that may pertain to a preapproval or risk-based surveillance
inspection, or to resolve deficiencies identified during such inspections, if applicable and appropriate.’’.
(c) RECOGNITION OF FOREIGN GOVERNMENT INSPECTIONS.—Section 809 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
384e) is amended—
(1) in subsection (a)(1), by inserting ‘‘preapproval or’’ before
‘‘risk-based inspections’’; and
(2) by adding at the end the following:
‘‘(c) PERIODIC REVIEW.—
‘‘(1) IN GENERAL.—Beginning not later than 1 year after
the date of the enactment of the Food and Drug Omnibus
Reform Act of 2022, the Secretary shall periodically assess
whether additional arrangements and agreements with a foreign government or an agency of a foreign government, as
allowed under this section, are appropriate.
‘‘(2) REPORTS TO CONGRESS.—Beginning not later than 4
years after the date of the enactment of the Food and Drug
Omnibus Reform Act of 2022, and every 4 years thereafter,
the Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate a
report describing the findings and conclusions of each review
conducted under paragraph (1).’’.
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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
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136 STAT. 5873
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(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.
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SEC. 3615. UNANNOUNCED FOREIGN FACILITY INSPECTIONS PILOT
PROGRAM.
21 USC 374 note.
(a) IN GENERAL.—The Secretary shall conduct a pilot program
under which the Secretary increases the conduct of unannounced
surveillance inspections of foreign human drug establishments and
evaluates the differences between such inspections of domestic and
foreign human drug establishments, including the impact of
announcing inspections to persons who own or operate foreign
human drug establishments in advance of an inspection. Such pilot
program shall evaluate—
(1) differences in the number and type of violations of
section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351(a)(2)(B)) identified as a result of unannounced and announced inspections of foreign human drug
establishments and any other significant differences between
each type of inspection;
Evaluations.
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136 STAT. 5874
Cost benefits.
Deadline.
Public
information.
Web posting.
Recommendations.
PUBLIC LAW 117–328—DEC. 29, 2022
(2) costs and benefits associated with conducting announced
and unannounced inspections of foreign human drug establishments;
(3) barriers to conducting unannounced inspections of foreign human drug establishments and any challenges to
achieving parity between domestic and foreign human drug
establishment inspections; and
(4) approaches for mitigating any negative effects of conducting announced inspections of foreign human drug establishments.
(b) PILOT PROGRAM SCOPE.—The inspections evaluated under
the pilot program under this section shall be routine surveillance
inspections and shall not include inspections conducted as part
of the Secretary’s evaluation of a request for approval to market
a drug submitted under the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.) or the Public Health Service Act (42
U.S.C. 201 et seq.).
(c) PILOT PROGRAM INITIATION.—The Secretary shall initiate
the pilot program under this section not later than 180 days after
the date of enactment of this Act.
(d) REPORT.—The Secretary shall, not later than 180 days following the completion of the pilot program under this section,
make available on the website of the Food and Drug Administration
a final report on the pilot program under this section, including—
(1) findings and any associated recommendations with
respect to the evaluation under subsection (a), including any
recommendations to address identified barriers to conducting
unannounced inspections of foreign human drug establishments;
(2) findings and any associated recommendations regarding
how the Secretary may achieve parity between domestic and
foreign human drug inspections; and
(3) the number of unannounced inspections during the
pilot program that would not be unannounced under practices
in use as of the date of the enactment of this Act.
SEC. 3616. ENHANCING COORDINATION AND TRANSPARENCY ON
INSPECTIONS.
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Time period.
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(a) COORDINATION.—Section 506D of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356d) is amended—
(1) by adding at the end the following:
‘‘(g) COORDINATION.—The Secretary shall ensure timely and
effective internal coordination and alignment among the field investigators of the Food and Drug Administration and the staff of
the Center for Drug Evaluation and Research’s Office of Compliance
and Drug Shortage Program regarding—
‘‘(1) the reviews of reports shared pursuant to section
704(b)(2); and
‘‘(2) any feedback or corrective or preventive actions in
response to such reports.’’; and
(2) by amending subsection (f) to read as follows:
‘‘(f) TEMPORARY SUNSET.—Subsection (a) shall cease to be effective on the date that is 5 years after the date of enactment of
the Food and Drug Administration Safety and Innovation Act. Subsections (b), (c), and (e) shall not be in effect during the period
beginning 5 years after the date of enactment of the Food and
Drug Administration Safety and Innovation Act and ending on
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5875
the date of enactment of the Food and Drug Omnibus Reform
Act of 2022. Subsections (b), (c), and (e) shall be in effect beginning
on the date of enactment of the Food and Drug Omnibus Reform
Act of 2022.’’.
(b) REPORTING.—
(1) AMENDMENTS.—Section 506C–1(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356c–1(a)) is amended—
(A) by redesignating paragraphs (3) through (7) as
paragraphs (5) through (9), respectively;
(B) by inserting after paragraph (2) the following:
‘‘(3) describes the coordination and alignment activities
undertaken pursuant to section 506D(g);
‘‘(4) provides the number of reports that were required
under section 704(b)(2) to be sent to the appropriate offices
of the Food and Drug Administration with expertise regarding
drug shortages, and the number of such reports that were
sent;’’; and
(C) in paragraph (5)(A), as so redesignated, by striking
‘‘paragraph (7)’’ and inserting ‘‘paragraph (9)’’.
(2) APPLICABILITY.—The amendments made by paragraph
(1) shall apply with respect to reports submitted under section
506C–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356c–1) on or after March 31, 2024.
(c) REPORTING OF MUTUAL RECOGNITION AGREEMENTS FOR
INSPECTIONS AND REVIEW ACTIVITIES.—Section 510(h) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)) is amended—
(1) in paragraph (6)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘Beginning in 2014, not’’ and inserting ‘‘Not’’;
(B) by amending subparagraph (A) to read as follows:
‘‘(A)(i) the number of domestic and foreign establishments registered pursuant to this section in the previous
fiscal year;
‘‘(ii) the number of such registered establishments in
each region of interest;
‘‘(iii) the number of such domestic establishments and
the number of such foreign establishments, including the
number of establishments in each region of interest, that
the Secretary inspected in the previous fiscal year;
‘‘(iv) the number of inspections to support actions by
the Secretary on applications under section 505 of this
Act or section 351 of the Public Health Service Act,
including the number of inspections to support actions by
the Secretary on supplemental applications, including
changes to manufacturing processes, the Secretary conducted in the previous fiscal year;
‘‘(v) the number of routine surveillance inspections the
Secretary conducted in the previous fiscal year, including
in each region of interest;
‘‘(vi) the number of for-cause inspections the Secretary
conducted in the previous fiscal year, not including inspections described in clause (iv), including in each region
of interest; and
‘‘(vii) the number of inspections the Secretary has recognized pursuant to an agreement entered into pursuant
to section 809, or otherwise recognized, for each of the
types of inspections described in clauses (v) and (vi),
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Effective date.
21 USC
356c–1 note.
Time period.
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136 STAT. 5876
PUBLIC LAW 117–328—DEC. 29, 2022
including for inspections of establishments in each region
of interest.’’;
(C) in subparagraph (B), by striking ‘‘; and’’ and
inserting a semicolon;
(D) in subparagraph (C), by striking the period and
inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(D) the status of the efforts of the Food and Drug
Administration to expand its recognition of inspections conducted or recognized by foreign regulatory authorities
under section 809, including any obstacles to expanding
the use of such recognition.’’; and
(2) by adding at the end the following:
‘‘(7) REGION OF INTEREST.—For purposes of paragraph
(6)(A), the term ‘region of interest’ means a foreign geographic
region or country, including the People’s Republic of China,
India, the European Union, the United Kingdom, and any other
country or geographic region, as the Secretary determines
appropriate.’’.
Definition.
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.
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Public
information.
Web posting.
Time period.
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‘‘Not later than 120 days after the end of each fiscal year,
the Secretary of Health and Human Services shall post on the
website of the Food and Drug Administration information related
to inspections of facilities necessary for approval of a drug under
subsection (c) or (j) of section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355) or approval of a device under
section 515 of such Act (21 U.S.C. 360e) that were conducted during
the previous fiscal year. Such information shall include the following:
‘‘(1) The median time following a request from staff of
the Food and Drug Administration reviewing an application
or report to the beginning of the inspection, including—
‘‘(A) the median time for drugs described in
505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)(11)(A)(i));
‘‘(B) the median time for drugs for which a notification
has been submitted in accordance with section 506C(a)
of such Act (21 U.S.C. 356c(a)) during the previous fiscal
year; and
‘‘(C) the median time for drugs on the drug shortage
list in effect under section 506E of such Act (21 U.S.C.
356e) at the time of such request.
‘‘(2) The median time from the issuance of a report pursuant to section 704(b) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 374(b)) to the sending of a warning letter,
issuance of an import alert, or holding of a regulatory meeting
for inspections for which the Secretary concluded that regulatory or enforcement action was indicated, including the
median time for each category of drugs listed in subparagraphs
(A) through (C) of paragraph (1).
‘‘(3) The median time from the sending of a warning letter,
issuance of an import alert, or holding of a regulatory meeting
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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SEC. 3621. REGULATION OF CERTAIN PRODUCTS AS DRUGS.
Section 503 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353) is amended by adding at the end the following:
‘‘(h)(1) Any contrast agent, radioactive drug, or OTC monograph
drug shall be deemed to be a drug under section 201(g) and not
a device under section 201(h).
‘‘(2) For purposes of this subsection:
‘‘(A) The term ‘contrast agent’ means an article that is
intended for use in conjunction with a medical imaging device,
and—
‘‘(i) is a diagnostic radiopharmaceutical, as defined in
sections 315.2 and 601.31 of title 21, Code of Federal Regulations (or any successor regulations); or
‘‘(ii) is a diagnostic agent that improves the visualization of structure or function within the body by increasing
the relative difference in signal intensity within the target
tissue, structure, or fluid.
‘‘(B) The term ‘radioactive drug’ has the meaning given
such term in section 310.3(n) of title 21, Code of Federal Regulations (or any successor regulations), except that such term
does not include—
‘‘(i) an implant or article similar to an implant;
‘‘(ii) an article that applies radiation from outside of
the body; or
‘‘(iii) the radiation source of an article described in
clause (i) or (ii).
‘‘(C) The term ‘OTC monograph drug’ has the meaning
given such term in section 744L.
‘‘(3) Nothing in this subsection shall be construed as allowing
for the classification of a product as a drug (as defined in section
201(g)) if such product—
‘‘(A) is not described in paragraph (1); and
‘‘(B) meets the definition of a device under section 201(h),
unless another provision of this Act otherwise indicates a different
classification.
‘‘(4) The Secretary shall waive the application fee under sections
736 and 744B for applications for drugs that are—
‘‘(A) on the date of enactment of the Prescription Drug
User Fee Amendments of 2022, legally marketed as devices;
and
‘‘(B) deemed drugs pursuant to paragraph (1)’’.
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Definitions.
Waiver authority.
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PUBLIC LAW 117–328—DEC. 29, 2022
Deadline.
SEC. 3622. WOMEN’S HEALTH RESEARCH ROADMAP.
Review.
Update.
Not later than 2 years after the date of enactment of this
Act, the Office of Women’s Health of the Food and Drug Administration, established under section 1011 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 399b), shall—
(1) review and, as appropriate, update the Women’s Health
Research Roadmap issued in December 2015; and
(2) brief the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives on the review and,
as appropriate, any resulting update.
Briefing.
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:
21 USC
379d–3b.
Public
information.
Web posting.
Strategy.
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Update.
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‘‘SEC. 714B. STRATEGIC WORKFORCE PLAN AND REPORT.
‘‘(a) IN GENERAL.—Not later than September 30, 2023, and
at least every 4 years thereafter, the Secretary shall develop, begin
implementation of, and submit to the appropriate committees of
Congress and post on the website of the Food and Drug Administration, a coordinated strategy and report to provide direction for
the activities and programs of the Secretary to recruit, hire, train,
develop, and retain the workforce needed to fulfill the public health
mission of the Food and Drug Administration, including to facilitate
collaboration across centers, to keep pace with new biomedical,
technological, and scientific advancements, and support the development, review, and regulation of medical products. Each such report
shall be known as the ‘Food and Drug Administration Strategic
Workforce Plan’.
‘‘(b) USE OF THE FOOD AND DRUG ADMINISTRATION STRATEGIC
WORKFORCE PLAN.—Each center within the Food and Drug
Administration shall develop and update, as appropriate, a strategic
plan that will be informed by the Food and Drug Administration
Strategic Workforce Plans developed under subsection (a).
‘‘(c) CONTENTS OF THE FOOD AND DRUG ADMINISTRATION STRATEGIC WORKFORCE PLAN.—Each Food and Drug Administration
Strategic Workforce Plan under subsection (a) shall—
‘‘(1) include agency-wide human capital strategic goals and
priorities for recruiting, hiring, training, developing, and
retaining a qualified workforce for the Food and Drug Administration;
‘‘(2) establish specific actions the Secretary will take to
achieve such strategic goals and priorities and address the
workforce needs of the Food and Drug Administration in the
forthcoming fiscal years;
‘‘(3) identify challenges and risks the Secretary will face
in meeting its strategic goals and priorities, and the actions
the Secretary will take to overcome those challenges and mitigate those risks;
‘‘(4) establish performance measures, benchmarks, or other
elements that the Secretary will use to measure and evaluate
progress in achieving such strategic goals and priorities and
the effectiveness of such strategic goals and priorities; and
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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.’’.
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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)—
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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) 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’’.
Analysis.
Plan.
Time periods.
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PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 3625. FACILITIES MANAGEMENT.
(a) PDUFA AUTHORITY.—Section 736(g)(2) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379h(g)(2)) is amended—
(1) in subparagraph (A)(ii)—
(A) by striking ‘‘shall be available to defray’’ and
inserting the following: ‘‘shall be available—
‘‘(I) for fiscal year 2023, to defray’’;
(B) by striking the period and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(II) for fiscal year 2024 and each subsequent
fiscal year, to defray the costs of the resources
allocated for the process for the review of human
drug applications (including such costs for an additional number of full-time equivalent positions in
the Department of Health and Human Services
to be engaged in such process), only if the sum
of the amounts allocated by the Secretary for such
costs, excluding costs paid from fees collected
under this section, plus other costs for the maintenance, renovation, and repair of facilities and
acquisition, maintenance, and repair of fixtures,
furniture, and other necessary materials and supplies in connection with the process for the review
of human drug applications, is no less than the
amount allocated for such costs, excluding any
such costs paid from fees collected under this section, for fiscal year 1997, multiplied by the adjustment factor.’’; and
(2) in subparagraph (B), by striking ‘‘for the process for
the review of human drug applications’’ and inserting ‘‘as
described in subclause (I) or (II) of such subparagraph, as
applicable’’.
(b) BSUFA AUTHORITY.—Section 744H(f)(2) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j–52(f)(2)) is amended—
(1) in subparagraph (B)(i)—
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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
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136 STAT. 5882
131 Stat. 1090.
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the adjustment factor defined in section 744A(3)
applicable to the fiscal year involved.’’; and
(B) in subparagraph (B), by striking ‘‘for human generic
activities’’ and inserting ‘‘as described in subclause (I) or
(II) of such subparagraph, as applicable,’’.
(d) MDUFA AUTHORITY.—Section 738 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j), as amended by section
3309, is further amended—
(1) in subsection (e)(2)(B)(iii), by inserting ‘‘, if extant,’’
after ‘‘national taxing authority’’;
(2) in subsection (h)(2)—
(A) in subparagraph (A)(ii)—
(i) by striking ‘‘shall be available to defray’’ and
inserting the following: ‘‘shall be available—
‘‘(I) for fiscal year 2023, to defray’’;
(ii) by striking the period and inserting ‘‘; and’’;
and
(iii) by adding at the end the following:
‘‘(II) for fiscal year 2024 and each subsequent
fiscal year, to defray the costs of the resources
allocated for the process for the review of device
applications (including such costs for an additional
number of full-time equivalent positions in the
Department of Health and Human Services to be
engaged in such process), only if the sum of the
amounts allocated by the Secretary for such costs,
excluding costs paid from fees collected under this
section, plus other costs for the maintenance, renovation, and repair of facilities and acquisition,
maintenance, and repair of fixtures, furniture and
other necessary materials and supplies in connection with the process for the review of device
applications, is no less than the amount allocated
for such costs, excluding any such costs paid from
fees collected under this section, for fiscal year
2009 multiplied by the adjustment factor.’’; and
(B) in subparagraph (B)(i), in the matter preceding
subclause (I), by striking ‘‘for the process for the review
of device applications’’ and inserting ‘‘as described in subclause (I) or (II) of such subparagraph, as applicable’’; and
(3) in subsection (g)(3), by striking ‘‘737(9)(C)’’ and inserting
‘‘737(10)(C)’’.
(e) TECHNICAL CORRECTION.—
(1) IN GENERAL.—Section 905(b)(2) of the FDA Reauthorization Act of 2017 (Public Law 115–52) is amended by striking
‘‘Section 738(h) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379j(h)) is amended’’ and inserting ‘‘Subsection (g)
of section 738 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379j), as so redesignated by section 203(f)(2)(B)(i),
is amended’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect as though included in the enactment of
section 905 of the FDA Reauthorization Act of 2017 (Public
Law 115–52).
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136 STAT. 5883
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SEC. 3626. USER FEE PROGRAM TRANSPARENCY AND ACCOUNTABILITY.
(a) PDUFA.—
(1) REAUTHORIZATION; REPORTING REQUIREMENTS.—Section
736B(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379h–2(a)) is amended—
(A) in paragraph (1)—
(i) in subparagraph (B)—
(I) in clause (vii), by striking ‘‘; and’’ and
inserting a semicolon;
(II) in clause (viii), by striking the period and
inserting ‘‘; and’’; and
(III) by adding at the end the following:
‘‘(ix) the number of investigational new drug
applications submitted per fiscal year, including for
each review division.’’; and
(ii) by adding at the end the following flush text:
‘‘Nothing in subparagraph (B) shall be construed to authorize
the disclosure of information that is prohibited from disclosure
under section 301(j) of this Act or section 1905 of title 18,
United States Code, or that is subject to withholding under
section 552(b)(4) of title 5, United States Code.’’;
(B) by adding at the end of paragraph (3)(B) the following:
‘‘(v) For fiscal years 2023 and 2024, of the meeting
requests from sponsors for which the Secretary has
determined that a face-to-face meeting is appropriate,
the number of face-to-face meetings requested by sponsors to be conducted in person (in such manner as
the Secretary shall prescribe on the website of the
Food and Drug Administration), and the number of
such in-person meetings granted by the Secretary, with
both such numbers disaggregated by the relevant
agency center.’’; and
(C) in paragraph (4)—
(i) by amending subparagraph (A) to read as follows:
‘‘(A) data, analysis, and discussion of the changes in
the number of individuals hired as agreed upon in the
letters described in section 1001(b) of the Prescription Drug
User Fee Amendments of 2022 and the number of
remaining vacancies, the number of full-time equivalents
funded by fees collected pursuant to section 736, and the
number of full-time equivalents funded by budget authority
at the Food and Drug Administration by each division
within the Center for Drug Evaluation and Research, the
Center for Biologics Evaluation and Research, the Office
of Regulatory Affairs, and the Office of the Commissioner;’’;
(ii) by amending subparagraph (B) to read as follows:
‘‘(B) data, analysis, and discussion of the changes in
the fee revenue amounts and costs for the process for
the review of human drug applications, including identifying—
‘‘(i) drivers of such changes; and
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Time periods.
Determination.
Public
information.
Web posting.
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136 STAT. 5884
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(ii) changes in the average total cost per fulltime 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)—
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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—
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(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 fulltime 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
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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 fulltime equivalent in the biosimilar biological product
review program;’’;
(C) in subparagraph (C), by striking the period at
the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(D) data, analysis, and discussion of the changes in
the average full-time equivalent hours required to complete
review of each type of biosimilar biological product application.’’.
(2) REAUTHORIZATION.—Section 744I(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j–53(f)) is amended—
(A) by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively;
(B) by inserting after paragraph (1) the following:
‘‘(2) PRIOR PUBLIC INPUT.—Prior to beginning negotiations
with the regulated industry on the reauthorization of this part,
the Secretary shall—
‘‘(A) publish a notice in the Federal Register requesting
public input on the reauthorization;
‘‘(B) hold a public meeting at which the public may
present its views on the reauthorization;
‘‘(C) provide a period of 30 days after the public meeting
to obtain written comments from the public suggesting
changes to this part; and
‘‘(D) publish the comments on the Food and Drug
Administration’s website.
‘‘(3) PERIODIC CONSULTATION.—Not less frequently than
once every month during negotiations with the regulated
industry, the Secretary shall hold discussions with representatives of patient and consumer advocacy groups to continue
discussions of their views on the reauthorization and their
suggestions for changes to this part as expressed under paragraph (2).
‘‘(4) UPDATES TO CONGRESS.—The Secretary, in consultation
with regulated industry, shall provide regular updates on negotiations on the reauthorization of this part to the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives.’’; and
(C) by adding at the end the following:
‘‘(7) MINUTES OF NEGOTIATION MEETINGS.—
‘‘(A) PUBLIC AVAILABILITY.—The Secretary shall make
publicly available, on the public website of the Food and
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Notice.
Federal Register,
publication.
Time period.
Web posting.
Web posting.
Deadline.
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136 STAT. 5888
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Drug Administration, minutes of all negotiation meetings
conducted under this subsection between the Food and
Drug Administration and the regulated industry, not later
than 30 days after each such negotiation meeting.
‘‘(B) CONTENT.—The minutes described under subparagraph (A) shall summarize, in sufficient detail, any substantive proposal made by any party to the negotiations
as well as significant controversies or differences of opinion
during the negotiations and their resolution.’’.
Summary.
SEC. 3627. IMPROVING INFORMATION TECHNOLOGY SYSTEMS OF THE
FOOD AND DRUG ADMINISTRATION.
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Deadlines.
Public
information.
Web posting.
Inventory.
Assessment.
Analysis.
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(a) FDA STRATEGIC INFORMATION TECHNOLOGY PLAN.—
(1) IN GENERAL.—Not later than September 30, 2023, and
at least every 4 years thereafter, the Secretary shall develop
and submit to the appropriate committees of Congress and
post on the website of the Food and Drug Administration,
a coordinated information technology strategic plan to modernize the information technology systems of the Food and
Drug Administration. Each such report shall be known as the
‘‘Food and Drug Administration Strategic Information Technology Plan’’. The first such report may include the Data and
Technology Modernization Strategy, as set forth in the letters
described in section 1001(b) of the FDA User Fee Reauthorization Act of 2022 (division F of Public Law 117–180).
(2) CONTENT OF STRATEGIC PLAN.—The Food and Drug
Administration Strategic Information Technology Plan under
paragraph (1) shall include—
(A) agency-wide strategic goals and priorities for modernizing the information technology systems of the Food
and Drug Administration to maximize the efficiency and
effectiveness of such systems for enabling the Food and
Drug Administration to fulfill its public health mission;
(B) specific activities and strategies for achieving the
goals and priorities identified under subparagraph (A), and
specific milestones, metrics, and performance measures for
assessing progress against such strategic goals and priorities;
(C) specific activities and strategies for improving and
streamlining internal coordination and communication
within the Food and Drug Administration, including for
activities and communications related to signals of potential public health concerns;
(D) challenges and risks the Food and Drug Administration will face in meeting its strategic goals and priorities,
and the activities the Food and Drug Administration will
undertake to overcome those challenges and mitigate those
risks;
(E) the ways in which the Food and Drug Administration will use the Plan to guide and coordinate the projects
and activities of the Food and Drug Administration across
its offices and centers; and
(F) a skills inventory, needs assessment, gap analysis,
and initiatives to address skills gaps as part of a strategic
approach to information technology human capital planning.
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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) 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 resultsoriented goals, milestones, and performance measures
identified in such plan and any gaps in such implementation;
(B) the efficiency and effectiveness of the Food and
Drug Administration’s expenditures on information technology systems over the preceding 10 fiscal years, including
the implementation by the Food and Drug Administration
of the Technology Modernization Action Plan and Data
Modernization Action Plan;
(C) challenges posed by the information technology
systems of the Food and Drug Administration for carrying
out the Food and Drug Administration’s public health mission, including on meeting user fee agreement performance
goals, conducting inspections, responding to identified
safety concerns, and keeping pace with new scientific and
medical advances; and
(D) recommendations for the Food and Drug Administration to address the identified challenges, improve its
implementation of the Food and Drug Administration Strategic Information Technology Plan, and to otherwise
improve the Food and Drug Administration’s information
technology systems.
Assessments.
Time period.
Recommendations.
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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—
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Procedures.
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(1) information related to policies, procedures, and activities
of the mailroom and the Office of the Executive Secretariat
of the Food and Drug Administration, including—
(A) taking receipt, tracking, managing, and prioritizing
confidential informant complaints;
(B) taking receipt of common carrier packages to the
Food and Drug Administration;
(C) the organizational structure and management of
the mailroom;
(D) the organizational structure and management of
the Office of the Executive Secretariat;
(E) the total number of employees and contractors
in the mailroom including those working remotely and
those working in person;
(F) the total number of employees and contractors in
the Office of the Executive Secretariat;
(G) the number of vacant positions in the mailroom;
(H) the number of vacant positions in the Office of
the Executive Secretariat;
(I) the average number of days for response to correspondence received by the Office of the Secretariat;
(J) the extent to which there is a backlog of common
carrier packages received by the mailroom and the number
of common carrier packages in any backlog;
(K) the extent to which there is a backlog of correspondence in the Office of the Executive Secretariat that has
not been appropriately responded to by the Food and Drug
Administration and the number of correspondence or
common carrier packages in any backlog;
(L) a rationale for the failure of the Office of the
Executive Secretariat to respond to correspondence in any
backlog and the position of the decision-making official
who determined not to respond to such correspondence;
(M) the number of whistleblower correspondence
received, including within each agency center;
(N) the amount of resources expended for the mailroom,
including a breakdown of budget authority and user fee
dollars;
(O) the amount of resources expended for the Office
of the Executive Secretariat and correspondence-related
activities, including a breakdown of budget authority and
user fee dollars; and
(P) the performance of third-party contractors responsible for correspondence-related activities with respect to
the receipt and tracking of correspondence, and efforts
by the Food and Drug Administration to improve performance by such contractors; and
(2) the development and implementation of new or revised
policies and procedures of the Food and Drug Administration
to monitor and ensure—
(A) the effective receipt, tracking, managing, and
prioritization of such complaints; and
(B) the effective receipt of common carrier packages
to the Food and Drug Administration.
(b) ANNUAL REPORT.—Not later than the end of each of fiscal
years 2023 and 2024, the Secretary shall issue a report to the
Committee on Health, Education, Labor, and Pensions of the Senate
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136 STAT. 5891
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and the Committee on Energy and Commerce of the House of
Representatives on the implementation of the new or revised policies of the Food and Drug Administration reported under subsection
(a)(2), and since such implementation—
(1) the volume of incoming common carrier packages to
the mailroom;
(2) the volume of incoming correspondence to the Office
of the Executive Secretariat;
(3) the extent to which new backlogs occur in the processing
of common carrier packages received by the mailroom;
(4) the extent to which new backlogs occur in the processing
of correspondence received by the Office of the Executive Secretariat;
(5) the length of time required to resolve each such backlog;
(6) any known issues of unreasonable delays in correspondence being provided to the intended recipient, or in correspondence being lost, and the measures taken to remedy such delays
or lost items;
(7) the average number of days it takes to respond to
correspondence received by the Office of the Executive Secretariat;
(8) the resources expended by the mailroom, including a
breakdown of budget authority and user fee dollars; and
(9) the resources expended by the Office of the Executive
Secretariat on correspondence-related activities, including a
breakdown of budget authority and user fee dollars.
(c) GAO REPORT.—Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report assessing the
policies and practices of the Division of Executive Operations of
the Office of the Executive Secretariat of the Food and Drug
Administration with respect to the receipt, tracking, managing,
and prioritization of correspondence.
VerDate Sep 11 2014
Assessment.
SEC. 3629. FACILITATING THE USE OF REAL WORLD EVIDENCE.
21 USC 355 note.
(a) GUIDANCE.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue or revise existing guidance on considerations for the use of real world data and real
world evidence to support regulatory decision-making, as follows:
(1) With respect to drugs, such guidance shall address
the use of such data and evidence to support the approval
of a drug application under section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355) or a biological product
application under section 351 of the Public Health Service
Act (42 U.S.C. 262), and to support an investigational use
exemption submission under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3)
of the Public Health Service Act (42 U.S.C. 262(a)(3)). Such
guidance shall include considerations for the inclusion, in such
applications and submissions, of real world data and real world
evidence obtained as a result of the use of drugs authorized
for emergency use under section 564 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360bbb–3), and considerations
for standards and methodologies for collection and analysis
Deadline.
Revision.
Data.
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of real world evidence included in such applications and submissions, as appropriate.
(2) With respect to devices, such guidance shall address
the use of such data and evidence to support the approval,
clearance, or classification of a device pursuant to an application
or submission submitted under section 510(k), 513(f)(2), or 515
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k),
360c(f)(2), 360e), to support an investigational use exemption
submission under section 520(g) of such Act (21 U.S.C. 360j(g)),
and to support a determination by the Secretary for purposes
of section 353 of the Public Health Service Act (42 U.S.C.
263a) (including the category described under subsection (d)(3)
of such section). Such guidance shall include considerations
for the inclusion, in such applications and submissions, of real
world data and real world evidence obtained as a result of
the use of devices authorized for emergency use under section
564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb–3), including considerations related to a determination
under section 353(d)(3) of the Public Health Service Act (42
U.S.C. 263a(d)(3)), and considerations for standards and methodologies for collection and analysis of real world evidence
included in such applications, submissions, or determinations,
as appropriate.
(b) REPORT TO CONGRESS.—Not later than 2 years after the
end of the public health emergency declared by the Secretary under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
on January 31, 2020, with respect to COVID–19, the Secretary
shall submit a report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives on—
(1) the number of applications, submissions, or requests
submitted for clearance, approval, or authorization under section 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e) or
section 351 of the Public Health Service Act (42 U.S.C. 262),
for which an authorization under section 564 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) was previously granted;
(2) of the number of applications so submitted, the number
of such applications—
(A) for which real world evidence was submitted and
used to support a regulatory decision; and
(B) for which real world evidence was submitted and
determined to be insufficient to support a regulatory decision; and
(3) a summary explanation of why, in the case of applications described in paragraph (2)(B), real world evidence could
not be used to support regulatory decisions.
(c) INFORMATION DISCLOSURE.—Nothing in this section shall
be construed to authorize the disclosure of information that is
prohibited from disclosure under section 1905 of title 18, United
States Code, or subject to withholding under subsection (b)(4) of
section 552 of title 5, United States Code (commonly referred to
as the ‘‘Freedom of Information Act’’).
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136 STAT. 5893
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SEC. 3630. FACILITATING EXCHANGE OF PRODUCT INFORMATION
PRIOR TO APPROVAL.
(a) IN GENERAL.—Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended—
(1) in paragraph (a)—
(A) by striking ‘‘drugs for coverage’’ and inserting
‘‘drugs or devices for coverage’’; and
(B) by striking ‘‘drug’’ each place it appears and
inserting ‘‘drug or device’’, respectively;
(2) in paragraphs (a)(1) and (a)(2)(B), by striking ‘‘under
section 505 or under section 351 of the Public Health Service
Act’’ and inserting ‘‘under section 505, 510(k), 513(f)(2), or 515
of this Act or section 351 of the Public Health Service Act’’;
(3) in paragraph (a)(1)—
(A) by striking ‘‘under section 505 or under section
351(a) of the Public Health Service Act’’ and inserting
‘‘under section 505, 510(k), 513(f)(2), or 515 of this Act
or section 351 of the Public Health Service Act’’; and
(B) by striking ‘‘in section 505(a) or in subsections
(a) and (k) of section 351 of the Public Health Service
Act’’ and inserting ‘‘in section 505, 510(k), 513(f)(2), or
515 of this Act or section 351 of the Public Health Service
Act’’; and
(4) by adding at the end the following:
‘‘(gg)(1) Unless its labeling bears adequate directions for use
in accordance with paragraph (f), except that (in addition to drugs
or devices that conform with exemptions pursuant to such paragraph) no drug or device shall be deemed to be misbranded under
such paragraph through the provision of truthful and not misleading
product information to a payor, formulary committee, or other
similar entity with knowledge and expertise in the area of health
care economic analysis carrying out its responsibilities for the selection of drugs or devices for coverage or reimbursement if the product
information relates to an investigational drug or device or investigational use of a drug or device that is approved, cleared, granted
marketing authorization, or licensed under section 505, 510(k),
513(f)(2), or 515 of this Act or section 351 of the Public Health
Service Act (as applicable), provided—
‘‘(A) the product information includes—
‘‘(i) a clear statement that the investigational drug
or device or investigational use of a drug or device has
not been approved, cleared, granted marketing authorization, or licensed under section 505, 510(k), 513(f)(2), or
515 of this Act or section 351 of the Public Health Service
Act (as applicable) and that the safety and effectiveness
of such drug or device for such use has not been established;
‘‘(ii) information related to the stage of development
of the drug or device involved, such as—
‘‘(I) the status of any study or studies in which
the investigational drug or device or investigational
use is being investigated;
‘‘(II) how the study or studies relate to the overall
plan for the development of the drug or device; and
‘‘(III) whether an application, premarket notification, or request for classification for the investigational
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Statement.
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Statement.
Records.
Labeling.
Updates.
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Definition.
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PUBLIC LAW 117–328—DEC. 29, 2022
drug or device or investigational use has been submitted to the Secretary and when such a submission
is planned;
‘‘(iii) in the case of information that includes factual
presentations of results from studies, which shall not be
selectively presented, a description of—
‘‘(I) all material aspects of study design, methodology, and results; and
‘‘(II) all material limitations related to the study
design, methodology, and results;
‘‘(iv) where applicable, a prominent statement disclosing the indication or indications for which the Secretary
has approved, granted marketing authorization, cleared,
or licensed the product pursuant to section 505, 510(k),
513(f)(2), or 515 of this Act or section 351 of the Public
Health Service Act, and a copy of the most current required
labeling; and
‘‘(v) updated information, if previously communicated
information becomes materially outdated as a result of
significant changes or as a result of new information
regarding the product or its review status; and
‘‘(B) the product information does not include—
‘‘(i) information that represents that an unapproved
product—
‘‘(I) has been approved, cleared, granted marketing
authorization, or licensed under section 505, 510(k),
513(f)(2), or 515 of this Act or section 351 of the Public
Health Service Act (as applicable); or
‘‘(II) has otherwise been determined to be safe
or effective for the purpose or purposes for which the
drug or device is being studied; or
‘‘(ii) information that represents that an unapproved
use of a drug or device that has been so approved, granted
marketing authorization, cleared, or licensed—
‘‘(I) is so approved, granted marketing authorization, cleared, or licensed; or
‘‘(II) that the product is safe or effective for the
use or uses for which the drug or device is being
studied.
‘‘(2) For purposes of this paragraph, the term ‘product information’ includes—
‘‘(A) information describing the drug or device (such as
drug class, device description, and features);
‘‘(B) information about the indication or indications being
investigated;
‘‘(C) the anticipated timeline for a possible approval, clearance, marketing authorization, or licensure pursuant to section
505, 510(k), 513, or 515 of this Act or section 351 of the
Public Health Service Act;
‘‘(D) drug or device pricing information;
‘‘(E) patient utilization projections;
‘‘(F) product-related programs or services; and
‘‘(G) factual presentations of results from studies that do
not characterize or make conclusions regarding safety or efficacy.’’.
(b) GAO STUDY AND REPORT.—Beginning on the date that
is 5 years and 6 months after the date of enactment of this Act,
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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 study shall include an analysis of the following:
(1) The types of information communicated between such
manufacturers and payors.
(2) The manner of communication between such manufacturers and payors.
(3)(A) Whether such manufacturers file an application for
approval, marketing authorization, clearance, or licensing of
a new drug or device or the new use of a drug or device
that is the subject of communication between such manufacturers and payors under section 502(gg) of the Federal Food,
Drug, and Cosmetic Act, as added by subsection (a).
(B) How frequently the Food and Drug Administration
approves, grants marketing authorization, clears, or licenses
the new drug or device or new use.
(C) The timeframe between the initial communications permitted under section 502(gg) of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), regarding an investigational drug or device or investigational use, and the initial
marketing of such drug or device.
SEC. 3631. STREAMLINING BLOOD DONOR INPUT.
Chapter 35 of title 44, United States Code, shall not apply
to the collection of information to which a response is voluntary
and that is initiated by the Secretary to solicit information from
blood donors or potential blood donors to support the development
of recommendations by the Secretary, acting through the Commissioner of Food and Drugs, concerning blood donation.
Analyses.
42 USC
247d–12 note.
TITLE IV—MEDICARE PROVISIONS
Subtitle A—Medicare Extenders
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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,
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136 STAT. 5896
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note.
PUBLIC LAW 117–328—DEC. 29, 2022
2022, and ending on December 23, 2022’ ’’ and inserting
‘‘through 2024’’; and
(C) in subclause (IV), by striking ‘‘the portion of fiscal
year 2023 beginning on December 24, 2022, and ending
on September 30, 2023, and fiscal year 2024’’ and inserting
‘‘fiscal year 2025’’; and
(3) in subparagraph (D)—
(A) in the matter preceding clause (i), by striking
‘‘through 2022 or during the portion of fiscal year 2023
beginning on October 1, 2022, and ending on December
23, 2022’ ’’ and inserting ‘‘through 2024’’; and
(B) in clause (ii), by striking ‘‘through 2022 and the
portion of fiscal year 2023 beginning on October 1, 2022,
and ending on December 23, 2022’ ’’ and inserting ‘‘through
2024’’.
(b) IMPLEMENTATION.—Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the provisions of, including the amendments made by, this section
by program instruction or otherwise.
SEC. 4102. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL PROGRAM.
(a) IN GENERAL.—Section 1886(d)(5)(G) of the Social Security
Act (42 U.S.C. 1395ww(d)(5)(G)) is amended—
(1) in clause (i), by striking ‘‘December 24, 2022’’ and
inserting ‘‘October 1, 2024’’; and
(2) in clause (ii)(II), by striking ‘‘December 24, 2022’’ and
inserting ‘‘October 1, 2024’’.
(b) CONFORMING AMENDMENTS.—
(1) EXTENSION OF TARGET AMOUNTS.—Section 1886(b)(3)(D)
of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is
amended—
(A) in the matter preceding clause (i), by striking
‘‘December 24, 2022’’ and inserting ‘‘October 1, 2024’’; and
(B) in clause (iv), by striking ‘‘fiscal year 2022 and
the portion of fiscal year 2023 beginning on October 1,
2022, and ending on December 23, 2022,’’ and inserting
‘‘fiscal year 2024’’.
(2) PERMITTING HOSPITALS TO DECLINE RECLASSIFICATION.—
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act
of 1993 (42 U.S.C. 1395ww note) is amended by striking ‘‘fiscal
year 2000 through fiscal year 2022, or the portion of fiscal
year 2023 beginning on October 1, 2022, and ending on
December 23, 2022’’ and inserting ‘‘or fiscal year 2000 through
fiscal year 2024’’.
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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.
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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’’.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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’’.
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Time periods.
SEC. 4113. ADVANCING TELEHEALTH BEYOND COVID–19.
(a) REMOVING GEOGRAPHIC REQUIREMENTS AND EXPANDING
ORIGINATING SITES FOR TELEHEALTH SERVICES.—Section 1834(m)
of the Social Security Act (42 U.S.C. 1395m(m)) is amended—
(1) in paragraph (2)(B)(iii)—
(A) by striking ‘‘With’’ and inserting ‘‘In the case that
the emergency period described in section 1135(g)(1)(B)
ends before December 31, 2024, with’’; and
(B) by striking ‘‘that are furnished during the 151day 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 151day 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
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PUBLIC LAW 117–328—DEC. 29, 2022
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.—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.—
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136 STAT. 5900
(1) IN GENERAL.—
(A) STUDY.—The Secretary shall conduct a study using
medical record review, as described in subparagraph (C),
on program integrity related to telehealth services under
part B of title XVIII of the Social Security Act (42 U.S.C.
