public-law-117-328•Public Law 117–328: 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.
Public Law 117–328: 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.
public-law-117-328Public Law 117-328Statute
As enacted: this collection preserves GovInfo's listed Beta USLM public-law XML, including printed amendment instructions and legislative history. Later amendments are not consolidated here; availability in this XML inventory does not establish completeness of all laws enacted by Congress.
[H.R. 2617]
Consolidated Appropriations Act, 2023.
SHORT TITLE.
TABLE OF CONTENTS.
1 USC 1 note.
REFERENCES.
EXPLANATORY STATEMENT.
STATEMENT OF APPROPRIATIONS.
2 USC 4501 note.
ADJUSTMENTS TO COMPENSATION.
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023.
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Reimbursements.
That the amount made available under this heading for Departmental Administration shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551–558:Time period.
Notification.
funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency:Time period.
Notification.
during any 30 day notification period referenced in section 716 of this Act, the Secretary of Agriculture shall take no action to begin implementation of the action that is subject to section 716 of this Act or make any public announcement of such action in any form.Executive Operations
office of the chief economist
office of hearings and appeals
office of budget and program analysis
Office of the Chief Information Officer
Office of the Chief Financial Officer
Office of the Assistant Secretary for Civil Rights
Office of Civil Rights
Agriculture Buildings and Facilities
Hazardous Materials Management
Office of Safety, Security, and Protection
Office of Inspector General
Office of the General Counsel
Office of Ethics
Office of the Under Secretary for Research, Education, and Economics
Economic Research Service
National Agricultural Statistics Service
Surveys.
That amounts made available for the Census of Agriculture may be used to conduct Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).Agricultural Research Service
salaries and expenses
7 USC 2254.
That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only:Contracts.
That appropriations hereunder shall be available for entering into lease agreements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by the Agricultural Research Service and a condition of the lease shall be that any facility shall be owned, operated, and maintained by the non-Federal entity and shall be removed upon the expiration or termination of the lease agreement:Maryland.
That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland:Easements.
hereunder shall be available for granting easements at the Beltsville Agricultural Research Center:Easements.
That appropriations hereunder shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States:buildings and facilities
National Institute of Food and Agriculture
research and education activities
Grants.
Alaska.
Hawaii.
That funds for education grants for Alaska Native and Native Hawaiian-serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii:native american institutions endowment fund
extension activities
integrated activities
Office of the Under Secretary for Marketing and Regulatory Programs
Animal and Plant Health Inspection Service
salaries and expenses
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 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:
Brucellosis eradication.
funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent:
Fees.
Reimbursement.
In fiscal year 2023, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity’s liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services.136 STAT. 4470buildings and facilities
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service, $237,695,000, of which $7,504,000 shall be available for the purposes of section 12306 of Public Law 113–79, and of which $1,000,000 shall be available for the purposes of section 779 of division A of Public Law 117–103:
Fees.
Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701), except for the cost of activities relating to the development or maintenance of grain standards under the United States Grain Standards Act, 7 U.S.C. 71 et seq.limitation on administrative expenses
Notification.
That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.funds for strengthening markets, income, and supply (section 32)
payments to states and possessions
limitation on inspection and weighing services expenses
Notification.
That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.Office of the Under Secretary for Food Safety
Food Safety and Inspection Service
Employment positions.
no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2023 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.):Continuation.
That the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110–246 as further clarified by the amendments made in section 12106 of Public Law 113–79:FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
Farm Production and Conservation Business Center
salaries and expenses
Farm Service Agency
salaries and expenses
Notification.
Expenditure plan.
Cost estimate.
Review.
Approval.
That not more than 50 percent of the funding made available under this heading for information technology related to farm program delivery may be obligated until the Secretary submits to the Committees on Appropriations of both Houses of Congress, and receives written or electronic notification of receipt from such Committees of, a plan for expenditure that (1) identifies for each project/investment over $25,000 (a) the functional and performance capabilities to be delivered and the mission benefits to be realized, (b) the estimated lifecycle cost for the entirety of the project/investment, including estimates for development as well as maintenance and operations, and (c) key milestones to be met; (2) demonstrates that each project/investment is, (a) consistent with the Farm Service Agency Information Technology Roadmap, (b) being managed in accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department’s capital planning and investment control requirements; and (3) has been reviewed by the Government Accountability Office and approved by the CommitteesReports.
Assessment.
on Appropriations of both Houses of Congress:Notification.
Advance approval.
That none of the funds available to the Farm Service Agency shall be used to permanently relocate county based employees that would result in an office with two or fewer employees without prior notification and approval of the Committees on Appropriations of both Houses of Congress.state mediation grants
grassroots source water protection program
dairy indemnity program
geographically disadvantaged farmers and ranchers
agricultural credit insurance fund program account
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:
Pink Bollworm.
That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans.For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: $249,000 for emergency loans, to remain available until expended; and $23,520,000 for direct farm operating loans, $11,228,000 for unsubsidized guaranteed farm operating loans, $10,983,000 for the relending program, and $894,000 for Indian highly fractionated land loans.
In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $326,461,000:
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:
Notification.
Time period.
That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer.Risk Management Agency
salaries and expenses
Natural Resources Conservation Service
conservation operations
watershed and flood prevention operations
Applicability.
That for funds provided by this Act or any other prior Act, the limitation regarding the size of the watershed or subwatershed exceeding two hundred and fifty thousand acres in which such activities can be undertaken shall only apply for activities undertaken for the primary purpose of flood prevention (including structural and land treatment measures):watershed rehabilitation program
healthy forests reserve program
urban agriculture and innovative production
CORPORATIONSContracts.
Federal Crop Insurance Corporation Fund
Commodity Credit Corporation Fund
reimbursement for net realized losses
Notification.
Time period.
That the Secretary shall notify the Committees on Appropriations of the House and Senate in writing 15 days prior to the obligation or commitment of any emergency funds from the Commodity Credit Corporation.hazardous waste management
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
Rural Development
salaries and expenses
Rural Housing Service
rural housing insurance fund program account
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:
Fees.
That to support the loan program level for section 538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not be subsidized:Deadline.
That of the amounts available under this paragraph for section 502 direct loans, no less than $5,000,000 shall be available for direct loans for individuals whose homes will be built pursuant to a program funded with a mutual and self-help housing grant authorized by section 523 of the Housing Act of 1949 until June 1, 2023:Incentives.
Determination.
That the Secretary shall implement provisions to provide incentives to nonprofit organizations and public housing authorities to facilitate the acquisition of Rural Housing Service (RHS) multifamily housing properties by such nonprofit organizations and public housing authorities that commit to keep such properties in the RHS multifamily housing program for a period of time as determined by the Secretary, with such incentives to include, but not be limited 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 “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:
Contracts.
That the Secretary shall, as part of the preservation and revitalization agreement, obtain a restrictive use agreement consistent with the terms of the restructuring.In addition, for the cost of direct loans, grants, and contracts, as authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1486), $14,084,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts.
In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $412,254,000 shall be paid to the appropriation for “Rural Development, Salaries and Expenses”.
rental assistance programTime periods.
Applicability.
That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act:Determination.
That except as provided in the fourth proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2023 for a project that the Secretary determines no longer needs rental assistance and use such recaptured funds for current needs.rural housing voucher account
Applicability.
That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development:mutual and self-help housing grants
rural housing assistance grants
rural community facilities program account
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):
Loans.
Grants.
That any unobligated balances from prior year appropriations under this heading for the cost of direct loans, loan guarantees and grants, including amounts deobligated or cancelled, may be made available to cover the subsidy costs for direct loans and or loan guarantees under this heading in this fiscal year:Rural Business—Cooperative Service
rural business program account
intermediary relending program fund account
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):
In addition, for administrative expenses to carry out the direct loan programs, $4,468,000 shall be paid to the appropriation for “Rural Development, Salaries and Expenses”.
rural economic development loans program account
rural cooperative development grants
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:
Loans.
That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.healthy food financing initiative
Loans.
That such costs of loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.Rural Utilities Service
rural water and waste disposal program account
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:
Alaska.
That not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105–83 for training and technical assistance programs:Determination.
That not to exceed $37,500,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $8,500,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities:Determination.
That if the Secretary determines that any portion of the amount made available for one percent loans is not needed for such loans, the Secretary may use such amounts for grants authorized by section 306(a)(2) of the Consolidated Farm and Rural Development Act:rural electrification and telecommunications loans program account
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:
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):
In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $33,270,000, which 136 STAT. 4486 shall be paid to the appropriation for “Rural Development, Salaries and Expenses”.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $64,991,000, to remain available until expended, of which up to $4,991,000 shall be for the purposes, and in the amounts, specified for this account in the table titled “Community Project Funding/Congressionally Directed Spending” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):
Grants.
That funding provided under this heading for grants under section 379G of the Consolidated Farm and Rural Development Act may only be provided to entities that meet all of the eligibility criteria for a consortium as established by this section.For the cost of broadband loans, as authorized by sections 601 and 602 of the Rural Electrification Act, $3,000,000, to remain available until expended:
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):
Grants.
That the Secretary may award grants described in section 601(a) of the Rural Electrification Act of 1936, as amended (7 U.S.C. 950bb(a)) for the purposes of carrying out such pilot program:Requirements.
That for purposes of this paragraph, the Secretary shall adhere to the notice, reporting and service area assessment requirements set forth in section 701 of the Rural Electrification Act (7 U.S.C. 950cc).In addition, $35,000,000, to remain available until expended, for the Community Connect Grant Program authorized by 7 U.S.C. 950bb–3.
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer Services
Food and Nutrition Service
child nutrition programs
special supplemental nutrition program for women, infants, and children (wic)
Waiver authority.
That upon termination of a federally mandated vendor moratorium and subject to terms and conditions established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency.supplemental nutrition assistance program
Workfare requirements.
That this appropriation shall be subject to any work registration or workfare requirements as may be required by law:Contracts.
Studies.
Evaluations.
That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008.commodity assistance program
nutrition programs administration
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural Affairs
office of codex alimentarius
Foreign Agricultural Service
salaries and expenses
Reimbursement.
That the Service may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs (7 U.S.C. 1737) and the foreign assistance programs of the United States Agency for International Development:food for peace title ii grants
mcgovern-dole international food for education and child nutrition program grants
Reimbursement.
That the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein:commodity credit corporation export (loans) credit guarantee program account
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
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:
Determination.
That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner:Advance approval.
funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress.
Fees.
In addition, mammography user fees authorized by 42 U.S.C. 263b, export certification user fees authorized by 21 U.S.C. 381, priority review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed recall fees, food reinspection fees, and voluntary qualified importer program fees authorized by 21 U.S.C. 379j–31, outsourcing facility fees authorized by 21 U.S.C. 379j–62, prescription drug wholesale distributor licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1), third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical countermeasure priority review voucher user fees authorized by 21 U.S.C. 360bbb–4a, and fees relating to over-the-counter monograph drugs authorized by 21 U.S.C. 379j–72 shall be credited to this account, to remain available until expended.buildings and facilities
fda innovation account, cures act
Determination.
That upon a determination by the Commissioner that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the account:INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Notification.
That the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress:GENERAL PROVISIONS
Determination.
That, prior to purchasing additional motor vehicles, the Secretary must determine that such vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety:Notification.
Approval.
Deadline.
That the Secretary may not increase the Department of Agriculture’s fleet above the 2018 level unless the Secretary notifies in writing, and receives approval from, the Committees on Appropriations of both Houses of Congress within 30 days of the notification.Advance approvals.
Notifications.
Determination.
That the limitations on the obligation 136 STAT. 4496 of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center.Contracts.
Determination.
Approvals.
Notification.
That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress:Pornography.
Notification.
Time period.
That, of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2023, such unobligated balances shall carryover into fiscal year 2024 and shall remain available 136 STAT. 4498 until expended for any of the purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $350,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance:Notifications.
Approvals.
Time period.
Fees.
News stories.
Notification.
Time period.
Reimbursement.
Deadline.
Spending plan.
Determination.
Prisons and prisoners.
Loans.
Notification.
Time period.
That prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance.Notification.
Advance approval.
Applicability.
Effective date.
That until the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 (Public Law 113–79).Audits.
Evaluation.
Public information.
Reports.
Applicability.
Iron and steel products.
Definition.
Waiver request.
Public information.
Records.
Time period.
Web posting.
The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department.Applicability.
Definition.
For purposes of this section, the terms “United States” and “State” shall include each of the several States, the District of Columbia, and each Federally recognized Indian Tribe.Lobbying.
Definition.
That for purposes of this section, the term “Applicability.
That with respect to specific activities for which program levels have been made available by this Act that are not supported 136 STAT. 4504 by budget authority, the requirements of this section shall be applied to such program level.Human embryos.
Time periods.
School breakfast.
Hemp and hemp seeds.
Waiver authority.
Water.
Determination.
Time period.
Determination.
Compliance inspection.
7 USC 2144 note.
Poultry and poultry products.
China.
Time period.
Requirement.
School lunches.
Grants.
7 USC 2146 note.
Determination.
Deadline.
Fish and fishing.
Wetlands.
Conservation.
That the Secretary shall prioritize the wetland compliance needs of areas with significant numbers of individual wetlands, wetland acres, and conservation compliance requests.Genetic engineering.