1395j et seq.).
(B) SCOPE OF STUDY.—In conducting the study under
subparagraph (A), the Secretary shall review and analyze
information (to the extent that such information is available) on the duration of telehealth services furnished, the
types of telehealth services furnished, and, to the extent
feasible, the impact of the telehealth services furnished
on future utilization of health care services by Medicare
beneficiaries, such as the utilization of additional telehealth
services or in-person services, including hospitalizations
and emergency department visits. The Secretary may also
review and analyze information on—
(i) any geographic differences in utilization of telehealth services;
(ii) documentation of the care and methods of
delivery associated with telehealth services; and
(iii) other areas, as determined appropriate by the
Secretary.
(C) MEDICAL RECORD REVIEW.—In conducting the study
under subparagraph (A), the Secretary shall conduct medical record review of a sample of claims for telehealth
services with dates of service during the period beginning
on January 1, 2022, and ending on December 31, 2024.
For such claims with a date of service during the emergency
period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), the Secretary shall
only conduct medical record review of those claims that
have undergone standard program integrity review (as
defined in paragraph (2)(B)), as determined appropriate
by the Secretary.
(D) REPORTS.—
(i) INTERIM REPORT.—Not later than October 1,
2024, the Secretary shall submit to the Committee
on Finance of the Senate and the Committee on Energy
and Commerce and the Committee on Ways and Means
of the House of Representatives an interim report on
the study conducted under subparagraph (A).
(ii) FINAL REPORT.—Not later than April 1, 2026,
the Secretary shall submit to the Committee on
Finance of the Senate and the Committee on Energy
and Commerce and the Committee on Ways and Means
of the House of Representatives a final report on the
study conducted under subparagraph (A).
(2) DEFINITIONS.—In this subsection:
(A) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services.
(B) STANDARD PROGRAM INTEGRITY REVIEW.—The term
‘‘standard program integrity review’’ refers to the review
of any claim that requires a review of the associated medical record by the Secretary to determine the medical necessity of the services furnished or to identify potential fraud.
Reviews.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
42 USC 1395f
note.
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
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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:
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136 STAT. 5902
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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;
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PUBLIC LAW 117–328—DEC. 29, 2022
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) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to services furnished on or after January
1, 2024.
42 USC 1395l
note.
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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)’’;
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136 STAT. 5904
Effective date.
Notification.
Deadline.
Effective date.
Applicability.
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Determinations.
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PUBLIC LAW 117–328—DEC. 29, 2022
(2) in paragraph (4)(H)(i), by striking ‘‘and (9)’’ and
inserting ‘‘(9), and (10)’’; and
(3) by adding at the end the following new paragraph:
‘‘(10) DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS
IN PSYCHIATRY AND PSYCHIATRY SUBSPECIALTIES.—
‘‘(A) ADDITIONAL RESIDENCY POSITIONS.—
‘‘(i) IN GENERAL.—For fiscal year 2026, the Secretary shall, subject to the succeeding provisions of
this paragraph, increase the otherwise applicable resident limit for each qualifying hospital (as defined in
subparagraph (F)) that submits a timely application
under this subparagraph by such number as the Secretary may approve effective beginning July 1 of the
fiscal year of the increase.
‘‘(ii) NUMBER AVAILABLE FOR DISTRIBUTION.—The
aggregate number of such positions made available
under this paragraph shall be equal to 200.
‘‘(iii) DISTRIBUTION FOR PSYCHIATRY OR PSYCHIATRY
SUBSPECIALTY RESIDENCIES.—At least 100 of the positions made available under this paragraph shall be
distributed for a psychiatry or psychiatry subspecialty
residency (as defined in subparagraph (F)).
‘‘(iv) TIMING.—The Secretary shall notify hospitals
of the number of positions distributed to the hospital
under this paragraph as a result of an increase in
the otherwise applicable resident limit by January 31
of the fiscal year of the increase. Such increase shall
be effective beginning July 1 of such fiscal year.
‘‘(B) DISTRIBUTION.—For purposes of providing an
increase in the otherwise applicable resident limit under
subparagraph (A), the following shall apply:
‘‘(i) CONSIDERATIONS IN DISTRIBUTION.—In determining for which qualifying hospitals such an increase
is provided under subparagraph (A), the Secretary
shall take into account the demonstrated likelihood
of the hospital filling the positions made available
under this paragraph within the first 5 training years
beginning after the date the increase would be effective, as determined by the Secretary.
‘‘(ii) MINIMUM DISTRIBUTION FOR CERTAIN CATEGORIES OF HOSPITALS.—With respect to the aggregate
number of such positions available for distribution
under this paragraph, the Secretary shall distribute
not less than 10 percent of such aggregate number
to each of the following categories of hospitals:
‘‘(I) Hospitals that are located in a rural area
(as defined in section 1886(d)(2)(D)) or are treated
as being located in a rural area pursuant to section
1886(d)(8)(E).
‘‘(II) Hospitals in which the reference resident
level of the hospital (as specified in subparagraph
(F)(iii)) is greater than the otherwise applicable
resident limit.
‘‘(III) Hospitals in States with—
‘‘(aa) new medical schools that received
‘Candidate School’ status from the Liaison
Committee on Medical Education or that
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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under this paragraph, the approved FTE per resident
amounts are deemed to be equal to the hospital per resident
amounts for nonprimary care computed under paragraph
(2)(D) for that hospital.
‘‘(E) PERMITTING FACILITIES TO APPLY AGGREGATION
RULES.—The Secretary shall permit hospitals receiving
additional residency positions attributable to the increase
provided under this paragraph to, beginning in the fifth
year after the effective date of such increase, apply such
positions to the limitation amount under paragraph (4)(F)
that may be aggregated pursuant to paragraph (4)(H)
among members of the same affiliated group.
‘‘(F) DEFINITIONS.—In this paragraph:
‘‘(i) OTHERWISE APPLICABLE RESIDENT LIMIT.—The
term ‘otherwise applicable resident limit’ means, with
respect to a hospital, the limit otherwise applicable
under subparagraphs (F)(i) and (H) of paragraph (4)
on the resident level for the hospital determined without regard to this paragraph but taking into account
paragraphs (7)(A), (7)(B), (8)(A), (8)(B), and (9)(A).
‘‘(ii) PSYCHIATRY OR PSYCHIATRY SUBSPECIALTY
RESIDENCY.—The term ‘psychiatry or psychiatry subspecialty residency’ means a residency in psychiatry
as accredited by the Accreditation Council for Graduate
Medical Education for the purpose of preventing, diagnosing, and treating mental health disorders.
‘‘(iii) QUALIFYING HOSPITAL.—The term ‘qualifying
hospital’ means a hospital described in any of subclauses (I) through (IV) of subparagraph (B)(ii).
‘‘(iv) REFERENCE RESIDENT LEVEL.—The term ‘reference resident level’ means, with respect to a hospital,
the resident level for the most recent cost reporting
period of the hospital ending on or before the date
of enactment of this paragraph, for which a cost report
has been settled (or, if not, submitted (subject to
audit)), as determined by the Secretary.
‘‘(v) RESIDENT LEVEL.—The term ‘resident level’
has the meaning given such term in paragraph
(7)(C)(i).’’.
(b) IME.—Section 1886(d)(5)(B) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(B)) is amended—
(1) in clause (v), in the third sentence, by striking ‘‘and
(h)(9)’’ and inserting ‘‘(h)(9), and (h)(10)’’;
(2) by moving clause (xii) 4 ems to the left; and
(3) by adding at the end the following new clause:
‘‘(xiii) For discharges occurring on or after July 1, 2026,
insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment
factor shall be computed in the same manner as provided
under clause (ii) with respect to such resident positions.’’.
(c) PROHIBITION ON JUDICIAL REVIEW.—Section 1886(h)(7)(E)
of the Social Security Act (42 U.S.C. 1395ww—4(h)(7)(E)) is
amended by inserting ‘‘paragraph (10),’’ after ‘‘paragraph (8),’’.
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136 STAT. 5907
SEC. 4123. IMPROVING MOBILE CRISIS CARE IN MEDICARE.
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(a) PAYMENT FOR PSYCHOTHERAPY FOR CRISIS
NISHED IN AN APPLICABLE SITE OF SERVICE.—
(1) IN GENERAL.—Section 1848(b) of the
Deadlines.
SERVICES FUR-
Social Security
Act (42 U.S.C. 1395w–4(b)) is amended by adding at the end
the following new paragraph:
‘‘(12) PAYMENT FOR PSYCHOTHERAPY FOR CRISIS SERVICES
FURNISHED IN AN APPLICABLE SITE OF SERVICE.—
‘‘(A) IN GENERAL.—The Secretary shall establish new
HCPCS codes under the fee schedule established under
this subsection for services described in subparagraph (B)
that are furnished on or after January 1, 2024.
‘‘(B) SERVICES DESCRIBED.—The services described in
this subparagraph are psychotherapy for crisis services
that are a furnished in an applicable site of service.
‘‘(C) AMOUNT OF PAYMENT.—For services described in
subparagraph (B) that are furnished to an individual in
a year (beginning with 2024), in lieu of the fee schedule
amount that would otherwise be determined under this
subsection for such year, the fee schedule amount for such
services for such year shall be equal to 150 percent of
the fee schedule amount for non-facility sites of service
for such year determined for services identified, as of
January 1, 2022, by HCPCS codes 90839 and 90840 (and
any succeeding codes).
‘‘(D) DEFINITIONS.—In this paragraph:
‘‘(i) APPLICABLE SITE OF SERVICE.—The term
‘applicable site of service’ means a site of service other
than a site where the facility rate under the fee
schedule under this subsection applies and other than
an office setting.
‘‘(ii) PSYCHOTHERAPY FOR CRISIS SERVICES.—The
code descriptions for services described in subparagraph (B) shall be the same as the code descriptions
for services identified, as of January 1, 2022, by
HCPCS codes 90839 and 90840 (and any succeeding
codes), except that such new codes shall be limited
to services furnished in an applicable site of service.’’.
(2)
WAIVER
OF
BUDGET
NEUTRALITY.—Section
1848(c)(2)(B)(iv) of such Act (42 U.S.C. 1395w–4(c)(2)(B)(iv))
is amended—
(A) in subclause (IV), by striking ‘‘and’’ at the end;
(B) in subclause (V), by striking the period at the
end and inserting ‘‘; and’’ and
(C) by adding at the end the following new subclause:
‘‘(VI) subsection (b)(12) shall not be taken into
account in applying clause (ii)(II) for 2024.’’.
(b) EDUCATION AND OUTREACH.—Not later than January 1,
2024, the Secretary shall use existing communications mechanisms
to provide education and outreach to stakeholders with respect
to the ability of health professionals to bill for psychotherapy for
crisis services under the Medicare physician fee schedule under
section 1848 of the Social Security Act (42 U.S.C. 1395w–4) when
such services are furnished in an applicable site of service to a
Medicare beneficiary who is experiencing a mental or behavioral
health crisis.
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Effective dates.
42 USC
1395w–4 note.
PUBL328
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42 USC
1395w–4 note.
42 USC
1395w–4 note.
42 USC
1395w–4 note.
PUBLIC LAW 117–328—DEC. 29, 2022
(c) OPEN DOOR FORUM.—Not later than January 1, 2024, the
Secretary shall convene stakeholders and experts for an open door
forum or other appropriate mechanism to discuss current Medicare
program coverage and payment policies for services that can be
furnished to provide care to a Medicare beneficiary who is experiencing a mental or behavioral health crisis.
(d) EDUCATION AND OUTREACH ON THE USE OF PEER SUPPORT
SPECIALISTS AND OTHER AUXILIARY PERSONNEL IN FURNISHING OF
PSYCHOTHERAPY FOR CRISIS SERVICES AND BEHAVIORAL HEALTH
INTEGRATION SERVICES.—Not later than January 1, 2024, the Secretary shall use existing communication mechanisms to provide
education and outreach to providers of services, physicians, and
practitioners with respect to the ability of auxiliary personnel,
including peer support specialists, to participate, consistent with
applicable requirements for auxiliary personnel, in the furnishing
of—
(1) psychotherapy for crisis services billed under the Medicare physician fee schedule under section 1848 of the Social
Security Act (42 U.S.C. 1395w–4), as well as other services
that can be furnished to a Medicare beneficiary experiencing
a mental or behavioral health crisis; and
(2) behavioral health integration services.
(e) DEFINITIONS.—In this section:
(1) APPLICABLE SITE OF SERVICE.—The term ‘‘applicable
site of service’’ has the meaning given that term in section
1848(b)(12)(D)(i) of the Social Security Act, as added by subsection (a).
(2) BEHAVIORAL HEALTH INTEGRATION SERVICES.—The term
‘‘behavioral health integration services’’ means services identified, as of January 1, 2022, by HCPCS codes 99484, 99492,
99493, 99494, and G2214 (and any successor or similar codes
as determined appropriate by the Secretary).
(3) PSYCHOTHERAPY FOR CRISIS SERVICES.—The term
‘‘psychotherapy for crisis services’’ means services described
in 1848(b)(12)(D)(ii) of the Social Security Act, as added by
subsection (a).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
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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’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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136 STAT. 5910
42 USC 1395k
note.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(B) EXCLUSION.—Costs associated with intensive outpatient services shall not be used to determine the amount
of payment for Federally qualified health center services
under the prospective payment system under this subsection.’’; and
(2) in subsection (y)—
(A) in the header, by striking ‘‘TO HOSPICE PATIENTS’’;
and
(B) by adding at the end the following new paragraph:
‘‘(3) SPECIAL PAYMENT RULE FOR INTENSIVE OUTPATIENT
SERVICES.—
‘‘(A) IN GENERAL.—In the case of intensive outpatient
services furnished by a rural health clinic, the payment
amount for such services shall be equal to the amount
that would have been paid under this title for such services
had such services been covered OPD services furnished
by a hospital.
‘‘(B) EXCLUSION.—Costs associated with intensive outpatient services shall not be used to determine the amount
of payment for rural health clinic services under the methodology for all-inclusive rates (established by the Secretary)
under section 1833(a)(3).’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to items and services furnished on or
after January 1, 2024.
SEC. 4125. IMPROVEMENTS TO MEDICARE PROSPECTIVE PAYMENT
SYSTEM FOR PSYCHIATRIC HOSPITALS AND PSYCHIATRIC
UNITS.
Revisions.
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(a) IMPROVEMENTS THROUGH ADDITIONAL CLAIMS DATA.—Section 1886(s) of the Social Security Act (42 U.S.C. 1395ww(s)) is
amended by adding at the end the following new paragraph:
‘‘(5) ADDITIONAL DATA AND INFORMATION.—
‘‘(A) IN GENERAL.—The Secretary shall collect data and
information as the Secretary determines appropriate to
revise payments under the system described in paragraph
(1) for psychiatric hospitals and psychiatric units pursuant
to subparagraph (D) and for other purposes as determined
appropriate by the Secretary. The Secretary shall begin
to collect such data by not later than October 1, 2023.
‘‘(B) DATA AND INFORMATION.—The data and information to be collected under subparagraph (A) may include—
‘‘(i) charges, including those related to ancillary
services;
‘‘(ii) the required intensity of behavioral monitoring, such as cognitive deficit, suicide ideations, violent behavior, and need for physical restraint; and
‘‘(iii) interventions, such as detoxification services
for substance abuse, dependence on respirator, total
parenteral nutritional support, dependence on renal
dialysis, and burn care.
‘‘(C) METHOD OF COLLECTION.—The Secretary may collect the additional data and information under subparagraph (A) on cost reports, on claims, or otherwise.
‘‘(D) REVISIONS TO PAYMENT RATES.—
‘‘(i) IN GENERAL.—Notwithstanding the preceding
paragraphs of this subsection or section 124 of the
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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) 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.’’.
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Regulations.
Revisions.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5913
(c) IMPROVEMENTS THROUGH INCLUSION OF PATIENTS’ PERSPECCARE QUALITY MEASURE.—Section 1886(s)(4) of the Social
Security Act (42 U.S.C. 1395ww(s)(4)) is amended—
(1) in subparagraph (D), by adding at the end the following
new clause:
‘‘(iv) PATIENTS’ PERSPECTIVE ON CARE.—Not later
than for rate year 2031, the quality measures specified
under this subparagraph shall include a quality
measure of patients’ perspective on care.’’; and
(2) in subparagraph (E), by inserting ‘‘, including the
quality measure of patients’ perspective on care described in
subparagraph (D)(iv),’’ after ‘‘shall report quality measures’’.
TIVE ON
Deadline.
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SEC. 4126. EXCEPTION FOR PHYSICIAN WELLNESS PROGRAMS.
(a) IN GENERAL.—Section 1877(e) of the Social Security Act
(42 U.S.C. 1395nn(e)) is amended by adding at the end the following:
‘‘(9) PHYSICIAN WELLNESS PROGRAMS.—A bona fide mental
health or behavioral health improvement or maintenance program offered to a physician by an entity, if—
‘‘(A) such program—
‘‘(i) consists of counseling, mental health services,
a suicide prevention program, or a substance use disorder prevention and treatment program;
‘‘(ii) is made available to a physician for the primary purpose of preventing suicide, improving mental
health and resiliency, or providing training in appropriate strategies to promote the mental health and
resiliency of such physician;
‘‘(iii) is set out in a written policy, approved in
advance of the operation of the program by the governing body of the entity providing such program (and
which shall be updated accordingly in advance to
substantial changes to the operation of such program),
that includes—
‘‘(I) a description of the content and duration
of the program;
‘‘(II) a description of the evidence-based support for the design of the program;
‘‘(III) the estimated cost of the program;
‘‘(IV) the personnel (including the qualifications of such personnel) conducting the program;
and
‘‘(V) the method by which such entity will
evaluate the use and success of the program;
‘‘(iv) is offered by an entity described in subparagraph (B) with a formal medical staff to all physicians
who practice in the geographic area served by such
entity, including physicians who hold bona fide
appointments to the medical staff of such entity or
otherwise have clinical privileges at such entity;
‘‘(v) is offered to all such physicians on the same
terms and conditions and without regard to the volume
or value of referrals or other business generated by
a physician for such entity;
‘‘(vi) is evidence-based and conducted by a qualified
health professional; and
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136 STAT. 5914
Requirements.
Regulations.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(vii) meets such other requirements the Secretary
may impose by regulation as needed to protect against
program or patient abuse;
‘‘(B) such entity is—
‘‘(i) a hospital;
‘‘(ii) an ambulatory surgical center;
‘‘(iii) a community health center;
‘‘(iv) a rural emergency hospital;
‘‘(v) a rural health clinic;
‘‘(vi) a skilled nursing facility; or
‘‘(vii) a similar entity, as determined by the Secretary; and
‘‘(C) neither the provision of such program, nor the
value of such program, are contingent upon the number
or value of referrals made by a physician to such entity
or the amount or value of other business generated by
such physician for the entity.’’.
(b) EXCEPTION UNDER THE ANTI-KICKBACK STATUTE.—Section
1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3))
is amended—
(1) in subparagraph (J), by striking ‘‘and’’ at the end;
(2) in subparagraph (K), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(L) a bona fide mental health or behavioral health
improvement or maintenance program, if—
‘‘(i) such program—
‘‘(I) consists of counseling, mental health services,
a suicide prevention program, or a substance use disorder prevention and treatment program;
‘‘(II) is made available to a physician or other
clinician for the primary purpose of preventing suicide,
improving mental health and resiliency, or providing
training in appropriate strategies to promote the
mental health and resiliency of such physician or other
clinician;
‘‘(III) is set out in a written policy, approved in
advance of the operation of the program by the governing body of the entity providing such program (and
which shall be updated accordingly in advance to
substantial changes to the operation of such program),
that includes—
‘‘(aa) a description of the content and duration
of the program;
‘‘(bb) a description of the evidence-based support for the design of the program;
‘‘(cc) the estimated cost of the program;
‘‘(dd) the personnel (including the qualifications of such personnel) implementing the program; and
‘‘(ee) the method by which such entity will
evaluate the use and success of the program;
‘‘(IV) is offered by an entity described in clause
(ii) with a formal medical staff to all physicians and
other clinicians who practice in the geographic area
served by such entity, including physicians who hold
bona fide appointments to the medical staff of such
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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) 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.’’.
Requirements.
Regulations.
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SEC. 4127. CONSIDERATION OF SAFE HARBOR UNDER THE ANTI-KICKBACK STATUTE FOR CERTAIN CONTINGENCY MANAGEMENT INTERVENTIONS.
Section 1128D(a) of the Social Security Act (42 U.S.C. 1320a–
7d(a)) is amended by adding at the end the following new paragraph:
‘‘(3) CONSIDERATION OF SAFE HARBOR FOR CERTAIN CONTINGENCY MANAGEMENT INTERVENTIONS.—
‘‘(A) IN GENERAL.—Not later than one year after the
date of the enactment of this paragraph, the Inspector
General shall conduct a review on whether to establish
a safe harbor described in paragraph (1)(A)(ii) for evidencebased contingency management incentives and the parameters for such a safe harbor. In conducting the review
under the previous sentence, the Inspector General shall
consider the extent to which providing such a safe harbor
for evidence-based contingency management incentives
may result in any of the factors described in paragraph
(2).
‘‘(B) REPORT.—Not later than two years after the date
of the enactment of this paragraph, the Secretary and
the Inspector General shall submit to Congress recommendations, including based on the review conducted
under subparagraph (A), for improving access to evidencebased 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.’’.
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Review.
Recommendations.
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42 USC 1395l
note.
Time periods.
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42 USC 1395l
note.
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 4128. PROVIDER OUTREACH AND REPORTING ON CERTAIN
BEHAVIORAL HEALTH INTEGRATION SERVICES.
(a) OUTREACH.—The Secretary of Health and Human Services
(in this section referred to as the ‘‘Secretary’’) shall conduct outreach
to physicians and appropriate non-physician practitioners participating under the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) with respect to behavioral
health integration services described by any of HCPCS codes 99492
through 99494 or 99484 (or any successor code). Such outreach
shall include a comprehensive, one-time education initiative to
inform such physicians and practitioners of the inclusion of such
services as a covered benefit under the Medicare program, including
describing the requirements to bill for such codes and the requirements for beneficiary eligibility for such services.
(b) REPORTS TO CONGRESS.—
(1) PROVIDER OUTREACH.—Not later than 1 year after the
date of the completion of the education initiative described
in subsection (a), the Secretary shall submit to the Committee
on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee
on Finance of the Senate a report on the outreach conducted
under such subsection. Such report shall include a description
of the methods used for such outreach.
(2) UTILIZATION RATES.—Not later than 18 months after
the date of the completion of the education initiative described
in subsection (a), and two years thereafter, the Secretary shall
submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report
on the number of Medicare beneficiaries (including those beneficiaries accessing services in rural and underserved areas)
who, during the preceding year, were furnished services
described in subsection (a) for which payment was made under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
SEC. 4129. OUTREACH AND REPORTING ON OPIOID USE DISORDER
TREATMENT SERVICES FURNISHED BY OPIOID TREATMENT PROGRAMS.
(a) OUTREACH.—
(1) PROVIDER OUTREACH.—The Secretary of Health and
Human Services (in this section referred to as the ‘‘Secretary’’)
shall conduct outreach to physicians and appropriate non-physician practitioners participating under the Medicare program
under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.) with respect to opioid use disorder treatment services
furnished by an opioid treatment program (as defined in section
1861(jjj) of the Social Security Act (42 U.S.C. 1395x(jjj))). Such
outreach shall include a comprehensive, one-time education
initiative to inform such physicians and practitioners of the
inclusion of such services as a covered benefit under the Medicare program, including describing the requirements for billing
and the requirements for beneficiary eligibility for such services.
(2) BENEFICIARY OUTREACH.—The Secretary shall conduct
outreach to Medicare beneficiaries with respect to opioid use
disorder treatment services furnished by an opioid treatment
program (as defined in section 1861(jjj) of the Social Security
Act (42 U.S.C. 1395x(jjj))), including a comprehensive, one-
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PUBLIC LAW 117–328—DEC. 29, 2022
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.).
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SEC. 4130. GAO STUDY AND REPORT COMPARING COVERAGE OF
MENTAL HEALTH AND SUBSTANCE USE DISORDER BENEFITS AND NON-MENTAL HEALTH AND SUBSTANCE USE
DISORDER BENEFITS.
(a) STUDY.—
(1) IN GENERAL.—The Comptroller General of the United
States (in this section referred to as the ‘‘Comptroller General’’)
shall conduct a study that compares the mental health and
substance use disorder benefits offered by Medicare Advantage
plans (including specialized MA plans for special needs individuals, as defined in section 1859(b)(6) of the Social Security
Act (42 U.S.C. 1395w–28(b)(6)) under part C of title XVIII
of such Act with—
(A) benefits (other than mental health and substance
use disorder benefits) offered by such Medicare Advantage
plans; and
(B) the mental health and substance use disorder benefits under the original Medicare fee-for-service program
under parts A and B of such title XVIII.
(2) ANALYSIS.—To the extent data is available and reliable,
the study under paragraph (1) shall include an analysis of—
(A) out-of-pocket expenses for in-network care;
(B) the use of prior authorization and other utilization
management tools;
(C) the mental health and substance use disorder benefits offered; and
(D) other items determined appropriate by the Comptroller General.
(3) PLAN AND SERVICE SPECIFIC.—To the extent practicable,
the study under paragraph (1) shall examine differences by
type of Medicare Advantage plan and type of item or service.
(4) BOTH REQUIRED AND SUPPLEMENTAL BENEFITS.—For
purposes of the study under paragraph (1), benefits offered
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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.
Time period.
Section 1860D–2(e)(1) of the Social Security Act (42 U.S.C.
1395w–102(e)(1)) is amended—
(1) in subparagraph (A), by striking at the end ‘‘or’’;
(2) in subparagraph (B), by striking the comma at the
end and inserting ‘‘; or’’; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
‘‘(C) for the period beginning on the date of the enactment of this subparagraph and ending on December 31,
2024, an oral antiviral drug that may be dispensed only
upon a prescription and is authorized under section 564
of the Federal Food, Drug, and Cosmetic Act, on the basis
of the declaration published in the Federal Register by
the Secretary of Health and Human Services on April
1, 2020 (85 Fed. Reg. 18250 et seq.),’’.
SEC. 4132. RESTORATION OF CBO ACCESS TO CERTAIN PART D PAYMENT DATA.
Section 1860D–15(f)(2) of the Social Security Act (42 U.S.C.
1395w–115(f)(2)) is amended—
(1) in subparagraph (B), by striking at the end ‘‘and’’;
(2) in subparagraph (C), by striking at the end the period
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) by the Director of the Congressional Budget Office
for the purposes of analysis of programs authorized under
the Social Security Act, as applicable, and the fulfilment
of such Director’s duties under the Congressional Budget
and Impoundment Control Act of 1974.’’.
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SEC.
4133.
MEDICARE COVERAGE OF CERTAIN
COMPRESSION TREATMENT ITEMS.
LYMPHEDEMA
(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;
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PUBLIC LAW 117–328—DEC. 29, 2022
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) LYMPHEDEMA COMPRESSION TREATMENT ITEMS.—The
term ‘lymphedema compression treatment items’ means standard
and custom fitted gradient compression garments and other items
determined by the Secretary that are—
‘‘(1) furnished on or after January 1, 2024, to an individual
with a diagnosis of lymphedema for the treatment of such
condition;
‘‘(2) primarily and customarily used to serve a medical
purpose and for the treatment of lymphedema, as determined
by the Secretary; and
‘‘(3) prescribed by a physician (or a physician assistant,
nurse practitioner, or a clinical nurse specialist (as those terms
are defined in section 1861(aa)(5)) to the extent authorized
under State law).’’.
(2) PAYMENT.—
(A) IN GENERAL.—Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) , as amended by section
4121(a), is amended—
(i) by striking ‘‘and’’ before ‘‘(FF)’’; and
(ii) by inserting before the semicolon at the end
the following: ‘‘, and (GG) with respect to lymphedema
compression treatment items (as defined in section
1861(mmm)), the amount paid shall be equal to 80
percent of the lesser of the actual charge or the amount
determined under the payment basis determined under
section 1834(z)’’.
(B) PAYMENT BASIS AND LIMITATIONS.—Section 1834
of the Social Security Act (42 U.S.C. 1395m) is amended
by adding at the end the following new subsection:
‘‘(z) PAYMENT FOR LYMPHEDEMA COMPRESSION TREATMENT
ITEMS.—
‘‘(1) IN GENERAL.—The Secretary shall determine an appropriate payment basis for lymphedema compression treatment
items (as defined in section 1861(mmm)). In making such a
determination, the Secretary may take into account payment
rates for such items under State plans (or waivers of such
plans) under title XIX, the Veterans Health Administration,
and group health plans and health insurance coverage (as
such terms are defined in section 2791 of the Public Health
Service Act), and such other information as the Secretary determines appropriate.
‘‘(2) FREQUENCY LIMITATION.—No payment may be made
under this part for lymphedema compression treatment items
furnished other than at such frequency as the Secretary may
establish.
‘‘(3) APPLICATION OF COMPETITIVE ACQUISITION.—In the case
of lymphedema compression treatment items that are included
in a competitive acquisition program in a competitive acquisition area under section 1847(a)—
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‘‘(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.
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(a) COVERAGE.—Section 1861 of the Social Security Act (42
U.S.C. 1395x) is amended—
(1) in subsection (s)(2)(Z) by inserting ‘‘, and items and
services furnished on or after January 1, 2024, related to the
administration of intravenous immune globulin,’’ after ‘‘globulin’’; and
(2) in subsection (zz), by inserting ‘‘furnished before
January 1, 2024,’’ after ‘‘but not including items or services’’.
(b) PAYMENT.—Section 1842(o) of the Social Security Act (42
U.S.C. 1395u(o)) is amended by adding at the end the following
new paragraph:
‘‘(8) In the case of intravenous immune globulin described
in section 1861(s)(2)(Z) that are furnished on or after January
1, 2024, to an individual by a supplier in the patient’s home,
the Secretary shall provide for a separate bundled payment
to the supplier for all items and services related to the administration of such intravenous immune globulin to such individual
in the patient’s home during a calendar day in an amount
that the Secretary determines to be appropriate, which may
be based on the payment established pursuant to subsection
(d) of section 101 of the Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers Act of 2012. For purposes of the preceding sentence, such separate bundled payment
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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 INHOME ADMINISTRATION OF IVIG ITEMS AND SERVICES.—Section
1834(j)(5) of the Social Security Act (42 U.S.C. 1395m(j)(5)) is
amended—
(1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
‘‘(E) items and services related to the administration
of intravenous immune globulin furnished on or after
January 1, 2024, as described in section 1861(zz);’’.
(d) COINSURANCE.—Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1), as amended by section 4121(a) and
section 4133(a), is amended—
(1) by striking ‘‘and’’ before ‘‘(GG)’’; and
(2) by inserting before the semicolon at the end the following: ‘‘, and (HH) with respect to items and services related
to the administration of intravenous immune globulin furnished
on or after January 1, 2024, as described in section 1861(zz),
the amounts paid shall be the lesser of the 80 percent of
the actual charge or the payment amount established under
section 1842(o)(8)’’.
(e) ADDITIONAL FUNDING FOR MEDICARE IVIG DEMONSTRATION
PROJECT.—
(1) FUNDING.—There is authorized to be appropriated, and
there is hereby appropriated, out of any monies in the Treasury
not otherwise appropriated, $4,300,000 for purposes of paying
for items and services furnished under the demonstration
project established by the Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers Act of 2012 (42 U.S.C.
1395l note).
(2) SUPPLEMENT, NOT SUPPLANT.—Any amounts appropriated pursuant to this subsection shall be in addition to
any other amounts otherwise appropriated pursuant to any
other provision of law.
Effective date.
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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 NONOPIOID TREATMENTS FOR PAIN RELIEF.—
‘‘(i) IN GENERAL.—Notwithstanding any other
provision of this subsection, with respect to a nonopioid 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
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Payments.
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specified in clause (ii) for such non-opioid treatment
for pain relief.
‘‘(ii) AMOUNT OF PAYMENT.—Subject to the limitation under clause (iii), the amount of the payment
specified in this clause is, with respect to a non-opioid
treatment for pain relief that is—
‘‘(I) a drug or biological product, the amount
of payment for such drug or biological determined
under section 1847A that exceeds the portion of
the otherwise applicable Medicare OPD fee
schedule that the Secretary determines is associated with the drug or biological; or
‘‘(II) a medical device, the amount of the hospital’s charges for the device, adjusted to cost,
that exceeds the portion of the otherwise applicable
Medicare OPD fee schedule that the Secretary
determines is associated with the device.
‘‘(iii)
LIMITATION.—The
additional
payment
amount specified in clause (ii) shall not exceed the
estimated average of 18 percent of the OPD fee
schedule amount for the OPD service (or group of
services) with which the non-opioid treatment for pain
relief is furnished, as determined by the Secretary.
‘‘(iv) DEFINITION OF NON-OPIOID TREATMENT FOR
PAIN RELIEF.—In this subparagraph, the term ‘nonopioid 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 passthrough 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:
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‘‘(10) TEMPORARY ADDITIONAL PAYMENTS FOR NON-OPIOID
TREATMENTS FOR PAIN RELIEF.—
‘‘(A) IN GENERAL.—In the case of surgical services furnished on or after January 1, 2025, and before January
1, 2028, the payment system described in paragraph
(2)(D)(i) shall provide, in a budget-neutral manner, for
an additional payment for a non-opioid treatment for pain
relief (as defined in clause (iv) of subsection (t)(16)(G))
furnished as part of such services in the amount specified
in clause (ii) of such subsection, subject to the limitation
under clause (iii) of such subsection.
‘‘(B) TRANSITION.—A drug or biological that meets the
requirements of section 416.174 of title 42, Code of Federal
Regulations (or any successor regulation) and is a nonopioid treatment for pain relief (as defined in clause (iv)
of subsection (t)(16)(G)) shall receive additional payment
in the amount specified in clause (ii) of such subsection,
subject to the limitation under clause (iii) of such subsection.’’.
(c) EVALUATION OF COVERAGE AND PAYMENT FOR NON-OPIOID
THERAPIES AND THERAPEUTIC SERVICES FOR PAIN MANAGEMENT.—
(1) REPORT TO CONGRESS.—Not later than January 1, 2028,
the Secretary of Health and Human Services (in this subsection
referred to as the ‘‘Secretary’’) shall submit to Congress a
report—
(A) identifying limitations, gaps, barriers to access,
or deficits in Medicare coverage or reimbursement for
restorative therapies, behavioral approaches, and complementary and integrative health services that are identified in the Pain Management Best Practices Inter-Agency
Task Force Report and that have demonstrated the ability
to replace or reduce opioid consumption;
(B) recommending actions to address the limitations,
gaps, barriers to access, or deficits identified under
subparagraph (A) to improve Medicare coverage and
reimbursement for such therapies, approaches, and services; and
(C) comparing, for the 12-month period following the
first 6 months in which additional payment for non-opioid
treatments for pain relief (as defined in clause (iv) of section
1833(t)(16)(G) of the Social Security Act, as added by subsection (a)) is made under such section 1833(t)(16)(G)—
(i) with respect to Medicare beneficiaries who
received a non-opioid treatment for pain relief (as so
defined) as part of a covered OPD service, the quantity
of opioids administered, dispensed, and prescribed for
the same covered OPD service, including postoperative
management; and
(ii) with respect to Medicare beneficiaries who did
not receive a non-opioid treatment for pain relief (as
so defined) as part of the same covered OPD service
in clause (i)), the quantity of opioids administered,
dispensed, and prescribed for the same covered OPD
service, including postoperative management.
(2) REPORTING STANDARD AND PUBLIC CONSULTATION.—In
developing the report described in paragraph (1), the Secretary
shall compare results from nationally represented samples of
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Recommendations.
Time periods.
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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.
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(a) IN GENERAL.—Section 1834(s) of the Social Security Act
(42 U.S.C. 1395m(s)) is amended—
(1) by amending paragraph (3) to read as follows:
‘‘(3) PAYMENT.—
‘‘(A) IN GENERAL.—The separate payment amount
established under this paragraph for an applicable disposable device for a year shall be equal to—
‘‘(i) for a year before 2024, the amount of the
payment that would be made under section 1833(t)
(relating to payment for covered OPD services) for
the year for the Level I Healthcare Common Procedure
Coding System (HCPCS) code for which the description
for a professional service includes the furnishing of
such device;
‘‘(ii) for 2024, the supply price used to determine
the relative value for the service under the fee schedule
under section 1848 (as of January 1, 2022) for the
applicable disposable device, updated by the specified
adjustment described in subparagraph (B) for such
year; and
‘‘(iii) for 2025 and each subsequent year, the payment amount established under this paragraph for
such device for the previous year, updated by the specified adjustment described in subparagraph (B) for such
year.
‘‘(B) SPECIFIED ADJUSTMENT.—
‘‘(i) IN GENERAL.—For purposes of subparagraph
(A), the specified adjustment described in this subparagraph for a year is equal to—
‘‘(I) the percentage increase in the consumer
price index for all urban consumers (United States
city average) for the 12-month period ending in
June of the previous year; minus
‘‘(II) the productivity adjustment described in
section 1886(b)(3)(B)(xi)(II) for such year.
‘‘(ii) CLARIFICATION ON APPLICATION OF THE
PRODUCTIVITY ADJUSTMENT.—The application of clause
(i)(II) may result in a specified adjustment of less than
0.0 for a year, and may result in the separate payment
amount under this subsection for an applicable device
for a year being less than such separate payment
amount for such device for the preceding year.
‘‘(C) EXCLUSION OF NURSING AND THERAPY SERVICES
FROM SEPARATE PAYMENT.—With respect to applicable
devices furnished on or after January 1, 2024, the separate
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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) 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.’’.
Effective date.
Claims.
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’’.
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SEC.
4138.
REMEDYING ELECTION REVOCATIONS RELATING
ADMINISTRATION OF COVID–19 VACCINES.
TO
(a) IN GENERAL.—Section 1821(b)(5)(A) of the Social Security
Act (42 U.S.C. 1395i–5(b)(5)(A)) is amended—
(1) in clause (i), by striking ‘‘or’’ or at the end;
(2) in clause (ii), by striking the period at the end and
inserting ‘‘, or’’; and
(3) by adding at the end the following new clause:
‘‘(iii) effective beginning on the date of the enactment of this clause, that is a COVID–19 vaccine and
its administration described in section 1861(s)(10)(A).’’.
(b) SPECIAL RULES FOR COVID–19 VACCINES RELATING TO REVOCATION OF ELECTION.—Notwithstanding paragraphs (3) and (4)
of section 1821(b) of the Social Security Act (42 U.S.C. 1395i–
5(b)), in the case of an individual with a revocation of an election
under such section prior to the date of enactment of this Act
by reason of receiving a COVID–19 vaccine and its administration
described in section 1861(s)(10)(A) of such Act (42 U.S.C.
1395x(s)(10)(A)), the following rules shall apply:
(1) Beginning on such date of enactment, such individual
may make an election under such section, which shall take
effect immediately upon its execution, if such individual would
be eligible to make such an election if they had not received
such COVID–19 vaccine and its administration.
(2) Such revoked election shall not be taken into account
for purposes of determining the effective date for an election
described in subparagraph (A) or (B) of such paragraph (4).
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Applicability.
42 USC
1395i–5 note.
Effective dates.
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42 USC 1395m
note.
Applicability.
PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 4139. PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT
UNDER THE MEDICARE PROGRAM.
(a) AREAS OTHER THAN RURAL AND NONCONTIGUOUS AREAS.—
The Secretary shall implement section 414.210(g)(9)(v) of title 42,
Code of Federal Regulations (or any successor regulation), to apply
the transition rule described in the first sentence of such section
to all applicable items and services furnished in areas other than
rural or noncontiguous areas (as such terms are defined for purposes
of such section) through the remainder of the duration of the
emergency period described in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b–5(g)(1)(B)) or December 31, 2023,
whichever is later.
(b) ALL AREAS.—The Secretary shall not implement section
414.210(g)(9)(vi) of title 42, Code of Federal Regulations (or any
successor regulation) until the date immediately following the last
day of the emergency period described in section 1135(g)(1)(B) of
the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), or January
1, 2024, whichever is later.
(c) IMPLEMENTATION.—Notwithstanding any other provision of
law, the Secretary may implement the provisions of this section
by program instruction or otherwise.
SEC. 4140. EXTENDING ACUTE HOSPITAL CARE AT HOME WAIVERS
AND FLEXIBILITIES.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
is amended by inserting after section 1866F the following new
section:
42 USC
1395cc–7.
‘‘SEC. 1866G. EXTENSION OF ACUTE HOSPITAL CARE AT HOME INITIATIVE.
‘‘(a) IN GENERAL.—
‘‘(1) EXTENSION.—With respect to inpatient hospital admissions occurring during the period beginning on the first day
after the end of the emergency period described in section
1135(g)(1)(B) and ending on December, 31, 2024, the Secretary
of Health and Human Services shall grant waivers and flexibilities (as described in paragraph (2)) to an individual hospital
that submits a request for such waivers and flexibilities and
meets specified criteria (as described in paragraph (3)) in order
to participate in the Acute Hospital Care at Home initiative
of the Secretary.
‘‘(2) ACUTE HOSPITAL CARE AT HOME WAIVERS AND FLEXIBILITIES.—For the purposes of paragraph (1), the waivers and flexibilities described in this paragraph are the following waivers
and flexibilities that were made available to individual hospitals
under the Acute Hospital Care at Home initiative of the Secretary during the emergency period described in section
1135(g)(1)(B):
‘‘(A) Subject to paragraph (3)(D), waiver of the requirements to provide 24-hour nursing services on premises
and for the immediate availability of a registered nurse
under section 482.23(b) of title 42, Code of Federal Regulations (or any successor regulation), and the waivers of
the physical environment and Life Safety Code requirements under section 482.41 of title 42, Code of Federal
Regulations (or any successor regulation).
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PUBLIC LAW 117–328—DEC. 29, 2022
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) SPECIFIED CRITERIA.—For purposes of paragraph (1),
the specified criteria for granting such waivers and flexibilities
to individual hospitals are:
‘‘(A) The hospital shall indicate to the Secretary the
criteria it would use to ensure that hospital services be
furnished only to an individual who requires an inpatient
level of care, and shall require that a physician document
in the medical record of each such individual that the
individual meets such criteria.
‘‘(B) The hospital and any other entities providing services under arrangements with the hospital shall ensure
that the standard of care to treat an individual at home
is the same as the standard of care to treat such individual
as an inpatient of the hospital.
‘‘(C) The hospital shall ensure that an individual is
only eligible for services under paragraph (1) if the individual is a hospital inpatient or is a patient of the hospital’s
emergency department for whom the hospital determines
that an inpatient level of care is required (as described
in subparagraph (A)).
‘‘(D) The hospital shall meet all patient safety standards determined appropriate by the Secretary, in addition
to those that otherwise apply to the hospital, except those
for which the waivers and flexibilities under this subsection
apply.
‘‘(E) The hospital shall provide to the Secretary, at
a time, form and manner determined by the Secretary,
any data and information the Secretary determines necessary to do the following:
‘‘(i) Monitor the quality of care furnished, and to
the extent practicable, ensure the safety of individuals
and analyze costs of such care.
‘‘(ii) Undertake the study described in subsection
(b).
‘‘(F) The hospital meets such other requirements and
conditions as the Secretary determines appropriate.
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Determinations.
Data.
PUBL328
136 STAT. 5928
Determination.
Analyses.
Determination.
Costs.
Public
information.
Web posting.
Web postings.
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(4) TERMINATION.—The Secretary may terminate a hospital from participation in such initiative (and the waivers
and flexibilities applicable to such hospital) if the Secretary
determines that the hospital no longer meets the criteria
described in paragraph (3).
‘‘(b) STUDY AND REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a study
to—
‘‘(A) analyze, to the extent practicable, the criteria
established by hospitals under the Acute Hospital Care
at Home initiative of the Secretary to determine which
individuals may be furnished services under such initiative;
and
‘‘(B) analyze and compare, to the extent practicable—
‘‘(i) quality of care furnished to individuals with
similar conditions and characteristics in the inpatient
setting and through the Acute Hospital Care at Home
initiative, including health outcomes, hospital readmission rates, hospital mortality rates, length of stay,
infection rates, and patient experience of care;
‘‘(ii) clinical conditions treated and diagnosisrelated groups of discharges from the inpatient setting
and under the Acute Hospital Care at Home initiative;
‘‘(iii) costs incurred by furnishing care in the
inpatient setting and through the Acute Hospital Care
at Home initiative;
‘‘(iv) the quantity, mix and intensity of such services (such as in-person visits and virtual contacts with
patients) furnished in the Acute Hospital Care at Home
initiative and furnished in the inpatient setting; and
‘‘(v) socioeconomic information on beneficiaries
treated under the initiative, including racial and ethnic
data, income, and whether such beneficiaries are dually
eligible for benefits under this title and title XIX.
‘‘(2) REPORT.—Not later than September 30, 2024, the Secretary of Health and Human Services shall post on a website
of the Centers for Medicare & Medicaid Services a report on
the study conducted under paragraph (1).
‘‘(3) FUNDING.—In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2023,
out of any amounts in the Treasury not otherwise appropriated,
$5,000,000, to remain available until expended, for purposes
of carrying out this subsection.
‘‘(c) IMPLEMENTATION.—Notwithstanding any other provision of
law, the Secretary may implement this section by program instruction or otherwise.
‘‘(d) PUBLICLY AVAILABLE INFORMATION.—The Secretary shall,
as feasible, make the information collected under subsections
(a)(3)(E) and (b)(1) available on the Medicare.gov internet website
(or a successor website).’’.
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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—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) PASS-THROUGH EXTENSION FOR CERTAIN DEVICES.—
‘‘(i) IN GENERAL.—In the case of a device whose
period of pass-through status under this paragraph
will end on December 31, 2022, such pass-through
status shall be extended for a 1–year period beginning
on January 1, 2023.
‘‘(ii) NO ADJUSTMENT FOR PACKAGED COSTS.—For
purposes of the 1–year period described in clause (i),
the Secretary shall not remove the packaged costs of
such device (as determined by the Secretary) from
the payment amount under this subsection for a covered OPD service (or group of services) with which
it is packaged.
‘‘(iii) NO APPLICATION OF AGGREGATE LIMIT OR
BUDGET NEUTRALITY.—Notwithstanding any other
provision of this subsection, this subparagraph shall
not be taken into account—
‘‘(I) in applying the limit on annual aggregate
adjustments under subparagraph (E) for 2023; or
‘‘(II) in making any budget neutrality adjustments under this subsection for 2023.’’.
(b) IMPLEMENTATION.—Notwithstanding any other provision of
law, the Secretary of Health and Human Service may implement
the amendments made by subsection (a) by program instruction
or otherwise.
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SEC. 4142. INCREASING TRANSPARENCY FOR HOME HEALTH PAYMENTS UNDER THE MEDICARE PROGRAM.
(a) TRANSPARENCY.—In notice and comment rulemaking used
to implement section 1895(b)(3)(D) of the Social Security Act (42
U.S.C. 1395fff(b)(3)(D), the Secretary of Health and Human Services
(referred to in this section as the ‘‘Secretary’’) shall, on the date
of the notice of proposed rulemaking, make available through the
internet website of the Centers for Medicare & Medicaid Services
the following:
(1) Electronic data files showing the Centers for Medicare
& Medicaid Services simulation of 60-day episodes under the
home health prospective payment system in effect prior to
the Patient Driven Groupings Model using data from 30-day
periods paid under such Model, if such data are used in determining payment adjustments under clauses (ii) or (iii) of such
section 1895(b)(3)(D).
(2) To the extent practicable, a description of actual
behavior changes, as described in clause (i) of such section
1895(b)(3)(D), including behavior changes as a result of the
implementation of sections 1895(b)(2)(B) and 1895(b)(4)(B) of
the Social Security Act (42 U.S.C. 1395fff(b)(2)(B) and
1395(b)(4)(B)) that occurred in calendar years 2020 through
2026.
(b) ENGAGEMENT WITH STAKEHOLDERS.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this section, the Secretary shall use an open
door forum, a town hall meeting, a web-based forum, or other
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Time period.
42 USC 1395l
note.
Public
information.
Web postings.
42 USC 1395fff
note.
Notice.
Public comments.
Regulations.
Time periods.
Data.
Deadline.
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136 STAT. 5930
PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5931
of cost reporting periods occurring in the year pursuant to the
application of paragraph (2)(B)(ii) of such subsection.’’.
(c) RETROACTIVE APPLICATION.—The amendments made by this
section shall apply to payments made for portions of cost reporting
periods occurring in 2010 through 2019.
(d) FUNDING.—In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid Services Program Management Account for fiscal year 2023, out of
any amounts in the Treasury not otherwise appropriated,
$3,000,000, to remain available until expended, for purposes of
carrying out the amendments made by this section.
42 USC 1395ww
note.
Subtitle E—Health Care Tax Provisions
SEC. 4151. EXTENSION OF SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR TELEHEALTH.
(a) IN GENERAL.—Section 223(c)(2)(E) of the Internal Revenue
Code of 1986 is amended by striking ‘‘In the case of plan years’’
and all that follows through ‘‘a plan’’ and inserting ‘‘In the case
of—
‘‘(i) months beginning after March 31, 2022, and
before January 1, 2023, and
‘‘(ii) plan years beginning on or before December
31, 2021, or after December 31, 2022, and before
January 1, 2025,
a plan’’.
(b) CERTAIN COVERAGE DISREGARDED.—Section 223(c)(1)(B)(ii)
of the Internal Revenue Code of 1986 is amended by striking
‘‘(in the case of plan years beginning on or before December 31,
2021, or in the case of months beginning after March 31, 2022,
and before January 1, 2023)’’ and inserting ‘‘(in the case of months
or plan years to which paragraph (2)(E) applies)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2022.
26 USC 223.
26 USC 223 note.
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’’.
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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)—
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136 STAT. 5932
PUBLIC LAW 117–328—DEC. 29, 2022
(A) by striking ‘‘On the dates OMB issues its sequestration preview reports’’ and inserting ‘‘On the date on which
the President submits the budget under section 1105 of
title 31, United States Code,’’; and
(B) by striking ‘‘pursuant to section 254(c),’’;
(2) in subparagraph (C), by moving the margin 2 ems
to the left;
(3) by striking subparagraphs (D) and (E); and
(4) by adding at the end the following:
‘‘(D) On the date on which the President submits the budget
under section 1105 of title 31, United States Code, for fiscal
year 2032, the President shall order a sequestration of payments for the Medicare programs specified in section 256(d),
effective upon issuance, such that, notwithstanding the 2 percent limit specified in subparagraph (A) for such payments—
‘‘(i) with respect to the first 6 months in which such
order is effective for such fiscal year, the payment reduction
shall be 2.0 percent; and
‘‘(ii) with respect to the second 6 months in which
such order is effective for such fiscal year, the payment
reduction shall be 0 percent.’’.
President.
Sequestration.
Payments.
Time periods.
TITLE V—MEDICAID AND CHIP
PROVISIONS
Subtitle A—Territories
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Time periods.
SEC. 5101. MEDICAID ADJUSTMENTS FOR THE TERRITORIES.
(a) REVISING ALLOTMENTS FOR PUERTO RICO.—Section 1108(g)
of the Social Security Act (42 U.S.C. 1308(g)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (A)—
(i) in clause (i)—
(I) by striking ‘‘clause (ii)’’ and inserting
‘‘clause (ii) or (iii)’’; and
(II) by striking ‘‘and’’ at the end;
(ii) in clause (ii), by striking the semicolon and
inserting ‘‘; and’’; and
(iii) by adding at the end the following new clause:
‘‘(iii) for fiscal year 2023 and each subsequent fiscal
year, the amount specified in paragraph (11) for such
fiscal year;’’; and
(B) in the matter following subparagraph (E), by
striking ‘‘each fiscal year after fiscal year 2021’’ and
inserting ‘‘fiscal year 2022 (and, in the case of a territory
other than Puerto Rico, for each subsequent fiscal year)’’;
and
(2) by adding at the end the following new paragraphs:
‘‘(11) ALLOTMENT AMOUNTS FOR PUERTO RICO FOR FISCAL
YEAR 2023 AND SUBSEQUENT FISCAL YEARS.—For purposes of
paragraph (2)(A)(iii), subject to paragraphs (12) and (13), the
amounts specified in this paragraph are the following:
‘‘(A) For fiscal year 2023, $3,275,000,000.
‘‘(B) For fiscal year 2024, $3,325,000,000.
‘‘(C) For fiscal year 2025, $3,475,000,000.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 determining the amount specified under subparagraph (F)
for fiscal year 2028 or under subparagraph (G) for fiscal year
2029 or a subsequent fiscal year, the Secretary may in no
way take into account the amount that was provided under
this subsection for Puerto Rico for fiscal year 2022 that was
based on the Centers for Medicare & Medicaid Services’
interpretation of the flush language following paragraph (2)(E)
(as described in the letters sent by the Centers for Medicare
& Medicaid Services to the Director of the Medicaid Program
for Puerto Rico dated September 24, 2021, and November 18,
2021, respectively).
‘‘(12) ADDITIONAL INCREASE FOR PUERTO RICO.—
‘‘(A) IN GENERAL.—For fiscal year 2023 and each subsequent fiscal year through fiscal year 2027, the amount
specified in paragraph (11) for the fiscal year shall be
equal to the amount specified for such fiscal year under
such paragraph increased by $300,000,000 if the Secretary
certifies that, with respect to such fiscal year, Puerto Rico’s
State plan under title XIX (or waiver of such plan) establishes a reimbursement floor, implemented through a
directed payment arrangement plan, for physician services
that are covered under the Medicare part B fee schedule
in the Puerto Rico locality established under section 1848(b)
that is not less than 75 percent of the payment that would
apply to such services if they were furnished under part
B of title XVIII during such fiscal year.
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Determination.
Certification.
Plan.
Applicability.
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136 STAT. 5934
Payments.
Contracts.
Effective date.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(B) APPLICATION TO MANAGED CARE.—In certifying
whether Puerto Rico has established a reimbursement floor
under a directed payment arrangement plan that satisfies
the requirements of subparagraph (A)—
‘‘(i) for fiscal year 2023, the Secretary shall apply
such requirements to payments for physician services
under a managed care contract entered into or renewed
after the date of enactment of this paragraph and
disregard payments for physician services under any
managed care contract that was entered into prior
to such date; and
‘‘(ii) for each subsequent fiscal year through fiscal
year 2027—
‘‘(I) the Secretary shall disregard payments
made under subcapitated arrangements for services such as primary care case management; and
‘‘(II) if the reimbursement floor for physician
services applicable under a managed care contract
satisfies the requirements of subparagraph (A) for
the fiscal year in which the contract is entered
into or renewed, such reimbursement floor shall
be deemed to satisfy such requirements for the
subsequent fiscal year.
‘‘(C) NONAPPLICATION OF INCREASE IN DETERMINING
ALLOTMENTS FOR SUBSEQUENT FISCAL YEARS.—An increase
under this paragraph for a fiscal year may not be taken
into account in calculating the amount specified under
paragraph (11) for the succeeding fiscal year.
‘‘(13) FURTHER INCREASE FOR PUERTO RICO.—
‘‘(A) IN GENERAL.—For each of fiscal years 2023
through 2027, the amount specified in paragraph (11) for
the fiscal year shall be equal to the amount specified for
such fiscal year under such paragraph (increased, if
applicable, in accordance with paragraph (12)) and further
increased—
‘‘(i) in the case of each of fiscal years 2023 through
2025, by $75,000,000 if the Secretary determines that
Puerto Rico fully satisfies the requirements described
in paragraph (7)(A)(i) for such fiscal year; and
‘‘(ii) in the case of each of fiscal years 2026 and
2027, by $75,000,000 if the Secretary determines that
Puerto Rico fully satisfies the requirements described
in—
‘‘(I) paragraph (7)(A)(i) for such fiscal year;
and
‘‘(II) paragraph (7)(A)(v) for such fiscal year.
‘‘(B) NONAPPLICATION OF INCREASE IN DETERMINING
ALLOTMENTS FOR SUBSEQUENT FISCAL YEARS.—An increase
under this paragraph for a fiscal year may not be taken
into account in calculating the amount specified under
paragraph (11) for the succeeding fiscal year.’’.
(b) EXTENSION OF INCREASED FMAPS.—Section 1905(ff) of the
Social Security Act (42 U.S.C. 1396d(ff)) is amended—
(1) in the header, by striking ‘‘TEMPORARY’’;
(2) in paragraph (2)—
(A) by striking ‘‘subject to section 1108(g)(7)(C),’’; and
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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—
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Deadlines.
Designation.
Certification.
Public
information.
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PUBLIC LAW 117–328—DEC. 29, 2022
(1) in subparagraph (A), by inserting ‘‘and for fiscal year
2023 and each subsequent fiscal year (or, in the case of Puerto
Rico, and for fiscal year 2023 and each subsequent fiscal year
before fiscal year 2028)’’ after ‘‘fiscal year 2021)’’; and
(2) in subparagraph (B)(i), by inserting ‘‘or by reason of
the amendments made by section 5101 of the Health Extenders,
Improving Access to Medicare, Medicaid, and CHIP, and
Strengthening Public Health Act of 2022’’ before the period
at the end.
(e) PUERTO RICO PROGRAM INTEGRITY.—Section 1108(g)(7)(A)
of the Social Security Act (42 U.S.C. 1308(g)(7)(A)) is amended—
(1) in clause (iii), in the header, by inserting ‘‘REPORTING’’
after ‘‘REFORM’’; and
(2) by adding at the end the following new clause:
‘‘(v) CONTRACTING AND PROCUREMENT OVERSIGHT
LEAD REQUIREMENT.—
‘‘(I) IN GENERAL.—Not later than 6 months
after the date of the enactment of this clause,
the agency responsible for the administration of
Puerto Rico’s Medicaid program under title XIX
shall designate an officer (other than the director
of such agency) to serve as the Contracting and
Procurement Oversight Lead to carry out the
duties specified in subclause (II).
‘‘(II) DUTIES.—Not later than 60 days after
the end of each fiscal quarter (beginning with the
first fiscal quarter beginning on or after the date
that is 1 year after the date of the enactment
of this clause), the officer designated pursuant to
subclause (I) shall, with respect to each contract
described in clause (iii) with an annual value
exceeding $150,000 entered into during such
quarter, certify to the Secretary either—
‘‘(aa) that such contract has met the
procurement standards identified under any
of sections 75.327, 75.328, and 75.329 of title
45, Code of Federal Regulations (or successor
regulations); or
‘‘(bb) that extenuating circumstances
(including a lack of multiple entities competing
for such contract) prevented the compliance
of such contract with such standards.
‘‘(III) PUBLICATION.—The officer designated
pursuant to subclause (I) shall make public each
certification containing extenuating circumstances
described in subclause (II)(bb) not later than 30
days after such certification is made, including
a description of, and justification of, such extenuating circumstances.
‘‘(IV) REVIEW OF COMPLIANCE.—Not later than
2 years after the date of the enactment of this
clause, the Inspector General of the Department
of Health and Human Services shall submit to
Congress a report on the compliance of Puerto
Rico with the provisions of this clause.’’.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) IN GENERAL.—Each territory described in paragraph
(2) shall—
(A) not later than September 30, 2023, submit to the
Secretary of Health and Human Services a 4-year strategic
plan that outlines the territory’s goals relating to workforce
development, financing, systems implementation and operation, and program integrity with respect to the territory’s
Medicaid program under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.); and
(B) not later than September 30, 2027, submit to the
Secretary of Health and Human Services an analysis of
the extent to which the territory has achieved, or is making
progress toward achieving, the goals described in such strategic plan, and any policy changes relating to such goals
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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132 Stat. 173.
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(a) IN GENERAL.—Section 2104(a) of the Social Security Act
(42 U.S.C. 1397dd(a)) is amended—
(1) in paragraph (27), by striking ‘‘through 2026’’ and
inserting ‘‘through 2028’’; and
(2) in paragraph (28)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘for fiscal year 2027’’ and inserting ‘‘for fiscal year
2029’’;
(B) in subparagraph (A), by striking ‘‘beginning on
October 1, 2026, and ending on March 31, 2027’’ and
inserting ‘‘beginning on October 1, 2028, and ending on
March 31, 2029’’; and
(C) in subparagraph (B), by striking ‘‘beginning on
April 1, 2027, and ending on September 30, 2027’’ and
inserting ‘‘beginning on April 1, 2029, and ending on September 30, 2029’’.
(b) CHIP ALLOTMENTS.—
(1) IN GENERAL.—Section 2104(m) of the Social Security
Act (42 U.S.C. 1397dd(m)) is amended—
(A) in paragraph (2)(B)(i), by striking ‘‘, 2023, and
2027’’ and inserting ‘‘2023, and 2029’’;
(B) in paragraph (5), by striking ‘‘or 2027’’ and inserting
‘‘or 2029’’;
(C) in paragraph (7)—
(i) in subparagraph (A), by striking ‘‘fiscal year
2027,’’ and inserting ‘‘fiscal year 2029’’; and
(ii) in the flush left matter at the end, by striking
‘‘or fiscal year 2026.’’ and inserting ‘‘fiscal year 2026,
or fiscal year 2028.’’;
(D) in paragraph (9), by striking ‘‘or 2027’’ and
inserting ‘‘or 2029’’; and
(E) in paragraph (11)—
(i) in the paragraph header, by striking ‘‘FISCAL
YEAR 2027’’ and inserting ‘‘FISCAL YEAR 2029’’; and
(ii) in subparagraph (C)—
(I) by striking ‘‘fiscal year 2026’’ each place
it appears and inserting ‘‘fiscal year 2028’’; and
(II) by striking ‘‘fiscal year 2027’’ and inserting
‘‘fiscal year 2029’’.
(2) CONFORMING AMENDMENTS.—Section 50101(b)(2) of the
Bipartisan Budget Act of 2018 (Public Law 115–123) is
amended—
(A) in the paragraph header, by striking ‘‘FISCAL YEAR
2027’’ and inserting ‘‘FISCAL YEAR 2029’’;
(B) by striking ‘‘fiscal year 2027’’ each place it appears
and inserting ‘‘fiscal year 2029’’; and
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PUBLIC LAW 117–328—DEC. 29, 2022
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’’.
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PUBL328
136 STAT. 5940
PUBLIC LAW 117–328—DEC. 29, 2022
(2) CONFORMING
ABILITY
STANDARD
AMENDMENTS FOR ASSURANCE OF AFFORDFOR 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.
Determination.
Time period.
42 USC 1396a
note.
42 USC 1396a
note.
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42 USC 1396a
note,
1397gg note.
(a) UNDER THE MEDICAID PROGRAM.—Section 1902(e) of the
Social Security Act (42 U.S.C. 1396a(e)) is amended by striking
paragraph (12) and inserting the following new paragraph:
‘‘(12) 1 YEAR OF CONTINUOUS ELIGIBILITY FOR CHILDREN.—
The State plan (or waiver of such State plan) shall provide
that an individual who is under the age of 19 and who is
determined to be eligible for benefits under a State plan (or
waiver of such plan) approved under this title under subsection
(a)(10)(A) shall remain eligible for such benefits until the earlier
of—
‘‘(A) the end of the 12-month period beginning on the
date of such determination;
‘‘(B) the time that such individual attains the age
of 19; or
‘‘(C) the date that such individual ceases to be a resident of such State.’’.
(b) UNDER THE CHILDREN’S HEALTH INSURANCE PROGRAM.—
Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1))
is amended—
(1) by redesignating subparagraphs (K) through (T) as subparagraphs (L) through (U), respectively; and
(2) by inserting after subparagraph (J) the following new
subparagraph:
‘‘(K) Section 1902(e)(12) (relating to 1 year of continuous eligibility for children), except that a targeted lowincome child enrolled under the State child health plan
or waiver may be transferred to the Medicaid program
under title XIX for the remaining duration of the 12-month
continuous eligibility period, if the child becomes eligible
for full benefits under title XIX during such period.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the first day of the first fiscal quarter that
begins on or after the date that is 1 year after the date of enactment
of this Act.
SEC. 5113. MODIFICATIONS TO POSTPARTUM COVERAGE UNDER MEDICAID AND CHIP.
Effective as if included in the enactment of sections 9812 and
9822 of the American Rescue Plan Act of 2021 (Public Law 117–
2), subsection (b) of each such section is amended by striking
‘‘during the 5-year period’’.
SEC. 5114. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING DEMONSTRATION.
(a) IN GENERAL.—Subsection (h) of section 6071 of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396a note) is amended—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) TECHNICAL ASSISTANCE.—In addition to amounts otherwise available, there is appropriated to the Secretary, out of
any money in the Treasury not otherwise appropriated for
fiscal 2023 and for each subsequent 3-year period through
fiscal year 2029, $5,000,000, to remain available until expended,
for carrying out subsections (f) and (g).’’.
(b) REDISTRIBUTION OF UNEXPENDED GRANT AWARDS.—Subsection (e)(2) of section 6071 of the Deficit Reduction Act of 2005
(42 U.S.C. 1396a note) is amended by adding at the end the following new sentence: ‘‘Any portion of a State grant award for
a fiscal year under this section that is unexpended by the State
at the end of the fourth succeeding fiscal year shall be rescinded
by the Secretary and added to the appropriation for the fifth succeeding fiscal year.’’.
Time periods.
Rescission.
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
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SEC.
5121.
MEDICAID AND CHIP REQUIREMENTS FOR HEALTH
SCREENINGS, REFERRALS, AND CASE MANAGEMENT
SERVICES FOR ELIGIBLE JUVENILES IN PUBLIC INSTITUTIONS.
(a) MEDICAID STATE PLAN REQUIREMENT.—Section 1902 of the
Social Security Act (42 U.S.C. 1396a) is amended—
(1) in subsection (a)(84)—
(A) in subparagraph (A), by inserting ‘‘, subject to
subparagraph (D),’’ after ‘‘but’’;
(B) in subparagraph (B), by striking ‘‘and’’ at the end;
(C) in subparagraph (C), by adding ‘‘and’’ at the end;
and
(D) by adding at the end the following new subparagraph:
‘‘(D) in the case of an individual who is an eligible
juvenile described in subsection (nn)(2) and is within 30
days of the date on which such eligible juvenile is scheduled
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Determinations.
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PUBLIC LAW 117–328—DEC. 29, 2022
to be released from a public institution following adjudication, the State shall have in place a plan, and in accordance
with such plan, provide for—
‘‘(i) in the 30 days prior to the release of such
eligible juvenile from such public institution (or not
later than one week, or as soon as practicable, after
release from the public institution), and in coordination
with such institution, any screening or diagnostic
service which meets reasonable standards of medical
and dental practice, as determined by the State, or
as indicated as medically necessary, in accordance with
paragraphs (1)(A) and (5) of section 1905(r), including
a behavioral health screening or diagnostic service;
and
‘‘(ii) in the 30 days prior to the release of such
eligible juvenile from such public institution, and for
at least 30 days following the release of such eligible
juvenile from such institution, targeted case management services, including referrals for such eligible juvenile to the appropriate care and services available in
the geographic region of the home or residence of such
eligible juvenile (where feasible) under the State plan
(or waiver of such plan);’’; and
(2) in subsection (nn)(3), by striking ‘‘(30)’’ and inserting
‘‘(31)’’.
(b) AUTHORIZATION OF FEDERAL FINANCIAL PARTICIPATION.—
The subdivision (A) of section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) following paragraph (31) of such section is
amended by inserting ‘‘, or in the case of an eligible juvenile
described in section 1902(a)(84)(D) with respect to the screenings,
diagnostic services, referrals, and targeted case management services required under such section’’ after ‘‘(except as a patient in
a medical institution’’.
(c) CHIP CONFORMING AMENDMENTS.—
(1) Section 2102 of the Social Security Act (42 U.S.C.
1397bb) is amended by adding at the end the following new
subsection:
‘‘(d) TREATMENT OF CHILDREN WHO ARE INMATES OF A PUBLIC
INSTITUTION.—
‘‘(1) IN GENERAL.—The State child health plan shall provide
that—
‘‘(A) the State shall not terminate eligibility for child
health assistance under the State child health plan for
a targeted low-income child because the child is an inmate
of a public institution, but may suspend coverage during
the period the child is such an inmate;
‘‘(B) in the case of a targeted low-income child who
was determined eligible for child health assistance under
the State child health plan (or waiver of such plan) immediately before becoming an inmate of a public institution,
the State shall, prior to the child’s release from such public
institution, conduct a redetermination of eligibility for such
child with respect to such child health assistance (without
requiring a new application from the child) and, if the
State determines pursuant to such redetermination that
the child continues to meet the eligibility requirements
for such child health assistance, the State shall restore
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PUBLIC LAW 117–328—DEC. 29, 2022
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.—A State child health plan shall provide that,
in the case of a targeted low-income child who is within 30
days of the date on which such child is scheduled to be released
from a public institution following adjudication, the State shall
have in place a plan for providing, and shall provide in accordance with such plan, screenings, diagnostic services, referrals,
and case management services otherwise covered under the
State child health plan (or waiver of such plan) in the same
manner as described in section 1902(a)(84)(D).’’.
(2) Section 2110(b) of the Social Security Act (42 U.S.C.
1397jj(b)) is amended—
(A) in paragraph (2)(A), by inserting ‘‘except as provided in paragraph (7),’’ before ‘‘a child who is an inmate
of a public institution’’; and
(B) by adding at the end the following new paragraph:
‘‘(7) EXCEPTION TO EXCLUSION OF CHILDREN WHO ARE
INMATES OF A PUBLIC INSTITUTION.—In the case of a child
who is an inmate of a public institution, during the 30 days
prior to the release of the child from such institution the
child shall not be considered to be described in paragraph
(2)(A) with respect to the screenings, diagnostic services, referrals, and case management services otherwise covered under
the State child health plan (or waiver of such plan) that the
State is required to provide under section 2102(d)(2).’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply beginning on the first day of the first calendar quarter
that begins on or after the date that is 24 months after the date
of enactment of this Act.
Plan.
Time period.
Time period.
42 USC 1396a
note.
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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
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136 STAT. 5944
42 USC 1396a
note.
PUBLIC LAW 117–328—DEC. 29, 2022
to the screenings, diagnostic services, referrals, and case
management required under such section’’.
(2) CONFORMING AMENDMENT.—Section 1902(a)(84)(A) of
the Social Security Act (42 U.S.C. 1396a(a)(84)(A)) is amended
by inserting ‘‘(or in the case of a State electing the option
described in the subdivision (A) following paragraph (31) of
section 1905(a), during such period beginning after the disposition of charges with respect to such individual)’’ after ‘‘is such
an inmate’’.
(b) CHIP.—Section 2110(b)(7) of the Social Security Act (42
U.S.C. 13977jj(b)(7)), as added by section 5121(c)(2)(B), is
amended—
(1) in the heading, by striking ‘‘EXCEPTION’’ and inserting
‘‘EXCEPTIONS’’; and
(2) by adding at the end the following new sentence: ‘‘At
the option of the State, a child who is an inmate of a public
institution shall not be considered to be described in paragraph
(2)(A) during the period that the child is an inmate of such
institution pending disposition of charges.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the first day of the first calendar quarter
that begins after the date that is 24 months after the date of
enactment of this Act and shall apply to items and services furnished for periods beginning on or after such date.
SEC. 5123. REQUIRING ACCURATE, UPDATED, AND SEARCHABLE PROVIDER DIRECTORIES.
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(a) APPLICATION TO MANAGED CARE.—Section 1932(a)(5) of the
Social Security Act (42 U.S.C. 1396u–2(a)(5)) is amended—
(1) in subparagraph (B)(i), by inserting ‘‘, including as
required by subparagraph (E)’’ before the period at the end;
and
(2) by adding at the end the following new subparagraph:
‘‘(E) PROVIDER DIRECTORIES.—
‘‘(i) IN GENERAL.—Each managed care organization, prepaid inpatient health plan (as defined by the
Secretary), prepaid ambulatory health plan (as defined
by the Secretary), and, when appropriate, primary care
case management entity (as defined by the Secretary)
with a contract with a State to enroll individuals who
are eligible for medical assistance under the State
plan under this title or under a waiver of such plan,
shall publish (and update on at least a quarterly basis
or more frequently as required by the Secretary) on
a public website, a searchable directory of network
providers, which shall include physicians, hospitals,
pharmacies, providers of mental health services, providers of substance use disorder services, providers
of long term services and supports as appropriate, and
such other providers as required by the Secretary,
and that includes with respect to each such provider—
‘‘(I) the name of the provider;
‘‘(II) the specialty of the provider;
‘‘(III) the address at which the provider provides services;
‘‘(IV) the telephone number of the provider;
and
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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) provide that in the case of a State plan (or waiver
of the plan) that provides medical assistance on a fee-forservice 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—
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‘‘(i) the provider’s cultural and linguistic capabilities, including languages (including American Sign
Language) offered by the provider or by a skilled medical interpreter who provides interpretation services
at the provider’s office;
‘‘(ii) whether the provider is accepting as new
patients individuals who receive medical assistance
under this title;
‘‘(iii) whether the provider’s office or facility has
accommodations for individuals with physical disabilities, including offices, exam rooms, and equipment;
‘‘(iv) the Internet website of such provider, if
applicable; and
‘‘(v) whether the provider offers covered services
via telehealth; and
‘‘(F) other relevant information as required by the Secretary;’’; and
(2) by striking subsection (mm) and inserting the following:
‘‘(mm) DIRECTORY PROVIDER DESCRIBED.—
‘‘(1) IN GENERAL.—A provider described in this subsection,
at a minimum, includes physicians, hospitals, pharmacies, providers of mental health services, providers of substance use
disorder services, providers of long term services and supports
as appropriate, and such other providers as required by the
Secretary, and—
‘‘(A) in the case of a provider or a provider type for
which the State agency, as a condition of receiving payment
for items and services furnished by the provider to individuals eligible to receive medical assistance under the State
plan (or a waiver of the plan), requires the enrollment
of the provider with the State agency, includes a provider
that—
‘‘(i) is enrolled with the agency as of the date
on which the directory is published or updated (as
applicable) under subsection (a)(83); and
‘‘(ii) received payment under the State plan in
the 12-month period preceding such date; and
‘‘(B) in the case of a provider or a provider type for
which the State agency does not require such enrollment,
includes a provider that received payment under the State
plan (or a waiver of the plan) in the 12-month period
preceding the date on which the directory is published
or updated (as applicable) under subsection (a)(83).
‘‘(2) STATE OPTION TO INCLUDE OTHER PARTICIPATING PROVIDERS.—At State option, a provider described in this subsection
may include any provider who furnishes services and is participating under the State plan under this title or under a waiver
of such plan.’’.
(c) GENERAL APPLICATION TO CHIP.—Section 2107(e)(1)(G) of
the Social Security Act (42 U.S.C. 1397gg(e)(1)(G)) is amended
by inserting ‘‘and subsection (a)(83) of section 1902 (relating to
searchable directories of the providers described in subsection (mm)
of such section)’’ before the period.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on July 1, 2025.
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SEC.
5124.
136 STAT. 5947
SUPPORTING ACCESS TO A CONTINUUM OF CRISIS
RESPONSE SERVICES UNDER MEDICAID AND CHIP.
(a) GUIDANCE.—Not later than July 1, 2025, the Secretary,
in coordination with the Administrator of the Centers for Medicare
& Medicaid Services and the Assistant Secretary for Mental Health
and Substance Use, shall issue guidance to States regarding Medicaid and CHIP that includes the following:
(1) Provides, in consultation with health care providers
and stakeholders with expertise in mental health and substance
use disorder crisis response services, recommendations for an
effective continuum of crisis response services that—
(A) includes crisis call centers, including 988 crisis
services hotlines, mobile crisis teams, crisis response services delivered in home, community, residential facility, and
hospital settings, and coordination with follow-on mental
health and substance use disorder services, such as intensive outpatient and partial hospitalization programs, as
well as connections to social services and supports;
(B) promotes access to appropriate and timely mental
health and substance use disorder crisis response services
in the least restrictive setting appropriate to an individual’s
needs; and
(C) promotes culturally competent, trauma-informed
care, and crisis de-escalation.
(2) Outlines the Federal authorities through which States
may finance and enhance under Medicaid and CHIP the availability of crisis response services across each stage of the continuum of crisis response services.
(3) Addresses how States under Medicaid and CHIP may
support the ongoing implementation of crisis call centers,
including 988 crisis services hotlines, and how Medicaid
administrative funding, including enhanced matching, and the
Medicaid Information Technology Architecture 3.0 framework,
may be used to establish or enhance regional or statewide
crisis call centers, including 988 crisis services hotlines, that
coordinate in real time.
(4) Identifies how States under Medicaid and CHIP may
support access to crisis response services that are responsive
to the needs of children, youth, and families, including through
CHIP health services initiatives, behavioral disorder-specific
crisis response, trained peer support services, and establishing
or enhancing crisis call centers that are youth-focused.
(5) Identifies policies and practices to meet the need for
crisis response services with respect to differing patient populations, including urban, rural, and frontier communities, differing age groups, cultural and linguistic minorities, individuals
with co-occurring mental health and substance use disorder
conditions, and individuals with disabilities.
(6) Identifies policies and practices to promote evidencebased 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
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42 USC 1396w–7.
Recommendations.
PUBL328
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Public
information.
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Reviews.
Updates.
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regions, and best practices used by States and health providers
for maximizing capacity to deliver crisis response services, such
as identifying and repurposing available beds, space, and staff
for crisis response services.
(8) Describes best practices for coordinating Medicaid and
CHIP funding with other payors and sources of Federal funding
for mental health and substance use disorder crisis response
services, and best practices for Medicaid and CHIP financing
when the continuum of crisis response services serves individuals regardless of payor.
(9) Describes best practices for establishing effective
connections with follow-on mental health and substance use
disorder services, as well as with social services and supports.
(10) Describes best practices for coordinating and financing
a continuum of crisis response services through Medicaid managed care organizations, prepaid inpatient health plans, prepaid
ambulatory health plans, and fee-for-service delivery systems,
including when States carve-out from delivery through Medicaid managed care organizations, prepaid inpatient health
plans, prepaid ambulatory health plans, or fee-for-service systems, mental health or substance use disorder benefits or a
subset of such services.
(11) Identifies strategies and best practices for measuring
and monitoring utilization of, and outcomes related to, crisis
response services.
(b) TECHNICAL ASSISTANCE CENTER.—
(1) IN GENERAL.—Not later than July 1, 2025, the Secretary,
in coordination with the Administrator of the Centers for Medicare & Medicaid Services and the Assistant Secretary for
Mental Health and Substance Use, shall establish a technical
assistance center to help States under Medicaid and CHIP
design, implement, or enhance a continuum of crisis response
services for children, youth, and adults. Such technical assistance shall, at least in part, provide support to States in—
(A) leveraging the Federal authorities through which
Medicaid and CHIP may finance mental health and substance use disorder crisis response services;
(B) coordinating Medicaid and CHIP funds with other
sources of Federal funding for mental health and substance
use disorder crisis response services; and
(C) after the guidance described in subsection (a) is
issued, adopting the best practices and strategies identified
in such guidance.
(2) COMPENDIUM OF BEST PRACTICES.—The Secretary shall
develop and maintain a publicly available compendium of best
practices for the successful operation under Medicaid and CHIP
of a continuum of crisis response services. The Secretary
annually shall review the information available through the
compendium and shall update such information when appropriate.
(c) FUNDING.—There is appropriated to the Secretary, out of
any funds in the Treasury not otherwise appropriated, to remain
available until expended for purposes of carrying out subsections
(a) and (b), $8,000,000.
(d) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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SEC.
5131.