Reports.
That, not later than 90 days after the end of fiscal year 2023, the Secretary shall submit a report to the Congress specifying the type, amount, and method of such assistance by state and territory and the status of the amounts obligated and plans for further expenditure, and include improvements that can be made to U.S. Department of Agriculture programs, either administratively or legislatively, to increase support for agricultural producers impacted by PFAS contamination and to enhance scientific knowledge on PFAS uptake in crops and 136 STAT. 4508 livestock and PFAS mitigation and remediation methods and disseminate such knowledge to agricultural producers.Termination date.
Continuation.
Urban and rural areas.
That the Institute for Rural Partnerships shall continue to dedicate resources to researching the causes and conditions of challenges facing rural areas, and develop community partnerships to address such challenges:Coordination.
Publication.
Reports.
That such partnership shall coordinate and publish an annual report.Reports.
That not later than eighteen months after the date of enactment of this Act, the National Academies of Sciences, Engineering, and Medicine shall submit its report to the Secretary of Agriculture, the Secretary of Health and Human Services, and the Congress of its systematic review and data analysis of the eight research topics:Recommenda-
tions.
Alcohol and alcoholic beverages.
That the Secretary of Agriculture shall ensure that the 2025 Dietary Guidelines for Americans process includes a recommendation for alcohol and shall be based on the preponderance of scientific and medical knowledge consistent with section 5341 of title 7 of United States Code:Reports.
Foreign investments.
Disclosures.
7 USC 3501 note.
Deadline.
Records.
Data.
That within 3 years after the enactment of this Act, the Secretary shall establish a streamlined process for electronic submission and retention of disclosures made under the Agricultural Foreign Investment Disclosure Act, including an internet database that contains disaggregated data from each disclosure submitted:Publication.
, That all prior year disclosures of foreign investments in agricultural land in the United States are published in the database:Plan.
Privacy.
That the plan includes a process to ensure the protection of personally identifiable information and that all disclosures of foreign investments in agricultural land on the USDA website be disaggregated by: (1) in any case in which such foreign person is an individual, the citizenship of such foreign person; and (2) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person.Kanpachi.
Kansas.
6 USC 190 note.
Deadline.
Determinations.
such transfer of function shall include the transfer of up to 40 full time equivalent positions, to be completed within 120 days of the effective date of the transfer of function, as jointly determined by the Secretaries.Deadline.
This division may be cited as the “
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2023.
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Department of Commerce Appropriations Act, 2023.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
Time periods.
For necessary expenses for international trade activities of the Department of Commerce provided for by law, to carry out activities associated with facilitating, attracting, and retaining business investment in the United States, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of 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:Applicability.
Assessments.
That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities:Grants.
Regulations.
Requirement.
That any grants awarded under such program shall be made pursuant to regulations to be prescribed by the Secretary, which shall require as a condition of the initial receipt of grant funds, a commitment by prospective grantees to accept full-time employment in the Global Markets unit of the International Trade Administration upon the completion of participation in the program.Bureau of Industry and Security
operations and administration
Applicability.
That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities:Public information.
That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments.Economic Development Administration
economic development assistance programs
salaries and expenses
Minority Business Development Agency
minority business development
Economic and Statistical Analysis
salaries and expenses
Bureau of the Census
current surveys and programs
periodic censuses and programs
National Telecommunications and Information Administration
salaries and expenses
Fees.
That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended:public telecommunications facilities, planning and construction
United States Patent and Trademark Office
salaries and expenses
Reduction.
That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2023, so as to result in a fiscal year 2023 appropriation from the general fund estimated at $0:Reduction.
That during fiscal year 2023, should the total amount of such offsetting collections be less than $4,253,404,000, this amount shall be reduced accordingly:Spending plan.
That the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section:National Institute of Standards and Technology
scientific and technical research and services
industrial technology services
construction of research facilities
Spending plan.
That the Director of the National Institute of Standards and Technology shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section:Budget estimates.
Time periods.
15 USC 1513b note.
That the Secretary of Commerce shall include in the budget justification materials for fiscal year 2024 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years.National Oceanic and Atmospheric Administration
operations, research, and facilities
procurement, acquisition and construction
Budget estimates.
Time periods.
15 USC 1513a note.
That the Secretary of Commerce shall include in budget justification materials for fiscal year 2024 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years.pacific coastal salmon recovery
Grants.
State listing.
Native Americans.
Guidelines.
That, of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the federally recognized Tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of Tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce:fisheries disaster assistance
fishermen’s contingency fund
fisheries finance program account
Departmental Management
salaries and expenses
Time period.
Reimbursement.
no employee of the Department of Commerce may be detailed or assigned from a bureau or office funded by this Act or any other Act to offices within the Office of the Secretary of the Department of Commerce for more than 180 days in a fiscal year unless the individual’s employing bureau or office is fully reimbursed for the salary and expenses of the employee for the entire period of assignment using funds provided under this heading:renovation and modernization
nonrecurring expenses fund
Notification.
Time period.
That any unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund, as authorized by section 111 of title I of division B of Public Law 116–93, may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds.office of inspector general
General Provisions—Department of Commerce
Certification.
Notification.
Time period.
That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.Incorporation by reference.
Applicability.
33 USC 878a note.
Reimbursement.
Child pornography.
Reimbursement.
Records.
Fee.
a customer still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service’s cost of processing, reproducing, and delivering such report or document.Grants.
Contracts.
Waiver authority.
This title may be cited as the “
Department of Justice Appropriations Act, 2023.
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
justice information sharing technology
Executive Office for Immigration Review
Office of Inspector General
United States Parole Commission
salaries and expenses
Term extension.
That, notwithstanding any other provision of law, upon the expiration of a term of office of a Commissioner, the Commissioner may continue to act until a successor has been appointed.Legal Activities
salaries and expenses, general legal activities
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 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:
Determination.
That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to “Salaries and Expenses, General Legal Activities” from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances:Reimbursement.
That of the amount appropriated, such sums as may be necessary shall be available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel Management for such salaries and expenses:In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, $31,738,000, to be appropriated from the Vaccine Injury Compensation Trust Fund and to remain available until expended.
salaries and expenses, antitrust division
Fees.
That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $190,000,000 in fiscal year 2023), shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended:Reduction.
That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2023, 136 STAT. 4524 so as to result in a final fiscal year 2023 appropriation from the general fund estimated at $35,000,000.salaries and expenses, united states attorneys
Human trafficking.
each United States Attorney shall establish or participate in a task force on human trafficking.united states trustee system fund
Reduction.
That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2023, net of amounts necessary to pay refunds due depositors, (estimated at $269,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from amounts deposited in the Fund as discretionary offsetting collections in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at $0.salaries and expenses, foreign claims settlement commission
fees and expenses of witnesses
salaries and expenses, community relations service
Determination.
That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances:assets forfeiture fund
United States Marshals Service
salaries and expenses
construction
federal prisoner detention
National Security Division
salaries and expenses
Determination.
That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances:Interagency Law Enforcement
interagency crime and drug enforcement
Reimbursement.
That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation.Federal Bureau of Investigation
salaries and expenses
construction
Drug Enforcement Administration
salaries and expenses
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
construction
Federal Prison System
salaries and expenses
42 USC 250a.
That the Attorney General may transfer to the Department of Health and Human Services such amounts as may be necessary for direct expenditures by that Department for medical relief for inmates of Federal penal and correctional institutions:Contracts.
Determination.
That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System:Donations.
That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past, notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities.buildings and facilities
federal prison industries, incorporated
Contracts.
The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation.limitation on administrative expenses, federal prison industries, incorporated
State and Local Law Enforcement Activities
violence against women prevention and prosecution programs
Grants.
That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act:Applicability.
That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program;Applicability.
That the grant conditions in section 40002(b) of the 1994 Act shall apply to grants made;Applicability.
That the definitions and grant conditions in section 109 of the 2022 Act, shall apply to this program;Applicability.
, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative;136 STAT. 4532Applicability.
That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative;Applicability.
, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this service line;Applicability.
, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative;Office of Justice Programs
research, evaluation and statistics
state and local law enforcement assistance
juvenile justice programs
public safety officer benefits
Determination.
That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for such disability and education payments, the Attorney General may transfer such amounts to “Public Safety Officer Benefits” from available appropriations for the Department of Justice as may be necessary to respond to such circumstances:Community Oriented Policing Services
community oriented policing services programs
Drugs and drug abuse.
, That funds appropriated under this paragraph shall be utilized for investigative purposes to locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers;Drugs and drug abuse.
these funds shall be utilized for investigative purposes to locate or investigate illicit activities, including activities related to the distribution of heroin or unlawful distribution of prescription opioids, or unlawful heroin and prescription opioid traffickers through statewide collaboration;General Provisions—Department of Justice
Abortion.
Abortion.
Prisons and prisoners.
Abortion.
Prisons and prisoners.
Prisons and prisoners.
Certification.
Applicability.
Determination.
Time period.
Waiver authority.
Firearms.
Time period.
Reports.
Live tissue.
Determination.
Alabama.
Designation.—
References.—
This title may be cited as the “
Science Appropriations Act, 2023.
SCIENCE
Office of Science and Technology Policy
National Space Council
National Aeronautics and Space Administration
science
aeronautics
space technology
Deadline.
Plan.
That, not later than 180 days after the enactment of this Act, the National Aeronautics and Space Administration shall provide a plan for the design of a flight demonstration.exploration
Time period.
Budget profile.
That the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate, concurrent with the annual budget submission, a 5-year budget profile for an integrated system that includes the SLS, the Orion Multi-Purpose Crew Vehicle, and associated ground systems that will ensure a crewed launch as early as possible, as well as a system-based funding profile for a sustained launch cadence that contemplates the use of an SLS Block 1B cargo variant with an 8.4 meter fairing and associated ground systems:space operations
science, technology, engineering, and mathematics engagement
safety, security and mission services
construction and environmental compliance and restoration
Contracts.
Time period.
51 USC 20145 note.
That proceeds from leases deposited into this account shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts:Budget request.
Estimate.
51 USC 30103 note.
each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 20145 of title 51, United States Code.office of inspector general
administrative provisions
51 USC 20144 note.
Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn.Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any funds transferred to “Construction and Environmental Compliance and Restoration” for construction activities shall not increase that account by more than 50 percent and any funds transferred to or within “Exploration” for Exploration Ground Systems shall not increase Exploration Ground Systems by more than $49,300,000. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.
Not to exceed 5 percent of any appropriation provided for the National Aeronautics and Space Administration under previous appropriations Acts that remains available for obligation or expenditure in fiscal year 2023 may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this provision shall retain its original availability and shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.
Spending plan.
The spending plan required by this Act shall be provided by the National Aeronautics and Space Administration at the theme, program, project, and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 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,
(1)
(2)
Information technology (it) modernization.—
Not to exceed $18,162,000 made available for the current fiscal year in this Act within “Safety, Security and Mission Services” may be transferred to the Working Capital Fund of the National Aeronautics and Space Administration. Balances so transferred shall be available until expended only for activities described in section 30102(b)(3) of title 51, United States Code, as amended by this Act, and shall remain available until expended. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.
National Science Foundation
research and related activities
major research equipment and facilities construction
stem education
agency operations and award management
Contracts.
That contracts may be entered into under this heading in fiscal year 2023 for maintenance and operation of facilities and for other services to be provided during the next fiscal year.office of the national science board
office of inspector general
administrative provisions
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.
Notification.
Time period.
The Director of the National Science Foundation (NSF) shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days in advance of any planned divestment through transfer, decommissioning, termination, or deconstruction of any NSF-owned facilities or any NSF capital assets (including land, structures, and equipment) valued greater than $2,500,000.
42 USC 1875a.
There is hereby established in the Treasury of the United States a fund to be known as the “National Science Foundation Nonrecurring Expenses Fund” (the Fund). Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the National Science Foundation by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund. Amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information and business technology system modernization and facilities infrastructure improvements, including nonrecurring maintenance, necessary for the operation of the Foundation or its funded research facilities, subject to approval by the Office of Management and Budget.Notification.
Time period.
Amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds.This title may be cited as the “
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
Donations.
That the Chair may accept and use any gift or donation to carry out the work of the Commission:Equal Employment Opportunity Commission
salaries and expenses
Workforce proposals.
Notification.
That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act:Donations.
That the Chair may accept and use any gift or donation to carry out the work of the Commission.International Trade Commission
salaries and expenses
Legal Services Corporation
payment to the legal services corporation
Applicability.
, That the authorities provided in section 205 of this Act shall be applicable to the Legal Services Corporation:administrative provision—legal services corporation
Marine Mammal Commission
salaries and expenses
Office of the United States Trade Representative
salaries and expenses
trade enforcement trust fund
State Justice Institute
salaries and expenses
GENERAL PROVISIONS
Propaganda.
Contracts.
Contracts.
Notification.
Time period.
Determination.
Definition.
Time period.
Reports.
Applicability.
That for the Department of Commerce, this section shall also apply to actions taken for the care and protection of loan collateral or grant property.Tobacco and tobacco products.
34 USC 20101 note.
Discrimination.
Audits.
Reports.
Deadline.
Public information.
Web posting.
Certification.
Effective date.
Determination.
Applicability.
The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to 136 STAT. 4557 the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities.Reviews.
Assessment.