TRANSITIONING
REQUIREMENTS.
FROM
MEDICAID
FMAP
INCREASE
(a) IN GENERAL.—Section 6008 of the Families First
Coronavirus Response Act (42 U.S.C. 1396d note) is amended—
(1) in subsection (a)—
(A) by striking ‘‘Subject to subsection (b)’’ and inserting
the following:
‘‘(1) TEMPORARY FMAP INCREASE.—Subject to subsections
(b) and (f)’’;
(B) by striking ‘‘the last day of the calendar quarter
in which the last day of such emergency period occurs’’
and inserting ‘‘December 31, 2023’’;
(C) by striking ‘‘6.2 percentage points’’ and inserting
‘‘the applicable number of percentage points for the quarter
(as determined in paragraph (2))’’; and
(D) by adding at the end the following new paragraph:
‘‘(2) APPLICABLE NUMBER OF PERCENTAGE POINTS.—For purposes of paragraph (1), the applicable number of percentage
points for a calendar quarter is the following:
‘‘(A) For each calendar quarter that occurs during the
portion of the period described in paragraph (1) that ends
on March 31, 2023, 6.2 percentage points.
‘‘(B) For the calendar quarter that begins on April
1, 2023, and ends on June 30, 2023, 5 percentage points.
‘‘(C) For the calendar quarter that begins on July 1,
2023, and ends on September 30, 2023, 2.5 percentage
points.
‘‘(D) For the calendar quarter that begins on October
1, 2023, and ends on December 31, 2023, 1.5 percentage
points.’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘subsection (a)’’ and inserting ‘‘subsection (a)(1)’’;
(B) in paragraph (2), by striking ‘‘, with respect to
an individual enrolled under such plan (or waiver),’’; and
(C) in paragraph (3)—
(i) by striking ‘‘as of the date of enactment of
this section’’ and inserting ‘‘as of March 18, 2020,’’;
(ii) by striking ‘‘such date of enactment’’ and
inserting ‘‘March 18, 2020,’’;
(iii) by striking ‘‘the last day of the month in
which the emergency period described in subsection
(a) ends’’ and inserting ‘‘March 31, 2023,’’; and
(iv) by striking ‘‘the end of the month in which
such emergency period ends’’ and inserting ‘‘March
31, 2023,’’;
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(3) by redesignating the subsection (d) added by section
11 of division X of the Consolidated Appropriations Act, 2021
(Public Law 116–260) as subsection (e); and
(4) by adding at the end the following new subsections:
‘‘(f) ELIGIBILITY REDETERMINATIONS DURING TRANSITION
PERIOD.—
‘‘(1) IN GENERAL.— For each calendar quarter occurring
during the portion of the period described in subsection (a)(1)
that begins on April 1, 2023, and ends on December 31, 2023
(such portion to be referred to in this subsection as the ‘transition period’), if a State described in such subsection satisfies
the conditions of subsection (b) and paragraph (2) of this subsection, the State shall receive the increase to the Federal
medical assistance percentage of the State applicable under
subsection (a). Nothing in this subsection shall be construed
as prohibiting a State, following the expiration of the condition
described in paragraph (3) of subsection (b), from initiating
renewals, post-enrollment verifications, and redeterminations
over a 12-month period for all individuals who are enrolled
in such plan (or waiver) as of April 1, 2023.
‘‘(2) CONDITIONS FOR FMAP INCREASE DURING TRANSITION
PERIOD.—The conditions of this paragraph with respect to a
State and the transition period are the following:
‘‘(A) COMPLIANCE WITH FEDERAL REQUIREMENTS.—The
State conducts eligibility redeterminations under title XIX
of the Social Security Act in accordance with all Federal
requirements applicable to such redeterminations,
including renewal strategies authorized under section
1902(e)(14)(A) of the Social Security Act (42 U.S.C.
1396a(e)(14)(A)) or other alternative processes and procedures approved by the Secretary of Health and Human
Services.
‘‘(B) MAINTENANCE OF UP-TO-DATE CONTACT INFORMATION.—The State, using the National Change of Address
Database Maintained by the United States Postal Service,
State health and human services agencies, or other reliable
sources of contact information, attempts to ensure that
it has up-to-date contact information (including a mailing
address, phone number, and email address) for each individual for whom the State conducts an eligibility redetermination.
‘‘(C) REQUIREMENT TO ATTEMPT TO CONTACT BENEFICIARIES PRIOR TO DISENROLLMENT.—The State does not
disenroll from the State plan or waiver any individual
who is determined ineligible for medical assistance under
the State plan or waiver pursuant to such a redetermination on the basis of returned mail unless the State first
undertakes a good faith effort to contact the individual
using more than one modality.
‘‘(g) APPLICABLE QUARTERS.—A State that ceases to meet the
requirements of subsection (b) or (f) (as applicable) shall not qualify
for the increase described in subsection (a) in the Federal medical
assistance percentage for such State for the calendar quarter in
which the State ceases to meet such requirements.’’.
(b) REPORTING AND ENFORCEMENT AND CORRECTIVE ACTION.—
Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended
by adding at the end the following new subsection:
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5951
‘‘(tt) REQUIREMENTS RELATING TO TRANSITION FROM FAMILIES
FIRST CORONAVIRUS RESPONSE ACT FMAP INCREASE REQUIREMENTS; ENFORCEMENT AND CORRECTIVE ACTION.—
‘‘(1) REPORTING REQUIREMENTS.—For each month occurring
during the period that begins on April 1, 2023, and ends on
June 30, 2024, each State shall submit to the Secretary, on
a timely basis, a report, that the Secretary shall make publicly
available, on the activities of the State relating to eligibility
redeterminations conducted during such period, and which
include, with respect to the month for which the report is
submitted, the following information:
‘‘(A) The number of eligibility renewals initiated, beneficiaries renewed on a total and ex parte basis, and individuals whose coverage for medical assistance, child health
assistance, or pregnancy-related assistance was terminated.
‘‘(B) The number of individuals whose coverage for
medical assistance, child health assistance, or pregnancyrelated 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
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Time periods.
Public
information.
PUBL328
136 STAT. 5952
Determination.
Reduction.
Assessment.
Compliance.
Determination.
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under this title or title XXI are integrated with the
systems used to determine eligibility for coverage
under a qualified health plan with advance payment
under section 1412(a) of the Patient Protection and
Affordable Care Act of any premium tax credit allowed
under section 36B of the Internal Revenue Code of
1986—
‘‘(I) the number of individuals who were determined eligible for a qualified health plan, as
defined in section 1301(a)(1) of the Patient Protection and Affordable Care Act, or (if applicable)
the basic health program established under section
1331 of such Act; and
‘‘(II) the number of individuals identified in
subclause (I) who made a qualified health plan
selection or were enrolled in a basic health program plan (if applicable).
‘‘(E) The total call center volume, average wait times,
and average abandonment rate (as determined by the Secretary) for each call center of the State agency responsible
for administering the State plan under this title (or a
waiver of such plan) during such month.
‘‘(F) Such other information related to eligibility
redeterminations and renewals during the period described
in paragraph (1), as identified by the Secretary.
‘‘(2) ENFORCEMENT AND CORRECTIVE ACTION.—
‘‘(A) IN GENERAL.—For each fiscal quarter that occurs
during the period that begins on July 1, 2023, and ends
on June 30, 2024, if a State does not satisfy the requirements of paragraph (1), the Federal medical assistance
percentage determined for the State for the quarter under
section 1905(b) shall be reduced by the number of percentage points (not to exceed 1 percentage point) equal to
the product of 0.25 percentage points and the number
of fiscal quarters during such period for which the State
has failed to satisfy such requirements.
‘‘(B)
CORRECTIVE
ACTION
PLAN;
ADDITIONAL
AUTHORITY.—
‘‘(i) IN GENERAL.—The Secretary may assess a
State’s compliance with all Federal requirements
applicable to eligibility redeterminations and the
reporting requirements described in paragraph (1),
and, if the Secretary determines that a State did not
comply with any such requirements during the period
that begins on April 1, 2023, and ends on June 30,
2024, the Secretary may require the State to submit
and implement a corrective action plan in accordance
with clause (ii).
‘‘(ii) CORRECTIVE ACTION PLAN.—A State that
receives a written notice from the Secretary that the
Secretary has determined that the State is not in
compliance with a requirement described in clause (i)
shall—
‘‘(I) not later than 14 days after receiving such
notice, submit a corrective action plan to the Secretary;
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PUBLIC LAW 117–328—DEC. 29, 2022
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.—If a State fails to submit
or implement an approved corrective action plan in
accordance with clause (ii), the Secretary may, in addition to any reduction applied under subparagraph (A)
to the Federal medical assistance percentage determined for the State and any other remedy available
to the Secretary for the purpose of carrying out this
title, require the State to suspend making all or some
terminations of eligibility for medical assistance from
the State plan under this title (including any waiver
of such plan) that are for procedural reasons until
the State takes appropriate corrective action, as determined by the Secretary, and may impose a civil money
penalty of not more than $100,000 for each day a
State is not in compliance.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
take effect on April 1, 2023.
Penalties.
Determination.
42 USC 1396a
note.
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
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SEC. 6101. JACKIE WALORSKI MATERNAL AND CHILD HOME VISITING
REAUTHORIZATION ACT OF 2022.
(a) SHORT TITLE.—This section may be cited as the ‘‘Jackie
Walorski Maternal and Child Home Visiting Reauthorization Act
of 2022’’.
(b) OUTCOMES DASHBOARD.—Section 511(d)(1) of the Social
Security Act (42 U.S.C. 711(d)(1)) is amended—
(1) in the paragraph heading, by striking ‘‘BENCHMARK
AREAS’’ and inserting ‘‘BENCHMARK AREAS RELATED TO INDIVIDUAL FAMILY OUTCOMES’’;
(2) in subparagraph (D)(i), by striking ‘‘(B)’’ and inserting
‘‘(C)’’; and
(3) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively, and inserting after
subparagraph (A) the following:
‘‘(B) OUTCOMES DASHBOARDS.—The Secretary shall,
directly or by grant or contract, establish and operate a
website accessible to the public that includes an annually
updated dashboard that—
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Jackie Walorski
Maternal and
Child Home
Visiting
Reauthorization
Act of 2022.
42 USC 1305
note.
Grants.
Contracts.
Website.
Public
information.
Time period.
Updates.
PUBL328
136 STAT. 5954
Template.
Reports.
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‘‘(i) provides easy-to-understand information on the
outcomes achieved by each eligible entity with respect
to each of the benchmarks described in subparagraph
(A) of this paragraph that apply to the eligible entity,
which shall be based on only the data elements or
types of data collected before the date of the enactment
of this section unless administering agencies and the
Secretary agree pursuant to subsection (h)(6) that additional data is required;
‘‘(ii) includes a template provided by the Secretary
that will enable comparison among eligible entities
not referred to in subsection (k)(2)(A) of—
‘‘(I) a profile of each eligible entity showing
outcome indicators and how the outcomes compare
to benchmarks described in subclause (II);
‘‘(II) information on the outcome indicators and
requisite outcome levels established for each
eligible entity;
‘‘(III) information on each model employed in
the program operated by each eligible entity, and
regarding each benchmark area described in subsection (d)(1)(A) in which the model used by the
eligible entity is expected to affect participant outcomes;
‘‘(IV) the most recently available information
from the report required by subparagraph (E) of
this paragraph;
‘‘(V) an electronic link to the State needs
assessment under subsection (b)(1); and
‘‘(VI) information regarding any penalty
imposed, or other corrective action taken, by the
Secretary against a State for failing to achieve
a requisite outcome level or any other requirement
imposed by or under this section, and an indication
as to whether the eligible entity is operating under
a corrective action plan under subparagraph (E)(ii)
of this paragraph, and if so, a link to the plan,
an explanation of the reason for the implementation of the plan, and a report on any progress
made in operating under the plan;
‘‘(iii) includes information relating to those eligible
entities for which funding is reserved under subsection
(k)(2)(A), with modifications as necessary to reflect
tribal sovereignty, data privacy, and participant confidentiality; and
‘‘(iv) protects data privacy and confidentiality of
participant families.’’.
(c) FUNDING.—
(1) GRANT AMOUNTS.—
(A) IN GENERAL.—Section 511(c)(4) of the Social Security Act (42 U.S.C. 711(c)(4)) is amended to read as follows:
‘‘(4) GRANT AMOUNTS.—
‘‘(A) BASE GRANTS.—
‘‘(i) IN GENERAL.—
‘‘(I) GENERAL RULE.—With respect to each of
fiscal years 2023 through 2027 for which an
eligible entity not referred to in subsection (k)(2)(A)
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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) 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
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PUBLIC LAW 117–328—DEC. 29, 2022
clause, the amount described by this clause with
respect to an eligible entity shall be not less than
$1,000,000.
‘‘(B) MATCHING GRANTS.—
‘‘(i) AMOUNT OF GRANT.—
‘‘(I) GENERAL RULE.—With respect to each of
fiscal years 2024 through 2027 for which an
eligible entity not referred to in subsection (k)(2)(A)
is awarded a grant under this section, the Secretary shall increase the amount of the grant payable to the eligible entity for the fiscal year under
subparagraph (A) of this paragraph by the
matching amount (if any) determined under subclause (II) of this clause with respect to the eligible
entity for the fiscal year and the additional
matching amount (if any) determined under clause
(iii) of this subparagraph with respect to the
eligible entity for the fiscal year.
‘‘(II) MATCHING AMOUNT.—
‘‘(aa) IN GENERAL.—Subject to item (bb)
of this subclause, the matching amount with
respect to an eligible entity for a fiscal year
is 75 percent of the sum of—
‘‘(AA) the total amount obligated by
the eligible entity for home visiting services in the State for the fiscal year, from
Federal funds made available for the fiscal
year under this subparagraph; and
‘‘(BB) the total amount so obligated
by the eligible entity from non-Federal
funds, determined under subclause (III).
‘‘(bb) LIMITATION.—The matching amount
with respect to an eligible entity for a fiscal
year shall not exceed the allotment under subclause (IV) for the State in which the eligible
entity is operating a program under this section for the fiscal year.
‘‘(III) DETERMINATION OF OBLIGATIONS FROM
NON-FEDERAL FUNDS.—For purposes of this clause,
the total amount obligated by an eligible entity
from non-Federal funds is the total of the amounts
that are obligated by the eligible entity from nonFederal 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
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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) the percentage of children in all
States who have not attained 5 years of age
and are members of families with income not
exceeding the poverty line (as determined by
the Secretary on the basis of the most recently
available data) that is represented by the
number of such children in the State (as so
determined).
‘‘(V) MINIMUM MATCHING GRANT ALLOCATION
AMOUNT.—Subject to subclause (VI), for purposes
of subclause (IV), the minimum matching grant
allocation amount for a fiscal year is—
‘‘(aa) in the case of fiscal year 2024,
$776,000;
‘‘(bb) in the case of fiscal year 2025,
$1,000,000;
‘‘(cc) in the case of fiscal year 2026,
$1,500,000; and
‘‘(dd) in the case of fiscal year 2027,
$2,000,000.
‘‘(VI) SPECIAL RULE.—If, after making any
reductions otherwise required by law for a fiscal
year, the amount made available for matching
grants under this clause for the fiscal year is
insufficient to provide the minimum matching
grant allocation amount to each eligible entity
operating a program under this section for the
fiscal year, the Secretary may make a proportionate adjustment to the minimum matching
grant allocation amount for the fiscal year to
accommodate the reductions.
‘‘(ii) SUBMISSION OF STATEMENT EXPRESSING
INTEREST IN ADDITIONAL MATCHING FUNDS IF AVAILABLE.—Before the beginning of a fiscal year for which
an eligible entity desires a matching grant under this
subparagraph for a program operated under this section, the eligible entity shall submit to the Secretary
a statement as to whether the eligible entity desires
additional matching grant funds that may be made
available under clause (iii) for the fiscal year.
‘‘(iii) CARRYOVER AND REALLOCATION OF UNOBLIGATED FUNDS.—
‘‘(I) IN GENERAL.—If the Secretary determines
that an amount allotted under clause (i)(IV) of
this subparagraph for a fiscal year will not be
awarded during the fiscal year, or that an amount
made available under subsection (k)(1) for a fiscal
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year for matching grants will not be obligated
by an eligible entity for the fiscal year, the amount
shall be available for matching grants under this
subparagraph for the succeeding fiscal year for
eligible entities that have made submissions under
clause (ii) of this subparagraph for additional
matching grant funds from the amount.
‘‘(II) STATE ALLOTMENTS.—The Secretary shall
allot to each eligible entity that has made such
a submission for a fiscal year—
‘‘(aa) the total amount (if any) made available under subclause (I) for the fiscal year;
multiplied by
‘‘(bb) the percentage of children who have
not attained 5 years of age and are members
of families with income not exceeding the poverty line (as determined by the Secretary on
the basis of the most recently available data)
in all of the States in which any eligible entity
that has made such a submission is so operating a program, that is represented by the
number of such children in the State (as so
determined) in which the eligible entity is
operating such a program.
‘‘(III) ADDITIONAL MATCHING AMOUNT.—
‘‘(aa) IN GENERAL.—Subject to item (bb)
of this subclause, the additional matching
amount with respect to an eligible entity for
a fiscal year is 75 percent of the sum of—
‘‘(AA) the total amount obligated by
the eligible entity for home visiting services in the State for the fiscal year, from
Federal funds made available for the fiscal
year under this subparagraph; and
‘‘(BB) the total amount so obligated
by the eligible entity from non-Federal
funds, determined under clause (i)(III),
that are not taken into account in determining
the matching amount with respect to the
eligible entity under clause (i).
‘‘(bb)
LIMITATION.—The
additional
matching amount with respect to an eligible
entity for a fiscal year shall not exceed the
allotment under subclause (II) for the State
in which the eligible entity is operating a program under this section for the fiscal year.’’.
(B) MAINTENANCE OF EFFORT.—Section 511(f) of such
Act (42 U.S.C. 711) is amended to read as follows:
‘‘(f) MAINTENANCE OF EFFORT.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this section, the Secretary may not make a grant to an eligible
entity under this section for a fiscal year if the total amount
of non-Federal funds obligated by the eligible entity in the
State in the fiscal year for a program operated pursuant to
this section is less than the total amount of non-Federal funds
reported to have been expended by any eligible entity for such
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136 STAT. 5959
a program in the State in fiscal year 2019 or 2021, whichever
is the lesser.
‘‘(2) PUBLICATION OF AMOUNTS.—Not later than June 30,
2023, the Secretary shall cause to have published in the Federal
Register the amount of non-Federal funds expended as
described in this section that has been reported by each eligible
entity not referred to in subsection (k)(2)(A) for each of fiscal
years 2019 and 2021.
‘‘(3) GRACE PERIOD.—The Secretary may, in exceptional
circumstances, allow an eligible entity a period to come into
compliance with this subsection. The Secretary shall provide
technical assistance to any eligible entity to assist the entity
in doing so.’’.
(2) RESERVATIONS OF FUNDS FOR CERTAIN PURPOSES.—Section 511(j)(2) of such Act (42 U.S.C. 711(j)(2)) is amended—
(A) in the matter preceding subparagraph (A), by
striking ‘‘the amount’’ and inserting ‘‘each amount made
available for base grants and each amount made available
for matching grants’’;
(B) in subparagraph (A)—
(i) by striking ‘‘3’’ and inserting ‘‘6’’;
(ii) by inserting ‘‘and administering’’ before
‘‘grants’’; and
(iii) by striking ‘‘and’’ at the end; and
(C) by striking subparagraph (B) and inserting the
following:
‘‘(B) 2 percent of such amount for purposes of providing
technical assistance, directly or through grants or contracts—
‘‘(i) for purposes as otherwise described in subsections (c)(5), (d)(1)(C)(iii), (d)(1)(E)(iii), and (d)(4)(E);
and
‘‘(ii) to entities referred to in subparagraph (A)
of this paragraph;
‘‘(C) 2 percent of such amount for purposes of the
provision of workforce support, retention, and case management, including workforce-related technical assistance, to
eligible entities, research and evaluation, and program
administration, directly or through grants or contracts, of
which the Secretary shall use not more than $1,500,000
to establish and operate the Jackie Walorski Center for
Evidence-Based Case Management; and
‘‘(D) 3 percent of such amount for purposes of research
and evaluation (directly or through grants or contracts),
and for administering this section (directly, through contracts, or otherwise).’’.
(3) APPROPRIATIONS.—
(A) IN GENERAL.—Section 511(j)(1) of the Social Security Act (42 U.S.C. 711(j)(1)) is amended by striking subparagraphs (A) through (H) and inserting the following:
‘‘(A) for fiscal year 2023, $500,000,000 for base grants;
‘‘(B) for fiscal year 2024, $550,000,000, of which
$500,000,000 shall be for base grants and $50,000,000 shall
be for matching grants;
‘‘(C) for fiscal year 2025, $600,000,000, of which
$500,000,000 shall be for base grants and $100,000,000
shall be for matching grants;
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‘‘(D) for fiscal year 2026, $650,000,000, of which
$500,000,000 shall be for base grants and $150,000,000
shall be for matching grants; and
‘‘(E) for fiscal year 2027, $800,000,000, of which
$500,000,000 shall be for base grants and $300,000,000
shall be for matching grants.’’.
(B) SPECIAL RULE.—Obligations and expenditures made
pursuant to section 201 of division D of the Continuing
Appropriations and Ukraine Supplemental Appropriations
Act, 2023 (Public Law 117–180) and section 201 of division
C of the Further Continuing Appropriations and Extensions
Act, 2023 shall be charged to the appropriation made by
section 511(j)(1)(A) of the Social Security Act for fiscal
year 2023 (as added by subparagraph (A) of this paragraph).
(C) REPEAL.—Section 201 of title II of division D of
Public Law 117–180 and section 201 of division C of the
Further Continuing Appropriations and Extensions Act,
2023 are hereby repealed.
(4) DISPOSITION OF EXCESS FUNDS RESERVED FOR RESEARCH,
EVALUATION, AND ADMINISTRATION.—Section 511(j) of the Social
Security Act (42 U.S.C. 711(j)) is amended by adding at the
end the following:
‘‘(5) DISPOSITION OF EXCESS FUNDS RESERVED FOR
RESEARCH, EVALUATION, AND ADMINISTRATION.—To the extent
that the amounts reserved under paragraph (2)(D) for a fiscal
year are not obligated in the fiscal year, the Secretary may
use the funds for any purpose described in this section or
to offset any reduction with respect to this section that is
required by Federal law.’’.
(d) REQUIREMENT THAT HOME VISITING PROGRAMS BE TARGETED AND INTENSIVE.—Section 511(d)(3) of the Social Security
Act (42 U.S.C. 711(d)(3)) is amended by redesignating subparagraph
(B) as subparagraph (C) and inserting after subparagraph (A) the
following:
‘‘(B) USE OF GRANT TO PROVIDE OR SUPPORT TARGETED,
INTENSIVE HOME VISITING SERVICES.—The program uses the
grant to provide or support targeted, intensive home visiting services for the populations described in paragraph
(5).’’.
(e) LIMITATION ON USE OF FUNDS FOR ADMINISTRATION.—
(1) IN GENERAL.—Section 511(d) of the Social Security Act
(42 U.S.C. 711(d)) is amended by adding at the end the following:
‘‘(5) LIMITATION ON USE OF FUNDS FOR ADMINISTRATIVE
COSTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) of this paragraph, an eligible entity to which funds
are provided under subsection (c) or (h)(2)(B) shall not
use more than 10 percent of the funds to cover the costs
of administration.
‘‘(B) AUTHORITY TO GRANT EXCEPTIONS.—
‘‘(i) IN GENERAL.—The Secretary may authorize an
eligible entity that meets a condition of clause (ii)
of this subparagraph to exceed the percentage limitation in subparagraph (A) with respect to a program
conducted under this subsection by not more than 5
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PUBLIC LAW 117–328—DEC. 29, 2022
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 subrecipient;
‘‘(II) in the fiscal year for which the grant
for the program is made under this section, proposes to expand services in 1 or more communities
identified in the statewide needs assessment under
subsection (b) and in which home visiting services
are not provided; or
‘‘(III) has conducted the program for fewer
than 3 years.’’.
(2) CONFORMING AMENDMENTS.—Section 511(i)(2) of such
Act (42 U.S.C. 711(i)(2)) is amended by striking subparagraph
(C) and redesignating subparagraphs (D) through (G) as subparagraphs (C) through (F), respectively.
(f) ANNUAL REPORT TO CONGRESS.—
(1) IN GENERAL.—Section 511 of the Social Security Act
(42 U.S.C. 711) is amended by redesignating subsections (j)
and (k) as subsections (k) and (l), respectively, and inserting
after subsection (i) the following:
‘‘(j) ANNUAL REPORT TO CONGRESS.—By December 31, 2023,
and annually thereafter, the Secretary shall submit to the Congress
a written report on the grants made under this section for the
then preceding fiscal year, which shall include—
‘‘(1) an eligible entity-by-eligible entity summary of the
outcomes measured by the entity with respect to each benchmark described in subsection (e)(5) that apply to the entity;
‘‘(2) information regarding any technical assistance funded
under subparagraph (B) or (C) of subsection (k)(2), including
the type of any such assistance provided;
‘‘(3) information on the demographic makeup of families
served by each such entity to the extent possible while
respecting participant confidentiality, including race, ethnicity,
educational attainment at enrollment, household income, and
other demographic markers as determined by the Secretary;
‘‘(4) the information described in subsection (d)(1)(E);
‘‘(5) the estimated share of the eligible population served
using grants made under this section;
‘‘(6) a description of each service delivery model funded
under this section by the eligible entities in each State, and
the share (if any) of the grants expended on each model;
‘‘(7) a description of non-Federal expenditures by eligible
entities to qualify for matching funds under subsection (c)(4);
‘‘(8) information on the uses of funds reserved under subsection (k)(2)(C);
‘‘(9) information relating to those eligible entities for which
funding is reserved under subsection (k)(2)(A), with modifications as necessary to reflect tribal data sovereignty, data privacy, and participant confidentiality; and
‘‘(10) a list of data elements collected from eligible entities,
and the purpose of each data element in measuring performance
or enforcing requirements under this section.’’.
(2) CONFORMING AMENDMENTS.—
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(A) Section 511 of such Act (42 U.S.C. 711) is
amended—
(i) in subsection (b)(1)(B)(iii), by striking ‘‘(k)(2)’’
and inserting ‘‘(l)(2)’’; and
(ii) in subsection (h)(2)(B)—
(I) by striking ‘‘(j)’’ and inserting ‘‘(k)’’; and
(II) by striking ‘‘(k)(1)(B)’’ and inserting
‘‘(l)(1)(B)’’.
(B) Section 511A(c) of such Act (42 U.S.C. 711a(c))
is amended in each of paragraphs (5) and (7) by striking
‘‘511(k)(2)’’ and inserting ‘‘511(l)(2)’’.
(g) REDUCTION OF ADMINISTRATIVE BURDEN.—Section 511(h)
of the Social Security Act (42 U.S.C. 711(h)) is amended by adding
at the end the following:
‘‘(6) REDUCTION OF ADMINISTRATIVE BURDEN.—
‘‘(A) IN GENERAL.—The Secretary shall reduce the burden, on States and public and private implementing agencies at the local level, of administering this section, by—
‘‘(i) reviewing and revising administrative data
collection instruments and forms to eliminate duplication and streamline reporting requirements for States,
eligible entities referred to in subsection (k)(2)(A), and
nonprofit organizations referred to in subsection
(l)(1)(B), including timelines for submitting reports;
‘‘(ii) conducting an analysis of the total number
of hours reported by administering agencies on complying with paperwork requirements, and exploring,
in consultation with administering agencies, ways to
reduce the number of hours spent by at least 15 percent;
‘‘(iii) conducting a review of paperwork and data
collection requirements for tribal grantees, and
exploring, in consultation with tribes and tribal
organizations, ways to reduce administrative burden,
respect sovereignty, and acknowledge the different
focus points for tribal grantees;
‘‘(iv) collecting input from relevant State fiscal officials to align fiscal requirements and oversight for
States and eligible entities to ensure consistency with
standards and guidelines for other Federal formula
grant programs; and
‘‘(v) consulting with administering agencies and
service delivery model representatives on needed and
unneeded data elements regarding the dashboards provided for in subsection (d)(1)(B), consistent with the
data requirements of such subsection.
‘‘(B) FINDINGS ON PAPERWORK REDUCTION.—
‘‘(i) INCLUSION IN REPORT.—In the 1st report submitted pursuant to subsection (j) more than 18 months
after the date of the enactment of this Act, the Secretary shall include the findings of the Secretary with
respect to the matters described in subparagraph (A).
‘‘(ii) IMPLEMENTATION.—Within 2 years after complying with clause (i), the Secretary shall implement
the findings referred to in clause (i).’’.
(h) VIRTUAL HOME VISITING AUTHORIZATION AND RESTRICTIONS.—
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
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‘‘(D) VIRTUAL HOME VISIT DEFINED.—In this section,
the term ‘virtual home visit’ means a visit conducted solely
by use of electronic information and telecommunications
technologies.
‘‘(E) TECHNICAL ASSISTANCE.—If the Secretary finds
that an eligible entity has not complied with the assurance
described in subsection (e)(10)(C), the Secretary shall,
directly or through grants, contracts, or cooperative agreements, provide the eligible entity with such technical assistance as is necessary to assist the eligible entity in doing
so.’’.
(C) PROGRAM REQUIREMENT.—Section 511(d)(3)(C) of
such Act (42 U.S.C. 711(d)(3)(C)), as so redesignated by
subsection (d) of this section, is amended by adding at
the end the following:
‘‘(vii) If the application submitted by the eligible
entity includes the assurance described in subsection
(e)(10)(C) with respect to the program, the program
provides in-person service consistent with the assurances.’’.
(D) REPORTS.—Section 511(e)(8)(A) of such Act (42
U.S.C. 711(e)(8)(A)) is amended by inserting ‘‘, including
the number of virtual home visits conducted under the
program in the year covered by the report, disaggregated
with respect to each home visiting model under which
the virtual home visits are conducted’’ before the semicolon.
(2) TRANSITION RULE.—
(A) IN GENERAL.—A virtual home visit conducted before
the effective date of the amendments made by this subsection under an early childhood home visitation program
funded under section 511 of the Social Security Act shall
be considered a home visit for purposes of such section.
(B) VIRTUAL HOME VISIT DEFINED.—In subparagraph
(A), the term ‘‘virtual home visit’’ means a visit conducted
solely by use of electronic information and telecommunications technologies.
(i) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on October 1, 2022.
(2) VIRTUAL HOME VISITING PROVISIONS.—The amendments
made by subsection (h) shall take effect on October 1, 2023.
Grants.
Contracts.
42 USC 711 note.
42 USC 711 note.
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.
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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)).
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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:
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‘‘SEC. 3352. SUPPLEMENTAL FUND.
‘‘(a) IN GENERAL.—There is established a fund to be known
as the World Trade Center Health Program Supplemental Fund
(referred to in this section as the ‘Supplemental Fund’), consisting
of amounts deposited into the Fund under subsection (b).
‘‘(b) AMOUNT.—Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2023
$1,000,000,000, for deposit into the Supplemental Fund, which
amounts shall remain available through fiscal year 2032.
‘‘(c) USES OF FUNDS.—Amounts deposited into the Supplemental
Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at
the discretion of such Administrator, for carrying out any provision
in this title, including sections 3303 and 3341(c).
‘‘(d) RETURN OF FUNDS.—Any amounts that remain in the
Supplemental Fund on September 30, 2032, shall be deposited
into the Treasury as miscellaneous receipts.’’.
(b) CONFORMING AMENDMENTS.—Title XXXIII of the Public
Health Service Act (42 U.S.C. 300mm et seq.) is amended—
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm–
21(a)(4)(B)(i)(II)), by striking ‘‘section 3351’’ and inserting ‘‘sections 3351 and 3352’’;
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm–
31(a)(3)(B)(i)(II)), by striking ‘‘section 3351’’ and inserting ‘‘sections 3351 and 3352’’;
(3) in section 3331 (42 U.S.C. 300mm–41)—
(A) in subsection (a), by inserting ‘‘and the World Trade
Center Health Program Supplemental Fund’’ before the
period at the end; and
(B) in subsection (d)—
(i) in paragraph (1)(B), by inserting ‘‘(excluding
any expenditures from amounts in the World Trade
Center Health Program Supplemental Fund under section 3352)’’ before the period at the end; and
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300mm–62.
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PUBLIC LAW 117–328—DEC. 29, 2022
(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. 300u11(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.’’.
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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.
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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—MERGER FILING FEE
MODERNIZATION
SEC. 101. SHORT TITLE.
Merger
Filing Fee
Modernization
Act of 2022.
15 USC 1 note.
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
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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)—
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(i) by striking ‘‘$280,000’’ and inserting ‘‘$250,000’’;
and
Time periods.
Effective date.
Determination.
Deadline.
Publication.
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Time periods.
(ii) by striking the period at the end and inserting
‘‘but is less than $1,000,000,000 (as so adjusted and
published);’’; and
(D) by adding at the end the following:
‘‘(4) $400,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $1,000,000,000 (as so adjusted and published)
but is less than $2,000,000,000 (as so adjusted and published);
‘‘(5) $800,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $2,000,000,000 (as so adjusted and published)
but is less than $5,000,000,000 (as so adjusted and published);
and
‘‘(6) $2,250,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $5,000,000,000 (as so adjusted and published).’’;
and
(2) by adding at the end the following:
‘‘(c)(1) For each fiscal year commencing after September 30,
2023, the filing fees in this section shall be increased by an amount
equal to the percentage increase, if any, in the Consumer Price
Index, as determined by the Department of Labor or its successor,
for the year then ended over the level so established for the year
ending September 30, 2022.
‘‘(2) As soon as practicable, but not later than January 31
of each year, the Federal Trade Commission shall publish the
adjusted amounts required by paragraph (1).
‘‘(3) The Federal Trade Commission shall not adjust amounts
required by paragraph (1) if the percentage increase described in
paragraph (1) is less than 1 percent.
‘‘(4) An amount adjusted under this section shall be rounded
to the nearest multiple of $5,000.’’.
SEC. 102. REPORTING REQUIREMENTS FOR MERGER FEE COLLECTIONS.
(a) FTC AND DOJ JOINT REPORT.—For each of fiscal years
2023 through 2027, the Federal Trade Commission and Department
of Justice shall jointly and annually report to the Congress on
the operation of section 7A of the Clayton Act (15 U.S.C. 18a)
and shall include in such report the following:
(1) The amount of funds made available to the Federal
Trade Commission and the Department of Justice, respectively,
from the premerger notification filing fees under this section,
as adjusted by the Merger Filing Fee Modernization Act of
2022, as compared to the funds made available to the Federal
Trade Commission and the Department of Justice, respectively,
from premerger notification filing fees as the fees were determined in fiscal year 2022.
(2) The total revenue derived from premerger notification
filing fees, by tier, by the Federal Trade Commission and the
Department of Justice, respectively.
(3) The gross cost of operations of the Federal Trade
Commission, by Budget Activity, and the Antitrust Division
of the Department of Justice, respectively.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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.
List.
TITLE II—DISCLOSURE OF SUBSIDIES
BY FOREIGN ADVERSARIES
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SEC. 201. FINDINGS AND PURPOSE.
15 USC 18b note.
(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
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136 STAT. 5970
Requirements.
15 USC 18b.
PUBLIC LAW 117–328—DEC. 29, 2022
of other nations is when we scrutinize mergers or conduct
involving state-owned entities . . . companies that are controlled, to varying degrees, by the state . . . [and] often are
a government tool for implementing industrial policies or to
protect national security’’.
(b) PURPOSE.—The purpose of this section is to require parties
providing pre-merger notifications to include in the notification
required under section 7A of the Clayton Act (15 U.S.C. 18a)
information concerning subsidies they receive from countries or
entities that are strategic or economic threats to the United States.
SEC. 202. MERGERS INVOLVING FOREIGN GOVERNMENT SUBSIDIES.
Notification.
Requirements.
(a) DEFINITION.—In this section, the term ‘‘foreign entity of
concern’’ has the meaning given the term in section 40207 of the
Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)).
(b) ACCOUNTING FOR FOREIGN GOVERNMENT SUBSIDIES.—A person required to file a notification under section 7A of the Clayton
Act (15 U.S.C. 18a) that received a subsidy from a foreign entity
of concern shall include in such notification content regarding such
subsidy.
(c) AUTHORITY OF ANTITRUST REGULATORS.—The Federal Trade
Commission, with the concurrence of the Assistant Attorney General
in charge of the Antitrust Division of the Department of Justice,
and in consultation with the Chairperson of the Committee on
Foreign Investment in the United States, the Secretary of Commerce, the Chair of the United States International Trade Commission, the United States Trade Representative, and the heads of
other appropriate agencies, and by rule in accordance with section
553 of title 5, United States Code, shall require that the notification
required under subsection (b) be in such form and contain such
documentary material and information relevant to a proposed
acquisition as is necessary and appropriate to enable the Federal
Trade Commission and the Assistant Attorney General in charge
of the Antitrust Division of the Department of Justice to determine
whether such acquisition may, if consummated, violate the antitrust
laws.
(d) EFFECTIVE DATE.—Subsection (b) shall take effect on the
date on which the rule described in subsection (c) takes effect.
TITLE III—VENUE FOR STATE
ANTITRUST ENFORCEMENT
SEC. 301. VENUE FOR STATE ANTITRUST ENFORCEMENT.
Section 1407 of title 28, United States Code, is amended—
(1) in subsection (g) by inserting ‘‘or a State’’ after ‘‘United
States’’ and striking ‘‘; but shall not include section 4A of
the Act of October 15, 1914, as added July 7, 1955 (69 Stat.
282; 15 U.S.C. 15a)’’; and
(2) by striking subsection (h).
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DIVISION HH—AGRICULTURE
7 USC 2016a
note.
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SEC. 101. DEFINITION.
In this division, the term ‘‘Secretary’’ means the Secretary
of Agriculture.
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136 STAT. 5971
TITLE I—CONSERVATION
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SEC. 201. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND
THIRD-PARTY VERIFIER PROGRAM.
7 USC 6712.
(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
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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) 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
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such purposes, the Secretary shall establish a voluntary program, to be known as the ‘‘Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program’’, to register
covered entities that carry out activities described in subsection
(c).
(3) REPORT.—Not later than 90 days after making the
determination under paragraph (1), the Secretary shall publish
a report describing the reasons for such determination,
including how establishing a program under this subsection
would or would not further each of the purposes described
in paragraph (1)(A).
(c) PROTOCOLS, QUALIFICATIONS, AND ACTIVITIES.—
(1) WIDELY ACCEPTED PROTOCOLS AND QUALIFICATIONS.—
After providing public notice and at least a 60-day period for
public comment, but not later than 90 days after the date
on which the Program is established, the Secretary shall publish—
(A) a list of, and documents relating to, widely accepted
protocols that are designed to ensure consistency, reliability, effectiveness, efficiency, and transparency of voluntary environmental credit markets, including protocol
documents and details relating to—
(i) calculations;
(ii) sampling methodologies;
(iii) voluntary environmental credit accounting
principles;
(iv) systems for verification, monitoring, measurement, and reporting; and
(v) methods to account for additionality, permanence, leakage, and, where appropriate, avoidance of
double counting; and
(B) descriptions of widely accepted qualifications possessed by covered entities that provide technical assistance
to farmers, ranchers, and private forest landowners.
(2) ACTIVITIES.—A covered entity may register under the
Program with respect to technical assistance or process
verification the covered entity carries out for activities that
prevent, reduce, or mitigate greenhouse gas emissions,
including—
(A) land or soil carbon sequestration;
(B) emissions reductions derived from fuel choice or
reduced fuel use;
(C) livestock emissions reductions, including emissions
reductions achieved through—
(i) feeds, feed additives, and the use of byproducts
as feed sources; or
(ii) manure management practices;
(D) on-farm energy generation;
(E) energy feedstock production;
(F) fertilizer or nutrient use emissions reductions;
(G) reforestation;
(H) forest management, including improving harvesting practices and thinning diseased trees;
(I) prevention of the conversion of forests, grasslands,
and wetlands;
(J) restoration of wetlands or grasslands;
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(K) grassland management, including prescribed
grazing;
(L) current practices associated with private land conservation programs administered by the Secretary; and
(M) such other activities, or combinations of activities,
that the Secretary, in consultation with the Advisory
Council, determines to be appropriate.
(3) INCLUSIONS.—In publishing the list of widely accepted
protocols and the descriptions of widely accepted qualifications
under paragraph (1), the Secretary, in consultation with the
Advisory Council, shall include all relevant information relating
to market-based protocols, as appropriate, with regard to—
(A) quantification;
(B) verification;
(C) additionality;
(D) permanence;
(E) reporting; and
(F) other expertise, as determined by the Secretary.
(4) PERIODIC REVIEW.—As appropriate, the Secretary shall
periodically review and revise the list and descriptions published under paragraph (1) to include any additional protocols
or qualifications described in paragraph (3).
(d) REGISTRATION, WEBSITE, AND PUBLICATION OF LISTS.—
(1) REGISTRATION LIST.—
(A) IN GENERAL.—Not later than 1 year after establishing the Program, the Secretary shall publish, through
a website maintained by the Secretary, a registration list
consisting of a list of covered entities that have submitted
information to the Secretary, which list the Secretary shall
regularly update.
(B) REGISTRATION.—A covered entity may register
under the Program to be included on the registration list
by submitting to the Secretary, through a website maintained by the Secretary, information that—
(i) shall include—
(I) the region in which the covered entity provides its services;
(II) whether the covered entity is a technical
assistance provider or a verifier; and
(III) the protocols in which the covered entity
has proficiency; and
(ii) may include additional information that—
(I) has been identified by the Advisory Council
in its initial assessment under subsection (g)(1)
to ensure certainty for producers in the marketplace for agriculture or forestry credits; and
(II) the Secretary determines is appropriate
for inclusion.
(2) WEBSITE AND SOLICITATION.—During the 180-day period
beginning on the date on which the Program is established,
the Secretary shall publish, through an existing website maintained by the Secretary—
(A) information describing how covered entities may
register under the Program in accordance with paragraph
(1);
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136 STAT. 5975
(B) a list of the widely accepted protocols and qualifications published by the Secretary under subsection (c)(1);
and
(C) instructions and suggestions to assist farmers,
ranchers, and private forest landowners in facilitating the
development of agriculture or forestry credits and accessing
voluntary environmental credit markets, including—
(i) through working with covered entities registered under the Program; and
(ii) by providing information relating to programs,
registries, and protocols of programs and registries
that provide market-based participation opportunities
for working and conservation agricultural and forestry
lands.
(3) PROGRAMMATIC INTEGRITY.—The Secretary shall ensure,
to the maximum extent practicable, that covered entities registered under the Program—
(A) act in good faith to provide realistic estimates
of costs and revenues relating to activities and verification
of processes described in subsection (c)(2), as applicable
to the covered entity; and
(B) demonstrate expertise in, and are able to perform
in accordance with, best management practices for agricultural and forestry activities that prevent, reduce, or mitigate greenhouse gas emissions (including through the
sequestration of carbon).
(4) REMOVAL FROM REGISTRATION LIST.—
(A) IN GENERAL.—
(i) REMOVAL.—The Secretary shall remove a covered entity from the registration list under the Program if the Secretary determines that the covered
entity has not acted in accordance with—
(I) the information provided by the entity
under paragraph (1)(B); or
(II) best management practices for agricultural
and forestry activities that prevent, reduce, or mitigate greenhouse gas emissions (including through
the sequestration of carbon).
(ii) DETERMINATION.—The Secretary may make a
determination under clause (i)—
(I) based on a periodic review of a representative sample of covered entities, which shall occur
not less frequently than once each year; or
(II) as necessary.
(B) APPEAL OF REMOVAL.—
(i) IN GENERAL.—A covered entity that has been
removed from the registration list pursuant to subparagraph (A) may appeal the determination to the Secretary.
(ii) RE-REGISTRATION.—A covered entity that
appeals a determination under clause (i) may re-register under the Program if the covered entity successfully proves, as determined by the Secretary, that the
covered entity has acted in accordance with, as
applicable—
(I) the information provided by the entity
under paragraph (1)(B); and
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(II) best management practices for agricultural
and forestry activities that prevent, reduce, or mitigate greenhouse gas emissions (including through
the sequestration of carbon).
(C) NOTIFICATION.—If the Secretary removes a covered
entity from the registration list pursuant to subparagraph
(A), to the extent practicable, the Secretary shall—
(i) request from that covered entity contact
information for all farmers, ranchers, and private forest
landowners to which the covered entity provided technical assistance or the verification of the processes
described in protocols of voluntary environmental
credit markets; and
(ii) notify those farmers, ranchers, and private
forest landowners of the removal.
(5) SAVINGS CLAUSE.—Nothing in this section authorizes
the Secretary to compel a farmer, rancher, or private forest
landowner to participate in a transaction or project facilitated
by a covered entity certified under paragraph (1).
(e) SUBMISSION OF FRAUDULENT INFORMATION OR CLAIMS.—
(1) IN GENERAL.—A person or entity, regardless of whether
the person or entity is registered under the Program, shall
not make a fraudulent submission under subsection (d) or make
a fraudulent claim regarding the presence of that person or
entity on the registration list published under such subsection.
(2) PENALTY.—Any person or entity that violates paragraph
(1) shall be—
(A) subject to a civil penalty equal to such amount
as the Secretary determines to be appropriate, not to exceed
$1,000 per violation; and
(B) ineligible to register under the Program for the
5-year period beginning on the date of the violation.
(f) GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND
THIRD-PARTY VERIFIER PROGRAM ADVISORY COUNCIL.—
(1) IN GENERAL.—During the 90-day period beginning on
the date on which the Program is established, the Secretary
shall establish an advisory council, to be known as the ‘‘Greenhouse Gas Technical Assistance Provider and Third-Party
Verifier Program Advisory Council’’.
(2) MEMBERSHIP.—
(A) IN GENERAL.—The Advisory Council shall be composed of members appointed by the Secretary in accordance
with this paragraph.
(B) GENERAL REPRESENTATION.—The Advisory Council
shall—
(i) be broadly representative of the agriculture and
private forest sectors;
(ii) include beginning, socially disadvantaged, limited resource, and veteran farmers, ranchers, and private forest landowners; and
(iii) be composed of not less than 51 percent
farmers, ranchers, or private forest landowners.
(C) MEMBERS.—Members appointed under subparagraph (A) shall include—
(i) not more than 2 representatives of the Department of Agriculture, as determined by the Secretary;
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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) 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.—
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(A) FREQUENCY.—The Advisory Council shall meet not
less frequently than annually, at the call of the Chair.
(B) INITIAL MEETING.—During the 90-day period beginning on the date on which the members are appointed
under paragraph (2)(A), the Advisory Council shall hold
an initial meeting.
(4) GENERAL DUTIES.—The Advisory Council shall—
(A) periodically review and recommend any appropriate
changes to—
(i) the list of protocols and description of qualifications published by the Secretary under subsection
(c)(1); and
(ii) the activities described in subsection (c)(1)(B);
(B) make recommendations to the Secretary regarding
the best practices that should be included in the protocols,
description of qualifications, and activities described in
subparagraph (A); and
(C) advise the Secretary regarding—
(i) the current methods used by voluntary environmental credit markets to quantify and verify the
prevention, reduction, or mitigation of greenhouse gas
emissions (including the sequestration of carbon);
(ii) means to reduce barriers to entry in the business of providing technical assistance or the
verification of the processes described in protocols of
voluntary environmental credit markets for covered
entities, including by improving technical assistance
provided by the Secretary;
(iii) means to reduce compliance and verification
costs for farmers, ranchers, and private forest landowners in entering voluntary environmental credit
markets, including through mechanisms and processes
to aggregate the value of activities across land ownership;
(iv) issues relating to land and asset ownership
in light of evolving voluntary environmental credit
markets; and
(v) additional means to reduce barriers to entry
in voluntary environmental credit markets for farmers,
ranchers, and private forest landowners, particularly
for beginning, socially disadvantaged, limited resource,
and veteran farmers, ranchers, and private forest landowners.
(5) COMPENSATION.—The members of the Advisory Council
shall serve without compensation.
(6) CONFLICT OF INTEREST.—The Secretary shall prohibit
any member of the Advisory Council from—
(A) engaging in any determinations or activities of
the Advisory Council that may result in the favoring of,
or a direct and predictable effect on—
(i) the member or a family member, as determined
by the Secretary;
(ii) stock owned by the member or a family
member, as determined by the Secretary; or
(iii) the employer of, or a business owned in whole
or in part by, the member or a family member, as
determined by the Secretary; or
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(B) providing advice or recommendations regarding,
or otherwise participating in, matters of the Advisory
Council that—
(i) constitute a conflict of interest under section
208 of title 18, United States Code; or
(ii) may call into question the integrity of the
Advisory Council, the Program, or the technical assistance or verification activities described under subsection (c)(2).
(7) FACA APPLICABILITY.—The Advisory Council shall be
subject to the Federal Advisory Committee Act (5 U.S.C. App.),
except that section 14(a)(2) of that Act shall not apply.
(g) ASSESSMENT.—
(1) INITIAL ASSESSMENT.—Not later than 90 days after the
Advisory Council holds an initial meeting, the Advisory Council
shall submit to the Secretary, the Committee on Agriculture
of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate an initial assessment that examines ways to ensure certainty for farmers,
ranchers, or private forest landowners in the marketplace for
agriculture or forestry credits, including identification of any
information that may be appropriate for entities to provide
when registering under subsection (d)(1)(B).
(2) GENERAL ASSESSMENT.—Not later than 240 days after
the date of enactment of this Act, the Secretary, in consultation
with the Administrator of the Environmental Protection
Agency, shall—
(A) conduct an assessment, which incorporates
information from existing publications and reports of the
Department of Agriculture and other entities with relevant
expertise, regarding—
(i) the number and categories of non-Federal actors
in the nonprofit and for-profit sectors involved in
development, generation, or sale of agriculture or forestry credits in voluntary environmental credit markets;
(ii) the estimated overall domestic market demand
for agriculture or forestry credits at the end of the
preceding 4-calendar year period, and historically, in
voluntary environmental credit markets;
(iii) the total number of agriculture or forestry
credits (measured in metric tons of carbon dioxide
equivalent) that were estimated to be in development,
generated, or sold in market transactions during the
preceding 4-calendar year period, and historically, in
voluntary environmental credit markets;
(iv) the estimated supply and demand of metric
tons of carbon dioxide equivalent of offsets in the global
marketplace for the next 4 years;
(v) the barriers to entry due to compliance and
verification costs described in subsection (f)(4)(C)(iii);
(vi) the state of monitoring and measurement technologies needed to quantify long-term carbon sequestration in soils and from other activities to prevent,
reduce, or mitigate greenhouse gas emissions in the
agriculture and forestry sectors;
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(vii) means to reduce barriers to entry into voluntary environmental credit markets for beginning,
socially disadvantaged, limited resource, and veteran
farmers, ranchers, and private forest landowners, and
the extent to which existing protocols of voluntary
environmental credit markets allow for aggregation
of projects among farmers, ranchers, and private forest
landowners;
(viii) the extent to which the existing regimes for
generating and selling agriculture or forestry credits
(as the regimes exist at the end of the preceding 4calendar year period, and historically), and existing
voluntary environmental credit markets, may be
impeded or constricted, or achieve greater scale and
reach, if the Department of Agriculture were involved,
including involvement in education described in clause
(ix);
(ix) the extent to which Department of Agriculture
education of stakeholders about voluntary environmental credit markets would benefit those stakeholders, including whether that education would reduce
barriers to entry identified under clause (v);
(x) the extent to which existing protocols of voluntary environmental credit markets, including
verification, additionality, permanence, and reporting,
adequately take into consideration and account for factors encountered by the agriculture and private forest
sectors in preventing, reducing, or mitigating greenhouse gas emissions (including by sequestering carbon)
through agriculture and forestry practices, considering
variances across regions, topography, soil types, crop
or species varieties, and business models;
(xi) the extent to which existing protocols of voluntary environmental credit markets consider options
to ensure the continued valuation, through discounting
or other means, of agriculture and forestry credits in
the case of the practices underlying those credits being
disrupted due to unavoidable events, including production challenges and natural disasters; and
(xii) opportunities for other voluntary markets outside of voluntary environmental credit markets to
foster the trading, buying, or selling of credits that
are derived from activities that provide other ecosystem
service benefits, including activities that improve water
quality, water quantity, wildlife habitat enhancement,
and other ecosystem services, as the Secretary determines appropriate;
(B) publish the assessment; and
(C) submit the assessment to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives.
(3) QUADRIENNIAL ASSESSMENT.—The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Advisory Council, shall conduct the assessment described in paragraph (2)(A) and publish and submit
such assessment in accordance with subparagraphs (B) and
(C) of paragraph (2) every 4 years after the publication and
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submission of the first assessment under subparagraphs (B)
and (C) of paragraph (2).
(h) CONFIDENTIALITY.—
(1) PROHIBITION.—
(A) IN GENERAL.—Except as provided in paragraph (2),
the Secretary, any other officer or employee of the Department of Agriculture or any agency of the Department of
Agriculture, or any other person may not disclose to the
public the information held by the Secretary described
in subparagraph (B).
(B) INFORMATION.—
(i) IN GENERAL.—Except as provided in clause (ii),
the information prohibited from disclosure under
subparagraph (A) is—
(I)
personally
identifiable
information,
including in a contract or service agreement, of
a farmer, rancher, or private forest landowner,
obtained by the Secretary under subsection
(d)(4)(C)(i); and
(II) confidential business information in a contract or service agreement of a farmer, rancher,
or private forest landowner obtained by the Secretary under subsection (d)(4)(C)(i).
(ii) AGGREGATED RELEASE.—Information described
in clause (i) may be released to the public if the
information has been transformed into a statistical
or aggregate form that does not allow the identification
of the person who supplied or is the subject of the
particular information.
(2) EXCEPTION.—Paragraph (1) shall not prohibit the disclosure by an officer or employee of the Federal Government
of information described in paragraph (1)(B) as otherwise
directed by the Secretary or the Attorney General for enforcement purposes.
(i) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to the
amount made available under paragraph (2), there is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2023 through 2027.
(2) DIRECT FUNDING.—
(A) RESCISSION.—There is rescinded $4,100,000 of the
unobligated balance of amounts made available by section
1003 of the American Rescue Plan Act of 2021 (Public
Law 117–2).
(B) APPROPRIATION.—If such unobligated amounts are
available to execute the rescission under subparagraph (A),
on the day after the execution of the rescission, there
is appropriated to the Secretary, out of amounts in the
Treasury not otherwise appropriated, $4,100,000 to carry
out this section to remain available for fiscal years 2023
through 2027.
(3) PROHIBITION.—None of the funds of the Commodity
Credit Corporation shall be used to carry out this section.
(j) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to provide authority to the Secretary for the establishment or operation of a Federal market through which agriculture
or forestry credits may be bought or sold.
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SEC. 202. ACCEPTANCE AND USE OF PRIVATE FUNDS FOR PUBLICPRIVATE 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 PUBLICPRIVATE 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;
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‘‘(C) identify a natural resource concern the contributed
funds are intended to be used to address;
‘‘(D) with respect to an activity funded pursuant to
this subsection that may result in environmental services
benefits to be sold through an environmental services
market, subject to the approval of the Secretary, prescribe
the terms for ownership of the entity’s share of such
environmental services benefits resulting from such
activity; and
‘‘(E) work with the Secretary to promote the activities
funded pursuant to this subsection.
‘‘(6) PRODUCER PARTICIPATION.—
‘‘(A) NOTIFICATION.—The Secretary shall establish a
process to provide notice to producers—
‘‘(i) of activities that may be carried out, through
a covered program, pursuant to this section; and
‘‘(ii) any terms prescribed by the contributing
entity under paragraph (5)(D) with respect to such
activities.
‘‘(B) RETENTION OF ENVIRONMENTAL SERVICES BENEFITS.—The Secretary shall not claim or impede any action
of a producer with respect to the environmental services
benefits they accrue through activities funded pursuant
to this subsection.
‘‘(7) CONSISTENCY WITH PROGRAM REQUIREMENTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Secretary shall ensure that the terms and conditions of activities carried out using funds contributed under
this subsection are consistent with the requirements of
the applicable covered program.
‘‘(B) ADJUSTMENTS.—
‘‘(i) IN GENERAL.—The Secretary may, if the Secretary determines necessary, adjust a regulatory
requirement of a covered program, or related guidance,
as it applies to an activity carried out using funds
contributed under this subsection—
‘‘(I) to provide a simplified process; or
‘‘(II) to better reflect unique local circumstances and to address a specific priority of
the contributing entity.
‘‘(ii) LIMITATION.—The Secretary shall not adjust
the application of statutory requirements for a covered
program, including requirements governing appeals,
payment limits, and conservation compliance.
‘‘(8) REPORT.—Not later than December 31, 2024, and each
year thereafter through December 31, 2031, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that contains—
‘‘(A) the name and a description of each entity contributing private funds under this subsection that took an
action under paragraph (5), and a description of each such
action;
‘‘(B) the name and a description of each entity contributing private funds under this subsection for which the
Secretary has provided matching Federal funds, and the
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Determination.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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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:
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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) the Secretary determines that the modification
or termination—
‘‘(i) will address a compelling public need for which
there is no practicable alternative; and
‘‘(ii) is in the public interest.
‘‘(2) CONSIDERATION; CONDITIONS.—
‘‘(A) TERMINATION.—As consideration for termination
of an easement or other interest in land under this subsection, the Secretary shall enter into a compensatory
arrangement, as the Secretary determines to be appropriate.
‘‘(B) MODIFICATION.—In the case of a modification of
an easement or other interest in land under this subsection—
‘‘(i) as a condition of the modification, the owner
of the land shall enter into a compensatory arrangement, as the Secretary determines to be appropriate,
to incur the costs of modification; and
‘‘(ii) the Secretary shall ensure that—
‘‘(I) the modification will not adversely affect
the forest ecosystem functions and values for which
the easement or other interest in land was
acquired;
‘‘(II) any adverse impacts will be mitigated
by enrollment and restoration of other land that
provides greater forest ecosystem functions and
values at no additional cost to the Federal Government; and
‘‘(III) the modification will result in equal or
greater environmental and economic values to the
United States.’’.
Determination.
Compensation.
TITLE IV—NUTRITION
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SEC. 501. EBT BENEFIT FRAUD PREVENTION.
7 USC 2016a.
(a) GUIDANCE; RULEMAKING.—The Secretary shall—
(1) issue guidance to State agencies, on an ongoing basis,
as informed by the process outlined in paragraph (4), that
describes security measures that—
(A) are effective, as determined by the Secretary, in
detecting and preventing theft of benefits, including
through card skimming, card cloning, and other similar
fraudulent methods;
(B) are consistent with industry standards for
detecting, identifying, and preventing debit and credit card
skimming, card cloning, and other similar fraudulent
methods; and
(C) consider the feasibility of cost, availability, and
implementation for States;
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Determination.
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136 STAT. 5986
Deadline.
Coordination.
Contracts.
Determination.
Standards.
Data.
Reports.
Recommendations.
Requirement.
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Deadline.
Plan.
Procedures.
Determination.
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PUBLIC LAW 117–328—DEC. 29, 2022
(2) promulgate regulations through notice-and-comment
rulemaking to require State agencies to take the security measures described in the guidance issued under paragraph (1);
(3) not later than December 1, 2023, promulgate regulations
(including an interim final rule) to require State agencies to
implement procedures for the replacement of benefits consistent
with subsection (b);
(4) coordinate with the Administrator of the Administration
for Children and Families of the Department of Health and
Human Services, the Attorney General of the United States,
State agencies, retail food stores, and EBT contractors—
(A) to determine—
(i) how benefits are being stolen through card
skimming, card cloning, and other similar fraudulent
methods;
(ii) how those stolen benefits are used; and
(iii) to the maximum extent practicable, the locations where card skimming, card cloning, and other
similar fraudulent methods are taking place;
(B) to establish measures, including equipment
enhancements for retail food stores, to prevent benefits
from being stolen through card skimming, card cloning,
and other similar fraudulent methods; and
(C) to establish standard reporting methods for States
to collect and share data with the Secretary on the scope
of benefits being stolen through card skimming, card
cloning, and other similar fraudulent methods; and
(5) not later than October 1, 2024, submit to the Committee
on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives a
report that includes—
(A) to the maximum extent practicable, information
on the frequency of theft of benefits and the location of
those thefts, including benefits stolen through card skimming, card cloning, and other similar fraudulent methods;
(B) a description of the determinations made under
paragraph (4)(A), the measures established under paragraph (4)(B), and methods established in paragraph (4)(C);
(C) a description of the industry standards described
in paragraph (1)(B); and
(D) recommendations on how to consistently detect,
track, report, and prevent theft of benefits, including benefits stolen through card skimming, card cloning, and other
similar fraudulent methods.
(b) REPLACEMENT OF BENEFITS.—The Secretary shall use funds
appropriated under section 18 of the Food and Nutrition Act of
2008 (7 U.S.C. 2027) to require States to replace benefits that
are determined by the State agency to have been stolen through
card skimming, card cloning, or similar fraudulent methods, subject
to the conditions that—
(1) the State agency shall submit to the Secretary not
later than 60 days after the date of the enactment of this
Act for prior approval a plan for the replacement of stolen
benefits that—
(A) includes appropriate procedures, as determined by
the Secretary, for the timely submission of claims to, timely
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 5987
validation of claims by, and replacement issuance by the
State agency that includes—
(i) a signed statement by the affected household
on the benefit theft, consistent with the signature
requirements and options provided by section
11(e)(2)(C) of the Food and Nutrition Act of 2008, as
amended (7 U.S.C. 2020(e)(2)(C));
(ii) criteria to determine if a submitted claim is
valid;
(iii) procedures for the documentation of replacement issuances, including the submitted claims and
findings from the validation;
(iv) the submission of data reports on benefit theft
and replacement activity to the Secretary;
(v) procedures to inform households of their right
to a fair hearing, consistent with those already established by section 11(e) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2020(e)) and corresponding regulations concerning replacement issuances; and
(vi) the State agency’s use and planned use of
benefit theft prevention measures, including any additional guidance that may be issued under subsection
(a)(1);
(B) includes appropriate procedures, as determined by
the Secretary, for reporting the scope and frequency of
card skimming affecting households within the State to
the Secretary;
(C) upon approval shall be incorporated into the State
plan of operation required under section 11(e) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2020(e)); and
(D) the Secretary may approve after the date on which
guidance is issued under subsection (a)(1);
(2) the replacement of stolen benefits for a household—
(A) shall not exceed the lesser of—
(i) the amount of benefits stolen from the household; or
(ii) the amount equal to 2 months of the monthly
allotment of the household immediately prior to the
date on which the benefits were stolen;
(B) shall not occur more than 2 times per Federal
fiscal year per household by a single State agency; and
(C) shall only apply to benefits stolen during the period
beginning on October 1, 2022, and ending on September
30, 2024;
(3) plans approved under paragraph (1) will remain in
effect until the effective date of the rule promulgated pursuant
to subsection (a)(3); and
(4) replacements of benefits under this section shall not
be regarded as losses for the purpose of section 7(e) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2016(e)) to the extent
such replacements are made in accordance with an approved
plan that complies with this subsection.
(c) DEFINITIONS.—In this section, the terms ‘‘allotment’’, ‘‘benefit’’, ‘‘household’’, ‘‘retail food store’’, and ‘‘State agency’’ have the
meaning given those terms in section 3 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012).
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Statement.
Criteria.
Reports.
Time periods.
Applicability.
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136 STAT. 5988
PUBLIC LAW 117–328—DEC. 29, 2022
(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.
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Deadline.
Urban and
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Determination.
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(a) AGREEMENTS.—Section 12(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(b)) is amended—
(1) by inserting ‘‘and Indian Tribal organizations’’ after
‘‘State agencies’’ each place it appears; and
(2) in paragraph (2)(B), in the matter preceding clause
(i), by inserting ‘‘and Indian Tribal organization’’ before
‘‘budget’’.
(b) NONCONGREGATE MEALS.—Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended—
(1) in subsection (a), by adding at the end the following:
‘‘(13) NONCONGREGATE MEALS.—
‘‘(A) IN GENERAL.—Beginning not later than summer
2023, the Secretary shall make available an option to States
to provide program meals under this section for noncongregate consumption in a rural area with no congregate
meal service, as determined by the Secretary.
‘‘(B) SUMMER 2023.—Notwithstanding any other provision in this paragraph, for summer 2023, the Secretary
may allow States to use implementation models developed
by the Secretary for demonstration projects carried out
under section 749(g) of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Act, 2010 (Public Law 111–80; 123 Stat.
2132), to carry out subparagraph (A).
‘‘(C) ELIGIBILITY DETERMINATION.—In administering
this paragraph, the Secretary shall ensure that noncongregate meals are only available for a child—
‘‘(i) in an area in which poor economic conditions
exist; and
‘‘(ii) in an area that is not an area in which poor
economic conditions exist, if the child is determined
to be eligible for a free or reduced price lunch under
this Act or a free or reduced price breakfast under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
‘‘(D) PRIORITIES.—
‘‘(i) IN GENERAL.—States shall—
‘‘(I) identify areas with no congregate meal
service that could benefit the most from the provision of noncongregate meals; and
‘‘(II) encourage participating service institutions in those areas to provide noncongregate
meals as appropriate.
‘‘(ii) AREAS.—Areas identified under clause (i) may
include areas that are not areas in which poor economic
conditions exist but that have children who are determined to be eligible for free or reduced price lunch
under this Act or free or reduced price breakfast under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
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PUBLIC LAW 117–328—DEC. 29, 2022
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) over a 10-day calendar period, the number
of reimbursable meals provided to a child does not
exceed the number of meals that could be provided
over a 10-day calendar period, as established under
subsection (b)(2); and
‘‘(iii) States establish a process for identifying gaps
in service and barriers in reaching needy children for
congregate and noncongregate models.
‘‘(F) REGULATIONS.—Not later than 1 year after the
date of enactment of this paragraph, the Secretary shall
promulgate regulations (which shall include interim final
regulations) to carry out this section, including provisions—
‘‘(i) to ensure the integrity of the alternative option
for program delivery described in subparagraph (A);
and
‘‘(ii) to incorporate best practices and lessons
learned from noncongregate demonstration projects
under section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2010 (Public Law 111–
80; 123 Stat. 2132).’’; and
(2) in subsection (n)—
(A) by striking ‘‘by January 1 of each year of its intent
to administer the program and shall submit for approval
by February 15’’ and inserting ‘‘of its intent to administer
the program and shall submit for approval by April 1,
2023,’’;
(B) by striking ‘‘(1)’’ and inserting ‘‘(A)’’;
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
(D) by striking ‘‘(3)’’ and inserting ‘‘(C)’’;
(E) by striking ‘‘(4)’’ and inserting ‘‘(D)’’;
(F) by striking ‘‘(5)’’ and inserting ‘‘(E)’’;
(G) by striking ‘‘and (6)’’ and inserting ‘‘(F)’’;
(H) by striking the period at the end and inserting
‘‘; and (G) the State’s plan for using the alternative option
for program delivery described in subsection (a)(13), if
applicable, including plans to provide a reasonable opportunity to access meals across all areas of the State.’’;
(I) by striking the subsection designation and all that
follows through ‘‘Each State’’ and inserting the following:
‘‘(n) MANAGEMENT AND ADMINISTRATION STATE PLANS.—
‘‘(1) SUMMER 2023.—Each State’’; and
(J) by adding at the end the following:
‘‘(2) SUMMER 2024 AND BEYOND.—Beginning in 2024, each
State desiring to participate in the program under this section
or in the summer EBT program under section 13A shall notify
the Secretary by January 1 of each year of its intent to administer the applicable program and shall submit for approval
by February 15 a management and administration plan for
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Time period.
Process.
Deadline.
Effective date.
Notification.
Deadlines.
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PUBLIC LAW 117–328—DEC. 29, 2022
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:
42 USC 1762.
‘‘SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN
PROGRAM.
Effective.
‘‘(a) PROGRAM ESTABLISHED.—The Secretary shall establish a
program under which States and covered Indian Tribal organizations electing to participate in such program shall, beginning with
summer 2024 and annually for each summer thereafter, issue to
each eligible household summer electronic benefit transfer benefits
(referred to in this section as ‘summer EBT benefits’)—
‘‘(1) in accordance with this section; and
‘‘(2) for the purpose of providing nutrition assistance
through electronic benefit transfer or methods described in
clauses (ii) and (iii) of subsection (b)(2)(B) during the summer
months for each eligible child, to ensure continued access to
food when school is not in session for the summer.
‘‘(b) SUMMER EBT BENEFITS REQUIREMENTS.—
‘‘(1) PURCHASE OPTIONS.—
‘‘(A) BENEFITS ISSUED BY STATES.—Summer EBT benefits issued pursuant to subsection (a) by a State may only
be used by the eligible household that receives such
summer EBT benefits to purchase food (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
2012)) from retail food stores that have been approved
for participation in the supplemental nutrition assistance
program established under such Act and in accordance
with section 7(b) of such Act (7 U.S.C. 2016(b)) or in the
nutrition assistance program in American Samoa, the
Commonwealth of Puerto Rico, and the Commonwealth
of the Northern Mariana Islands.
‘‘(B) BENEFITS ISSUED BY COVERED INDIAN TRIBAL
ORGANIZATIONS.—Summer EBT benefits issued pursuant
to subsection (a) by a covered Indian Tribal organization
may only be used by the eligible household that receives
such summer EBT benefits to purchase supplemental foods
from vendors that have been approved for participation
in the special supplemental nutrition program for women,
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PUBLIC LAW 117–328—DEC. 29, 2022
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) 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 12month period ending on November 30 of the preceding
calendar year and rounded to the nearest lower dollar
increment; and
‘‘(B) may be issued—
‘‘(i) in the form of an EBT card;
‘‘(ii) through other electronic methods, as determined by the Secretary; or
‘‘(iii) in the case of a State that does not issue
nutrition assistance program benefits electronically,
using the same methods by which that State issues
benefits under the nutrition assistance program of that
State.
‘‘(3) ENFORCEMENT.—Summer EBT benefits issued pursuant to subsection (a) shall—
‘‘(A) be subject to sections 12, 14, and 15 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2021, 2023, 2024)
and subsections (n), (o), and (p) of section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), as applicable; and
‘‘(B) to the maximum extent practicable, incorporate
technology tools consistent with industry standards that
track or prevent theft of benefits, cloning, or other fraudulent activities.
‘‘(4) TIMING.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), summer EBT benefits issued pursuant to subsection
(a) may only be issued for the purpose of purchasing food
during the summer months, with appropriate issuance and
expungement timelines as determined by the Secretary
(but with an expungement timeline not to exceed 4 months).
‘‘(B) CONTINUOUS SCHOOL CALENDAR.—In the case of
children who are under a continuous school calendar, the
Secretary shall establish alternative plans for the period
during which summer EBT benefits may be issued pursuant to subsection (a) and used.
‘‘(c) ENROLLMENT IN PROGRAM.—
‘‘(1) STATE REQUIREMENTS.—States that elect to participate
in the program under this section shall—
‘‘(A) with respect to summer, automatically enroll each
eligible child who is directly certified, is an identified student (as defined in section 11(a)(1)(F)(i)), or is otherwise
determined by a school food authority to be eligible to
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Determination.
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Procedures.
Procedures.
Payments.
Effective.
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PUBLIC LAW 117–328—DEC. 29, 2022
receive free or reduced price meals in the instructional
year immediately preceding the summer or during the
summer operational period in the program under this section, without further application from households;
‘‘(B) make an application available for children who
do not meet the criteria described in subparagraph (A)
and make eligibility determinations using the eligibility
criteria for free or reduced price lunches under this Act;
‘‘(C) establish procedures to carry out the enrollment
described in subparagraph (A);
‘‘(D) establish procedures for expunging summer EBT
benefits from the account of a household, consistent with
the requirements under subsection (b)(4); and
‘‘(E) allow eligible households to opt out of participation
in the program under this section and establish procedures
for opting out of such participation.
‘‘(2) COVERED INDIAN TRIBAL ORGANIZATION REQUIREMENTS.—Covered Indian Tribal organizations participating in
the program under this section shall, to the maximum extent
practicable, meet the requirements under paragraph (1).
‘‘(d) ADMINISTRATIVE EXPENSES.—The Secretary shall pay to
each State agency and covered Indian Tribal organization an
amount equal to 50 percent of the administrative expenses incurred
by the State agency or covered Indian Tribal organization in operating the program under this section, including the administrative
expenses of local educational agencies and other agencies in each
State or covered Indian Tribal organization relating to the operation
of the program under this section.
‘‘(e) SUMMER EBT AUTHORITY.—Beginning in summer 2024,
the Secretary shall not allow States to use the authority in section
749(g) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2010
(Public Law 111–80; 123 Stat. 2132), to provide access to food
through electronic benefit transfer benefits to children during the
summer months when schools are not in regular session.
‘‘(f) ISSUANCE OF INTERIM FINAL REGULATIONS.—Not later than
1 year after the date of enactment of this section, the Secretary
shall promulgate regulations (which shall include interim final regulations) to carry out this section, including provisions that—
‘‘(1) incorporate best practices and lessons learned from
demonstration projects under—
‘‘(A) section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2010 (Public Law 111–80; 123 Stat.
2132); and
‘‘(B) the pandemic EBT program under section 1101
of the Families First Coronavirus Response Act (7 U.S.C.
2011 note; Public Law 116–127);
‘‘(2) ensure timely and fair service to applicants for and
recipients of benefits under this section;
‘‘(3) establish quality assurance and program integrity
procedures to ensure that States and local educational agencies
have adequate processes—
‘‘(A) to correctly determine the eligibility of children
for benefits under this section; and
‘‘(B) to reliably enroll and issue benefits to eligible
children; and
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‘‘(4) allow States and covered Indian Tribal organizations
to streamline program administration, including by—
‘‘(A) automatically enrolling each eligible child who
is able to be directly certified; and
‘‘(B) establishing a single summer operational period.
‘‘(g) ADMINISTRATIVE AND MANAGEMENT PLAN.—Beginning in
2024, each State desiring to participate in the program under
this section shall comply with the requirements under section 13(n).
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) COVERED INDIAN TRIBAL ORGANIZATION.—The term ‘covered Indian Tribal organization’ means an Indian Tribal
organization that participates in the special supplemental nutrition program for women, infants, and children established
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786).
‘‘(2) ELIGIBLE CHILD.—The term ‘eligible child’ means, with
respect to a summer, a child who—
‘‘(A) was, at the end of the instructional year immediately preceding such summer or during the summer operational period—
‘‘(i) certified to receive free or reduced price lunch
under the school lunch program under this Act;
‘‘(ii) certified to receive free or reduced price breakfast under the school breakfast program under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
or
‘‘(iii) able to be directly certified;
‘‘(B) was, at the end of the instructional year immediately preceding such summer—
‘‘(i) enrolled in a school described in subparagraph
(B), (C), (D), (E), or (F) of section 11(a)(1); and
‘‘(ii)(I) an identified student (as defined in section
11(a)(1)(F)(i)); or
‘‘(II) a child who otherwise met the requirements
to receive free or reduced price meals, as determined
through an application process using the eligibility
criteria for free or reduced price meals under this
Act; or
‘‘(C) has been determined to be eligible for the program
under this section in accordance with subsection (c)(1)(B).
‘‘(3) ELIGIBLE HOUSEHOLD.—The term ‘eligible household’
means a household that includes at least 1 eligible child.
‘‘(4) SUPPLEMENTAL FOODS.—The term ‘supplemental
foods’—
‘‘(A) means foods—
‘‘(i) containing nutrients determined by nutritional
research to be lacking in the diets of children; and
‘‘(ii) that promote the health of the population
served by the program under this section, as indicated
by relevant nutrition science, public health concerns,
and cultural eating patterns, as determined by the
Secretary; and
‘‘(B) includes foods not described in subparagraph (A)
substituted by State agencies, with the approval of the
Secretary, that—
‘‘(i) provide the nutritional equivalent of foods
described in such subparagraph; and
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Compliance.
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42 USC 1762
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(ii) allow for different cultural eating patterns
than foods described in such subparagraph.’’.
(d) AMENDMENTS TO P-EBT FOR SUMMER 2023.—Section 1101(i)
of the Families First Coronavirus Response Act (7 U.S.C. 2011
note; Public Law 116–127) is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(1) IN GENERAL.—The Secretary’’;
(2) in paragraph (1) (as so designated), by inserting
‘‘approve or’’ after ‘‘may’’; and
(3) by adding at the end the following:
‘‘(2) LIMITATION.—A State shall not provide benefits during
a covered summer period pursuant to paragraph (1) to children
who, at the end of the school year immediately preceding the
covered summer period, attended a school that did not participate in the school lunch program or school breakfast program
described in that paragraph.
‘‘(3) OTHER ASSISTANCE NOT REQUIRED.—A State shall not
be required to provide assistance under subsection (a) or (h)
in order to provide assistance under this subsection.’’.
(e) NO DUPLICATION OF SUMMER BENEFITS.—A State may not
provide to a household summer EBT benefits (as described in section
13A(a) of the Richard B. Russell National School Lunch Act) under
that section and benefits under section 1101(i) of the Families
First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law
116–127) for the same period.
SEC. 503. OFFSETS.
(a) SUMMER 2023.—Section 1101(i) of the Families First
Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116–
127) (as amended by section 502(d)) is amended by adding at
the end the following:
‘‘(4) SUMMER 2023.—Any benefits issued to households
during a covered summer period pursuant to paragraph (1)
in summer 2023 shall not exceed $120 per child for the covered
summer period, except that benefits may be proportionately
higher consistent with any adjustments established under section 12(f) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(f)).’’.
(b) ALLOTMENTS.—Section 2302 of the Families First
Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116–
127) is amended by adding at the end the following:
‘‘(d) SUNSET.—The authority under subsection (a)(1) shall expire
after the issuance of February 2023 benefits under that subsection.’’.
TITLE V—OTHER MATTERS
7 USC
2204b–2 note.
SEC. 601. SUPPORT FOR COTTON MERCHANDISERS.
(a) COTTON MERCHANDISER PANDEMIC ASSISTANCE.—
(1) PANDEMIC ASSISTANCE PAYMENTS TO COTTON MERCHANDISERS.—The Secretary shall make pandemic assistance payments, under terms and conditions as determined by the Secretary, to cotton merchandisers that purchased cotton from
a United States cotton producer or marketed cotton on behalf
of a United States cotton producer during the period that
begins on March 1, 2020, and ends on the date of enactment
of this Act.
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136 STAT. 5995
(2) PAYMENT DETERMINATIONS.—The Secretary shall take
into consideration economic impacts of COVID–19 and other
supply chain disruptions in determining payment rates under
this subsection, such that the amounts made available under
paragraph (4)(A) are fully expended no later than 1 year after
the date of enactment of this section.
(3) COTTON MERCHANDISER DEFINED.—In this subsection,
the term ‘‘cotton merchandiser’’ means an entity that markets,
sells, or trades cotton to end users.
(4) FUNDING LIMITATIONS.—
(A) IN GENERAL.—Of the funds made available under
subsection (b), the Secretary shall make available
$100,000,000 to carry out this subsection.
(B) ADMINISTRATIVE EXPENSES.—The Secretary may
use not more than 1 percent of the funds under subparagraph (A) for administrative costs necessary to carry out
this subsection.
(b) FUNDING.—The Secretary shall make available $100,000,000
to be derived from the unobligated balances of amounts made
available under section 751 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) to carry out subsection
(a).
Deadline.
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SEC. 602. ASSISTANCE FOR RICE PRODUCERS.
(a) IN GENERAL.—The Secretary shall make a 1-time payment
to each producer of rice on a farm in the United States with
respect to the 2022 crop year.