Cyber threats.
Country listing.
in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or the Russian Federation.Mitigation strategy.
Determination.
determined, in consultation with NIST and the FBI, that the acquisition of such system is in the national interest of the United States; andReports.
reported that determination to the Committees on Appropriations of the House of Representatives and the Senate and the agency Inspector General.Torture.
National security letter.
Notifications.
Deadline.
Determination.
Statement.
Cost estimates.
Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project’s management structure is adequate to control total project or procurement costs.Contracts.
Grants.
Certification.
Taxes.
Time periods.
(rescissions)
Deadlines.
Reports.
Airline travel.
Conference attendees.
Determinations.
Notifications.
Deadline.
Performance plan.
Reports.
Time period.
Light bulbs.
China.
Certification.
Determination.
Deadline.
Pornography.
Spending plans.
Deadline.
Contracts.
State listing.
District of Columbia.
Territories.
Medical marijuana.
Reports.
China.
Definition.
That for purposes of this section, the term “Exports and imports.
Canada.
Firearms.
President.
Determination.
Federal Register, publication.
Termination.
The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased.136 STAT. 4563Firearms.
Ammunition.
Exports and imports.
Firearms.
Khalid Sheikh Mohammed.
Detainees.
Cuba.
Detainees.
Cuba.
Time period.
Plan.
Costs.
Schedule.
Estimate.
Such plan shall include each of the requirements described in subsection (c)(2) of section 30104 of title 51, United States Code, as well as an estimated date for completion of design and construction of the Mobile Launcher 2.Reports.
Deadlines.
Allocations.
Notifications.
Reallocations.
Allocations.
Reports.
This division may be cited as the “
Department of Defense Appropriations Act, 2023.
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
MILITARY PERSONNEL
Military Personnel, Army
Military Personnel, Navy
Military Personnel, Marine Corps
Military Personnel, Air Force
Military Personnel, Space Force
Reserve Personnel, Army
Reserve Personnel, Navy
Reserve Personnel, Marine Corps
Reserve Personnel, Air Force
National Guard Personnel, Army
National Guard Personnel, Air Force
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
Operation and Maintenance, Navy
Operation and Maintenance, Marine Corps
Operation and Maintenance, Air Force
Operation and Maintenance, Space Force
Operation and Maintenance, Defense-Wide
Reports.
That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this paragraph:Counter-ISIS Train and Equip Fund
Security mission.
Notifications.
That amounts made available under this heading shall be available to provide assistance only for activities in a country designated by the Secretary of Defense, in coordination with the Secretary of State, as having a security mission to counter the Islamic State of Iraq and Syria, and following written notification to the congressional defense committees of such designation:Assessment.
Iran.
That the Secretary of Defense shall ensure that prior to providing assistance to elements of any forces or individuals, such elements or individuals are appropriately vetted, including at a minimum, assessing such elements for associations with terrorist groups or groups associated with the Government of Iran; and receiving commitments from such elements to promote respect for human rights and the rule of law:Time period.
Notifications.
That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation:Iraq.
That the Secretary of Defense may accept and retain contributions, including assistance in-kind, from foreign governments, including the Government of Iraq and other entities, to carry out assistance authorized under this heading:Waiver authority.
Determination.
Notice.
That the Secretary of Defense may waive a provision of law relating to the acquisition of items and support services or sections 40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary determines that such provision of law would prohibit, restrict, delay or otherwise limit the provision of such assistance and a notice of and justification for such waiver is submitted to the congressional defense committees, the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives:Notifications.
That the United States may accept equipment procured using funds provided under this heading, or under the heading, “Iraq Train and Equip Fund” in prior Acts, that was transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria and returned by such forces or groups to the United States, and such equipment may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees:Determination.
That equipment procured using funds provided under this heading, or under the heading, “Iraq Train and Equip Fund” in prior Acts, and not yet transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria may be treated as stocks 136 STAT. 4572 of the Department of Defense when determined by the Secretary to no longer be required for transfer to such forces or groups and upon written notification to the congressional defense committees:Reports.
That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided under this heading, including, but not limited to, the number of individuals trained, the nature and scope of support and sustainment provided to each group or individual, the area of operations for each group, and the contributions of other countries, groups, or individuals.Operation and Maintenance, Army Reserve
Operation and Maintenance, Navy Reserve
Operation and Maintenance, Marine Corps Reserve
Operation and Maintenance, Air Force Reserve
Operation and Maintenance, Army National Guard
Operation and Maintenance, Air National Guard
United States Court of Appeals for the Armed Forces
Environmental Restoration, Army
Determinations.
For the Department of the Army, $324,500,000, to remain available until transferred:Environmental Restoration, Navy
Determinations.
the Department of the Navy, $400,113,000, to remain available until transferred:Environmental Restoration, Air Force
Determinations.
For the Department of the Air Force, $573,810,000, to remain available until transferred:Environmental Restoration, Defense-Wide
Determinations.
For the Department of Defense, $10,979,000, to remain available until transferred:Environmental Restoration, Formerly Used Defense Sites
Determinations.
For the Department of the Army, $317,580,000, to remain available until transferred:Overseas Humanitarian, Disaster, and Civic Aid
Cooperative Threat Reduction Account
Department of Defense Acquisition Workforce Development Account
PROCUREMENT
Aircraft Procurement, Army
Missile Procurement, Army
Procurement of Weapons and Tracked Combat Vehicles, Army
Procurement of Ammunition, Army
Other Procurement, Army
Aircraft Procurement, Navy
Weapons Procurement, Navy
Procurement of Ammunition, Navy and Marine Corps
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:
In all: $31,955,124,000, to remain available for obligation until September 30, 2027:
Other Procurement, Navy
Procurement, Marine Corps
Aircraft Procurement, Air Force
Missile Procurement, Air Force
Procurement of Ammunition, Air Force
Other Procurement, Air Force
Procurement, Space Force
Procurement, Defense-Wide
Defense Production Act Purchases
National Guard and Reserve Equipment Account
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
Research, Development, Test and Evaluation, Navy
Research, Development, Test and Evaluation, Air Force
Research, Development, Test and Evaluation, Space Force
Research, Development, Test and Evaluation, Defense-Wide
Operational Test and Evaluation, Defense
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
Reports.
That the Secretary of Defense shall submit to the congressional defense committees quarterly reports on the current status of the deployment of the electronic health record:Notice.
Deadline.
Time period.
That the Secretary of Defense shall provide notice to the congressional defense committees not later than 10 business days after delaying the proposed timeline of such deployment if such delay is longer than 1 week:Reviews.
That the Comptroller General of the United States shall perform quarterly performance reviews of such deployment.Chemical Agents and Munitions Destruction, Defense
Drug Interdiction and Counter-Drug Activities, Defense
Determination.
That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred 136 STAT. 4584 back to this appropriation:Notifications.
funds appropriated under this heading may be used to support a new start program or project only after written prior notification to the Committees on Appropriations of the House of Representatives and the Senate.Office of the Inspector General
Support for International Sporting Competitions
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
Intelligence Community Management Account
GENERAL PROVISIONS
Propaganda.
10 USC 1584 note.
Turkey.
That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey.Time period.
(transfer of funds)
Sec. 8005.Determination.
Notification.
That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act:Reprogramming requests.
That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations of the House of Representatives and the Senate for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress:Reprogramming requests.
Deadline.
That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2023:Applicability.
That section 8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts.Reports.
Certification.
(transfer of funds)
Sec. 8008.Notifications.
Determination.
Approval.
transfers may be made between working capital funds and 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:Notification.
Time period.
Contracts.
Notifications.
Time periods.
10 USC 3501 note.
Requirement.
Analysis.
Determination.
That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement:Budget request.
Humanitarian assistance.
Territories.
Reports.
That such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 401 of title 10, United States Code, and these obligations shall be reported as required by section 401(d) of title 10, United States Code:Determination.
Hawaii.
That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam.Workforce reduction.
Analysis.
Budget request.
Lobbying.
(transfer of funds)
Sec. 8015.Anchor and mooring chain.
Definition.
That for the purpose of this section, the term “Waiver authority.
Certification.
That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the Service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that such an acquisition must be made in order to acquire capability for national security purposes.Alcohol and alcoholic beverages.
Applicability.
That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State:Arms and munitions.
Certification.
Waiver authority.
Certification.
That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relocation is required in the best interest of the Government.Contracts.
That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making appropriations for the Department of Defense with respect to any fiscal year:Applicability.
That notwithstanding section 1906 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code.Native Americans.
State listing.
Determination.
Definition.
Reports.
Budget estimates.
That the Secretary of Defense shall, with the submission of the department’s fiscal year 2024 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC by program during that fiscal year and the associated budget estimates, by appropriation account and program.Definition.
Definition.
Certification.
Cost estimates.
That the Senior Acquisition Executive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids:Compliance.
Definition.
For purposes of this subsection, the term “Determinations.
Labeling.
Fraud.
Debarment.
Contracts.
Applicability.
That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate:Waiver authority.
Certification.
That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes:Determination.
Contracts.
Rescission.
41 USC 8304 note.
Memorandum.
Reports.
Definition.
Contracts.
Ball and roller bearings.
Waiver authority.
Certification.
That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes:Applicability.
That this restriction shall not apply to the purchase of “commercial products”, as defined by section 103 of title 41, United States Code, except that the restriction shall apply to ball or roller bearings purchased as end items.Time period.
Execution plan.
That none of the funds provided under this section may be obligated or expended until 90 days after the Secretary of Defense provides the Committees on Appropriations of the House of Representatives and the Senate a detailed execution plan for such funds.Supercomputers.
Certification.
Waiver authority.
Determination.
Applicability.
Contracts.
Effective date.
Subsection (a) applies with respect to—Flags.
10 USC 4862 note.
Determination.
That upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in a named contingency operation overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000.Humanitarian assistance.
funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses:Regulations.
Tobacco and tobacco products.
10 USC 2484 note.
Budget request.
Contracts.
50 USC 3521 note.
(including transfer of funds)
Waiver authority.
Determination.
Certification.
Determination.
Contracts.
Effective date.
Plan.
Determination.
(rescissions)
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:
North Korea.
Armed Forces remains.
That this restriction shall not apply to any activities incidental to the Defense POW/MIA Accounting Agency mission to recover and identify the remains of United States Armed Forces personnel from the Democratic People’s Republic of Korea.Reimbursement.
Drugs and drug abuse.
10 USC 274 note.
50 USC 3506 note.
Determination.
That upon the determination of the Secretary of Defense that it shall serve the national interest, the Secretary shall make grants in the amounts specified as follows: $24,000,000 to the United Service Organizations and $25,000,000 to the Red Cross.Reports.
The Secretary of each military department, the Director of each Defense Agency, and the head of each other relevant component of the Department 136 STAT. 4600 of Defense shall submit to the congressional defense committees, concurrent with submission of the budget justification documents to Congress pursuant to section 1105 of title 31, United States Code, a report with a detailed accounting of the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides taken from programs, projects, or activities within such department, agency, or component during the most recently completed fiscal year.Contracts.
(including transfer of funds)
Budget statement.
Time period.
That the Under Secretary of Defense (Comptroller) shall include with the budget of the President for fiscal year 2024 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a statement describing each instance if any, during each of the fiscal years 2016 through 2023 in which the authority in this section was exercised.Reimbursement.
Determination.
Certification.
Reports.
Certifications.
Reports.
List.
That the report shall set forth, for each end item covered by the preceding proviso, a detailed list of the statutory authorities under which amounts in the accounts described in that proviso were used for such item:Compliance.
That the Secretary of Defense shall, at the time of the submittal to Congress of the budget of the President for fiscal year 2024 pursuant to section 1105 of title 31, United States Code, submit to the congressional defense committees a certification that funds requested for fiscal year 2024 in research, development, test and evaluation accounts are in compliance with this section:Waiver authority.
That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so.Time period.
Reports.
Strategies.
Cost estimates.
Waiver authority.
Certification.
That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so.Classified
information.
Reports.
Arms and munitions.
Contracts.
Waiver authority.
Time period.
(including transfer of funds)
Contracts.
Real property.
That the Secretary of Defense is authorized to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section:Determination.
That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be necessary:Compliance.
Determination.
That projects authorized by this section shall comply with applicable Federal, State, and local law to the maximum extent consistent with the national security, as determined by the Secretary of Defense.Study.
Proposals.
Risk assessment.
Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative processes will adversely affect counterintelligence.Certifications.
Deadline.
(including transfer of funds)
Time period.
Execution plan.
That none of the funds provided under this section may be obligated or expended until 60 days after the Secretary of Defense provides to the congressional defense committees an execution plan:Time period.
Notifications.
That not less than 30 days prior to any transfer of funds, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer:(including transfer of funds)
(including transfer of funds)
Proposal.
That the command and control relationships which existed on October 1, 2004, shall remain in force until a written modification has been proposed to the Committees on Appropriations of the House of Representatives and the Senate:Time period.
Notification.
That the proposed modification may be implemented 30 days after the notification unless an objection is received from either the House or Senate Appropriations Committees:Notice.
Effective date.
10 USC 3601 note.
(including transfer of funds)
Notifications.
Determination.
Grants.
Fisher House Foundation, Inc.
notwithstanding any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national interest, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary.Nuclear armed interceptors.
53rd Weather Reconnaissance Squadron.