(b) PAYMENT AMOUNT.—In accordance with the amount made
available under subsection (e), the amount of a payment to a rice
producer on a farm under subsection (a) shall be equal to the
product obtained by multiplying—
(1) the payment rate per pound, as determined by the
Secretary, but which shall be—
(A) the same for all varieties of rice;
(B) not less than 2 cents per pound; and
(C) notwithstanding subparagraph (B), adjusted by the
Secretary such that the amount made available under subsection (e) is fully expended;
(2)(A) in the case of a producer with an average actual
production history per planted acre of rice determined in accordance with subparagraphs (A), (B), and (E) of section 508(g)(2)
of the Federal Crop Insurance Act (7 U.S.C. 1508(g)(2)), that
average actual production history; or
(B) in the case of a producer without an average actual
production history described in subparagraph (A)—
(i) if an area yield for the 2022 crop year determined
in accordance with subparagraphs (C) and (E) of that section is available, that area yield; or
(ii) if an area yield described in clause (i) is not available, the yield determined by the Secretary; and
(3) the sum obtained by adding, as applicable—
(A) the number of certified planted acres of rice on
the farm for the 2022 crop year, as reported to the Secretary; and
(B) the number of certified acres of rice prevented
from being planted on the farm for the 2022 crop year,
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PUBLIC LAW 117–328—DEC. 29, 2022
Payments.
as reported to the Secretary, multiplied by the prevented
planting coverage factor applicable to those acres.
(c) LIMITATIONS.—
(1) IN GENERAL.—In carrying out this section, the Secretary
shall impose payment limitations consistent with section
760.1507(b) of title 7, Code of Federal Regulations (as in effect
on September 30, 2021).
(2) SEPARATE LIMITATIONS.—The payment limitations
imposed under paragraph (1) shall be separate from annual
payment limitations under any other program.
(d) DEADLINE.—The Secretary shall make payments under this
section not later than 120 days after the date of enactment of
this Act.
(e) FUNDING.—
(1) RESCISSION.—Of the unobligated balance of the amounts
made available by section 751 of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 2105),
$250,000,000 is rescinded.
(2) APPROPRIATION.—There is appropriated to the Secretary, out of any amounts in the Treasury not otherwise appropriated, $250,000,000 to carry out this section.
7 USC 8302;
16 USC 661 note,
667i and note.
SEC. 603. ENACTMENT OF CHRONIC WASTING DISEASE RESEARCH AND
MANAGEMENT ACT.
The provisions of H.R. 5608 of the 117th Congress, as engrossed
in the House of Representatives on December 8, 2021, are hereby
enacted into law.
TITLE VI—PESTICIDES
Pesticide
Registration
Improvement Act
of 2022.
7 USC 136 note.
Subtitle A—Pesticide Registration
Improvement Act of 2022
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Pesticide Registration Improvement Act of 2022’’.
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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)—
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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136 STAT. 5998
other electronic methods to be added using nonnotification procedures.
‘‘(II)
NON-NOTIFICATION
PROCEDURE
DEFINED.—In this clause, the term ‘non-notification
procedure’ refers to a procedure under which a
change may be made to a pesticide label without
notifying the Administrator.
‘‘(ii) COOPERATION AND CONSULTATION.—In carrying out this paragraph, the Administrator shall
cooperate and consult with State lead agencies for
pesticide regulation for the purpose of implementing
bilingual labeling as provided in this paragraph as
expeditiously as possible.
‘‘(iii) END USE LABELING.—The labeling requirements of this paragraph shall apply to end use product
labels.
‘‘(iv) INCORPORATION TIMEFRAME.—After initial
translation deadlines provided in subparagraph (B),
updates to the Spanish Translation Guide described
in subparagraph (G) shall be incorporated into labeling
on the earlier of—
‘‘(I) in the case of agricultural use pesticide
labels, as determined by the Administrator—
‘‘(aa) 1 year after the date of publication
of the updated Spanish Label Translation
Guide described in subparagraph (G); or
‘‘(bb) the released for shipment date specified on the EPA Stamped Approved Label after
the pesticide label is next changed or amended
following the date of publication of the updated
Spanish Label Translation Guide described in
subparagraph (G); and
‘‘(II) in the case of antimicrobial and non-agricultural use pesticide labels, as determined by the
Administrator—
‘‘(aa) 2 years after the date of publication
of the updated Spanish Label Translation
Guide described in subparagraph (G); or
‘‘(bb) the released for shipment date specified on the EPA Stamped Approved Label after
the pesticide label is next changed or amended
following the date of publication of the updated
Spanish Label Translation Guide described in
subparagraph (G).
‘‘(v) NOTIFICATION OF UPDATES TO THE SPANISH
TRANSLATION GUIDE FOR PESTICIDE LABELING.—Not
later than 10 days after updating the Spanish Translation Guide described in subparagraph (G), the
Administrator shall notify registrants of the update
to such guide.
‘‘(D) ACCESSIBILITY OF BILINGUAL LABELING FOR FARM
WORKERS.—Not later than 180 days after the date of enactment of this paragraph, to the maximum extent practicable,
the Administrator shall seek stakeholder input on ways
to make bilingual labeling required under this paragraph
accessible to farm workers.
Applicability.
Updates.
Time period.
Deadline.
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136 STAT. 5999
‘‘(E) PLAN.—Not later than 3 years after the date of
enactment of this paragraph, the Administrator shall
implement a plan to ensure that farm workers have access
to the bilingual labeling required under this paragraph.
‘‘(F) REPORTING.—Not later than 2 years after the date
of enactment of this paragraph, the Administrator shall
develop and implement, and make publicly available, a
plan for tracking the adoption of the bilingual labeling
required under this paragraph.
‘‘(G) SPANISH TRANSLATION GUIDE DESCRIBED.—The
Spanish Translation Guide described in this subparagraph
is the Spanish Translation Guide for Pesticide Labeling
issued in October 2019, as in effect on the date of enactment
of the Pesticide Registration Improvement Act of 2022,
and any successor guides or amendments to such guide.’’.
Deadline.
Public
information.
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SEC. 703. EXTENSION AND MODIFICATION OF MAINTENANCE FEE
AUTHORITY.
(a) EXTENSION AND MODIFICATION OF MAINTENANCE FEE
AUTHORITY.—Section 4(i) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a–1(i)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by striking ‘‘2023’’ and
inserting ‘‘2022, and $42,000,000 for each of fiscal years
2023 through 2027’’;
(B) in subparagraph (D)—
(i) in clause (i), by striking ‘‘2023’’ and inserting
‘‘2022, and $172,000 for each of fiscal years 2023
through 2027’’; and
(ii) in clause (ii), by striking ‘‘2023’’ and inserting
‘‘2022, and $277,200 for each of fiscal years 2023
through 2027’’;
(C) in subparagraph (E)(i)—
(i) in subclause (I), by striking ‘‘2023’’ and inserting
‘‘2022, and $105,000 for each of fiscal years 2023
through 2027’’; and
(ii) in subclause (II), by striking ‘‘2023’’ and
inserting ‘‘2022, and $184,800 for each of fiscal years
2023 through 2027’’;
(D) by redesignating subparagraphs (G), (H), and (I)
as subparagraphs (L), (M), and (N);
(E) by inserting after subparagraph (F) the following:
‘‘(G) FARM WORKER TRAINING AND EDUCATION
GRANTS.—
‘‘(i) SET-ASIDE.—In addition to amounts otherwise
available, for fiscal years 2023 through 2027, the
Administrator shall use not more than $7,500,000 of
the amounts collected under this paragraph to provide
grants to organizations described in clause (ii) for purposes of facilitating—
‘‘(I) training of farm workers;
‘‘(II) education of farm workers with respect
to—
‘‘(aa) rights of farm workers relating to
pesticide safety; and
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(bb) the worker protection standard
under part 170 of title 40, Code of Federal
Regulations (or successor regulations);
‘‘(III) the development of new informational
materials;
‘‘(IV) the development of training modules; and
‘‘(V) the development of innovative methods
of delivery of such informational materials and
training modules.
‘‘(ii) ELIGIBILITY.—To be eligible to receive a grant
under this subparagraph, an organization shall have
demonstrated experience in—
‘‘(I) providing training and education services
for farm workers or handlers of pesticides; or
‘‘(II) developing informational materials for
farm workers or handlers of pesticides.
‘‘(iii) COMMUNITY-BASED ORGANIZATIONS.—
‘‘(I) COMMUNITY-BASED NON-PROFIT FARM
WORKER ORGANIZATION GRANTS.—The Administrator shall use funds available under clause (i)
to provide grants to community-based non-profit
farm worker organizations.
‘‘(II) APPLICATION OF FUNDS.—The Administrator shall apply the unspent balance of funds
available (up to $1,800,000) under clause (i) in
fiscal years 2025 through 2027 to carry out subclause (I).
‘‘(iv) INTERIM FUNDING.—In addition to amounts
otherwise available, the Administrator may use not
more than $1,200,000 in fiscal years 2023 and 2024
to fund existing cooperative agreements that were
authorized under section 33(c)(3)(B), as such section
was in effect as of March 8, 2019.
‘‘(v) PARTNERSHIPS.—Organizations described in
clause (ii) may apply for a grant under this subparagraph as a partnership with another organization, provided such organizations, at the time of application,
have entered into an agreement designating—
‘‘(I) a member of the partnership that will
enter into the assistance agreement with the
Environmental Protection Agency for the purposes
of accountability for the proper expenditure of Federal funds;
‘‘(II) performance of the assistance agreement;
‘‘(III) liability for claims for recovery of
unallowable costs incurred under the agreement;
and
‘‘(IV) specifying roles in performing the proposed scope of work for the assistance agreement.
‘‘(H) HEALTH CARE PROVIDER TRAINING.—
‘‘(i) SET-ASIDE.—In addition to other amounts
available, for the period of fiscal years 2023 through
2027, the Administrator shall use not more than
$2,500,000 of the amounts collected under this paragraph to provide grants to nonprofit organizations
described in clause (ii) for purposes of facilitating—
Time periods.
Time periods.
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PUBLIC LAW 117–328—DEC. 29, 2022
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) PARTNERSHIP GRANTS.—In addition to funds otherwise available, for each of fiscal years 2023 through 2027,
the Administrator shall use not more than $500,000 of
the amounts collected under this paragraph for partnership
grants.
‘‘(J) PESTICIDE SAFETY EDUCATION PROGRAM.—In addition to amounts otherwise available, for each of fiscal years
2023 through 2027, the Administrator shall use not more
than $500,000 of the amounts collected under this paragraph to carry out the pesticide safety education program.
‘‘(K) TECHNICAL ASSISTANCE TO GRANTEES.—
‘‘(i) SET-ASIDE.—In addition to other amounts
available, for fiscal years 2023 through 2027, the
Administrator shall use not more than $1,750,000 of
the amounts collected under this paragraph to provide
grants to nonprofit organizations, subject to such conditions as the Administrator establishes to prevent conflicts of interest, to provide easily accessible technical
assistance to grantees receiving, and potential grantees
applying for, grants under subparagraphs (G) and (H).
‘‘(ii) CONSIDERATIONS.—In evaluating requests for
grants under this subparagraph, the Administrator
shall consider, at a minimum, the extent to which—
‘‘(I) the organization applying for the grant
has experience providing technical assistance to
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Time periods.
Time periods.
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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’’.
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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
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136 STAT. 6003
a registration that is not covered by a fee table under
section 33(b)(3)(B).
‘‘(B) SET-ASIDE.—
‘‘(i) IN GENERAL.—In addition to amounts otherwise
available for each of fiscal years 2023 through 2027,
the Administrator shall use approximately 1⁄8 of the
amounts made available to the Administrator in the
Reregistration and Expedited Processing Fund for the
activities described in clause (ii).
‘‘(ii) ACTIVITIES.—In addition to amounts otherwise
available, the Administrator shall use amounts made
available under clause (i) to obtain sufficient personnel
and resources to process submissions not covered by
section 33(b)(3)(B) to meet the applicable deadlines
described in—
‘‘(I) the notice of the Administrator entitled
‘Pesticide Registration Notice (PR) 98–10: Notifications, Non-Notifications and Minor Formulation
Amendments’ and dated October 22, 1998 (and
any successor amendments to such notice); and
‘‘(II) subsections (c)(3)(B) and (h) of section
3.
‘‘(4) DEVELOPMENT OF PUBLIC HEALTH PERFORMANCE STANDARDS FOR ANTIMICROBIAL PESTICIDE DEVICES.—
‘‘(A) SET-ASIDE.—In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027, the
Administrator shall use not more than $500,000 of the
amounts made available to the Administrator in the Reregistration and Expedited Processing Fund for the activities
described in subparagraph (B).
‘‘(B) ANTIMICROBIAL PESTICIDE DEVICES.—The Administrator shall use amounts made available under subparagraph (A) to develop efficacy test methods for antimicrobial
pesticide devices making public health claims.’’;
(3) in paragraph (5)(A), by striking ‘‘2018 through 2023’’
and inserting ‘‘2023 through 2027’’;
(4) by redesignating paragraphs (6) and (7) as paragraphs
(9) and (10), respectively;
(5) by inserting after paragraph (5) the following:
‘‘(6) AGENCY TRAINING AND STAFF.—
‘‘(A) SET-ASIDE.—In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027, the
Administrator shall use not more than $500,000 of the
amounts made available to the Administrator in the Reregistration and Expedited Processing Fund for the activities
described in subparagraph (B).
‘‘(B) ACTIVITIES.—The Administrator shall use amounts
made available under subparagraph (A) to carry out the
following activities:
‘‘(i) TRAINING FOR AGENCY EMPLOYEES.—The
Administrator shall administer training and education
programs for employees of the Environmental Protection Agency, relating to the regulatory responsibilities
and policies established by this Act, including programs—
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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 decisionmaking; and
‘‘(VI) for educating registrants and regulated
stakeholders on regulatory procedures.
‘‘(ii) AGREEMENTS WITH INSTITUTIONS OF HIGHER
EDUCATION.—Not later than 1 year, to the maximum
extent practicable, after the date of enactment of the
Pesticide Registration Improvement Act of 2022, the
Administrator shall establish a competitive grant program to develop training curricula and programs in
accordance with clause (i) through financial assistance
agreements with 1 or more of the following institutions
of higher education:
‘‘(I) Non-land-grant colleges of agriculture (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)).
‘‘(II) Land-grant colleges and universities (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)).
‘‘(III) 1994 Institutions (as defined in section
532 of the Equity in Educational Land-Grant
Status Act of 1994 (7 U.S.C. 301 note; Public Law
103–382)).
‘‘(7) VECTOR EXPEDITED REVIEW VOUCHERS.—
‘‘(A) SET-ASIDE.—In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027, the
Administrator shall use not more than $500,000 of the
amounts made available to the Administrator in the Reregistration and Expedited Processing Fund to establish and
carry out the Vector Expedited Review Voucher program
in accordance with subparagraph (B).
‘‘(B) VECTOR EXPEDITED REVIEW VOUCHER PROGRAM.—
‘‘(i) DEFINITIONS.—In this subparagraph:
‘‘(I) PROGRAM.—The term ‘program’ means the
Vector Expedited Review Voucher program established under clause (ii).
‘‘(II) VOUCHER.—The term ‘voucher’ means a
voucher—
‘‘(aa) issued under the program by the
Administrator to a pesticide registration
applicant that entitles the holder to an expedited review described under clause (vi) of a
single different pesticide registration action;
and
‘‘(bb) the entitlement to which may be
transferred (including by sale) by the holder
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136 STAT. 6005
of the voucher, without limitation on the
number of times the voucher may be transferred, before the voucher is redeemed.
‘‘(ii) ESTABLISHMENT.—Not later than one year
after the date of enactment of the Pesticide Registration Improvement Act of 2022, the Administrator,
acting though the Office of Pesticide Programs, shall
establish a program to be known as the Vector Expedited Review Voucher program.
‘‘(iii) PURPOSE.—The purpose of the program is
to incentivize the development of new insecticides to
control and prevent the spread of vector borne disease
by expediting reviews by decreasing decision review
times provided in section 33(b)(3)(B).
‘‘(iv) ISSUANCE OF VOUCHERS.—
‘‘(I) IN GENERAL.—For each of fiscal years 2023
through 2027, the Administrator shall issue a
voucher to a pesticide registration applicant for
a new active ingredient if the applicant submits
and has successfully registered a mosquito-control
product that—
‘‘(aa) demonstrates a proven efficacy
against pyrethroid or other insecticide-resistant mosquitoes;
‘‘(bb) prevents, mitigates, destroys, or
repels pyrethroid or other insecticide-resistant
mosquitoes, with a novel or unique mechanism
or mode of action, different from other insecticides already registered by the Administrator
for mosquito control;
‘‘(cc) targets mosquitoes capable of
spreading such diseases as Malaria, Dengue,
Zika, Chikungunya, St. Louis encephalitis,
Eastern encephalitis, Western encephalitis,
West Nile encephalitis, Cache Valley encephalitis, LaCrosse encephalitis, and Yellow Fever;
‘‘(dd) the registrant has submitted a global
access plan that will be made publicly available for the active ingredient and that
includes—
‘‘(AA)
manufacturing
locations,
including any licensed third-party manufacturers;
‘‘(BB) distribution and procurement
processes for malaria vector control programs in selected countries; and
‘‘(CC) the prices for common quantities of the product;
‘‘(ee) meets the appropriate guidelines as
being effective in the primary vector control
intervention areas, including insecticidetreated 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
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136 STAT. 6006
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(BB) countries where mosquito-borne
diseases, such as malaria, are prevalent;
‘‘(gg) meets registration requirements for
human health and environmental effects,
labeling, and presents no unreasonable
adverse effects to the environment;
‘‘(hh) broadens the adoption of integrated
pest management strategies, such as insecticide resistance management, or makes those
strategies more effective;
‘‘(ii) is not contained in any pesticide
product registered by the Administrator as of
the date of the enactment of the Pesticide
Registration Improvement Act of 2022; or
‘‘(jj) does not contain as attested to by
the registrant, an active ingredient approved
in the 2-year period preceding the date of registration by any global stringent regulatory
authority for the same uses, vectors, and
applications.
‘‘(II) MOSQUITO VECTOR PRIORITY.—For each
of fiscal years 2023 through 2027, the focus of
the program shall be to incentivize the development of insecticides to control and prevent the
spread of mosquitoes bearing diseases described
in subclause (I)(cc).
‘‘(III) EXCEPTION.—If the Administrator determines that there is a significant public health
benefit, an active ingredient that is registered for
agricultural use that is repurposed and submitted
for control of mosquitoes and that otherwise meets
the requirements of subclause (I) (excluding items
(bb) and (jj)) as determined necessary by the
Administrator, shall be considered a mosquito control product meeting the criteria specified in such
subclause.
‘‘(IV) ELIGIBILITY CRITERIA MODIFICATIONS.—
‘‘(aa) IN GENERAL.—Beginning in fiscal
year 2028, the Administrator shall review the
program and recommend—
‘‘(AA) modifications to the requirements described in subclause (I); and
‘‘(BB) additional vectors to be included
in the program, prioritizing vectors that
pose the most significant population
health risks.
‘‘(bb) PUBLIC INVOLVEMENT.—In carrying
out item (aa), the Administrator shall solicit
the involvement of registrants, nongovernmental organizations, and governmental agencies engaged in vector-borne disease mitigation
and treatment.
‘‘(v) REDEMPTION OF VOUCHERS.—To redeem a
voucher, the holder shall—
‘‘(I) notify the Administrator of the intent of
the holder to submit a pesticide application with
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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) EXPEDITED REVIEW.—On redemption of a
voucher, in furtherance of the purpose described in
clause (iii), the Administrator shall expedite decision
review times as follows:
‘‘(I) 6 months less than the decision review
time for Category R010, New Active Ingredient,
Food use.
‘‘(II) 6 months less than the decision review
time for Category R020, New Active Ingredient,
Food use; reduced risk.
‘‘(III) 6 months less than the decision review
time for Category R060, New Active Ingredient,
Non-food use; outdoor.
‘‘(IV) 6 months less than the decision review
time for Category R110, New Active Ingredient,
Non-food use; indoor.
‘‘(V) 4 months less than the decision review
time for Category R070, New Active Ingredient,
Non-food use; outdoor; reduced risk.
‘‘(VI) 2 months less than the decision review
time for Category R120, New Active Ingredient,
Non-food use; indoor; reduced risk.
‘‘(vii) REPORTS.—Not later than September 30,
2025, and not later than September 30 of each year
thereafter, the Administrator shall issue a report on
the program, including—
‘‘(I) the number of submissions seeking a
voucher;
‘‘(II) the total time in review for each such
submission;
‘‘(III) the number of such vouchers awarded;
‘‘(IV) the number of such vouchers redeemed;
and
‘‘(V) with respect to each such redeemed
voucher—
‘‘(aa) the decision review time for the pesticide application for which the voucher was
redeemed; and
‘‘(bb) the average standard decision review
time for the applicable pesticide category.
‘‘(C) UNUSED AMOUNTS.—Any unused amounts made
available under this paragraph at the end of each fiscal
year shall be made available to the Administrator to carry
out other activities for which amounts in the Reregistration
and Expedited Processing Fund are authorized to be used.
‘‘(8) PESTICIDE SURVEILLANCE PROGRAM.—In addition to
amounts otherwise available, for each of fiscal years 2023
through 2027, the Administrator shall use not more than
$500,000 of the amounts made available to the Administrator
in the Reregistration and Expedited Processing Fund to support
the interagency agreement with the National Institute for
Occupational Safety and Health to support the Sentinel Event
Notification System for Occupational Risk pesticides program—
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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.
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(a) EXTENSION AND MODIFICATION OF FEE AUTHORITY.—
(1) IN GENERAL.—Section 33(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(b)) is
amended—
(A) in paragraph (2)(E)(iii), by striking ‘‘after review’’
and inserting ‘‘on completion of, where appropriate, the
initial screening of the contents of the application or the
preliminary technical screening’’;
(B) by striking ‘‘paragraph (3)’’ each place it appears
and inserting ‘‘paragraph (3)(B)’’;
(C) in paragraph (3), by striking ‘‘Subject to paragraph
(6),’’ and inserting the following:
‘‘(A) DATA EVALUATION RECORDS.—At the decision
review time under a fee table specified in subparagraph
(B) or as agreed upon under subsection (f)(5), for each
covered application under a fee table specified in such
subparagraph (B), the Administrator shall—
‘‘(i) complete data evaluation records for studies
submitted by the applicant in support of the application; and
‘‘(ii) release those data evaluation records to the
applicant, using appropriate protections for confidential business information.
‘‘(B) SCHEDULE, ACTIONS, AND FEES.—Subject to paragraph (6),’’;
(D) in paragraph (6)—
(i) by amending subparagraph (A) to read as follows: ‘‘Subject to the following sentence, effective for
a covered application received during the period beginning on October 1, 2024, and ending on September
30, 2026, the Administrator may increase by 5 percent
the registration service fee payable for the application
under paragraph (3). No adjustment may be made
under the preceding sentence until the date on which
the Administrator begins to implement clauses (i) and
(ii) of subsection (k)(2)(A).’’; and
(ii) by amending subparagraph (B) to read as follows: ‘‘Subject to the following sentence, effective for
a covered application received on or after October 1,
2026, the Administrator may increase by an additional
5 percent the registration service fee in effect as of
September 30, 2026. No adjustment may be made
under the preceding sentence until the date on which
the Administrator begins to implement any recommendations for process improvements contained in
the report under subsection (c)(4), as appropriate.’’;
and
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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) 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—
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136 STAT. 6010
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(aa) the contractor selected under subclause (I) shall submit to the Administrator
a report describing—
‘‘(AA) the findings from the assessment under that subclause; and
‘‘(BB) recommendations for improved
methodologies to represent full-time
equivalent resources described in that
subclause; and
‘‘(bb) the Administrator shall publish the
report submitted under item (aa) on the
website of the Environmental Protection
Agency.
‘‘(iii) PROCESS ASSESSMENT.—
‘‘(I) IN GENERAL.—
‘‘(aa) CONTRACTS.—Within 1 year of the
date of enactment of the Pesticide Registration
Improvement Act of 2022, to the extent practicable, the Administrator shall issue a
competitive contract to a private, independent
consulting firm—
‘‘(AA) to conduct the assessment
described in subclause (II); and
‘‘(BB) to submit to the Administrator
a report describing the findings of the
assessment and the processes and
performance of the Environmental Protection Agency relating to the implementation of the Pesticide Registration Improvement Act of 2022 and the amendments
made by that Act.
‘‘(bb) ELIGIBILITY.—The firm described in
item (aa) shall be capable of performing the
technical analysis, management assessment,
and program evaluation tasks required to
address the scope of the assessment under
subclause (II).
‘‘(II) ASSESSMENT.—
‘‘(aa) IN GENERAL.—The Administrator,
applicants, and registrants shall participate
in a targeted assessment of the process for
the review of applications submitted under
this Act.
‘‘(bb) CONSULTATION.—The firm selected
under subclause (I) shall consult with the
Administrator and applicants at the start of
the assessment under item (aa) and prior to
submission of the report under subclause
(I)(aa)(BB).
‘‘(cc) REQUIREMENTS.—The assessment
under item (aa) shall evaluate and make recommendations regarding—
‘‘(AA) the initial content screen;
‘‘(BB) the preliminary technical
screen;
‘‘(CC) performance, processes, and
progress toward reducing renegotiation
Web posting.
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Recommendations.
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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 fasttrack amendments under subsections
(c)(3)(B) and (h) of section 3.
‘‘(III) REPORT TO CONGRESS.—Not later than
1 year after the receipt of an assessment required
under this section, the Administrator shall submit
to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture of the House of Representatives—
‘‘(aa) a copy of each such assessment; and
‘‘(bb) the Administrator’s evaluation of the
findings and recommendations contained in
each such assessment.
‘‘(IV) RECOMMENDATIONS.—The Administrator
shall include with the report submitted under subclause (III) a classification of each recommendation
described in the report as—
‘‘(aa) can be implemented through
administrative action of the Administrator; or
‘‘(bb) requires a statutory change.’’; and
(2) in paragraph (4)—
(A) in subparagraph (A), by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (B) as subparagraph (C); and
(C) by inserting after subparagraph (A) the following:
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‘‘(B) shall be available during periods in which Environmental Protection Agency employees are on shutdown or
emergency furlough as a result of a lapse in appropriations;
and’’.
(c) ASSESSMENT OF FEES.—Section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(d)(2)) is
amended—
(1) by striking ‘‘(as in existence in fiscal year 2012)’’; and
(2) by striking ‘‘the amount of appropriations for covered
functions for fiscal year 2012 (excluding the amount of any
fees appropriated for the fiscal year).’’ and inserting
‘‘$166,000,000.’’.
(d) REFORMS TO REDUCE DECISION TIME REVIEW PERIODS AND
PREVENT DOUBLE PAYMENT OF REGISTRATION FEES.—Section 33(e)
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w–8(e)) is amended—
(1) by striking the subsection designation and heading and
all that follows through ‘‘To the maximum’’ and inserting the
following:
‘‘(e) REFORMS TO REDUCE DECISION TIME REVIEW PERIODS AND
PREVENT DOUBLE PAYMENT OF REGISTRATION FEES.—
‘‘(1) REDUCTION OF DECISION TIME REVIEW PERIODS.—To
the maximum’’; and
(2) by adding at the end the following:
‘‘(2) PREVENTION OF DOUBLE PAYMENT OF REGISTRATION
SERVICE FEES.—The Administrator shall develop and implement
a process to determine the appropriate fee category or categories
for an application that qualifies for more than one fee category
in order to assist applicants and prevent unnecessary payment
of fees for multiple categories for a single application.’’.
(e) DECISION TIME REVIEW PERIODS.—Section 33(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–
8(f)) is amended—
(1) in paragraph (1), by striking ‘‘Pesticide Registration
Improvement Extension Act of 2018’’ and inserting ‘‘Pesticide
Registration Improvement Act of 2022’’;
(2) in paragraph (4)—
(A) in subparagraph (B)—
(i) in clause (i), by adding at the end the following:
‘‘(III) FINAL FEE CATEGORY.—The fee category
of a covered application or other actions may not
be changed, without providing the information to
the applicant, after completion of the preliminary
technical screening described in clause (iv).’’;
(ii) in clause (iii), in the matter preceding subclause
(I), by inserting ‘‘automate the process, to the maximum extent practicable, and’’ before ‘‘determine’’; and
(iii) in clause (iv)—
(I) in the matter preceding subclause (I), by
striking ‘‘shall determine if—’’ and inserting
‘‘shall—’’;
(II) in subclause (I)—
(aa) by inserting ‘‘determine if’’ before ‘‘the
application and’’; and
(bb) by striking ‘‘and’’ at the end;
(III) in subclause (II)—
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(aa) by inserting ‘‘determine if’’ before ‘‘the
application, data,’’; and
(bb) by striking the period at the end and
inserting a semicolon; and
(IV) by adding at the end the following:
‘‘(III) determine, if applicable, whether an
application qualifies for a reduced risk determination under subsection (c)(10) or (h) of section 3;
‘‘(IV) grant or deny any data waiver requests
submitted by the applicant with the application;
‘‘(V) verify and validate the accuracy of the
fee category selected by the applicant; and
‘‘(VI) notify the applicant, in writing, if a new
or different fee category is required and calculate
the new decision review time based on the original
submission date.’’; and
(B) by striking subparagraph (E) and inserting the
following:
‘‘(E) APPLICATIONS FOR REDUCED RISK.—
‘‘(i) FEE.—If an application for a reduced risk new
active ingredient or a reduced risk new use is determined not to qualify as reduced risk, the applicant
shall pay the difference in fee for the corresponding
non-reduced risk application.
‘‘(ii) DECISION REVIEW TIME PERIOD.—After receipt
by the Administrator of the original covered reduced
risk application and fee, the decision time review period
for the corresponding non-reduced risk application
shall begin within the time periods described in
subparagraph (A), based on the submission date of
the original covered reduced risk application.’’; and
(3) by striking paragraph (5) and inserting the following:
‘‘(5) EXTENSION OF DECISION TIME REVIEW PERIOD.—
‘‘(A) NOTIFICATION.—If the Administrator cannot meet
a decision time review period under this subsection, the
Administrator shall notify the applicant, in writing, of—
‘‘(i) the reasons why additional time is needed;
and
‘‘(ii) the number of days needed that would allow
the Administrator to make a regulatory decision.
‘‘(B) EXTENSION BY NEGOTIATION OR MUTUAL AGREEMENT.—The Administrator, acting solely through the
Director of the Office of Pesticide Programs, and the
applicant may mutually agree, in writing, to extend a decision time review period under this subsection if—
‘‘(i) there is new or additional data or information
from the applicant that is necessary for the Administrator to make a decision on the application that cannot
be made available within the original decision time
review period; or
‘‘(ii) a public comment period associated with the
application generates significant comments that cannot
be addressed within the original decision time review
period.
‘‘(C) PRIORITY.—Once a decision time review period
for a covered action described in subsection (b)(3)(B) is
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Determination.
Waivers.
Verification.
Notification.
Data.
PUBL328
136 STAT. 6014
Time periods.
Summary.
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PUBLIC LAW 117–328—DEC. 29, 2022
missed or extended, the Administrator shall make any
action on the application a priority.’’.
(f) REPORTS AND INFORMATION TECHNOLOGY.—Section 33 of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w–8) is amended by striking subsection (k) and inserting the
following:
‘‘(k) REPORTS AND INFORMATION TECHNOLOGY.—
‘‘(1) REPORTS.—
‘‘(A) IN GENERAL.—Not later than 120 days after the
last day of each of fiscal years 2023 through 2027, the
Administrator shall publish an annual report describing—
‘‘(i) actions taken under this section;
‘‘(ii) registrant submissions not covered by subsection (b)(3)(B);
‘‘(iii) the initial content and preliminary technical
screenings required in subsection (f)(4)(B); and
‘‘(iv) staffing relating to implementing the Pesticide
Registration Improvement Act of 2022 and the amendments made by that Act.
‘‘(B) CONTENTS.—Each report published under subparagraph (A) shall include a summary of the following information:
‘‘(i) ACTIONS UNDER THIS SECTION.—To the extent
practicable, data for each action taken under this section that is completed during the fiscal year covered
by the report or pending at the conclusion of that
fiscal year, organized by registering division,
including—
‘‘(I) the Action Code;
‘‘(II) the application receipt date;
‘‘(III) the electronic portal tracking number
assigned to the application at the time of submission to the electronic submission portal or the
Environmental
Protection
Agency
tracking
number;
‘‘(IV) the original decision due date based on
the Action Code;
‘‘(V) the dates of any renegotiations and the
renegotiated due dates, if applicable;
‘‘(VI) the reasons for each renegotiation, if
applicable;
‘‘(VII) if the submission had to be recoded,
reassigned codes, if applicable;
‘‘(VIII) the date that the submission was
recoded, if applicable;
‘‘(IX) the decision completion date, if the action
has been completed;
‘‘(X) the status of the action, which may be—
‘‘(aa) failed initial content screen;
‘‘(bb) failed preliminary technical screen;
‘‘(cc) approved;
‘‘(dd) withdrawn;
‘‘(ee) denied;
‘‘(ff) do not grant; or
‘‘(gg) pending;
‘‘(XI) the reason for any denial or do not grant
decision, if applicable;
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6015
‘‘(XII) a review of the progress made in carrying out each requirement of subsections (e) and
(f), including, to the extent determined appropriate
by the Administrator and consistent with the
authorities of the Administrator and limitations
on delegation of functions by the Administrator,
recommendations for the allowance and use of
summaries of acute toxicity studies;
‘‘(XIII) a review of the progress in carrying
out section 3(g), including—
‘‘(aa) the number of pesticides or pesticide
cases reviewed and the number of registration
review decisions completed, including—
‘‘(AA) the number of cases cancelled;
‘‘(BB) the number of cases requiring
risk mitigation measures;
‘‘(CC) the number of cases removing
risk mitigation measures;
‘‘(DD) the number of cases with no
risk mitigation needed; and
‘‘(EE) the number of cases in which
risk mitigation has been fully implemented;
‘‘(XIV) a review of the progress made toward
implementing enhancements to—
‘‘(aa) the electronic tracking of conditional
registrations; and
‘‘(bb) the endangered species database;
‘‘(XV) a review of the progress made in
updating the Pesticide Incident Data System,
including progress toward making the information
contained in the System available to the public
(as the Administrator determines is appropriate);
‘‘(XVI) an assessment of the public availability
of summary pesticide usage data;
‘‘(XVII) the number of the active ingredients
approved, new uses, and pesticide end use products
granted in connection with the Design for the
Environment program (or any successor program)
of the Environmental Protection Agency;
‘‘(XVIII) with respect to funds in the Reregistration and Expedited Processing Fund described
under section 4(k), a review that includes—
‘‘(aa) a description of the amount and use
of such funds—
‘‘(AA) to carry out activities relating
to worker protection under subparagraphs
(G) and (H) of section 4(i)(1);
‘‘(BB) to award partnership grants
under subparagraph (I) of such section;
and
‘‘(CC) to carry out the pesticide safety
education program under subparagraph
(J) of such section;
‘‘(bb) an evaluation of the appropriateness
and effectiveness of the activities, grants, and
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Review.
Review.
Review.
Review.
Assessment.
Evaluation.
PUBL328
136 STAT. 6016
PUBLIC LAW 117–328—DEC. 29, 2022
program under subparagraphs (G), (H), (I),
and (J) of such section;
‘‘(cc) a description of how stakeholders are
engaged in the decision to fund such activities,
grants, and program in accordance with the
stakeholder input provided under such subparagraphs; and
‘‘(dd) with respect to activities relating to
worker protection carried out under subparagraphs (G) and (H) of section 4(i)(1), a summary of the analyses from stakeholders,
including from worker community-based
organizations, on the appropriateness and
effectiveness of such activities.
‘‘(XIX) beginning two years after enactment,
report on the progress of meeting the deadlines
listed in paragraph (5) of section 3(f); and
‘‘(XX) a review of progress made in implementing the pesticide surveillance program
referred to in paragraph (8) of section 4(k).
‘‘(ii) REGISTRANT SUBMISSIONS NOT COVERED BY
SECTION 33(B)(3)(B).—Each registrant submission not
covered by subsection (b)(3)(B), that is completed
during the fiscal year covered by the report or pending
at the conclusion of that fiscal year, organized by registering division, including—
‘‘(I) the submission date;
‘‘(II) the electronic portal tracking number
assigned to the application at the time of the
submission of the application to the electronic
submission portal;
‘‘(III) the type of regulatory action, as defined
by statute or guidance document, and the specific
label action;
‘‘(IV) the status of the action;
‘‘(V) the due date;
‘‘(VI) the reason for the outcome; and
‘‘(VII) the completion date, if applicable.
‘‘(iii) SCREENING PROCESS.—Data for the initial content screens and preliminary technical screens that
are completed during the fiscal year covered by the
report or pending at the conclusion of that fiscal year,
organized by registering division, including—
‘‘(I) the number of applications successfully
passing each type of screen;
‘‘(II) the number of applications that failed
the screening process for each type of screen;
‘‘(III) the number of notifications issued by
the Administrator under subsection (f)(4)(B)(ii)(II);
‘‘(IV) the number of notifications issued by
the Administrator under subsection (f)(4)(B)(ii)(I)
and the number of applications resulting in a rejection; and
‘‘(V) the number of notifications issued under
section 152.105 of title 40, Code of Federal Regulations (or successor regulations), and to the extent
practicable, the reasons for that issuance.
Time period.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6017
‘‘(iv) STAFFING.—Data on the staffing relating to
work covered under the Pesticide Registration Improvement Act of 2022 and the amendments made by that
Act, organized by registering division, including—
‘‘(I) the number of new hires and personnel
departures;
‘‘(II) the number of full-time equivalents at
the end of each fiscal year;
‘‘(III) the number of full-time equivalents
working on registration review activities; and
‘‘(IV) the number of full-time equivalents
working on registrant submissions not covered by
subsection (b)(3)(B).
‘‘(C) PUBLICATION.—The Administrator shall publish
each report under subparagraph (A)—
‘‘(i) on the website of the Environmental Protection
Agency; and
‘‘(ii) by such other methods as the Administrator
determines to be the most effective for efficiently
disseminating the report.
‘‘(2) INFORMATION TECHNOLOGY.—
‘‘(A) SYSTEM.—Not later than 1 year after the date
of enactment of the Pesticide Registration Improvement
Act of 2022, the Administrator shall establish an information technology system that—
‘‘(i) includes all registering divisions in the Office
of Pesticide Programs;
‘‘(ii) provides a real-time, accurate, tracking system
for all regulatory submissions to the Office of Pesticide
Programs;
‘‘(iii) provides a real-time, accessible information
that provides each applicant confidential, online access
to the status and progress of the regulatory submissions of the applicant; and
‘‘(iv) updates the electronic submission portal—
‘‘(I) to ensure that label reviews are limited
to current label changes, to the maximum extent
practicable;
‘‘(II) to automate, to the extent practicable,
minor, low risk regulatory actions; and
‘‘(III) to allow self-certification of certain regulatory actions, as determined by the Administrator.
‘‘(B) ACCESS TO REGISTRATION DATA AND DECISIONS.—
The Administrator shall implement efforts to expand
existing, and develop new, information technology tools
and databases to improve access by Environmental Protection Agency employees to data used to fulfill registrations,
and public access to information about regulatory decisionmaking tools, including opportunities for—
‘‘(i) analysis of the impact of submitted studies
on Environmental Protection Agency assessments and
decisions;
‘‘(ii) facilitation of read-across or computational
model development to help fill information gaps;
‘‘(iii) tracking and reporting submission and decision metrics relating to the use and acceptance of
test methods; and
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Data.
Web posting.
Determination.
Deadline.
Updates.
PUBL328
136 STAT. 6018
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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
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EPA
No.
VerDate Sep 11 2014
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New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R010
1
New Active Ingredient, Food use. (2)
(3)
36
1,079,356
R020
2
New Active Ingredient, Food use; reduced risk. (2) (3)
27
899,464
R040
3
New Active Ingredient, Food use; 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)
18
662,883
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6019
‘‘TABLE 1. — REGISTRATION DIVISION (RD) — NEW ACTIVE
INGREDIENTS—Continued
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No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R060
4
New Active Ingredient, Non-food use;
outdoor. (2) (3)
30
749,886
R070
5
New Active Ingredient, Non-food use;
outdoor; reduced
risk. (2) (3)
24
624,905
R090
6
New Active Ingredient, Non-food use;
outdoor; Experimental Use Permit
application; submitted before application for registration; credit 45% of
fee toward new active ingredient application that follows. (3) (4)
16
463,930
R110
7
New Active Ingredient, Non-food use;
indoor. (2) (3) (4)
20
417,069
R120
8
New Active Ingredient, Non-food use;
indoor; reduced
risk. (2) (3) (4)
14
347,556
R121
9
New Active Ingredient, Non-food use;
indoor; Experimental Use Permit
application; submitted before application for registration; credit 45% of
fee toward new active ingredient application that follows. (3) (4)
18
261,322
R122
10
Enriched isomer(s) of
registered mixedisomer active ingredient. (2) (3)
27
454,526
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PUBL328
136 STAT. 6020
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 1. — REGISTRATION DIVISION (RD) — NEW ACTIVE
INGREDIENTS—Continued
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R123
11
New Active Ingredient, Seed treatment only; includes
agricultural and
non-agricultural
seeds; non-food use,
not requiring a tolerance. (2) (3)
27
676,296
R126
12
(new)
New Active Ingredient, Seed treatment only; limited
uptake into raw agricultural commodities; use requiring
a tolerance. (2) (3)
31
743,925
R125
13
New Active Ingredient, Seed treatment; Experimental
Use Permit application; submitted before application for
registration; credit
45% of fee toward
new active ingredient application
that follows. (3) (4)
16
463,930
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(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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
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No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R130
14
First food use; indoor;
food/food handling.
(2) (3) (5)
23
274,388
R140
15
Additional food use;
Indoor; food/food
handling. (3) (4) (5)
17
64,028
R150
16
First food use. (2) (3)
(5)
23
454,490
R155
17
First food use, Experimental Use Permit
application; active
ingredient registered for non-food
use. (3) (4) (5)
21
378,742
R160
18
First food use; reduced risk. (2) (3)
(5)
18
378,742
R170
19
Additional food use.
(3) (4) (5)
17
113,728
R175
20
Additional food uses
covered within a
crop group resulting
from the conversion
of existing approved
crop group(s) to one
or more revised
crop groups. (3) (4)
(5)
14
94,774
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PUBL328
136 STAT. 6022
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 2. — REGISTRATION DIVISION (RD) — NEW USES—
Continued
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EPA
No.
VerDate Sep 11 2014
13:11 Aug 01, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R180
21
Additional food use;
reduced risk. (3) (4)
(5)
12
94,774
R190
22
Additional food uses;
6 or more submitted
in one application.
(3) (4) (5)
17
682,357
R200
23
Additional Food Use;
6 or more submitted
in one application;
Reduced Risk. (3)
(4) (5)
12
568,632
R210
24
Additional food use;
Experimental Use
Permit application;
establish temporary
tolerance; no credit
toward new use registration. (3) (4) (5)
12
70,210
R220
25
Additional food use;
Experimental Use
Permit application;
crop destruct basis;
no credit toward
new use registration. (3) (4) (5)
6
28,434
R230
26
Additional use; nonfood; outdoor. (3) (4)
(5)
16
45,453
R240
27
Additional use; nonfood; outdoor; reduced risk. (3) (4)
(5)
10
37,878
R250
28
Additional use; nonfood; outdoor; Experimental Use Permit application; no
credit toward new
use registration. (3)
(4) (5)
6
28,434
R251
29
Experimental Use
Permit application
which requires no
changes to the tolerance(s); non-crop
destruct basis. (3)
(5)
8
28,434
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6023
‘‘TABLE 2. — REGISTRATION DIVISION (RD) — NEW USES—
Continued
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EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R260
30
New use; non-food; indoor. (3) (4) (5)
12
21,954
R270
31
New use; non-food; indoor; reduced risk.
(3) (4) (5)
9
18,296
R271
32
New use; non-food; indoor; Experimental
Use Permit application; no credit toward new use registration. (3) (4) (5)
6
13,940
R273
33
Additional use; seed
treatment only; use
not requiring a new
tolerance; includes
crops with established tolerances
(e.g., for soil or
foliar application).
(3) (4) (5)
12
72,302
R274
34
Additional use; seed
treatment only; 6 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)
12
433,793
R276
35
(new)
Additional use, seed
treatment only; limited uptake into
raw agricultural
commodities; use
requiring a tolerance. (3) (4) (5)
14
79,560
R277
36
(new)
Additional use, seed
treatment only; 6 or
more submitted in
one application; limited uptake into
raw agricultural
commodities; use
requiring a tolerance. (3) (4) (5)
14
477,360
(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.
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PUBL328
136 STAT. 6024
PUBLIC LAW 117–328—DEC. 29, 2022
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(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.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6025
‘‘TABLE 3. — REGISTRATION DIVISION (RD) — IMPORT AND
OTHER TOLERANCES
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EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R280
37
Establish tolerances
for residues in imported commodities;
new active ingredient or first food
use. (2)
22
457,311
R290
38
Establish tolerances
for residues in imported commodities;
Additional new food
use.
16
91,465
R291
39
Establish tolerances
for residues in imported commodities;
additional food
uses; 6 or more
crops submitted in
one petition.
16
548,773
R292
40
Amend an established
tolerance (e.g., decrease or increase)
and/or harmonize
established tolerances with Codex
Maximum Residue
Limits; domestic or
import; applicantinitiated.
12
64,987
R293
41
Establish tolerance(s)
for inadvertent residues in one crop;
applicant-initiated.
13
76,656
R294
42
Establish tolerances
for inadvertent residues; 6 or more
crops submitted in
one application; applicant-initiated.
13
459,922
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136 STAT. 6026
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 3. — REGISTRATION DIVISION (RD) — IMPORT AND
OTHER TOLERANCES—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
13:11 Aug 01, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R295
43
Establish tolerance(s)
for residues in one
rotational crop in
response to a specific rotational crop
application; submission of corresponding label
amendments which
specify the necessary plant-back
restrictions; applicant-initiated. (3)
(4)
16
94,774
R296
44
Establish tolerances
for residues in rotational crops in response to a specific
rotational crop petition; 6 or more
crops submitted in
one application;
submission of corresponding label
amendments which
specify the necessary plant-back
restrictions; applicant-initiated. (3)
(4)
16
568,632
R297
45
Amend 6 or more established tolerances
(e.g., decrease or increase) in one petition; domestic or
import; applicantinitiated.
12
389,897
R298
46
Amend an established
tolerance (e.g., decrease or increase);
domestic or import;
submission of corresponding amended labels (requiring
science review). (3)
(4)
14
83,940
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6027
‘‘TABLE 3. — REGISTRATION DIVISION (RD) — IMPORT AND
OTHER TOLERANCES—Continued
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R299
47
Amend 6 or more established tolerances
(e.g., decrease or increase); domestic or
import; submission
of corresponding
amended labels (requiring science review). (3) (4)
14
408,853
R281
48
(new)
Establish tolerances
for residues in imported commodities;
additional new food
use; submission of
residue chemistry
data review conducted by Codex or
other competent national regulatory
authority.
12
68,599
R282
49
(new)
Establish tolerances
for residues in 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.
12
411,580
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(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.
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136 STAT. 6028
PUBLIC LAW 117–328—DEC. 29, 2022
kcroghan on LAP7511N33PROD with PUBLAWS
(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.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6029
‘‘TABLE 4. — REGISTRATION DIVISION (RD) — NEW
PRODUCTS
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EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service
Fee
($)
R300
50
New product; or similar
combination 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)
4
2,270
R301
51
New product; or similar
combination 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)
4
2,720
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136 STAT. 6030
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 4. — REGISTRATION DIVISION (RD) — NEW
PRODUCTS—Continued
EPA
No.
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R310
VerDate Sep 11 2014
13:11 Aug 01, 2023
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New
CR
No.
52
Frm 01572
Decision
Review Time
(Months)(1)
Action
New end-use or manufacturing-use product
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)
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7
E:\PUBLAW\PUBL328.117
Registration
Service
Fee
($)
10,466
PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6031
‘‘TABLE 4. — REGISTRATION DIVISION (RD) — NEW
PRODUCTS—Continued
EPA
No.
kcroghan on LAP7511N33PROD with PUBLAWS
R314
VerDate Sep 11 2014
13:11 Aug 01, 2023
New
CR
No.
53
Jkt 039139
Decision
Review Time
(Months)(1)
Action
New end-use product
containing up to 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)
PO 00328
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8
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Registration
Service
Fee
($)
12,364
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136 STAT. 6032
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 4. — REGISTRATION DIVISION (RD) — NEW
PRODUCTS—Continued
EPA
No.
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R319
VerDate Sep 11 2014
13:11 Aug 01, 2023
Jkt 039139
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New
CR
No.
54
Frm 01574
Decision
Review Time
(Months)(1)
Action
New end-use product
containing up to three
registered active ingredients never before
registered as this combination in a formulated product; new
product label is identical or substantially
similar to the labels of
currently registered
products which separately contain the respective component active ingredients; excludes products requiring or citing an animal
safety study; requires
review of data package
within RD only; includes data and/or
waivers of data for
only:
1. product chemistry
and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy (4) - for 4 to 7 target pests. (2) (3)
Fmt 6580
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10
E:\PUBLAW\PUBL328.117
Registration
Service
Fee
($)
18,097
PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6033
‘‘TABLE 4. — REGISTRATION DIVISION (RD) — NEW
PRODUCTS—Continued
EPA
No.
kcroghan on LAP7511N33PROD with PUBLAWS
R318
VerDate Sep 11 2014
13:11 Aug 01, 2023
New
CR
No.
55
Jkt 039139
Decision
Review Time
(Months)(1)
Action
New end-use product
containing four or
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)
PO 00328
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9
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Registration
Service
Fee
($)
18,994
E:\PUBLAW\PUBL328.117
PUBL328
136 STAT. 6034
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 4. — REGISTRATION DIVISION (RD) — NEW
PRODUCTS—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
13:11 Aug 01, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service
Fee
($)
R321
56
New end-use product
containing four or
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)
11
24,727
R315
57
New end-use on-animal
product, registered
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)
9
14,075
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6035
‘‘TABLE 4. — REGISTRATION DIVISION (RD) — NEW
PRODUCTS—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service
Fee
($)
R316
58
New end-use or manufacturing-use product
with registered
source(s) of active ingredient(s) including
products containing
two or more registered
active ingredients previously combined in
other registered products; excludes products
requiring or citing an
animal safety study;
and requires review of
data and/or waivers
for only:
1. product chemistry
and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy - for 4 to 7 target
pests. (2) (3) (4)
9
16,199
R317
59
New end-use or manufacturing-use product
with registered
source(s) of active ingredient(s) including
products containing
two or more registered
active ingredients previously combined in
other registered products; excludes products
requiring or citing an
animal safety study;
and requires review of
data and/or waivers
for only:
1. product chemistry
and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. Pest(s) requiring efficacy - for greater than
7 target pests, (2) (3)
(4)
10
21,932
13:11 Aug 01, 2023
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PUBL328
136 STAT. 6036
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 4. — REGISTRATION DIVISION (RD) — NEW
PRODUCTS—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
13:11 Aug 01, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service
Fee
($)
R320
60
New product; new physical form; requires
data review in science
divisions. (2) (3) (5)
12
18,958
R331
61
New product; repack of
identical registered
end-use product as a
manufacturing-use
product; same registered uses only. (2)
(3)
3
3,627
R332
62
New manufacturing-use
product; registered 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)
24
405,919
R333
63
New product; manufacturing-use product or
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)
11
28,434
R334
64
New product; manufacturing-use product or
end-use product with
unregistered source of
the active ingredient;
requires science data
review; new physical
form; etc. Selective
data citation. (2) (3)
12
33,108
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6037
‘‘TABLE 4. — REGISTRATION DIVISION (RD) — NEW
PRODUCTS—Continued
EPA
No.
kcroghan on LAP7511N33PROD with PUBLAWS
R361
VerDate Sep 11 2014
13:11 Aug 01, 2023
New
CR
No.
65
(new)
Jkt 039139
Decision
Review Time
(Months)(1)
Action
New end-use product
containing up to 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)
PO 00328
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12
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Registration
Service
Fee
($)
23,400
E:\PUBLAW\PUBL328.117
PUBL328
136 STAT. 6038
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 4. — REGISTRATION DIVISION (RD) — NEW
PRODUCTS—Continued
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service
Fee
($)
R362
66
(new)
New end-use product
containing four or
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)
13
25,350
R363
67
(new)
New product; repack of
identical registered
manufacturing-use
product as an end-use
product; same registered uses only, with
no additional data. (2)
(3)
6
7,800
kcroghan on LAP7511N33PROD with PUBLAWS
(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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
EPA
No.
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R340
VerDate Sep 11 2014
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New
CR
No.
68
Jkt 039139
Decision
Review Time
(Months)(1)
Action
Amendment requiring
data review within
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)
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($)
7,150
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136 STAT. 6040
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 5. — REGISTRATION DIVISION (RD) —
AMENDMENTS—Continued
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EPA
No.
VerDate Sep 11 2014
13:11 Aug 01, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R341
69
Amendment requiring
data review within
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)
6
8,584
R345
70
Amending on-animal
products previously
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)
7
12,643
R350
71
Amendment requiring
data review in
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)
9
18,958
R351
72
Amendment adding a
new unregistered
source of active ingredient. (2) (3)
8
18,958
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6041
‘‘TABLE 5. — REGISTRATION DIVISION (RD) —
AMENDMENTS—Continued
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R352
73
Amendment adding
already approved
uses; selective
method of support;
does not apply if
the applicant owns
all cited data. (2) (3)
8
18,958
R371
74
Amendment to Experimental Use Permit;
(does not include
extending a permit’s time period).
(3)
6
14,463
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(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.
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136 STAT. 6042
PUBLIC LAW 117–328—DEC. 29, 2022
(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
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
R124
75
Conditional Ruling on
Pre-application
Study Waivers; applicant-initiated.
6
3,627
R272
76
Review of Study Protocol applicant- initiated; excludes
Data Analysis Reporting Tool, preregistration conference, Rapid Response review, developmental
neurotoxicity protocol review, protocol needing
Human Studies Review Board review,
companion animal
safety protocol.
3
3,627
R275
77
Rebuttal of Agency reviewed protocol, applicant initiated.
3
3,627
R278
78
(new)
Review of Protocol for
companion animal
safety study.
5
4,927
R279
79
(new)
Comparative product
determination for
reduced risk submission, applicant
initiated; submitted
before application
for reduced risk
new active ingredient or reduced
risk new use.
3
5,200
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(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.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6043
‘‘TABLE 7. — ANTIMICROBIAL DIVISION (AD) — NEW ACTIVE
INGREDIENTS
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
A380
80
New Active Ingredient; Indirect Food
use; establish tolerance or tolerance
exemption if required. (2) (3) (4)
26
227,957
A390
81
New Active Ingredient; Direct Food
use; establish tolerance or tolerance
exemption if required. (2) (3) (4)
26
329,265
A410
82
New Active Ingredient
Non-food use. (2) (3)
(4)
23
278,659
A431
83
New Active Ingredient, Non-food use;
low-risk. (2) (3) (4)
14
114,984
kcroghan on LAP7511N33PROD with PUBLAWS
(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.
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136 STAT. 6044
PUBLIC LAW 117–328—DEC. 29, 2022
(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
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EPA
No.
VerDate Sep 11 2014
13:11 Aug 01, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
A440
84
New Use, Indirect
Food Use, establish
tolerance or tolerance exemption. (2)
(3) (4) (6)
23
45,737
A441
85
Additional Indirect
food uses; establish
tolerances or tolerance exemptions if
required; 6 or more
submitted in one
application. (3) (4)
(5) (6)
23
164,639
A450
86
New use, Direct food
use, establish tolerance or tolerance
exemption. (2) (3)
(4) (6)
23
137,198
A451
87
Additional Direct food
uses; establish tolerances or tolerance
exemptions if required; 6 or more
submitted in one
application. (3) (4)
(5) (6)
22
261,333
A500
88
New use, non-food. (4)
(5) (6)
15
45,737
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6045
‘‘TABLE 8. — ANTIMICROBIAL DIVISION (AD) — NEW USES—
Continued
EPA
No.
A501
New
CR
No.
89
Decision
Review Time
(Months)(1)
Action
New use, non-food; 6
or more submitted
in one application.
(4) (5) (6)
17
Registration
Service Fee
($)
109,764
kcroghan on LAP7511N33PROD with PUBLAWS
(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.
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136 STAT. 6046
PUBLIC LAW 117–328—DEC. 29, 2022
(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
EPA
No.
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CR
No.
90
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Decision
Review Time
(Months)(1)
Action
New product, identical or 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)
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Registration
Service Fee
($)
1,833
PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6047
‘‘TABLE 9. — ANTIMICROBIAL DIVISION (AD) — NEW
PRODUCTS AND AMENDMENTS—Continued
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EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
A531
91
New product; identical or substantially similar in
composition and use
to a registered product; registered
source of active ingredient: selective
data citation only
for data on product
chemistry and/or
acute toxicity and/or
public health pest
efficacy, where applicant does not
own all required
data and does not
have a specific authorization letter
from data owner.
(2) (3)
4
2,616
A532
92
New product; identical or substantially similar in
composition and use
to a registered product; registered active ingredient; unregistered source of
active ingredient;
cite-all data citation
except for product
chemistry; product
chemistry data submitted. (2) (3)
5
7,322
A550
93
New end-use product;
uses other than
FIFRA §2(mm);
non-FQPA product.
(2) (3) (5)
9
18,958
A560
94
New manufacturinguse product; registered active ingredient; selective data
citation. (2) (3)
6
18,054
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136 STAT. 6048
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 9. — ANTIMICROBIAL DIVISION (AD) — NEW
PRODUCTS AND AMENDMENTS—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
13:11 Aug 01, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
A565
95
New manufacturinguse product; registered active ingredient; unregistered
source of active ingredient; submission of new generic
data package; registered uses only;
requires science review. (2) (3)
18
26,135
A572
96
New Product or
amendment requiring 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)
9
18,958
A460
97
(new)
New end-use product;
FIFRA §2(mm) uses
only; 0 to 10 public
health organisms.
(2) (3) (5) (6)
5
7,322
A461
98
(new)
New end-use product;
FIFRA §2(mm) uses
only; 11 to 20 public
health organisms.
(2) (3) (5) (6)
6
10,158
A462
99
(new)
New end-use product;
FIFRA §2(mm) uses
only; 21 to 30 public
health organisms.
(2) (3) (5) (6)
7
12,995
A463
100
(new)
New end-use product;
FIFRA §2(mm) uses
only; 31 to 40 public
health organisms.
(2) (3) (5) (6)
9
15,831
A464
101
(new)
New end-use product;
FIFRA §2(mm) uses
only; 41 to 50 public
health organisms.
(2) (3) (5) (6)
10
18,668
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6049
‘‘TABLE 9. — ANTIMICROBIAL DIVISION (AD) — NEW
PRODUCTS AND AMENDMENTS—Continued
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
A465
102
(new)
New end-use product;
FIFRA §2(mm) uses
only; 51 or more
public health organisms. (2) (3) (5) (6)
11
21,505
A470
103
(new)
Label amendment requiring data review;
0 to 10 public
health organisms.
(3) (4) (5) (6)
4
5,493
A471
104
(new)
Label amendment requiring data review;
11 to 20 public
health organisms.
(3) (4) (5) (6)
5
8,506
A472
105
(new)
Label amendment requiring data review;
21 to 30 public
health organisms.
(3) (4) (5) (6)
6
10,219
A473
106
(new)
Label amendment requiring data review;
31 to 40 public
health organisms.
(3) (4) (5) (6)
7
11,933
A474
107
(new)
Label amendment requiring data review;
41 to 50 public
health organisms.
(3) (4) (5) (6)
8
13,646
A475
108
(new)
Label amendment requiring data review;
51 or more public
health organisms.
(3) (4) (5) (6)
9
15,766
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(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.
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136 STAT. 6050
PUBLIC LAW 117–328—DEC. 29, 2022
(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
EPA
No.
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Review Time
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Action
Experimental Use
Permit application,
non-food use. (2) (3)
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Registration
Service Fee
($)
9,151
PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6051
‘‘TABLE 10. — ANTIMICROBIAL DIVISION (AD) — EXPERIMENTAL USE PERMITS AND OTHER ACTIONS—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
A521
110
Review of public
health efficacy
study protocol within AD, per AD Internal Guidance for
the Efficacy Protocol Review Process; Code will also
include review of
public health efficacy study protocol;
applicant-initiated;
Tier 1.
6
6,776
A522
111
Review of public
health efficacy
study protocol outside AD by members of AD Efficacy
Protocol Review Expert Panel; Code
will also include review of public
health efficacy
study protocol; applicant-initiated;
Tier 2.
12
17,424
A537
112
New Active Ingredient/New Use, Experimental Use Permit application; Direct food use; Establish tolerance or tolerance exemption if
required. Credit
45% of fee toward
new active ingredient/new use application that follows.
(3)
18
219,512
A538
113
New Active Ingredient/New Use, Experimental Use Permit application; Indirect food use; Establish tolerance or
tolerance exemption
if required Credit
45% of fee toward
new active ingredient/new use application that follows.
(3)
18
137,198
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136 STAT. 6052
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 10. — ANTIMICROBIAL DIVISION (AD) — EXPERIMENTAL USE PERMITS AND OTHER ACTIONS—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
13:11 Aug 01, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
A539
114
New Active Ingredient/New Use, Experimental Use Permit application;
Nonfood use. Credit
45% of fee toward
new active ingredient/new use application that follows.
(3)
15
132,094
A529
115
Amendment to Experimental Use Permit;
requires data review or risk assessment. (2) (3)
9
16,383
A523
116
Review of protocol
other than a public
health efficacy
study (i.e., Toxicology or Exposure
Protocols).
9
17,424
A571
117
Science reassessment:
refined ecological
risk, and/or endangered species; applicant-initiated. (3)
18
137,198
A533
118
Exemption from the
requirement of an
Experimental Use
Permit. (2)
4
3,559
A534
119
Rebuttal of Agency reviewed protocol, applicant initiated.
4
6,776
A535
120
Conditional ruling on
pre-application
study waiver or
data bridging argument; applicant-initiated.
6
3,454
A536
121
Conditional ruling on
pre-application direct food, indirect
food, nonfood use
determination; applicant-initiated.
4
3,559
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6053
‘‘TABLE 10. — ANTIMICROBIAL DIVISION (AD) — EXPERIMENTAL USE PERMITS AND OTHER ACTIONS—Continued
EPA
No.
A575
New
CR
No.
122
(new)
Decision
Review Time
(Months)(1)
Action
Efficacy similarity determination; if two
products can be
bridged or if confirmatory efficacy
data are needed.
4
Registration
Service Fee
($)
3,389
(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
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EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B580
123
New active ingredient; petition to establish a tolerance.
(2) (3) (4)
22
73,173
B590
124
New active ingredient; petition to establish a tolerance
exemption. (2) (3)
(4)
20
45,737
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PUBL328
136 STAT. 6054
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 11. — BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) — NEW ACTIVE INGREDIENTS—
Continued
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B600
125
New active ingredient; no change to
a permanent tolerance or tolerance
exemption (includes
non-food uses). (2)
(3) (4)
15
27,443
B610
126
New active ingredient; Experimental
Use Permit application; petition to establish a permanent
or temporary tolerance or temporary
tolerance exemption. (3) (4)
12
18,296
B620
127
New active ingredient; Experimental
Use Permit application; non-food use
(includes crop destruct). (3) (4)
9
9,151
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(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.
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
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
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B630
128
First food use; petition to establish/
amend a tolerance
exemption. (2) (4)
(5)
13
18,296
B640
129
First food use; petition to establish/
amend a tolerance.
(2) (4) (5)
19
27,443
B644
130
New use, no change to
an established tolerance or tolerance
exemption (includes
non-food uses). (3)
(4) (5)
8
18,296
B645
131
New use; Experimental Use Permit;
petition to establish
a permanent or
temporary tolerance
or tolerance exemption. (4) (5)
12
18,296
B646
132
New use; Experimental Use Permit;
non-food use (includes crop destruct). (4) (5)
7
9,151
(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.
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136 STAT. 6056
PUBLIC LAW 117–328—DEC. 29, 2022
kcroghan on LAP7511N33PROD with PUBLAWS
(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.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6057
‘‘TABLE 13. — BIOPESTICIDES AND POLLUTION
PREVENTION DIVISION (BPPD) — NEW PRODUCTS
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EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B660
133
New product; registered source of active ingredient(s);
identical or substantially similar in
composition and use
to a registered product; no change in an
established tolerance or tolerance
exemption; no data
submission or data
matrix (or submission of product
chemistry data
only). (2) (3)
6
1,833
B670
134
New product; registered source of active ingredient(s);
no change in an established tolerance
or tolerance exemption; (including nonfood); Must address
Product-Specific
Data Requirements.
(2) (3)
9
7,322
B672
135
New product; unregistered source of at
least one active ingredient (or registered source with
new generic data
package); no change
in an established
tolerance or tolerance exemption (including non-food);
must address Product-Specific and Generic Data Requirements. (2) (3)
15
13,069
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136 STAT. 6058
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 13. — BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) — NEW PRODUCTS—Continued
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B673
136
New product; unregistered source of 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)
12
7,322
B674
137
New product; repack
of identical registered end-use
product or repack of
an end-use product
as a manufacturinguse product; same
registered uses
only. (2) (3)
4
1,833
B677
138
New end-use non-food
animal product 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)
12
12,643
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(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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B621
139
Amendment; Experimental Use Permit;
no change to an established temporary
or permanent tolerance or tolerance
exemption. (3) (4)
7
7,322
B622
140
Amendment; Experimental Use Permit;
petition to amend a
permanent or temporary tolerance or
tolerance exemption. (3) (4)
11
18,296
B641
141
Amendment; changes
to an established
tolerance or tolerance exemption. (4)
13
18,296
B680
142
Amendment; registered sources of
active ingredient(s);
no new use(s); no
changes to an established tolerance
or tolerance exemption; requires data
submission. (2) (3)
5
7,322
00:16 Jul 27, 2023
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136 STAT. 6060
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 14. — BIOPESTICIDES AND POLLUTION
PREVENTION DIVISION (BPPD) — AMENDMENTS—Continued
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B681
143
Amendment; unregistered source of active ingredient(s);
no change to an established tolerance
or tolerance exemption; requires data
submission. (2) (3)
7
8,714
B683
144
Amendment; no
change to an established 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)
6
7,322
B684
145
Amending non-food
animal product that
includes submission
of target animal
safety data; previously registered.
(2) (3)
8
12,643
B685
146
Amendment; add a
new biochemical 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)
5
7,322
kcroghan on LAP7511N33PROD with PUBLAWS
(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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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)
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B690
147
SCLP; new active ingredient; food or
non-food use. (2) (6)
(7)
7
3,662
B700
148
SCLP; Experimental
Use Permit application; new active ingredient or new use.
(6) (7)
7
1,833
B701
149
SCLP; Extend or
amend Experimental Use Permit.
(6) (7)
4
1,833
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136 STAT. 6062
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 15. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
STRAIGHT-CHAIN
LEPIDOPTERAN PHEROMONES (SCLP)—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
00:16 Jul 27, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B710
150
SCLP; new product;
registered source 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 manufacturinguse product). (3) (6)
4
1,833
B720
151
SCLP; new product;
registered source of
active ingredient(s);
no change in an established tolerance
or tolerance exemption (including nonfood); Must address
Product-Specific
Data Requirements.
(3) (6)
5
1,833
B721
152
SCLP: new product;
unregistered source
of active ingredient;
no change in an established tolerance
or tolerance exemption (including nonfood); must address
Product-Specific
and Generic Data
Requirements. (3)
(6)
7
3,836
B722
153
SCLP; new use and/or
amendment; petition to establish a
tolerance or tolerance exemption. (4)
(5) (6) (7)
7
3,552
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6063
‘‘TABLE 15. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
STRAIGHT-CHAIN
LEPIDOPTERAN PHEROMONES (SCLP)—Continued
EPA
No.
B730
New
CR
No.
154
Decision
Review Time
(Months)(1)
Action
SCLP; amendment requiring data submission. (4) (6)
5
Registration
Service Fee
($)
1,833
kcroghan on LAP7511N33PROD with PUBLAWS
(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.
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136 STAT. 6064
PUBLIC LAW 117–328—DEC. 29, 2022
(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
EPA
No.
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CR
No.
155
Frm 01606
Decision
Review Time
(Months)(1)
Action
Pre-application; Conditional Ruling on
rationales for addressing a data requirement in lieu of
data; applicant-initiated; applies to
one (1) rationale at
a time.
Fmt 6580
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3
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Registration
Service Fee
($)
3,627
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6065
‘‘TABLE 16. — BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) — OTHER ACTIONS—Continued
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B682
156
Protocol review; applicant initiated; excludes time for
Human Studies Review Board review
(Includes rebuttal of
protocol review).
3
3,487
B616
157
(new)
Pre-application; Conditional Ruling on a
non-food use determination.
5
4,715
B617
158
(new)
Pre-application; biochemical classification determination.
5
4,715
(1) A decision review time that would otherwise end on a Saturday, Sunday, or
Federal holiday, will be extended to end on the next business day.
‘‘TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
PLANT-INCORPORATED
PROTECTANTS (PIP)
EPA
No.
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B740
VerDate Sep 11 2014
00:16 Jul 27, 2023
New
CR
No.
159
Jkt 039139
Decision
Review Time
(Months)(1)
Action
Experimental Use
Permit application;
no petition for tolerance/tolerance exemption; includes:
1. non-food/feed use(s)
for a new (2) or registered (3) PIP (12);
2. food/feed use(s) for
a new or registered
PIP with crop destruct;
3. food/feed use(s) for
a new or registered
PIP in which an established tolerance/
tolerance exemption
exists for the intended use(s). (4)
(5) (12)
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9
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Service Fee
($)
137,198
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136 STAT. 6066
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
PLANT-INCORPORATED
PROTECTANTS (PIP)—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
00:16 Jul 27, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B750
160
Experimental Use
Permit application;
with a petition to
establish a temporary or permanent tolerance/tolerance exemption for
the active ingredient. Includes new
food/feed use for a
registered (3) PIP.
(4) (12)
12
182,927
B771
161
Experimental Use
Permit application;
new (2) PIP; with
petition to establish
a temporary tolerance/tolerance exemption for the active ingredient;
credit 75% of B771
fee toward registration application for
a new active ingredient that follows.
(5) (12)
13
182,927
B772
162
Application to amend
or extend a PIP Experimental Use Permit; no petition
since the established tolerance/tolerance exemption
for the active ingredient is unaffected.
(12)
3
18,296
B773
163
Application to amend
or extend a PIP Experimental Use Permit; with petition to
extend a temporary
tolerance/tolerance
exemption for the
active ingredient.
(12)
9
45,737
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6067
‘‘TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
PLANT-INCORPORATED
PROTECTANTS (PIP)—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B780
164
Registration application; new (2) PIP;
non-food/feed or
food/feed without
tolerance petition
based on an existing permanent tolerance exemption.
(5) (12) (14)
16
228,657
B800
165
Registration application; new (2) PIP;
with petition to establish permanent
tolerance/tolerance
exemption for the
active ingredient
based on an existing temporary tolerance/tolerance exemption. (5) (12)
(14)
17
246,949
B820
166
Registration application; new (2) PIP;
with petition to establish or amend a
permanent tolerance/tolerance exemption of an active
ingredient. (5) (12)
(14)
19
292,682
B851
167
Registration application; new event of a
previously registered PIP active
ingredient(s); no petition since permanent tolerance/tolerance exemption is
already established
for the active ingredient(s). (12)
9
182,927
00:16 Jul 27, 2023
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136 STAT. 6068
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
PLANT-INCORPORATED
PROTECTANTS (PIP)—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
00:16 Jul 27, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B870
168
Registration application; registered (3)
PIP; new product;
new use; no petition
since a permanent
tolerance/tolerance
exemption is already established
for the active ingredient(s). (4) (12)
(14)
9
54,881
B880
169
Registration application; registered (3)
PIP; new product or
new terms of registration; additional
data submitted; no
petition since a permanent tolerance/
tolerance exemption
is already established for the active
ingredient(s). (5) (6)
(7) (12) (14)
9
45,737
B883
170
Registration application; new (2) PIP,
seed increase with
negotiated acreage
cap and time-limited registration;
with petition to establish a permanent
tolerance/tolerance
exemption for the
active ingredient
based on an existing temporary tolerance/tolerance exemption. (5) (8) (12)
(14)
13
182,927
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6069
‘‘TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
PLANT-INCORPORATED
PROTECTANTS (PIP)—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B884
171
Registration application; new (2) PIP,
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)
19
228,657
B885
172
Registration application; registered (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)
6
45,737
B890
173
Application to amend
a seed increase registration; converts
registration to commercial registration;
no petition since
permanent tolerance/tolerance exemption is already
established for the
active ingredient(s).
(5) (12) (14)
9
91,465
B900
174
Application to amend
a registration, including actions such
as modifying an
IRM plan, or adding
an insect to be controlled. (5) (10) (11)
(12)
6
18,296
B902
175
PIP Protocol review.
3
9,151
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136 STAT. 6070
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
PLANT-INCORPORATED
PROTECTANTS (PIP)—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
00:16 Jul 27, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B903
176
Inert ingredient permanent tolerance
exemption; e.g., a
marker such as
NPT II; reviewed in
BPPD.
12
91,465
B904
177
Import tolerance or
tolerance exemption; processed commodities/food only
(inert or active ingredient).
12
182,927
B905
178
FIFRA Scientific Advisory Panel Review.
6
91,465
B906
179
Petition to establish a
temporary tolerance/tolerance exemption for one or
more active ingredients.
9
45,733
B907
180
Petition to establish a
permanent tolerance/tolerance exemption for one or
more active ingredients based on an
existing temporary
tolerance/tolerance
exemption.
9
18,296
B909
181
(new)
PIP tolerance exemption determination;
applicant-initiated;
request to determine if an existing
tolerance exemption
applies to a PIP.
6
18,296
B910
182
(new)
Biotechnology Notification for smallscale field testing of
genetically engineered microbes.
3
9,151
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6071
‘‘TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
PLANT-INCORPORATED
PROTECTANTS (PIP)—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B921
183
(new)
Experimental Use
Permit application;
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)
12
182,927
B922
184
(new)
Registration application; new active 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)
16
228,657
00:16 Jul 27, 2023
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136 STAT. 6072
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
PLANT-INCORPORATED
PROTECTANTS (PIP)—Continued
EPA
No.
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B923
VerDate Sep 11 2014
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CR
No.
185
(new)
Frm 01614
Decision
Review Time
(Months)(1)
Action
Experimental Use
Permit application;
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)
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Registration
Service Fee
($)
228,658
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6073
‘‘TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
PLANT-INCORPORATED
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EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B924
186
(new)
Registration application; new active 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)
19
292,682
B925
187
(new)
Experimental Use
Permit application;
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)
11
27,452
B926
188
(new)
Registration application; new active ingredient; exogenous
applications of RNA
to elicit the RNA interference pathway
in pests; non-food/
feed. (5) (12) (14)
17
82,329
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136 STAT. 6074
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
PLANT-INCORPORATED
PROTECTANTS (PIP)—Continued
kcroghan on LAP7511N33PROD with PUBLAWS
EPA
No.
VerDate Sep 11 2014
00:16 Jul 27, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B927
189
(new)
Experimental Use
Permit application;
exogenous applications of RNA to elicit the RNA interference pathway in
pests; with petition
to establish a temporary or permanent tolerance/tolerance exemption of
an active ingredient; credit 75% of
B927 fee toward
registration application for the new active ingredient that
follows (B928). (5)
(12)
14
54,889
B928
190
(new)
Registration application; new active ingredient; exogenous
applications of RNA
to elicit the RNA interference pathway
in pests; with petition to establish a
permanent tolerance/tolerance exemption of an active
ingredient. (5) (12)
(14)
22
137,210
B929
191
(new)
Registration application; new product,
registered active ingredient; exogenous
applications of RNA
to elicit the RNA interference pathway
in pests; no petition
since a permanent
tolerance/tolerance
exemption is already established
for the active ingredient(s). (5) (12)
10
7,322
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6075
‘‘TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION
DIVISION
(BPPD)
—
PLANT-INCORPORATED
PROTECTANTS (PIP)—Continued
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
B930
192
(new)
Application to amend
or extend a non-PIP
Emerging Technologies Experimental Use Permit;
no petition since the
established tolerance/tolerance exemption for the active ingredient is
unaffected. (12)
3
18,296
B931
193
(new)
Application to amend
or extend a non-PIP
Emerging Technologies Experimental Use Permit;
with petition to extend a temporary
tolerance/tolerance
exemption for the
active ingredient.
(12)
9
45,737
B932
194
(new)
Amendment; application to amend a
non-PIP Emerging
Technologies registration. (4) (5) (12)
6
18,296
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(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).
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136 STAT. 6076
PUBLIC LAW 117–328—DEC. 29, 2022
(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
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EPA
No.
VerDate Sep 11 2014
00:16 Jul 27, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
I001
195
Approval of new food
use inert ingredient. (2) (3)
15
38,698
I002
196
Amend currently approved inert ingredient tolerance or
exemption from tolerance; new data.
(2)
13
10,750
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6077
‘‘TABLE 18. — INERT INGREDIENTS—Continued
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EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
I003
197
Amend currently approved inert ingredient tolerance or
exemption from tolerance; no new
data. (2)
11
4,742
I004
198
Approval of new nonfood use inert ingredient. (2)
6
15,803
I005
199
Amend currently approved non-food use
inert ingredient
with new use pattern; new data. (2)
6
7,903
I006
200
Amend currently approved non-food use
inert ingredient
with new use pattern; no new data.
(2)
4
4,742
I007
201
Approval of substantially similar nonfood use inert ingredients when original inert is
compositionally
similar with similar
use pattern. (2)
5
2,371
I008
202
Approval of new or
amended polymer
inert ingredient,
food use. (2)
7
5,374
I009
203
Approval of new or
amended polymer
inert ingredient,
non-food use. (2)
4
4,427
I010
204
Petition to amend a
single tolerance exemption descriptor,
or single non-food
use descriptor, to
add ≤ 10 CASRNs;
no new data. (2)
7
2,371
I011
205
Approval of new food
use safener with
tolerance or exemption from tolerance.
(2)
26
856,631
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136 STAT. 6078
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 18. — INERT INGREDIENTS—Continued
EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
I012
206
Approval of new nonfood use safener. (2)
21
595,147
I013
207
Approval of additional
food use for previously approved
safener with tolerance or exemption
from tolerance. (2)
17
90,260
I014
208
Approval of additional
non-food use for
previously approved
safener. (2)
15
36,074
I015
209
Approval of new generic data for previously approved
food use safener. (2)
26
386,589
I016
210
Approval of amendment(s) to tolerance
and label for previously approved
safener. (2)
15
79,942
I017
211
(new)
Add new source of
previously approved
safener.
8
18,958
I018
212
(new)
Petition to add one
approved inert ingredient (CASRN)
to the Commodity
Inert Ingredient
List; no data. (4)
3
2,371
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(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.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6079
‘‘TABLE 19. — EXTERNAL REVIEW AND MISCELLANEOUS
ACTIONS
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EPA
No.
VerDate Sep 11 2014
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
M001
213
Study protocol requiring Human Studies
Review Board review as defined in
40 CFR Part 26 in
support of a currently registered active ingredient.