Foreign intelligence.
Tactical unmanned aerial vehicles.
Research and development.
Science and technology.
Real property.
Applicability.
Reports.
Certification.
Notifications.
Time periods.
Public information.
Web posting.
Reports.
Determination.
Time period.
Contracts.
Certification.
Waiver authority.
Determination.
Public information.
Time period.
The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days 136 STAT. 4610 before the contract or subcontract addressed in the determination may be awarded.(including transfer of funds)
Notifications.
That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to the Committees on Appropriations of the House of Representatives and the Senate.(including transfer of funds)
Determination.
Reprogramming requests.
Deadline.
That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2023.Reimbursement.
That such amounts are available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States Department of Transportation for programs, projects, activities, and expenses 136 STAT. 4611 related to the National Defense Reserve Fleet:Grants.
Public information.
Web posting.
Surveillance.
Salaries.
Reimbursements.
such amounts are available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet.Gaming.
Adult entertainment.
Contracts.
Deadline.
the Secretary of the Navy shall incorporate United States manufactured propulsion engines and propulsion reduction gears into the FFG(X) Frigate program beginning not later than with the eleventh ship of the program.Contracts.
Pornography.
Determination.
Contracts.
Memorandums.
Grants.
Loans.
Corporations.
Taxes.
Determination.
Grants.
Contracts.
That such funds shall only be available to the Secretary of Defense, acting through the Office of Local Defense Community Cooperation of the Department of Defense, or for transfer to the Secretary of Education, notwithstanding any other provision of law, to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools:Determination.
That in making such funds available, the Office of Local Defense Community Cooperation or the Secretary of Education shall give priority consideration to those military installations with schools having the most serious capacity or facility condition deficiencies as determined by the Secretary of Defense:Applicability.
these provisions apply to funds provided under this section, and to funds previously provided by Congress to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools to the extent such funds remain unobligated on the date of enactment of this section.Time period.
Notifications.
That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any such obligation:Deadline.
That the Secretary of Defense shall, not more than 60 days after such notification is made, inform such committees if such funds have not been obligated and the reasons therefor:Consultation.
That the Secretary of Defense shall consult with such committees in advance of the provision of support provided to other forces or groups recognized by and under the authority of the Government of Ukraine:Notifications.
That equipment procured using funds made available in this section in this or prior Acts, and not yet transferred 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:Reports.
That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use and status of funds made available in this section.Time period.
Notifications.
That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any planned obligation:Reports.
the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this section.Time period.
Notifications.
That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any planned obligation and the nature of the expenses incurred:Reports.
the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this section.Child soldiers.
Taliban.
Contracts.
Memorandums.
Grants.
Loans.
Rosoboronexport.
Waiver authority.
Determination.
Certification.
Russia.
Syria.
Review.
Reports.
(including transfer of funds)
Determination.
That upon a determination that all or part of the funds transferred from this appropriation are not necessary for 136 STAT. 4617 the purposes provided in this section, such amounts may be transferred back to this section:Time period.
Notifications.
That not less than 30 days prior to any transfer of funds pursuant to this section, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer:Time period.
Reports.
That not later than 60 days after the enactment of this Act and every 30 days thereafter through fiscal year 2024, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided in this section.Vietnam.
Determination.
Notifications.
Deadline.
(including transfer of funds)
Time period.
Execution plan.
That none of the funds provided under this section may be obligated or expended until 30 days after the Secretary of Defense provides the Committees on Appropriations of the House of Representatives and the Senate a detailed execution plan for such funds.Time period.
Notifications.
That such equipment may 136 STAT. 4618 be transferred 15 days following written notification to the congressional defense committees.Determination.
Time period.
Notifications.
such reimbursement payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following written notification to the appropriate congressional committees:Contracts.
Time period.
Notifications.
That these funds may be used for the purpose of providing specialized training and procuring supplies and specialized equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military and stability operations to counter the Islamic State of Iraq and Syria, and 15 days following written notification to the appropriate congressional committees:Reports.
That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this section.Applicability.
Embryos.
Definition.
Notifications.
Deadline.
Time period.
That not fewer than 15 days prior to obligating such funds, the Secretary of Defense shall submit to the congressional defense committees in writing a notification of the planned use of such contributions, including whether such contributions would support existing or new stationing or operations of the United States Armed Forces.Reports.
Costs.
Deadline.
Notifications.
Iraq.
Syria.
Iran.
North Korea.
Iraq.
Syria.
Wuhan Institute of Virology.
Azov Battalion.
Khalid Sheikh Mohammed.
Detainees.
Cuba.
Detainees.
Cuba.
Detainees.
Cuba.
Cuba.
EcoHealth Alliance, Inc.
China.
Determination.
Waiver authority.
Deadline.
Deadline.
Allocation.
Reallocation.
Allocations.
Reports.
Ridge Alkonis.
Determination.
This division may be cited as the “
Energy and Water Development and Related Agencies Appropriations Act, 2023.
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers—Civil
investigations
Work plan.
the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.construction
Work plan.
That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.mississippi river and tributaries
Work plan.
That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.operation and maintenance
Time period.
Determination.
Allocation.
That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities:Work plan.
That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.regulatory program
formerly utilized sites remedial action program
flood control and coastal emergencies
expenses
office of the assistant secretary of the army for civil works
Reports.
Work plan.
That not more than 75 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section 101(d) of this Act and a work plan that allocates at least 95 percent of the additional funding provided under each heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), to specific programs, projects, or activities.water infrastructure finance and innovation program account
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
Advance approvals.
Advance approvals.
Advance approvals.
Investigations.—
Construction.—
Operation and maintenance.—
Notifications.
That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon thereafter as practicable:Guidelines.
Applicability.
Mississippi river and tributaries.—
Formerly utilized sites remedial action program.—
De Minimus Reprogrammings.—
Continuing Authorities Program.—
Reports.
Allocation.
Contracts.
Kentucky.
Allocations.
Determinations.
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
BUREAU OF RECLAMATION
water and related resources
central valley project restoration fund
Assessments.
That the Bureau of Reclamation is directed to assess and collect the full amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102–575:Contracts.
That none of the funds made available under this heading may be used for the acquisition or leasing of water for in-stream purposes if the water is already committed to in-stream purposes by a court adopted decree or order.california bay-delta restoration
policy and administration
administrative provision
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR
Advance approvals.
Definition.
Reports.
Determination.
California.
Plan.
Reimbursements.
Applicability.
Ante, p. 221.
shall be applied by substituting “2023” for “2022” each place it appears.118 Stat. 1696.
Applicability.
123 Stat. 1309.
shall be applied by substituting “2023” for “2022”.Applicability.
43 USC 2214 note.
43 USC 2241 note.
114 Stat. 2658.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
Cybersecurity, Energy Security, and Emergency Response
Electricity
Nuclear Energy
Fossil Energy and Carbon Management
Energy Projects
Naval Petroleum and Oil Shale Reserves
Strategic Petroleum Reserve
SPR Petroleum Account
Northeast Home Heating Oil Reserve
Energy Information Administration
Non-Defense Environmental Cleanup
Uranium Enrichment Decontamination and Decommissioning Fund
Science
Nuclear Waste Disposal
Technology Transitions
Clean Energy Demonstrations
Advanced Research Projects Agency—Energy
Title 17 Innovative Technology Loan Guarantee Program
(including rescission of funds)
Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: 136 STAT. 4636
Reduction.
That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2023 (estimated at $35,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from fees collected in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at $0: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:
Determination.
That the preceding proviso shall not be interpreted as precluding the use of the loan guarantee authority provided under this paragraph for commitments to guarantee loans for: (1) projects as a result of such projects benefitting from otherwise allowable Federal income tax benefits; (2) projects as a result of such projects benefitting from being located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is: (A) paid exclusively in cash; (B) deposited in the Treasury as offsetting receipts; and (C) equal to the fair 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:Certification.
Compliance.
That none of the loan guarantee authority made available under this paragraph shall be available for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this paragraph.Advanced Technology Vehicles Manufacturing Loan Program
Tribal Energy Loan Guarantee Program
25 USC 3502 note.
in this fiscal year and subsequent fiscal years, under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the Secretary of Energy may also provide direct loans, as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a):25 USC 3502 note.
That such direct loans shall be made through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest:25 USC 3502 note.
That any funds previously appropriated for the cost of loan guarantees under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may also be used, in this fiscal year and subsequent fiscal years, for the cost of direct loans provided under such section of such Act:Indian Energy Policy and Programs
Departmental Administration
Reduction.
That the sum herein appropriated shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $283,000,000.Office of the Inspector General
ATOMIC ENERGY DEFENSE ACTIVITIES
Weapons Activities
Defense Nuclear Nonproliferation
Naval Reactors
Federal Salaries and Expenses
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
Defense Uranium Enrichment Decontamination and Decommissioning
Other Defense Activities
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Operation and Maintenance, Southeastern Power Administration
Reduction.
That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $0:Operation and Maintenance, Southwestern Power Administration
Reduction.
the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $10,608,000:Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration
Reduction.
That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $98,732,000, of which $98,732,000 is derived from the Reclamation Fund:Falcon and Amistad Operating and Maintenance Fund
Reduction.
That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $228,000:Federal Energy Regulatory Commission
salaries and expenses
42 USC 7171 note.
That notwithstanding any other provision of law, not to exceed $508,400,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2023 shall be retained and used for expenses necessary in this account, and shall remain available until expended:Reduction.
42 USC 7171 note.
That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $0.GENERAL PROVISIONS—DEPARTMENT OF ENERGY
Notifications.
Time period.
Grants.
Contracts.
Reports.
Contracts.
Grants.
Notifications.
Time period.
Notifications.
Advance approvals.
Time period.
Waiver authority.
Notifications.
Deadline.
Oversight.
Compliance.
Cost estimate.
Determination.
President.
Repeals.
Property interests.
42 USC 7274l–1.
Definition.
INDEPENDENT AGENCIES
Appalachian Regional Commission
Defense Nuclear Facilities Safety Board
salaries and expenses
Delta Regional Authority
salaries and expenses
Denali Commission
Northern Border Regional Commission
Southeast Crescent Regional Commission
Southwest Border Regional Commission
Nuclear Regulatory Commission
salaries and expenses
Reduction.
That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation estimated at not more than $133,886,000.office of inspector general
Reduction.
That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation estimated at not more than $3,114,000:Nuclear Waste Technical Review Board
salaries and expenses
GENERAL PROVISIONS—INDEPENDENT AGENCIES
Compliance.
Notifications.
Time period.
Waiver authority.
Notifications.
Deadline.
Reports.
Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities.Reports.
GENERAL PROVISIONS
Lobbying.
Reports.
Time periods.
Pornography.
This division may be cited as the “
Financial Services and General Government Appropriations Act, 2023.
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2023
Department of the Treasury Appropriations Act, 2023.
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
committee on foreign investment in the united states fund
Notifications.
That the chairperson of the Committee may transfer such amounts to any department or agency represented on the Committee (including the Department of the Treasury) subject to advance notification to the Committees on Appropriations of the House of Representatives and the Senate:Reduction.
That the total amount appropriated under this heading from the general fund shall be reduced as such offsetting collections are received during fiscal year 2023, so as to result in a total appropriation from the general fund estimated at not more than $0.office of terrorism and financial intelligence
cybersecurity enhancement account
department-wide systems and capital investments programs
office of inspector general
treasury inspector general for tax administration
special inspector general for the troubled asset relief program
Financial Crimes Enforcement Network
salaries and expenses
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal Service, $372,485,000; of which not to exceed $8,000,000, to remain available until September 30, 2025, is for information systems modernization initiatives; and of which $5,000 shall be available for official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability Trust Fund to reimburse administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101–380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
United States Mint
united states mint public enterprise fund
Community Development Financial Institutions Fund Program Account
Definition.
Time period.
State and local governments.
Puerto Rico.
, That for purposes of this section, the term “Termination date.
12 USC 4713a note.
, That such section 114A shall remain in effect until December 31, 2023:Definition.
Puerto Rico.
Time periods.
, That for the purposes of this paragraph and paragraph (1), the term “Internal Revenue Service
taxpayer services
enforcement
operations support
Reports.
Summaries.
Strategies.
26 USC 7801 note.
That not later than 30 days after the end of each quarter, the Internal Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General of the United States detailing major information technology investments in the Internal Revenue Service Integrated Modernization Business Plan portfolio, including detailed, plain language summaries on the status of plans, costs, and results; prior results and actual expenditures of the prior quarter; upcoming deliverables and costs for the fiscal year; risks and mitigation strategies associated with ongoing work; reasons for any cost or schedule variances; and total expenditures by fiscal year:Summaries.
That the Internal Revenue Service shall include, in its budget justification 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
Advance approvals.
Policies.
Procedures.
Confidentiality.
Identify theft.
Notice.
Administrative Provisions—Department of the Treasury
Contracts.
Advance approvals.
Advance approvals.
Reimbursement.
That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund.Approval requirement.
Approval requirement.
Plan.
Deadline.
Nonprofit organizations.
Applicability.
Determination.
Reports.
Reports.
Estimate.
Estimate.
Testimony.
31 USC 5142 note.
(title I of division D of Public Law 116–6)This title may be cited as the “
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
Executive Residence at the White House
operating expenses
reimbursable expenses
Requirement.
Advance payment.
Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended:Requirement.
further, That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit $25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year:Notice.
Deadline.
the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice:Penalties.
Deadline.
That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt 136 STAT. 4662 on a United States Government claim under 31 U.S.C. 3717:Reports.
That the Executive Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year covered by this Act, a report setting forth the reimbursable operating expenses of the Executive Residence during the preceding fiscal year, including the total amount of such expenses, the amount of such total that consists of reimbursable official and ceremonial events, the amount of such total that consists of reimbursable political events, and the portion of each such amount that has been reimbursed as of the date of the report:Records.
That the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable events within the Executive Residence that includes a standard for the classification of any such expense as political or nonpolitical:White House Repair and Restoration
Council of Economic Advisers
salaries and expenses
National Security Council and Homeland Security Council
salaries and expenses
Office of Administration
salaries and expenses
Office of Management and Budget
salaries and expenses
Deadline.
Policy reviews.
the Office of Management and Budget shall have not more than 60 days in which to perform budgetary policy reviews of water resource matters on which the Chief of Engineers has reported:Notifications.
That the Director of the Office of Management and Budget shall notify the appropriate authorizing and appropriating committees when the 60-day review is initiated:Reports.
That if water resource reports have not been transmitted to the appropriate authorizing and appropriating committees within 15 days after the end of the Office of Management and Budget review period based on the notification from the Director, Congress shall assume Office of Management and Budget concurrence with the report and act accordingly:Deadline.
Public information.
Web posting.
List.
no later than 14 days after the submission of the budget of the United States Government for fiscal year 2024, the 136 STAT. 4664 Director of the Office of Management and Budget shall make publicly available on a website a tabular list for each agency that submits budget justification materials (as defined in section 3 of the Federal Funding Accountability and Transparency Act of 2006) that shall include, at minimum, the name of the agency, the date on which the budget justification materials of the agency were submitted to Congress, and a uniform resource locator where the budget justification materials are published on the website of the agency.Intellectual Property Enforcement Coordinator
Office of the National Cyber Director
salaries and expenses
Office of National Drug Control Policy
salaries and expenses
21 USC 1702 note.
That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office.federal drug control programs
Deadline.
necessary expenses of the Office of National Drug Control Policy’s High Intensity Drug Trafficking Areas Program, $302,000,000, to remain available until September 30, 2024, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas (“HIDTAs”), of which not less than 51 percent shall be transferred to State and local entities for drug control activities and shall 136 STAT. 4665 be obligated not later than 120 days after enactment of this Act:Submissions.
That each HIDTA designated as of September 30, 2022, shall be funded at not less than the fiscal year 2022 base level, unless the Director submits to the Committees on Appropriations of the House of Representatives and the Senate justification for changes to those levels based on clearly articulated priorities and published Office of National Drug Control Policy performance measures of effectiveness:Notifications.
Deadlines.
Determination.
That the Director shall notify the Committees on Appropriations of the initial allocation of fiscal year 2023 funding among HIDTAs not later than 45 days after enactment of this Act, and shall notify the Committees of planned uses of discretionary HIDTA funding, as determined in consultation with the HIDTA Directors, not later than 90 days after enactment of this Act:Determination.
Notifications.
That upon a determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes provided herein and upon notification to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to this appropriation.other federal drug control programs
Time period.
Spending plan.
That the Director of the Office of National Drug Control Policy shall, not fewer than 30 days prior to obligating funds under this heading for United States membership dues to the World Anti-Doping Agency, submit to the Committees on Appropriations of the House of Representatives and the Senate a spending plan and explanation of the proposed uses of these funds.Unanticipated Needs
Information Technology Oversight and Reform
Special Assistance to the President
salaries and expenses
Official Residence of the Vice President
operating expenses
Administrative Provisions—Executive Office of the President and Funds Appropriated to the President
Advance approvals.
Approval requirement.
That no amount shall be transferred from “Special Assistance to the President” or “Official Residence of the Vice President” without the approval of the Vice President.President.
Budget statement.
Cost estimates.
Time period.
Summary.
Deadline.
Applicability.
Deadline.
Memorandum.
Compliance.
Time periods.
Apportionment.
Applicability.
31 USC 1513 note.
This title may be cited as the “
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
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses of the court, as authorized by law, $36,735,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and necessary expenses of the court, as authorized by law, $21,260,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court.136 STAT. 4669
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal Claims, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, necessary expenses of the courts, and the purchase, rental, repair, and cleaning of uniforms for Probation and Pretrial Services Office staff, as authorized by law, $5,905,055,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and justices and judges retired from office or from regular active service.
In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed $9,975,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.
defender services
fees of jurors and commissioners
court security
Administrative Office of the United States Courts
salaries and expenses
Federal Judicial Center
salaries and expenses
United States Sentencing Commission
salaries and expenses
Administrative Provisions—the Judiciary
Applicability.
Reimbursement.
For building-specific security services at these courthouses, the Director of the Administrative Office of the United States Courts shall reimburse the United States Marshals Service rather than the Department of Homeland Security.Time period.
This title may be cited as the “
District of Columbia Appropriations Act, 2023.
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
Account.
the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent 136 STAT. 4673 appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year:Reports.
That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the House of Representatives and the Senate for these funds showing, by object class, the expenditures made and the purpose therefor.federal payment for emergency planning and security costs in the district of columbia
federal payment to the district of columbia courts
Apportionment.
Time period.
That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies:Time period.
Notice.
That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $9,000,000 of the funds provided under this heading among the 136 STAT. 4674 items and entities funded under this heading:Regulations.
the Joint Committee on Judicial Administration in the District of Columbia may, by regulation, establish a program substantially similar to the program set forth in subchapter II of chapter 35 of title 5, United States Code, for employees of the District of Columbia Courts.federal payment for defender services in district of columbia courts
Apportionment.
Time period.
That, notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies:federal payment to the court services and offender supervision agency for the district of columbia
Apportionment.
Time period.
That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies:federal payment to the district of columbia public defender service
Apportionment.
Time period.
notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies:Contracts.
That the District of Columbia Public Defender Service may enter into contracts for the procurement of severable services and multiyear contracts for the acquisition of property and services to the same extent and under the same conditions as an executive agency under sections 3902 and 3903 of title 41, United States Code.federal payment to the criminal justice coordinating council
federal payment for judicial commissions
federal payment for school improvement
Scholarships.
to the extent that funds are available for opportunity scholarships and following the priorities included in section 3006 of such Act, the Secretary of Education shall make scholarships available to students eligible under section 3013(3) of such Act (Public Law 112–10; 125 Stat. 211) including students who were not offered a scholarship during any previous school year:federal payment for the district of columbia national guard
federal payment for testing and treatment of hiv/aids
federal payment to the district of columbia water and sewer authority
District of Columbia Funds
Compliance.
That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act:This title may be cited as the “
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
Barry Goldwater Scholarship and Excellence in Education Foundation
salaries and expenses
Commodity Futures Trading Commission
Contracts.
notwithstanding the limitations in 31 U.S.C. 1553, 136 STAT. 4678 amounts provided under this heading are available for the liquidation of obligations equal to current year payments on leases entered into prior to the date of enactment of this Act:Consumer Product Safety Commission
salaries and expenses
administrative provision—consumer product safety commission
Sec. 501.Study.
Determination.
Reports.
Election Assistance Commission
salaries and expenses
electionState and local governments.
security grants
Northern Mariana Islands.
That for purposes of applying such sections, the Commonwealth of the Northern Mariana Islands shall be deemed to be a State and, for purposes of sections 101(d)(2) and 103(a) shall be treated in the same manner as the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands:Deadline.
further, That not later than two years after receiving a payment under this heading, a State shall make available funds for such activities in an amount equal to 20 percent of the total amount of the payment made to the State under this heading:Deadline.
Payments.
later than 45 days after the date of enactment of this Act, the Election Assistance Commission shall make the payments to States under this heading:Reports.
That States shall submit quarterly financial reports and annual progress reports.Federal Communications Commission
salaries and expenses
Reduction.
That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation estimated at $0:administrative provisions—federal communications commission
Sec. 510.118 Stat. 3998; 136 Stat. 269.
Federal Deposit Insurance Corporation
office of the inspector general
Federal Election Commission
salaries and expenses
Federal Labor Relations Authority
salaries and expenses
Federal Trade Commission
salaries and expenses
Reduction.
That the sum herein appropriated from the general fund shall be reduced (1) as such offsetting collections are received during fiscal year 2023 and (2) to the extent that any remaining general fund appropriations can be derived from amounts credited to this account as offsetting collections in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at $48,000,000:General Services Administration
real property activities
Advance approvals.
in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation, and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings, including grounds, approaches, and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $10,013,150,000, of which—Compliance.
additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from 136 STAT. 4684 the Committees on Appropriations of the House of Representatives and the Senate:Proposed prospectus.
That the total amount of funds made available from this Fund to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by 40 U.S.C. 3307(a), has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus:general activities
operating expenses
civilian board of contract appeals
office of inspector general
allowances and office staff for former presidents
federal citizen services fund
technology modernization fund
working capital fund
administrative provisions—general services administration
Advance approvals.
That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate.Courts.
Study.
Determination.
Notifications.
Contracts.
Determination.
Statement.
Spending plan.
Deadline.
Site selection.
The Administrator of the General Services Administration shall select a site from one of the three listed in the General Services Administration (GSA) Fiscal Year 2017 PNCR–FBI–NCR17 prospectus for a new fully consolidated Federal Bureau of Investigation (FBI) headquarters.
In
Deadline.
Consultations.
Maryland.
Virginia.
Evaluation.
considering the September 2022 and amended November 2022 GSA Site Selection Plan for the FBI Suburban Headquarters, not later than 90 days after enactment of this Act, prior to any action by the GSA site selection panel for the new Federal FBI headquarters, the GSA Administrator shall conduct separate and detailed consultations with individuals representing the sites from the State of Maryland and Commonwealth of Virginia to further consider perspectives related to mission requirements, sustainable siting and equity, and evaluate the viability of the GSA’s Site Selection Criteria for the FBI Headquarters to ensure it is consistent with Congressional intent as expressed in the resolution of the Committee on Environment and Public Works of the Senate (112th Congress), adopted December 8, 2011 and further described in the General Services Administration Fiscal Year 2017 PNCR–FBI–NCR17 prospectus. Following those consultations, the Administrator shall proceed with the site selection process.136 STAT. 4688Harry S Truman Scholarship Foundation
salaries and expenses
Merit Systems Protection Board
salaries and expenses
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
environmental dispute resolution fund
National Archives and Records Administration
operating expenses
office of inspector general
repairs and restoration
national historical publications and records commission
administrative provision—national archives and records administration
Sec. 530.National Credit Union Administration
community development revolving loan fund
Office of Government Ethics
salaries and expenses
Office of Personnel Management
salaries and expenses
Donations.
That the President’s Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2023, accept donations of money, property, and personal services:Notifications.
Approvals.
Time period.
That the OPM Director shall notify, and receive approval from, the Committees on Appropriations of the House of Representatives and the Senate at least 15 days in advance of any transfer under the preceding proviso:office of inspector general
Determination.
necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, including services as authorized by 5 U.S.C. 3109, hire of passenger motor vehicles, $6,908,000, and in addition, not to exceed $29,487,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management’s 136 STAT. 4692 retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General:Office of Special Counsel
salaries and expenses
Privacy and Civil Liberties Oversight Board
salaries and expenses
Public Buildings Reform Board
salaries and expenses
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,500 for official reception and representation expenses, $2,149,000,000, to remain available until expended; of which not less than $18,979,000 shall be for the Office of Inspector General; of which not to exceed $275,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; and of which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations and staffs to exchange views concerning securities matters, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move, replication, and related costs associated with a replacement lease for the Commission’s District of Columbia headquarters facilities, not to 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:
Reduction.
the total amount appropriated under this heading from the general fund for fiscal year 2023 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2023 appropriation from the general fund estimated at not more than $0:Selective Service System
salaries and expenses
President.
Exemption.
That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action to be necessary in the interest of national defense:Small Business Administration
salaries and expenses
Fees.
That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan program activities, including fees authorized by section 5(b) of the Small Business Act:entrepreneurial development programs
office of inspector general
office of advocacy
business loans program account
disaster loans program account
administrative provisions—small business administration
Advance approvals.
Grants.
Contracts.
That, notwithstanding sections 2701.92 and 2701.93 of title 2, Code of Federal Regulations, the Administrator of the Small Business Administration may permit awards to subrecipients for initiatives funded under this section:United States Postal Service
payment to the postal service fund
Mail.
That mail for overseas voting and mail for the blind shall continue to be free:office of inspector general
United States Tax Court
salaries and expenses
Certificate.
travel expenses of the judges shall be paid upon the written certificate of the judge.GENERAL PROVISIONS—THIS ACT
(including rescission of funds)
Sec. 601.Contracts.
Compliance.
Advance approvals.
Consultation.
That prior to any significant reorganization, restructuring, relocation, or closing of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate:Reports.
That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year:Applicability.
That at a minimum the report shall include: (1) a table for each appropriation, detailing both full-time employee equivalents and budget authority, with separate columns to display the prior year enacted level, the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, 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:Reduction.
That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress.Approval requests.
That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds:Compliance.