14
11,378
M002
214
Completed study requiring Human
Studies Review
Board review as defined in 40 CFR
Part 26 in support
of an active ingredient. (2)
14
11,378
M003
215
External technical
peer review of new
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 §
25(d), in support of
a novel active ingredient, or unique use
pattern or application technology. Excludes PIP active
.ingredients. (3)
12
91,651
00:16 Jul 27, 2023
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136 STAT. 6080
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘TABLE 19. — EXTERNAL REVIEW AND MISCELLANEOUS
ACTIONS—Continued
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EPA
No.
VerDate Sep 11 2014
00:16 Jul 27, 2023
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
M004
216
External technical
peer review of new
active ingredient,
product, or amendment (e.g., consultation with FIFRA
Scientific Advisory
Panel) for an action
with a decision
timeframe of greater than 12 months.
Applicant initiated
request based on a
requirement of the
Administrator, as
defined by FIFRA §
25(d), in support of
a novel active ingredient, or unique use
pattern or application technology. Excludes PIP active
ingredients. (3)
18
91,651
M005
217
New Product: Combination, Contains a
combination of active ingredients
from a registered
and/or unregistered
source; conventional, antimicrobial
and/or biopesticide.
Requires coordination with other regulatory divisions to
conduct review of
data, label and/or
verify the validity of
existing data as
cited. Only existing
uses for each active
ingredient in the
combination product. (4) (5) (6)
9
31,604
M006
218
Request for up to 5
letters of certification (Gold Seal)
for one actively registered product (excludes distributor
products). (7)
1
398
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6081
‘‘TABLE 19. — EXTERNAL REVIEW AND MISCELLANEOUS
ACTIONS—Continued
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EPA
No.
New
CR
No.
Decision
Review Time
(Months)(1)
Action
Registration
Service Fee
($)
M007
219
Request to extend Exclusive Use of data
as provided by
FIFRA Section
3(c)(1)(F)(ii).
12
7,903
M008
220
Request to grant Exclusive Use of data
as provided by
FIFRA Section
3(c)(1)(F)(vi) for a
minor use, when a
FIFRA Section
2(ll)(2) determination is required.
15
2,371
M009
221
Non-FIFRA Regulated
Determination; applicant-initiated,
per product.
6
3,389
M010
222
Conditional ruling on
pre-application,
product substantial
similarity.
4
3,389
M011
223
Label amendment to
add the DfE logo;
requires data review; no other label
changes. (8)
4
5,230
M012
224
(new)
Request for up to 5
letters of certification (Certificate of
Establishment) for
one actively registered product or
one product produced for export
(excludes distributor products).
(7)
1
398
M013
225
(new)
Cancer reassessment;
applicant-initiated.
18
284,144
M014
227
(new)
Pre-application nanoparticle determination.
8
17,424
(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.
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136 STAT. 6082
PUBLIC LAW 117–328—DEC. 29, 2022
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(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.’’.
VerDate Sep 11 2014
Deadline.
Web posting.
7 USC 136w
note.
SEC. 707. INFORMATION.
7 USC
136a–1 note.
SEC. 708. IMPLEMENTATION DATES WITH RESPECT TO FEES.
02:50 Aug 01, 2023
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.
(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
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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SEC. 711. REGISTRATION REVIEW DEADLINE EXTENSION.
7 USC 136a note.
(a) IN GENERAL.—Notwithstanding section 3(g)(1)(A)(iii)(I) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a(g)(1)(A)(iii)(I)), the Administrator of the Environmental Protection Agency (referred to in this section as the ‘‘Administrator’’)
shall complete the initial registration review of each pesticide or
pesticide case covered by that section not later than October 1,
2026.
(b) INTERIM REGISTRATION REVIEW DECISION REQUIREMENTS.—
(1) DEFINITION OF COVERED INTERIM REGISTRATION REVIEW
DECISION.—In this subsection, the term ‘‘covered interim registration review decision’’ means an interim registration review
decision—
(A) that is associated with an initial registration review
described in subsection (a);
(B) that is noticed in the Federal Register during the
period beginning on the date of enactment of this Act
and ending on October 1, 2026; and
(C) for which the Administrator has not, as of the
date on which the decision is noticed in the Federal Register, made effects determinations or completed any necessary consultation under section 7(a)(2) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(a)(2)).
(2) REQUIREMENTS.—Any covered interim registration
review decision shall include, where applicable, measures to
reduce the effects of the applicable pesticide on—
(A) species listed under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.); or
(B) any designated critical habitat.
(3) CONSULTATION.—In developing measures described in
paragraph (2), the Administrator shall take into account the
input received from the Secretary of Agriculture and other
members of the interagency working group established under
section 3(c)(11) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a(c)(11)).
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Time period.
PUBL328
136 STAT. 6084
Pregnant
Workers
Fairness Act.
42 USC 2000gg
note.
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42 USC 2000gg.
PUBLIC LAW 117–328—DEC. 29, 2022
DIVISION II—PREGNANT WORKERS
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Pregnant Workers Fairness
Act’’.
SEC. 102. DEFINITIONS.
As used in this division—
(1) the term ‘‘Commission’’ means the Equal Employment
Opportunity Commission;
(2) the term ‘‘covered entity’’—
(A) has the meaning given the term ‘‘respondent’’ in
section 701(n) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(n)); and
(B) includes—
(i) an employer, which means a person engaged
in industry affecting commerce who has 15 or more
employees as defined in section 701(b) of title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e(b));
(ii) an employing office, as defined in section 101
of the Congressional Accountability Act of 1995 (2
U.S.C. 1301) and section 411(c) of title 3, United States
Code;
(iii) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a));
and
(iv) an entity to which section 717(a) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies;
(3) the term ‘‘employee’’ means—
(A) an employee (including an applicant), as defined
in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(f));
(B) a covered employee (including an applicant), as
defined in section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301), and an individual described
in section 201(d) of that Act (2 U.S.C. 1311(d));
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States Code;
(D) a State employee (including an applicant) described
in section 304(a) of the Government Employee Rights Act
of 1991 (42 U.S.C. 2000e–16c(a)); or
(E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e–16(a)) applies;
(4) the term ‘‘known limitation’’ means physical or mental
condition related to, affected by, or arising out of pregnancy,
childbirth, or related medical conditions that the employee or
employee’s representative has communicated to the employer
whether or not such condition meets the definition of disability
specified in section 3 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102);
(5) the term ‘‘person’’ has the meaning given such term
in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a));
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PUBLIC LAW 117–328—DEC. 29, 2022
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. NONDISCRIMINATION WITH REGARD TO REASONABLE
ACCOMMODATIONS RELATED TO PREGNANCY.
42 USC
2000gg–1.
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.
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SEC. 104. REMEDIES AND ENFORCEMENT.
(a) EMPLOYEES COVERED BY TITLE VII OF THE CIVIL RIGHTS
ACT OF 1964.—
(1) IN GENERAL.—The powers, remedies, and procedures
provided in sections 705, 706, 707, 709, 710, and 711 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e–4 et seq.) to the
Commission, the Attorney General, or any person alleging a
violation of title VII of such Act (42 U.S.C. 2000e et seq.)
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2000gg–2.
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136 STAT. 6086
PUBLIC LAW 117–328—DEC. 29, 2022
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
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PUBLIC LAW 117–328—DEC. 29, 2022
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,
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136 STAT. 6088
PUBLIC LAW 117–328—DEC. 29, 2022
remedies, and procedures this division provides to the Commission, the Attorney General, the Librarian of Congress, or any
person alleging such practice.
(3) DAMAGES.—The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C.
1981a), including the limitations contained in subsection (b)(3)
of such section 1977A, shall be the powers, remedies, and
procedures this division provides to the Commission, the
Attorney General, the Librarian of Congress, or any person
alleging such practice (not an employment practice specifically
excluded from coverage under section 1977A(a)(1) of the Revised
Statutes (42 U.S.C. 1981a(a)(1))).
(f) PROHIBITION AGAINST RETALIATION.—
(1) IN GENERAL.—No person shall discriminate against any
employee because such employee has opposed any act or practice made unlawful by this division or because such employee
made a charge, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under this division.
(2) PROHIBITION AGAINST COERCION.—It shall be unlawful
to coerce, intimidate, threaten, or interfere with any individual
in the exercise or enjoyment of, or on account of such individual
having exercised or enjoyed, or on account of such individual
having aided or encouraged any other individual in the exercise
or enjoyment of, any right granted or protected by this division.
(3) REMEDY.—The remedies and procedures otherwise provided for under this section shall be available to aggrieved
individuals with respect to violations of this subsection.
(g) LIMITATION.—Notwithstanding subsections (a)(3), (b)(3),
(c)(3), (d)(3), and (e)(3), if an unlawful employment practice involves
the provision of a reasonable accommodation pursuant to this division or regulations implementing this division, damages may not
be awarded under section 1977A of the Revised Statutes (42 U.S.C.
1981a) if the covered entity demonstrates good faith efforts, in
consultation with the employee with known limitations related to
pregnancy, childbirth, or related medical conditions who has
informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide
such employee with an equally effective opportunity and would
not cause an undue hardship on the operation of the covered entity.
SEC. 105. RULEMAKING.
Deadlines.
42 USC
2000gg–3.
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Applicability.
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(a) EEOC RULEMAKING.—Not later than 1 year after the date
of enactment of this Act, the Commission shall issue regulations
in an accessible format in accordance with subchapter II of chapter
5 of title 5, United States Code, to carry out this division. Such
regulations shall provide examples of reasonable accommodations
addressing known limitations related to pregnancy, childbirth, or
related medical conditions.
(b) OCWR RULEMAKING.—
(1) IN GENERAL.—Not later than 6 months after the
Commission issues regulations under subsection (a), the Board
(as defined in section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301)) shall (in accordance with section
304 of the Congressional Accountability Act of 1995 (2 U.S.C.
1384)), issue regulations to implement the provisions of this
division made applicable to employees described in section
102(3)(B), under section 104(b).
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PUBLIC LAW 117–328—DEC. 29, 2022
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. WAIVER OF STATE IMMUNITY.
A State shall not be immune under the 11th Amendment to
the Constitution from an action in a Federal or State court of
competent jurisdiction for a violation of this division. In any action
against a State for a violation of this division, remedies (including
remedies both at law and in equity) are available for such a violation
to the same extent as such remedies are available for such a
violation in an action against any public or private entity other
than a State.
SEC. 107. RELATIONSHIP TO OTHER LAWS.
(a) IN GENERAL.—Nothing in this division shall be construed—
(1) to invalidate or limit the powers, remedies, and procedures under any Federal law or law of any State or political
subdivision of any State or jurisdiction that provides greater
or equal protection for individuals affected by pregnancy, childbirth, or related medical conditions; or
(2) by regulation or otherwise, to require an employersponsored health plan to pay for or cover any particular item,
procedure, or treatment or to affect any right or remedy available under any other Federal, State, or local law with respect
to any such payment or coverage requirement.
(b) RULE OF CONSTRUCTION.—This division is subject to the
applicability to religious employment set forth in section 702(a)
of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1(a)).
SEC. 108. SEVERABILITY.
If any provision of this division or the application of that
provision to particular persons or circumstances is held invalid
or found to be unconstitutional, the remainder of this division
and the application of that provision to other persons or circumstances shall not be affected.
SEC. 109. EFFECTIVE DATE.
This division shall take effect on the date that is 180 days
after the date of enactment of this Act.
42 USC
2000gg–4.
42 USC
2000gg–5.
42 USC
2000gg–6.
42 USC
2000gg note.
DIVISION JJ—NORTH ATLANTIC RIGHT
WHALES
TITLE I—NORTH ATLANTIC RIGHT
WHALES AND REGULATIONS
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SEC. 101. NORTH ATLANTIC RIGHT WHALES AND REGULATIONS.
(a) IN GENERAL.—Notwithstanding any other provision of law
except as provided in subsection (b), for the period beginning on
the date of enactment of this Act and ending on December 31,
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16 USC 1387
note.
Time period.
PUBL328
136 STAT. 6090
Deadline.
Effective date.
Reports.
PUBLIC LAW 117–328—DEC. 29, 2022
2028, the Final Rule amending the regulations implementing the
Atlantic Large Whale Take Reduction Plan (86 Fed. Reg. 51970)
shall be deemed sufficient to ensure that the continued Federal
and State authorizations of the American lobster and Jonah crab
fisheries are in full compliance with the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.). The National Marine Fisheries
Service shall—
(1) throughout the period described in the preceding sentence, in consultation with affected States and fishing industry
participants, promote the innovation and adoption of gear technologies in the fisheries described in the preceding sentence,
in order to implement additional whale protection measures
by December 31, 2028;
(2) promulgate new regulations for the American lobster
and Jonah crab fisheries consistent with the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that take
effect by December 31, 2028, utilizing existing and innovative
gear technologies, as appropriate; and
(3) in consultation with affected States, submit an annual
report to Congress on the status of North Atlantic Right
Whales, the actions taken and plans to implement measures
expected to not exceed Potential Biological Removal by
December 31, 2028, the amount of serious injury and mortality
by fishery and country, and the proportion of the American
lobster and Jonah crab fisheries that have transitioned to
innovative gear technologies that reduce harm to the North
Atlantic Right Whale.
(b) EXCEPTION.—The provisions of subsection (a) shall not apply
to an existing emergency rule, or any action taken to extend or
make final an emergency rule that is in place on the date of
enactment of this Act, affecting lobster and Jonah crab.
TITLE II—GRANT AUTHORITY
16 USC 1393.
SEC. 201. CONSERVATION AND MITIGATION ASSISTANCE.
(a) ASSISTANCE.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary of Commerce, acting
through the Under Secretary of Commerce for Oceans and
Atmosphere (in this title referred to as the ‘‘Under Secretary’’)
shall establish a program to provide competitive financial
assistance, on an annual basis, and cooperative agreements
including multiyear grants and direct payment, to eligible entities for eligible uses, such as projects designed to reduce the
lethal and sub-lethal effects of human activities on North
Atlantic right whales.
(2) USE OF EXISTING AUTHORITIES.—Assistance provided
under this section shall be carried out in a manner consistent
with authorities available to the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.).
(3) COOPERATIVE AGREEMENTS.—The Under Secretary may
enter into cooperative agreements with the National Fish and
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Contracts.
Deadline.
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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) 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.—
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Determination.
PUBL328
136 STAT. 6092
PUBLIC LAW 117–328—DEC. 29, 2022
(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.
16 USC 1393
note.
SEC. 202. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this
Act, and every 5 years thereafter, the Under Secretary shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Natural Resources of the House
of Representatives a report on the results and effectiveness of
projects receiving assistance provided under this title.
SEC. 203. FUNDING.
16 USC 1393
note.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION.—There is authorized to be appropriated to the Under Secretary to carry out this title
$50,000,000 (of which not less than $40,000,000 shall be for
innovative gear deployment and technology) for each of fiscal
years 2023 through 2032.
(2) ADMINISTRATIVE EXPENSES.—Of the amounts authorized
to be appropriated under this subsection for a fiscal year,
the Under Secretary may expend not more than 5 percent,
or up to $80,000, whichever is greater, to pay the administrative
expenses necessary to carry out this title.
(b) ACCEPTANCE AND USE OF DONATIONS.—The Under Secretary
may accept, receive, solicit, hold, administer, and use any gift,
devise, or bequest, consistent with policy of the Department of
Commerce in effect on the date of enactment of this Act, to provide
assistance under section 201.
TITLE III—CONTINUOUS PLANKTON
RECORDER
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33 USC 883a
note.
Deadline.
Public
information.
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SEC. 301. SURVEY.
(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, and on an ongoing basis thereafter, the
Secretary of Commerce shall conduct a Continuous Plankton
Recorder survey.
(b) REQUIRED ELEMENTS.—For the purpose of conducting the
survey required under subsection (a), the Northeast Fisheries
Science Center shall—
(1) to the extent possible, utilize the resources of and
partner with, on a volunteer basis, research institutions, nonprofit organizations, commercial vessels, and other Federal
agencies;
(2) in as short a time as possible, ensure relevant survey
samples and results are analyzed, stored, archived, and made
publicly available;
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6093
(3) prioritize the collection of plankton samples and data
that inform the conservation of North Atlantic right whales;
and
(4) to the extent practicable, coordinate with the Government of Canada to develop a transboundary understanding
of plankton abundance and distribution.
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section there is authorized to be appropriated to the Secretary of
Commerce $300,000 for each of fiscal years 2023 through 2032,
which shall be derived from existing funds otherwise appropriated
to the Secretary.
DIVISION KK—PUMP FOR NURSING
MOTHERS ACT
Coordination.
Canada.
Time period.
Providing Urgent
Maternal
Protections for
Nursing Mothers
Act.
29 USC 201 note.
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Providing Urgent Maternal
Protections for Nursing Mothers Act’’ or the ‘‘PUMP for Nursing
Mothers Act’’.
SEC. 102. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
(a) EXPANDING EMPLOYEE ACCESS TO BREAK TIME AND SPACE.—
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)
is amended—
(1) in section 7 (29 U.S.C. 207), by striking subsection
(r); and
(2) by inserting after section 18C (29 U.S.C. 218c) the
following:
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‘‘SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
29 USC 218d.
‘‘(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.—
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136 STAT. 6094
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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—
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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) 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:
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Compliance.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(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.
29 USC 207 note.
29 USC 215 note.
49 USC 20168
note.
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29 USC 218d
note.
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(a) EXPANDING ACCESS.—The amendments made by section
102(a) shall take effect on the date of enactment of this Act.
(b) REMEDIES AND CLARIFICATION.—The amendments made by
section 102(b) shall take effect on the date that is 120 days after
the date of enactment of this Act.
(c) AUTHORIZING EMPLOYEES TO TEMPORARILY OBSCURE THE
FIELD OF VIEW OF AN IMAGE RECORDING DEVICE ON A LOCOMOTIVE
OR ROLLING STOCK WHILE EXPRESSING BREAST MILK.—The amendments made by section 102(c) shall take effect on the date of
enactment of this Act.
(d) APPLICATION OF LAW TO EMPLOYEES OF RAIL CARRIERS.—
(1) IN GENERAL.—Section 18D of the Fair Labor Standards
Act of 1938 (as added by section 102(a)) shall not apply to
employees who are members of a train crew involved in the
movement of a locomotive or rolling stock or who are employees
who maintain the right of way of an employer that is a rail
carrier until the date that is 3 years after the date of enactment
of this Act.
(2) DEFINITIONS.—In this subsection:
(A) EMPLOYEE; EMPLOYER.—The terms ‘‘employee’’ and
‘‘employer’’ have the meanings given such terms in section
3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
(B) EMPLOYEES WHO MAINTAINS THE RIGHT OF WAY;
RAIL CARRIER; TRAIN CREW.—The terms ‘‘employee who
maintains the right of way’’, ‘‘rail carrier’’, and ‘‘train crew’’
have the meanings given such terms in section 18D(e)(4)
of the Fair Labor Standards Act of 1938, as added by
section 102(a).
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PUBL328
PUBLIC LAW 117–328—DEC. 29, 2022
ICES
136 STAT. 6097
(e) APPLICATION OF LAW TO EMPLOYEES OF MOTORCOACH SERVOPERATORS.—
(1) IN GENERAL.—Section 18D of the Fair Labor Standards
Act of 1938 (as added by section 102(a)) shall not apply to
employees who are involved in the movement of a motorcoach
of an employer that is a motorcoach services operator until
the date that is 3 years after the date of enactment of this
Act.
(2) DEFINITIONS.—In this subsection:
(A) EMPLOYEE; EMPLOYER.—The terms ‘‘employee’’ and
‘‘employer’’ have the meanings given such terms in section
3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
(B) MOTORCOACH; MOTORCOACH SERVICES OPERATOR.—
The terms ‘‘motorcoach’’ and ‘‘motorcoach services operator’’
have the meanings given such terms in section 18D(f)(4)
of the Fair Labor Standards Act of 1938, as added by
section 102(a).
DIVISION LL—STATE, LOCAL, TRIBAL,
AND TERRITORIAL FISCAL RECOVERY, INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘State, Local, Tribal, and
Territorial Fiscal Recovery, Infrastructure, and Disaster Relief
Flexibility Act’’.
29 USC 218d
note.
State, Local,
Tribal, and
Territorial Fiscal
Recovery,
Infrastructure,
and Disaster
Relief Flexibility
Act.
42 USC 1305
note.
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SEC. 102. AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS FOR
INFRASTRUCTURE PROJECTS.
(a) IN GENERAL.—Title VI of the Social Security Act (42 U.S.C.
801 et seq.), as amended by section 40909 of the Infrastructure
Investment and Jobs Act, is amended—
(1) in section 602—
(A) in subsection (a)(1), by inserting ‘‘(except as provided in subsection (c)(5))’’ after ‘‘December 31, 2024’’; and
(B) in subsection (c)—
(i) in paragraph (1)—
(I) in the matter preceding subparagraph (A),
by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraphs (3), (4), and (5)’’;
(II) by amending subparagraph (C) to read
as follows:
‘‘(C) for the provision of government services up to
an amount equal to the greater of—
‘‘(i) the amount of the reduction in revenue of
such State, territory, or Tribal government due to the
COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of
the State, territory, or Tribal government prior to the
emergency; or
‘‘(ii) $10,000,000;’’;
(III) in subparagraph (D), by striking the
period at the end and inserting ‘‘; or’’; and
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42 USC 802.
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136 STAT. 6098
PUBLIC LAW 117–328—DEC. 29, 2022
(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.
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PUBLIC LAW 117–328—DEC. 29, 2022
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
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136 STAT. 6100
PUBLIC LAW 117–328—DEC. 29, 2022
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,
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PUBLIC LAW 117–328—DEC. 29, 2022
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) AVAILABILITY.—Funds provided under a payment
made under this section to a State, territory, or Tribal
government shall remain available for obligation for a use
described in subparagraph (A) through December 31, 2024,
except that no amount of such funds may be expended
after September 30, 2026.’’; and
(2) in subsection 603—
(A) in subsection (a), by inserting ‘‘(except as provided
in subsection (c)(6))’’ after ‘‘December 31, 2024’’; and
(B) in subsection (c)—
(i) in paragraph (1)—
(I) in the matter preceding subparagraph (A),
by striking ‘‘paragraphs (3) and (4)’’ and inserting
‘‘paragraphs (3), (4), (5), and (6)’’;
(II) by amending subparagraph (C) to read
as follows:
‘‘(C) for the provision of government services up to
an amount equal to the greater of—
‘‘(i) the amount of the reduction in revenue of
such metropolitan city, nonentitlement unit of local
government, or county due to the COVID–19 public
health emergency relative to revenues collected in the
most recent full fiscal year of the metropolitan city,
nonentitlement unit of local government, or county
to the emergency; or
‘‘(ii) $10,000,000;’’;
(III) in subparagraph (D), by striking the
period at the end and inserting ‘‘; or’’; and
(IV) by adding at the end the following new
subparagraph:
‘‘(E) to provide emergency relief from natural disasters
or the negative economic impacts of natural disasters,
including temporary emergency housing, food assistance,
financial assistance for lost wages, or other immediate
needs.’’; and
(ii) by adding at the end the following new paragraph:
‘‘(6) AUTHORITY TO USE FUNDS FOR CERTAIN INFRASTRUCTURE PROJECTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), notwithstanding any other provision of law, a metropolitan
city, nonentitlement unit of local government, or county
receiving a payment under this section may use funds
provided under such payment for projects described in
subparagraph (B) of section 602(c)(5), including, to the
extent consistent with guidance or rules issued by the
Secretary or the head of a Federal agency to which the
Secretary has delegated authority pursuant to subparagraph (B)(iv)—
‘‘(i) in the case of a project eligible under section
117 of title 23, United States Code, or section 5309
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Time period.
Termination
date.
42 USC 803.
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136 STAT. 6102
PUBLIC LAW 117–328—DEC. 29, 2022
or 6701 of title 49, United States Code, to satisfy
a non-Federal share requirement applicable to such
a project; and
‘‘(ii) in the case of a project eligible for credit
assistance under the TIFIA program under chapter
6 of title 23, United States Code—
‘‘(I) to satisfy a non-Federal share requirement
applicable to such a project; and
‘‘(II) to repay a loan provided under such program.
‘‘(B) LIMITATIONS; APPLICATION OF REQUIREMENTS.—
‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR
INFRASTRUCTURE PROJECTS.—
‘‘(I) IN GENERAL.—The total amount that a
metropolitan city, nonentitlement unit of local
government, or county may use from a payment
made under this section for uses described in
subparagraph (A) shall not exceed the greater of—
‘‘(aa) $10,000,000; and
‘‘(bb) 30 percent of such payment.
‘‘(II) RULE OF APPLICATION.—The spending
limitation under subclause (I) shall not apply to
any use of funds permitted under paragraph (1),
and any such use of funds shall be disregarded
for purposes of applying such spending limitation.
‘‘(ii) LIMITATION ON OPERATING EXPENSES.—Funds
provided under a payment made under this section
shall not be used for operating expenses of a project
described in clauses (xx) through (xxiv) of section
602(c)(5)(B).
‘‘(iii) APPLICATION OF REQUIREMENTS.—Except as
otherwise determined by the Secretary or the head
of a Federal agency to which the Secretary has delegated authority pursuant to clause (iv) or provided
in this section—
‘‘(I) the requirements of section 60102 of the
Infrastructure Investment and Jobs Act shall apply
to funds provided under a payment made under
this section that are used pursuant to subparagraph (A) for a project described in clause (xxvi)
of section 602(c)(5)(B) that relates to broadband
infrastructure; and
‘‘(II) the requirements of titles 23, 40, and
49 of the United States Code, title I of the Housing
and Community Development Act of 1974 (42
U.S.C. 5301 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq)
shall apply to funds provided under a payment
made under this section that are used for projects
described in section 602(c)(5)(B).
‘‘(iv) OVERSIGHT.—The Secretary may delegate
oversight and administration of the requirements
described in clause (iii) to the appropriate Federal
agency.
‘‘(v) SUPPLEMENT, NOT SUPPLANT.—Amounts from
a payment made under this section that are used by
a metropolitan city, nonentitlement unit of local
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PUBLIC LAW 117–328—DEC. 29, 2022
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) AVAILABILITY.—Funds provided under a payment
made under this section to a metropolitan city, nonentitlement unit of local government, or county shall remain
available for obligation for a use described in subparagraph
(A) through December 31, 2024, except that no amount
of such funds may be expended after September 30, 2026.’’.
(b) TECHNICAL AMENDMENTS.—Sections 602(c)(3) and 603(c)(3)
of title VI of the Social Security Act (42 U.S.C. 802(c)(3), 803(c)(3))
are each amended by striking ‘‘paragraph (17) of’’.
(c) GUIDANCE AND EFFECTIVE DATE.—
(1) GUIDANCE OR RULE.—Within 60 days of the date of
enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall issue guidance or promulgate a rule to carry out the amendments made
by this section, including updating reporting requirements on
the use of funds under this section.
(2) EFFECTIVE DATE.—The amendments made by this section shall take effect upon the issuance of guidance or the
promulgation of a rule described in paragraph (1).
(d) DEPARTMENT OF THE TREASURY ADMINISTRATIVE
EXPENSES.—
(1) REDUCTION OF FUNDS AVAILABLE FOR ADMINISTRATIVE
EXPENSES.—Title IV of division A of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116–136) is amended—
(A) in section 4003(f), by striking ‘‘$100,000,000’’ and
inserting ‘‘61,000,000’’; and
(B) in section 4112(b), by striking ‘‘$100,000,000’’ and
inserting ‘‘$67,000,000’’.
(2) AUTHORITY.—Notwithstanding any other provision of
law, the unobligated balances from amounts made available
to the Secretary of the Treasury (referred to in this subsection
as the ‘‘Secretary’’) for administrative expenses pursuant to
the provisions specified in paragraph (3) shall be available
to the Secretary (in addition to any other appropriations provided for such purpose) for the purpose described in paragraph
(4) (subject to the limitation in such paragraph) and for
administrative expenses of the Department of the Treasury,
except for the Internal Revenue Service, determined by the
Secretary to be necessary to respond to the coronavirus emergency, including any expenses necessary to implement any
provision of—
(A) the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116–136);
(B) division N of the Consolidated Appropriations Act,
2021 (Public Law 116–260);
(C) the American Rescue Plan Act (Public Law 117–
2); or
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Time period.
Termination
date.
42 USC 802 note.
Deadline.
Updates.
15 USC 9042.
15 USC 9072.
Determination.
PUBL328
136 STAT. 6104
PUBLIC LAW 117–328—DEC. 29, 2022
(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.
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Allocation.
Time periods.
Effective date.
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(a) IN GENERAL.—Section 605 of the Social Security Act (42
U.S.C. 805) is amended by adding at the end the following new
subsection:
‘‘(g) PAYMENTS TO ELIGIBLE REVENUE SHARING CONSOLIDATED
GOVERNMENTS.—
‘‘(1) PAYMENTS TO ELIGIBLE REVENUE SHARING CONSOLIDATED GOVERNMENTS FOR FISCAL YEARS 2023 AND 2024.—The
Secretary shall allocate and pay to each eligible revenue sharing
consolidated government for each of fiscal years 2023 and 2024
an amount equal to the amount that the Secretary would
have allocated to such eligible revenue sharing consolidated
government for fiscal year 2022 if all eligible revenue sharing
consolidated governments had been treated as eligible revenue
sharing counties for purposes of being eligible for payments
under subsection (b)(1) for such fiscal year using the allocation
methodology adopted by the Department of the Treasury for
such eligible revenue sharing counties as of the date of enactment of this subsection.
‘‘(2) FUNDING FOR PAYMENTS.—
‘‘(A) IN GENERAL.—The Secretary shall make the allocations and payments described in paragraph (1) from the
amounts described in subparagraph (B), which shall be
available to the Secretary for such purpose notwithstanding
any other provision of law.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.—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.’’.
Definition.
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:
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‘‘SEC. 606. RESCISSION OF FUNDS DECLINED BY STATES, TERRITORIES,
OR OTHER GOVERNMENTAL ENTITIES.
42 USC 806.
‘‘(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,
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136 STAT. 6106
PUBLIC LAW 117–328—DEC. 29, 2022
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
Fairness for 9/11
Families Act.
SEC. 101. IMPROVEMENTS TO THE JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT.
34 USC 10101
note.
(a) SHORT TITLE.—This section may be cited as the ‘‘Fairness
for 9/11 Families Act’’.
(b) IN GENERAL.—Section 404 of the Justice for United States
Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is
amended—
(1) in subsection (b)—
(A) in paragraph (1)(B), in the first sentence, by
inserting ‘‘and during the 1-year period beginning on the
date of enactment of the Fairness for 9/11 Families Act,
the Special Master may utilize an additional 5 full-time
equivalent Department of Justice personnel’’ before the
period at the end; and
(B) in paragraph (2)(A), by inserting ‘‘Not later than
30 days after the date of enactment of the Fairness for
9/11 Families Act, the Special Master shall update, as
necessary as a result of the enactment of such Act, such
procedures and other guidance previously issued by the
Special Master.’’ after the period at the end of the second
sentence;
(2) in subsection (c)(3)(A), by striking clause (ii) and
inserting the following:
Time period.
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Deadline.
Update.
Procedures.
Guidance.
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PUBLIC LAW 117–328—DEC. 29, 2022
136 STAT. 6107
‘‘(ii) Not later than 90 days after the date of
obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication,
unless—
‘‘(I) the final judgment was awarded to a 9/
11 victim, 9/11 spouse, or 9/11 dependent before
the date of enactment of the United States Victims
of State Sponsored Terrorism Fund Clarification
Act, in which case such United States person shall
have 90 days from the date of enactment of such
Act to submit an application for payment; or
‘‘(II) the final judgment was awarded to a 1983
Beirut barracks bombing victim or a 1996 Khobar
Towers bombing victim before the date of enactment of the Fairness for 9/11 Families Act, in
which case such United States person shall have
180 days from the date of enactment of such Act
to submit an application for payment.’’;
(3) in subsection (d)—
(A) in paragraph (3)(B), by adding at the end the
following:
‘‘(iii) For the purposes of clause (i), the calculation
of the total compensatory damages received or entitled
or scheduled to be received by an applicant who is
a 1983 Beirut barracks bombing victim or a 1996
Khobar Towers bombing victim from any source other
than the Fund shall include the total amount received
by the applicant as a result of or in connection with
the proceedings captioned Peterson v. Islamic Republic
of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or the proceedings
captioned In Re 650 Fifth Avenue & Related Properties,
No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), such
that any such applicant who has received or is entitled
or scheduled to receive 30 percent or more of such
applicant’s compensatory damages judgment as a
result of or in connection with such proceedings shall
not receive any payment from the Fund, except in
accordance with the requirements of clause (i), or as
part of a lump-sum catch-up payment in accordance
with paragraph (4)(D).’’; and
(B) in paragraph (4)—
(i) in subparagraph (A), by striking ‘‘(B) and (C)’’
and inserting ‘‘(B), (C), and (D)’’;
(ii) in subparagraph (C), by adding at the end
the following:
‘‘(iv) AUTHORIZATION.—
‘‘(I) IN GENERAL.—The Special Master shall
authorize lump sum catch-up payments in
amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii).
‘‘(II) APPROPRIATIONS.—
‘‘(aa) IN GENERAL.—There are authorized
to be appropriated and there are appropriated
to the Fund such sums as are necessary to
carry out this clause, to remain available until
expended.
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136 STAT. 6108
PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(bb) LIMITATION.—Amounts appropriated
pursuant to item (aa) may not be used for
a purpose other than to make lump sum catchup payments under this clause.’’; and
(iii) by adding at the end the following:
‘‘(D) LUMP SUM CATCH-UP PAYMENTS FOR 1983 BEIRUT
Deadline.
Audit.
Federal Register,
publication.
Notice.
BARRACKS BOMBING VICTIMS AND 1996 KHOBAR TOWERS
BOMBING VICTIMS.—
‘‘(i) IN GENERAL.—Not later than 1 year after the
date of enactment of the Fairness for 9/11 Families
Act, and in accordance with clauses (i) and (ii) of
paragraph (3)(A), the Comptroller General of the
United States shall conduct an audit and publish in
the Federal Register a notice of proposed lump sum
catch-up payments to the 1983 Beirut barracks
bombing victims and the 1996 Khobar Towers bombing
victims who have submitted applications in accordance
with subsection (c)(3)(A)(ii)(II) on or after such date
of enactment, in amounts that, after receiving the lump
sum catch-up payments, would result in the percentage
of the claims of such victims received from the Fund
being equal to the percentage of the claims of non9/11 victims of state sponsored terrorism received from
the Fund, as of such date of enactment.
‘‘(ii) PUBLIC COMMENT.—The Comptroller General
shall provide an opportunity for public comment for
a 30-day period beginning on the date on which the
notice is published under clause (i).
‘‘(iii) REPORT.—Not later than 30 days after the
expiration of the comment period in clause (ii), the
Comptroller General of the United States shall submit
to the Committee on the Judiciary and the Committee
on Appropriations of the Senate, the Committee on
the Judiciary and the Committee on Appropriations
of the House of Representatives, and the Special
Master a report that includes the determination of
the Comptroller General on—
‘‘(I) the amount of the proposed lump sum
catch-up payment for each 1983 Beirut barracks
bombing victim;
‘‘(II) the amount of the proposed lump sum
catch-up payment for each 1996 Khobar Towers
bombing victim; and
‘‘(III) amount of lump sum catch-up payments
described in subclauses (I) and (II).
‘‘(iv) LUMP SUM CATCH-UP PAYMENT RESERVE
FUND.—
‘‘(I) IN GENERAL.—There is established within
the Fund a lump sum catch-up payment reserve
fund, to remain in reserve except in accordance
with this subsection.
‘‘(II) AUTHORIZATION.—Not earlier than 90
days after the date on which the Comptroller General submits the report required under clause (iii),
and not later than 1 year after such date, the
Special Master shall authorize lump sum catchup payments from the reserve fund established
Time period.
Effective date.
Determinations.
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PUBLIC LAW 117–328—DEC. 29, 2022
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 catchup 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
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BOMBING VICTIMS AND 1996 KHOBAR TOWERS BOMBING
VICTIMS.—Nothing in this subparagraph shall apply
with respect to—
‘‘(I) a 1983 Beirut barracks bombing victim
or a 1996 Khobar Towers bombing victim who
submits
an
application
under
subsection
(c)(3)(A)(ii)(II) on or after the date of enactment
of the Fairness for 9/11 Families Act; or
‘‘(II) the assets, or the net proceeds of the
sale of properties or related assets, attributable
to a person described in subclause (I).’’; and
(5) in subsection (j), by adding at the end the following:
‘‘(15) 1983 BEIRUT BARRACKS BOMBING VICTIM.—The term
‘1983 Beirut barracks bombing victim’—
‘‘(A) means a plaintiff, or estate or successor in interest
thereof, who has an eligible claim under subsection (c)
that arises out of the October 23, 1983, bombing of the
United States Marine Corps barracks in Beirut, Lebanon;
and
‘‘(B) includes a plaintiff, estate, or successor in interest
described in subparagraph (A) who is a judgment creditor
in the proceedings captioned Peterson v. Islamic Republic
of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or a Settling Judgment
Creditor as identified in the order dated May 27, 2014,
in the proceedings captioned In Re 650 Fifth Avenue &
Related Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec.
17, 2008).
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Definition.
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136 STAT. 6110
Definition.
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Evaluation.
Assessments.
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PUBLIC LAW 117–328—DEC. 29, 2022
‘‘(16) 1996 KHOBAR TOWERS BOMBING VICTIM.—The term
‘1996 Khobar Towers bombing victim’—
‘‘(A) means a plaintiff, or estate or successor in interest
thereof, who has an eligible claim under subsection (c)
that arises out of the June 25, 1996 bombing of the Khobar
Tower housing complex in Saudi Arabia; and
‘‘(B) includes a plaintiff, estate, or successor in interest
described in subparagraph (A) who is a judgment creditor
in the proceedings captioned Peterson v. Islamic Republic
of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or a Settling Judgment
Creditor as identified in the order dated May 27, 2014,
in the proceedings captioned In Re 650 Fifth Avenue &
Related Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec.
17, 2008).’’.
(c) GAO REPORT ON FUNDING FOR THE UNITED STATES VICTIMS
OF STATE SPONSORED TERRORISM FUND.—Not later than 180 days
after the date of enactment of this Act, the Comptroller General
of the United States shall submit to Congress a report evaluating
ways to increase deposits into the United States Victims of State
Sponsored Terrorism Fund established under paragraph (1) of section 404(e) of the Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144(e)) (in this subsection referred
to as the ‘‘Fund’’), including assessing the advisability and effect
of—
(1) expanding the scope of the criminal offenses for which
funds, and the net proceeds from the sale of property, forfeited
or paid to the United States are deposited in the Fund under
paragraph (2)(A)(i) of such section;
(2) expanding the scope of the civil penalties or fines for
which funds, and the net proceeds from the sale of property,
forfeited or paid to the United States are deposited in the
Fund under paragraph (2)(A)(ii) of such section to include civil
penalties or fines imposed, including as part of a settlement
agreement, on an entity for providing material support to an
organization designated as a foreign terrorist organization
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189); and
(3) increasing to 100 percent the percentage of funds, and
the net proceeds from the sale of property, forfeited or paid
to the United States as a civil penalty or fine that are deposited
in the Fund under paragraph (2)(A)(ii) of such section.
(d) RESCISSIONS.—
(1) BUSINESS LOANS PROGRAM ACCOUNT.—Of the unobligated balances of amounts made available under the heading
‘‘Small Business Administration—Business Loans Program
Account, CARES Act’’, for carrying out paragraphs (36) and
(37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)),
$4,954,772,000 are hereby rescinded.
(2) SHUTTERED VENUE OPERATORS GRANT.—Of the unobligated balances of amounts made available under the heading
‘‘Small Business Administration—Shuttered Venue Operators’’,
for carrying out section 324 of division N of the Consolidated
Appropriations Act, 2021 (15 U.S.C. 9009a), $459,000,000 are
hereby rescinded.
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PUBLIC LAW 117–328—DEC. 29, 2022
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.
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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.
Æ
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PUBL328
| File Type | application/pdf |
| File Title | PUBL328.PS |
| File Modified | 2023-08-15 |
| File Created | 2023-08-08 |