That these requests shall be made in compliance with reprogramming guidelines.Background investigations.
Determination.
Tax exemption.
determination with respect to the treatment of an organization as described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code from the Department of the Treasury or the Internal Revenue Service.Time period.
Abortion.
Contracts.
Consultation.
Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space must consult with the General Services Administration before issuing a solicitation for offers of new leases or construction contracts, and in the case of succeeding leases, before entering into negotiations with the current lessor.President.
Definition.
Reports.
Compliance.
Allocation.
Records.
Compliance.
Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978.Reports.
Each Inspector General covered by this section shall 136 STAT. 4702 report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply with this requirement.Pornography.
Contracts.
Determination.
Conference attendees.
Determinations.
Notifications.
Notification.
Requirement.
Requirement.
Reports.
Appointments.
Personnel.—
California.
Designation.—
References.—
GENERAL PROVISIONS—GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Drug-free workplace.
31 USC 1343 note.
5 USC 3101 note.
Affidavits.
That for purposes of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status are being complied with:Affidavits.
That for purposes of paragraphs (2) and (3) such affidavits shall be submitted prior to employment and updated thereafter as necessary:Penalties.
That any person making a false affidavit shall be guilty of a felony, and upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both:Time period.
That this section shall not apply to any person who is an officer or employee of the Government of the United States on the date of enactment of this Act, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies:Time period.
That this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed by the Department of the Interior or the USDA Forest Service pursuant to an agreement with another country.Applicability.
Notifications.
Definition.
For the purposes of this section, the term “Certification.
Propaganda.
Lobbying.
Approval requirement.
Propaganda.
Definitions.
Reimbursement.
Approval.
Deadline.
Spend plan.
That not later than 90 days after enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives a detailed spend plan for the funds to be transferred or reimbursed:Estimates.
That the spend plan shall, at a minimum, include: (i) the amounts currently in the funds authorized under this section and the estimate of amounts to be transferred or reimbursed in fiscal year 2023; (ii) a detailed breakdown of the purposes for all funds estimated to be transferred or reimbursed pursuant to this section (including total number of personnel and costs for all staff whose salaries are provided for by this section); (iii) where applicable, a description of the funds intended for use by or for the benefit of each executive council; and (iv) where applicable, a description of the funds intended for use by or for the implementation of specific laws passed by Congress:Time period.
Notifications.
That no transfers or reimbursements may be made pursuant to this section until 15 days following notification of the Committees on Appropriations of the House of Representatives and the Senate by the Director of the Office of Management and Budget.Breastfeeding.
Reports.
That the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the House Committee on Science, Space, and Technology, and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act.Compliance.
Applicability.
That this section shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds.Prohibition of Federal Agency Monitoring of Individuals’ Internet Use.—
Data.
Contracts.
Exceptions.—
Definitions.—
Contracts.
Drugs and drug abuse.
Contraceptives.
Religion.
Discrimination.
Abortion.
Anti-doping.
Contracts.
Advance approvals.
News stories.
Contracts.
In General.—
Waivers.—
Determination.
In general.—
Report to congress.—
Exception.—
Contracts.
Definitions.
Portraits.
Time periods.
5 USC 5343 note.
Determination.
Regulations.
Determination.
Applicability.
Determination.
Locality pay.
Effective date.
Reports.
Contracts.
Cost statement.
Deadline.
Time period.
Notification.
Grants.
Contracts.
Contracts.
Grants.
Confidentiality agreements.
Nondisclosure agreements.
No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: “These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.”: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.
5 USC 5303 note.
Effective date.
Notwithstanding any official rate adjusted under section 5318 of title 5, United States Code, or any other provision of law, the payable rate during calendar year 2023 for an employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, shall be the rate payable for the applicable Executive Schedule level on December 31, 2022, by operation of section 747 of division E of Public Law 117–103. Such an employee may not receive a 136 STAT. 4717 rate increase during calendar year 2023, except as provided in subsection (i).Applicability.
Effective date.
Any such increase must be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2022, by operation of section 747 of division E of Public Law 117–103.Effective date.
Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2022, by operation of section 747 of division E of Public Law 117–103.136 STAT. 4718Applicability.
Definition.
For the purpose of this section, the term “Effective date.
President.
Reports.
Statement.
Records.
That a copy of each report shall also be transmitted to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General on the same date the report is transmitted to the Congress.Notifications.
Apportionments.
Reports.
Deadline.
Criteria.
29 USC 794d–1.
Requirements.
Determinations.
Accessibility.
Guidance.
Data.
Compliance.
Evaluations.
Not later than 225 days after the date of enactment of this Act, the head of each agency shall—Assessment.
Compliance.
Time period.
List.
Recommenda-
tions.
Public information.
Web posting.
Reimbursements.
Approval.
Deadline.
Spend plan.
That not later than 90 days after enactment of this Act, the Administrator of General Services, in consultation with the Director of the Office of Management and Budget, shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan for the funds to be transferred or reimbursed:Estimates.
the spend plan shall, at a minimum, include: (i) the amounts currently in the funds authorized under this section and the estimate of amounts to be transferred or reimbursed in fiscal year 2023; (ii) a detailed breakdown of the purposes for all funds estimated to be transferred or reimbursed pursuant to this section (including total number of personnel and costs for all staff whose salaries are provided for by this section); and (iii) where applicable, a description of the funds intended for use by or for the implementation of specific laws passed by Congress:Time period.
Notifications.
That no transfers or reimbursements may be made pursuant to this section until 15 days following notification of the Committees on Appropriations of the House of Representatives and the Senate by the Director of the Office of Management and Budget.GENERAL PROVISIONS—DISTRICT OF COLUMBIA
Propaganda.
Lobbying.
Advance approvals.
increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate.Termination date.
Definition.
For purposes of this section, the term “Voting rights.
Needle distribution.
Contraceptives.
Conscience exception.
Penalties.
Drugs and drug abuse.
Abortion.
Deadline.
Operating budget.
Applicability.
Certification.
This section shall apply only to an agency for which the Chief Financial Officer for the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements.Deadline.
Operating budget.
Time period.
Advance approvals.
That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds:Compliance.
these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act.Time periods.
Applicability.
Definition.
Virginia.
Reports.
Applicability.
The amendments made by this section shall apply with respect to cases and proceedings initiated on or after the date of the enactment of this Act.Applicability.
This division may be cited as the “
Department of Homeland Security Appropriations Act, 2023.
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
Submission.
That $5,000,000 shall be withheld from obligation until the Secretary submits, to the Committees on Appropriations of the Senate and the House of Representatives, responses to all questions for the record for each hearing on the fiscal year 2024 budget submission for the Department of Homeland Security held by such Committees prior to July 1.procurement, construction, and improvements
federal assistance
Management Directorate
operations and support
procurement, construction, and improvements
federal protective service
Intelligence, Analysis, and Situational Awareness
operations and support
Office of the Inspector General
operations and support
Administrative Provisions
Reports.
Grants.
Contracts.
Time period.
Review.
Assessment.
Compliance.
Budget.
Reports.
Contracts.
Award fees.
Notifications.
Briefing.
Deadline.
Contracts.
Cost estimate.
Time periods.
Summary.
Estimates.
Listing.
Memorandums.
Deadline.
Reports.
Assessment.
Data.
Implementation plan.
Cost estimates.
Schedules.
Reports.
Costs.
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
Reports.
That of the amounts made available under this heading for the Executive Leadership and Oversight program, project, and activity, as outlined in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), $5,000,000 shall not be available for obligation until the reports concerning human capital strategic plans and the Office of Field Operations workload staffing model that are directed in such explanatory statement are submitted to the Committees on Appropriations of the Senate and the House of Representatives.procurement, construction, and improvements
U.S. Immigration and Customs Enforcement
operations and support
Reports.
That of the amounts made available under this heading for the Executive Leadership and Oversight program, project, and activity, as outlined in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), $5,000,000 shall not be available for obligation until the reports directed under this heading in the explanatory statements accompanying Public Laws 116–6, 116–93, and 117–103 have been submitted to the Committees on Appropriations of the Senate and the House of Representatives.procurement, construction, and improvements
Transportation Security Administration
operations and support
Reduction.
That the sum appropriated under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2023 so as to result in a final fiscal year appropriation from the general fund estimated at not more than $6,308,363,000.procurement, construction, and improvements
research and development
Coast Guard
operations and support
procurement, construction, and improvements
research and development
retired pay
United States Secret Service
operations and support
procurement, construction, and improvements
research and development
Administrative Provisions
Applicability.
Puerto Rico.
Virgin Islands.
Fees.
Canada.
Mexico.
Reduction.
For an additional amount for “U.S. Customs and Border Protection—Operations and Support”, $31,000,000, to remain available until expended, to be reduced by amounts collected and credited to this appropriation in fiscal year 2023 from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125), or other such authorizing language.Drugs and drug abuse.
Canada.
Compliance.
Applicability.
Time period.
That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply:Notification.
Deadline.
Waivers.
The Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives within 2 business days of any request for waivers of navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, with respect to such transportation, and the disposition of such requests.Effective date.
Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall not—Definition.
Deadline.
Expenditure plan.
Applicability.
Time period.
Notwithstanding section 311 of such Act, funds made available for the purposes described in subsection (b) may be awarded to the Emergency Food and Shelter Program National Board up to 6 months after the date of enactment of this Act.Disbursement.
Time period.
Reimbursement.
Effective date.
Determination.
Contracts.
6 USC 211 note.
Aliens.
Time period.
Applicability.
8 USC 1378a note.
Applicability.
Explosives detection systems.
Contracts.
Explosives detection systems.
Reports.
Plans.
Vessels.
Investment plan.
Requirements.
Determination.
Reimbursements.
Contracts.
Reimbursement.
Notifications.
Time period.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
procurement, construction, and improvements
research and development
Federal Emergency Management Agency
operations and support
procurement, construction, and improvements
federal assistance
Puerto Rico.
That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2023, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004.disaster relief fund
national flood insurance fund
AdministrativeGrants.
Provisions
Briefings.
Time periods.
Deadlines.
The Director of the Cybersecurity and Infrastructure Security Agency (or the Director’s designee) shall provide the briefings to the Committees on Appropriations of the Senate and the House of Representatives described under the heading “Quarterly Budget and Staffing Briefings” in the explanatory statement for division F of Public Law 117–103 described in section 4 in the matter preceding division A of such Public Law—Reduction.
In the event that any such briefing required during this fiscal year under subsection (a) is not provided, the amount made available in title III to the Cybersecurity and Infrastructure Security Agency under the heading “Operations and Support” shall be reduced by $50,000 for each day of noncompliance with subsection (a), and the amount made available under such heading and specified in the detailed funding table in the explanatory statement for this division described in section 4 (in the matter preceding division A of this consolidated Act) for Management and Business Activities shall be correspondingly reduced by an equivalent amount.Applicability.
Deadlines.
Briefing.
Time periods.
Public information.
Rescission.
Applicability.
Waiver authority.
Fees.
Effective date.
Waiver authority.
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
federal assistance
Federal Law Enforcement Training Centers
operations and support
procurement, construction, and improvements
Science and Technology Directorate
operations and support
procurement, construction, and improvements
research and development
Countering Weapons of Mass Destruction Office
operations and support
procurement, construction, and improvements
research and development
federal assistance
Administrative Provisions
Biometrics.
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501.Notifications.
Time periods.
Contracts.
Termination date.
Applicability.
Applicability.
31 USC 501 note.
Deadline.
Notification.
Briefing.
Plan.
Notifications.
Deadlines.
Grants.
Contracts.
Public information.
Determination.
Deadline.
Contracts.
Notification.
Applicability.
Definition.
National identification card.
Delegation authority.
Contracts.
Pornography.
Contracts.
Firearms.
Conference attendees.
Determination.
Notifications.
Deadline.
Definition.
Pay reform.
Employment positions.
Time periods.
Notification.
Analysis.
Web posting.
Public information.
Reports.
Determination.
Time period.
Continuation.
Aliens.
Congress.
Time period.
Applicability.
Pregnant women.
Determinations.
Records.
Applicability.
Reports.
Summary.
Definition.
Deadlines.
Determination.
President.
Evaluation.
Notifications.
Threat assessments.
Reports.
Project proposal.
Notifications.
Records.
Analysis.
Time period.
Reports.
Contracts.
Analysis.
Repayment plan.
Deadline.
Budget.
Treaty resolution.
Contracts.
Memorandums.
Grants.
Loans.
Definition.
Eligible entity.—
Applicability.
6 USC 320 note.
Khalid Sheikh Mohammed.
Detainees.
Cuba.
Time period.
Effective date.
Estimates.
Verification.
Review.
Deadline.
Expenditure plan.
Updates.
Time period.
Applicability.
6 USC 124n note.
(rescissions of funds)
This division may be cited as the “
Department of the Interior, Environment, and Related Agencies Appropriations Act, 2023.
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to section 1010(a) of Public Law 96–487 (16 U.S.C. 3150(a)), $1,368,969,000, to remain available until September 30, 2024; of which $76,187,000 for annual maintenance and deferred maintenance programs and $147,888,000 for the wild horse and burro program, as authorized by Public Law 92–195 (16 U.S.C. 1331 et seq.), shall remain available until expended:
Drilling permits.
That amounts in the fee account of the BLM Permit Processing Improvement Fund may be used for any bureau-related expenses associated with the processing of oil and gas applications for permits to drill and related use of authorizations:In addition,
Reduction.
$39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2023, so as to result in a final appropriation estimated at not more than $1,368,969,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities.oregon and california grant lands
Transfer authority.
That 25 percent of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land-grant fund and shall be transferred to the General Fund in the Treasury in accordance with the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (43 U.S.C. 2605).range improvements
service charges, deposits, and forfeitures
43 USC 1735 note.
That notwithstanding any provision to the contrary of section 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this Act by the Secretary of the Interior to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action:43 USC 1735 note.
That any such moneys that are in excess of amounts needed to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands.miscellaneous trust funds
administrative provisions
Contracts.
Determination.
That notwithstanding Public Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards:Reimbursements.
That projects to be funded pursuant to a written commitment by a State government to provide an identified amount of money in support of the project may be carried out by the Bureau on a reimbursable basis.United States Fish and Wildlife Service
resource management
construction
cooperative endangered species conservation fund
national wildlife refuge fund
north american wetlands conservation fund
neotropical migratory bird conservation
multinational species conservation fund
state and tribal wildlife grants
Apportionment.
District of Columbia.
Territories.
That the Secretary shall, after deducting $13,812,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof:Apportionment.
the Secretary of the Interior shall apportion the remaining amount in the following manner: (1) one-third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States:Adjustment.
amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount:Reapportionment.
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.
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:Contracts.
Determination.
That notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards:Donations.
the Service may 136 STAT. 4765 accept donated aircraft as replacements for existing aircraft:Fees.
That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited under the heading “United States Fish and Wildlife Service—Resource Management” and shall be available to the Secretary, without further appropriation, to be used for expenses of processing of such non-toxic shot type or coating applications and revising regulations as necessary, and shall remain available until expended: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:
36 USC note
prec. 101.
shall be amended byIn addition, for purposes described in section 2404 of Public Law 116–9, an amount equal to the amount deposited in this fiscal year into the National Park Medical Services Fund established pursuant to such section of such Act, to remain available until expended, shall be derived from such Fund.
national recreation and preservation
historic preservation fund
Grants.
That an individual Save America’s Treasures grant shall be matched by non-Federal funds:Approval.
That all projects to be funded shall be approved by the Secretary of the Interior in consultation with the House and Senate Committees on Appropriations:Determination.
That of the funds provided for the Historic Preservation Fund, $1,250,000 is for competitive grants for the survey and nomination of properties to the National Register of Historic Places and as National Historic Landmarks associated with communities currently under-represented, as determined by the Secretary; $29,000,000 is for competitive grants to preserve the sites and stories of the Civil Rights movement; $11,000,000 is for grants to Historically Black Colleges and Universities; $12,500,000 is for competitive grants for the restoration of historic properties of national, State, and local significance listed on or eligible for inclusion on the National Register of Historic Places, to be made without imposing the usage or direct grant restrictions of section 101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation Act; $10,000,000 is for a competitive grant program to honor the semiquincentennial anniversary of the United States by restoring and preserving sites and structures listed on the National Register of Historic Places that commemorate the founding of the nation; and $29,115,000 is for projects specified for the Historic Preservation Fund in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):construction
Contracts.
That notwithstanding any other provision of law, for any project initially funded in fiscal year 2023 with a future phase indicated in the National Park Service 5–Year Line Item Construction Plan, a single procurement may be issued which includes the full scope of the project:Consultation.
That the Secretary of the Interior shall consult with the Committees on Appropriations, in accordance with current reprogramming thresholds, prior to making any charges authorized by this section.centennial challenge
administrative provisions
In
Fees.
addition to other uses set forth in section 101917(c)(2) of title 54, United States Code, franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability.For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109–432), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended.
National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under 23 U.S.C. 203. Transfers may include a reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
43 USC 50.
That no part of this appropriation shall be used to pay more than one-half the cost of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities:administrative provisions
Contracts.
Grants.
funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in section 6302 of title 31, United States Code:Contracts.
That the United States Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101, for the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purpose of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes.Bureau of Ocean Energy Management
ocean energy management
Reduction.
That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities:Reduction.
That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2023 appropriation estimated at not more than $182,960,000:Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf, as authorized by law; for enforcing and implementing laws and regulations as authorized by law and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $175,886,000, of which $153,886,000 is to remain available until September 30, 2024, and of which $22,000,000 is to remain available until expended, including $3,000,000 for offshore decommissioning activities:
Reduction.
That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities:For an
Reduction.
additional amount, $38,000,000, to remain available until expended, to be reduced by amounts collected by the Secretary and credited to this appropriation, which shall be derived from 136 STAT. 4770 non-refundable inspection fees collected in fiscal year 2023, as provided in this Act:oil spill research
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:
30 USC 1211 note.
That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training.In addition, for costs to review, administer, and enforce permits issued by the Office pursuant to section 507 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to remain available until expended:
30 USC 1257 note.
fees assessed and collected by the Office pursuant to such section 507 shall be credited to this account as discretionary offsetting collections, to remain available until expended:Reduction.
the sum herein appropriated from the general fund shall be reduced as collections are received during the fiscal year, so as to result in a fiscal year 2023 appropriation estimated at not more than $121,026,000.abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, $33,904,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended:
Debt collection.
Contracts.
That pursuant to Public Law 97–365, the Department of the Interior is authorized to use up to 20 percent from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: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):
Allocations.
State and local governments.
Native Americans.
Deadline.
That such additional amount shall be allocated to States and Indian Tribes within 60 days after the date of enactment of this Act.Indian Affairs
operation of indian programs
Expiration date.
any such unobligated balances not so transferred shall expire on September 30, 2025:indian land consolidation
contract support costs
payments for tribal leases
construction
Reimbursement.
appropriation may be reimbursed from the Office of the Special Trustee for American Indians appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation:indian land and water claim settlements and miscellaneous payments to indians
indian guaranteed loan program account
Bureau of Indian Education
operation of indian education programs
education construction
Deadline.
order to ensure timely completion of construction projects, the Secretary of the Interior may assume control of a project and all funds related to the project, if, not later than 18 months after the date of the enactment of this Act, any Public Law 100–297 (25 U.S.C. 2501, et seq.) grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction.administrative provisions
The
Contracts.
Grants.
Bureau of Indian Affairs and the Bureau of Indian Education may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with States and other organizations.
Contracts.
Notwithstanding Public Law 87–279 (25 U.S.C. 15), the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the San Carlos Irrigation Project.Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs or the Bureau of Indian Education for central office oversight and Executive Direction and Administrative Services (except Executive Direction and Administrative Services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs or the Bureau of Indian Education under the 136 STAT. 4775 provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs or the Bureau of Indian Education, this action shall not diminish the Federal Government’s trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe’s ability to access future appropriations.
Alaska.
Notwithstanding any other provision of law, no funds available to the Bureau of Indian Education, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available to support the operation of any elementary or secondary school in the State of Alaska.No
Waiver authority.
Determination.
funds available to the Bureau of Indian Education shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau of Indian Education school system as of October 1, 1995, except that the Secretary of the Interior may waive this prohibition to support expansion of up to one additional grade when the Secretary determines such waiver is needed to support accomplishment of the mission of the Bureau of Indian Education, or more than one grade to expand the elementary grade structure for Bureau-funded schools with a K–2 grade structure on October 1, 1996. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau’s funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012.Charter schools.
Reimbursement.
Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau-funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter school’s operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code.
Continuation.
Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113, if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101–301, the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula.
Waiver authority.
Compliance.
Funds available under this Act may not be used to establish satellite locations of schools in the Bureau school system as of September 1, 1996, except that the Secretary may waive this prohibition in order for an Indian tribe to provide language and 136 STAT. 4776 cultural immersion educational programs for non-public schools located within the jurisdictional area of the tribal government which exclusively serve tribal members, do not include grades beyond those currently served at the existing Bureau-funded school, provide an educational environment with educator presence and academic facilities comparable to the Bureau-funded school, comply with all applicable Tribal, Federal, or State health and safety standards, and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts to students such as those caused by busing students extended distances:Definition.
That the term “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
Time period.
by the contractor or grantee:Statement.
Records.
an annual account statement and maintain a record of any such accounts and shall permit the balance in each such account to be withdrawn upon the express written request of the account holder:Time period.
American Indian Trust Fund Management Reform Act of 1994 (Public Law 103–412) or any other provision of law, the Secretary may aggregate the trust accounts of individuals whose whereabouts are unknown for a continuous period of at least 5 years and shall not be required to generate periodic statements of performance for the individual accounts:Records.
Determination.
That with respect to the preceding proviso, the Secretary shall continue to maintain sufficient records to determine the balance of the individual accounts, including any accrued interest and income, and such funds shall remain available to the individual account holders.Departmental Offices
departmental operations
administrative provisions
31 USC 6903 note.
in the event the sums appropriated for any fiscal year for payments pursuant to this chapter are insufficient to make the full payments authorized by that chapter to all units of local government, then the payment to each local government shall be made proportionally:Insular Affairs
assistance to territories
Audits.
48 USC 1469b.
That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code:Determination.
That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to timely maintenance of its capital assets:compact of free association
Administrative Provisions
Guam.
Loans.
the request of the Governor of Guam, the Secretary may transfer discretionary funds or mandatory funds provided under section 104(e) of Public Law 108–188 and Public Law 104–134, that are allocated for Guam, to the Secretary of Agriculture for the subsidy cost of direct or guaranteed loans, plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan administration, for the purposes authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair projects in Guam, and such funds shall remain available until expended:Office of the Solicitor
salaries and expenses
Office of Inspector General
salaries and expenses
Department-Wide Programs
wildland fire management
Contracts.
Grants.
That using the amounts designated under this title of this Act, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agreements, for fuels management activities, and for training and monitoring associated with such fuels management activities on Federal land, or on adjacent non-Federal land for activities that benefit resources on Federal land:Guidance.
That in implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein:Reimbursement.
That funds appropriated under this heading may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities:Contracts.
Real property.
State and local governments.
That the Secretary of the Interior may use wildland fire appropriations to enter into leases of real property with local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease:wildfire suppression operations reserve fund
Notification.
Deadline.
That amounts may be transferred to the “Wildland Fire Management” accounts in the Department of Agriculture or the Department of the Interior only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days:Determination.
Deadline.
That, in determining whether all wildfire suppression operations funds appropriated under the heading “Wildland Fire Management” in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the preceding proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded.central hazardous materials fund
energy community revitalization program
Grants.
the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department to carry out such purposes, and may expend such funds directly, or through grants:natural resource damage assessment and restoration
working capital fund
Advance approvals.
none of the funds appropriated in this Act or any other Act may be used to establish reserves in the Working Capital Fund account other than for accrued annual leave and depreciation of equipment without prior approval of the Committees on Appropriations of the House of Representatives and the Senate:Contracts.
State and local governments.
Tribal governments.
That the Secretary may lease or otherwise provide space and related facilities, equipment, or professional services of the National Indian Program Training Center to State, local and tribal government employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a) of title 40, United States Code) at the prevailing rate for similar space, facilities, equipment, or services in the vicinity of the National Indian Program Training Center:Grants.
Contracts.
That the Secretary may enter into grants and cooperative agreements to support the Office of Natural 136 STAT. 4783 Resource Revenue’s collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by law.administrative provision
office of natural resources revenue
General Provisions, Department of the Interior
emergency transfer authority—intra-bureau
Sec. 101.emergency transfer authority—department-wide
Sec. 102.Reimbursement.
appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, with such reimbursement to be credited to appropriations currently available at the time of receipt thereof:Determination.
Deadline.
for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for “wildland fire suppression” shall be exhausted within 30 days:Reimbursement.
That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred.authorized use of funds
Sec. 103.authorized use of funds, indian trust management
Sec. 104.Notification.
Deadline.
The Secretary shall notify the House and Senate Committees on Appropriations within 60 days of the expenditure or transfer of any funds under this section, including the amount expended or transferred and how the funds will be used.136 STAT. 4785redistribution of funds, bureau of indian affairs
Sec. 105.ellis, governors, and liberty islands
Sec. 106.New York.
New Jersey.
Contracts.
outer continental shelf inspection fees
Sec. 107.Time period.
Deadlines.
contracts and agreements for wild horse and burro holding facilities
Sec. 108.16 USC 1336 note.
Time period.
Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary.mass marking of salmonids
Sec. 109.contracts and agreements with indian affairs
Sec. 110.department of the interior experienced services program
Sec. 111.Grants.
Contracts.
Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law.136 STAT. 4787obligation of funds
Sec. 112.Deadline.
separation of accounts
Sec. 113.payments in lieu of taxes (pilt)
Sec. 114.Applicability.
31 USC 6906 note.
disclosure of departure or alternate procedure approval
Sec. 115.Web posting.
Public information.
Deadline.
Subject to subsection (b), in any case in which the Bureau of Safety and Environmental Enforcement or the Bureau of Ocean Energy Management prescribes or approves any departure or use of alternate procedure or equipment, in regards to a plan or permit, under 30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 CFR 250.142, the head of such bureau shall post a description of such departure or alternate procedure or equipment use approval on such bureau’s publicly available website not more than 15 business days after such issuance.long bridge project
Sec. 116.Virginia.
District of Columbia.
Authorization of Conveyance.—
Terms and Conditions.—
Corrections.—
Definitions.—
Long bridge project.—
Secretary.—
State.—
interagency motor pool
Sec. 117.national heritage areas and corridors
Sec. 118.54 USC 320101 note.
54 USC 320101 note.
(title IV of division II of Public Law 104–333)54 USC 320101 note.
54 USC 320101 note.
54 USC 320101 note.
are each amended by54 USC 320101 note.
54 USC 320101 note.
54 USC 320101 note.
,120 Stat. 1853.
appraiser pay authority
Sec. 119.sage-grouse
Sec. 120.state conservation grants
Sec. 121.lowell national historic park
Sec. 122.visitor experience improvement authority
Sec. 123.delaware water gap authority
Sec. 124.Applicability.
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
Environmental Programs and Management
Grants.
Contracts.
grants awarded using funds made available in this paragraph may be used by a recipient to supplement other funds provided by the Environmental Protection Agency through individual media or multi-media grants or cooperative agreements:Reduction.
That the sum herein appropriated in this paragraph from the general fund for fiscal year 2023 shall be reduced by the amount of discretionary offsetting receipts received during fiscal year 2023, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $0:Allocation.
That of the funds included in the first paragraph under this heading, the Chemical Risk Review and Reduction program project shall be allocated for this fiscal year, excluding the amount of any fees appropriated, not less than the amount of appropriations for that program project for fiscal year 2014.Office of Inspector General
Buildings and Facilities
Hazardous Substance Superfund
Allocations.
appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA:Leaking Underground Storage Tank Trust Fund Program
Inland Oil Spill Programs
State and Tribal Assistance Grants
(including rescission of funds)
Territories.
District of Columbia.
That for fiscal year 2023, notwithstanding the provisions of subsections (g)(1), (h), and (l) of section 201 of the Federal Water Pollution Control Act, grants made under title II of such Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, the United States Virgin Islands, and the District of Columbia may also be made for the purpose of providing assistance: 136 STAT. 4794 (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments:Oklahoma.
Determination.
That for fiscal year 2023, funds reserved under section 518(c) of such Act shall be available for grants only to Indian tribes, as defined in section 518(h) of such Act and former Indian reservations in Oklahoma (as determined by the Secretary of the Interior) and Native Villages as defined in Public Law 92–203:Territories.
That for fiscal year 2023, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of the aggregate funds appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section 518(c) of the Act, may be reserved by the Administrator for grants made under title II of the Federal Water Pollution Control Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands:Determination.
That 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and 14 percent of the funds made available under this title 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:Alaska.
That of these 136 STAT. 4796 funds: (A) the State of Alaska shall provide a match of 25 percent; (B) no more than 5 percent of the funds may be used for administrative and overhead expenses; and (C) the State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities;Allocations.
That at least 10 percent shall be allocated for assistance in persistent poverty counties:Definition.
That for purposes of this section, the term “Oklahoma.
Determination.
Alaska.
That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to intertribal consortia consistent with the requirements in 40 CFR 35.504(a), to former Indian reservations in Oklahoma (as determined by the Secretary of 136 STAT. 4797 the Interior), and Alaska Native Villages as defined in Public Law 92–203;Contracts.
That the Administrator may award grants to and enter into contracts with tribes, intertribal consortia, public or private agencies, institutions, organizations, and individuals, without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41, United States Code, and enter into interagency agreements as appropriate;Water Infrastructure Finance and Innovation Program Account
Loans.
For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $68,000,000, to remain available until expended:Criteria.
the use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading “Water Infrastructure Finance and Innovation Program Account” in division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94):Certification.
Compliance.
none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Administrator and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso:Records.
That, for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Administrator shall promptly provide, documentation and information relating to a project identified in a Letter of Interest submitted to the Administrator pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act.In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended.
In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $7,640,000, to remain available until September 30, 2024.136 STAT. 4799
Administrative Provisions—Environmental Protection Agency
Contracts.
Native Americans.
For fiscal year 2023, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency’s function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements.
Fees.
The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8), to remain available until expended.
Fees.
Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w–8(d)(2)), the Administrator of the Environmental Protection Agency may assess fees under section 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2023.
Fees.
The Administrator of the Environmental Protection Agency is authorized to collect and obligate fees in accordance with section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2023, to remain available until expended.The Administrator is authorized to transfer up to $368,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading “Environmental Programs and Management” to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities; to enter into an interagency agreement with the head of such Federal department or agency to carry out these activities; and to make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities, provided that the cost does not exceed $300,000 per project.
Grants.
For fiscal year 2023, and notwithstanding section 518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of the Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act.136 STAT. 4800
Grants.
The Administrator is authorized to use the amounts appropriated under the heading “Environmental Programs and Management” for fiscal year 2023 to provide grants to implement the Southeastern New England Watershed Restoration Program.Notwithstanding the limitations on amounts in section 320(i)(2)(B) of the Federal Water Pollution Control Act, not less than $2,500,000 of the funds made available under this title for the National Estuary Program shall be for making competitive awards described in section 320(g)(4).
Contracts.
For fiscal year 2023, the Office of Chemical Safety and Pollution Prevention and the Office of Water may, using funds appropriated under the headings “Environmental Programs and Management” and “Science and Technology”, contract directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 5, for the temporary or intermittent personal services of students or recent graduates, who shall be considered employees for the purposes of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purpose:RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
Forest Service
forest service operations
forest and rangeland research
state and private forestry
national forest system
Applicability.
That for the funds provided in the preceding proviso, section 4003(d)(3)(A) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be applied by substituting “20” for “10” and section 4003(d)(3)(B) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(B)) shall be applied by substituting “4” for “2”:Determination.
That $20,000,000 may be used by the Secretary of Agriculture to enter into procurement 136 STAT. 4802 contracts or cooperative agreements or to issue grants for hazardous fuels management activities, and for training or monitoring associated with such hazardous fuels management activities on Federal land, or on non-Federal land if the Secretary determines such activities benefit resources on Federal land:Fees.
Advance approval.
43 USC 1751 note.
That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for grazing on a National Grassland, may provide a credit of up to 50 percent of the calculated fee to a Grazing Association or direct permittee for a conservation practice approved by the Secretary in advance of the fiscal year in which the cost of the conservation practice is incurred, and that the amount credited shall remain available to the Grazing Association or the direct permittee, as appropriate, in the fiscal year in which the credit is made and each fiscal year thereafter for use on the project for conservation practices approved by the Secretary:capital improvement and maintenance
acquisition of lands for national forests special acts
acquisition of lands to complete land exchanges
range betterment fund
gifts, donations and bequests for forest and rangeland research
management of national forest lands for subsistence uses
wildland fire management
Reimbursements.
That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service 136 STAT. 4804 for non-fire emergencies are fully repaid by the responsible emergency management agency:wildfire suppression operations reserve fund
Notifications.
Deadline.
amounts may be transferred to the “Wildland Fire Management” accounts in the Department of the Interior or the Department of Agriculture only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days:Determination.
Deadline.
in determining whether all wildfire suppression operations funds appropriated under the heading “Wildland Fire Management” in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the preceding proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded.communications site administration
administrative provisions—forest service
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):
Notifications.
Deadline.
Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary of Agriculture’s notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the heading “Wildland Fire Management” will be obligated within 30 days: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:
Notifications.
Advance approvals.
That none of the funds transferred pursuant to this paragraph shall be available 136 STAT. 4806 for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress.Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States government, private sector, and international organizations:
Contracts.
Intergovern-
mental relations.
That the Forest Service, acting for the International Program, may sign direct funding agreements with foreign governments and institutions as well as other domestic agencies (including the U.S. Agency for International Development, the Department of State, and the Millennium Challenge Corporation), United States private sector firms, institutions and organizations to provide technical assistance and training programs on forestry and rangeland management:
Contracts.
Funds appropriated to the Forest Service shall be available to enter into a cooperative agreement with the Section 509(a)(3) Supporting Organization, “Forest Service International Foundation” to assist the Foundation in meeting administrative, project, and other expenses, and may provide for the Foundation’s use of Forest Service personnel and facilities.Funds
Wild horses and burros.
appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands.
16 USC 556i.
None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 106–224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107–171 (7 U.S.C. 8316(b)).Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges:
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.).
136 STAT. 4807Of 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:
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:
Funds
Contracts.
Native Americans.
State and local governments.
Nonprofits.
appropriated to the Forest Service under the National Forest System heading shall be available for the Secretary of Agriculture to enter into cooperative agreements with other Federal agencies, tribes, States, local governments, private and nonprofit entities, and educational institutions to support the work of forest or grassland collaboratives on activities benefitting Federal lands and adjacent non-Federal lands, including for technical assistance, administrative functions or costs, and other capacity support needs identified by the Forest Service.
Rural and urban areas.
Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes.Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–663.
Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning.
Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred 136 STAT. 4808 as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar matters unrelated to civil litigation:
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
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:
Allocations.
the amounts made available within this account for the Substance Abuse and Suicide Prevention Program, for Opioid Prevention, Treatment and Recovery Services, for the Domestic Violence Prevention Program, for the Zero Suicide Initiative, for the housing subsidy authority for civilian employees, for Aftercare Pilot Programs at Youth Regional Treatment Centers, for transformation and modernization costs of the Indian Health Service Electronic Health Record system, for national quality and oversight activities, to improve collections from public and private insurance at Indian Health Service and tribally operated facilities, for an initiative to treat or reduce the transmission of HIV and HCV, for a maternal health initiative, for the Telebehaviorial Health Center of Excellence, for Alzheimer’s grants, for Village Built Clinics, for a produce prescription pilot, and for accreditation emergencies shall be allocated at the discretion of the Director of the Indian Health Service and shall remain available until expended:Contracts.
Grants.
Time period.
Records.
That funds provided in this Act may be used for annual contracts and grants that fall within 2 fiscal years, provided the total obligation is recorded in the year the funds are appropriated:Reports.
amounts received by tribes and tribal organizations under title IV of the Indian Health Care Improvement Act shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended:Consultation.
Time period.
further, That none of the funds appropriated by this Act, or any other Act, to the Indian Health Service for the Electronic Health Record system shall be available for obligation or expenditure for the selection or implementation of a new Information Technology infrastructure system, unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 90 days in advance of such obligation.Of the unobligated balances under the heading “Indian Health Services” from amounts made available in title III of division G of Public Law 117–103 for the fiscal year 2022 costs of staffing and operating new facilities, $29,388,000 are hereby rescinded.
contract support costs
Applicability.
That amounts obligated but not expended by a tribe or tribal organization for contract support costs for such agreements for the current fiscal year shall be applied to contract support costs due for such agreements for subsequent fiscal years.payments for tribal leases
indian health facilities
administrative provisions—indian health service
Assessments.
That none of the funds made available to the Indian Health Service in this Act shall be used 136 STAT. 4812 for any assessments or charges by the Department of Health and Human Services unless identified in the budget justification and provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process:Regulations.
Budget request.
That none of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law:Reimbursements.
with respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom, along with the funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until expended:Reimbursements.
That reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead costs associated with the provision of goods, services, or technical assistance:Notifications.
That the appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations.National Institutes of Health
national institute of environmental health sciences
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
Studies.
Evaluations.
notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited healthcare providers:OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
Appointment.
That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council.Chemical Safety and Hazard Investigation Board
salaries and expenses
Career positions.
That the Chemical Safety and Hazard Investigation Board (Board) shall have not more than three career Senior Executive Service positions:5 USC 415 note.
, That notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold the 136 STAT. 4814 position of Inspector General of the Board:5 USC 415 note.
That notwithstanding any other provision of law, the Inspector General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions within the Board.Office of Navajo and Hopi Indian Relocation
salaries and expenses
Institute of American Indian and Alaska Native Culture and Arts Development
payment to the institute
Smithsonian Institution
salaries and expenses
Advance payments.
That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations:District of Columbia.
That the Smithsonian Institution may expend Federal appropriations designated in this Act for lease or rent payments, as rent payable to the Smithsonian Institution, and such rent payments may be deposited into the general trust funds of the Institution to be available as trust funds for expenses associated with the purchase of a portion of the building at 600 Maryland Avenue, SW, Washington, DC, to the extent that federally supported activities will be housed there:District of Columbia.
That no appropriated funds may be used directly to service debt which is incurred to finance the costs of acquiring a portion of the building at 600 Maryland Avenue, SW, Washington, DC, or of planning, designing, and constructing improvements to such building:Contracts.
Effective date.
Time period.
Reports.
any agreement entered into by the Smithsonian Institution for the sale of its ownership interest, or any portion thereof, in such building so acquired may not take effect until the expiration of a 30 day period which begins on the date on which the Secretary of the Smithsonian submits to the Committees on Appropriations of the House of Representatives and Senate, the Committees on House Administration and Transportation and Infrastructure of the House of Representatives, and the Committee on Rules and Administration of the Senate a report, as outlined in the explanatory statement described in section 4 of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2536) on the intended sale.facilities capital
National Gallery of Art
salaries and expenses
repair, restoration and renovation of buildings
Contracts.
That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price.John F. Kennedy Center for the Performing Arts
operations and maintenance
capital repair and restoration
Woodrow Wilson International Center for Scholars
salaries and expenses
National Foundation on the Arts and the Humanities
grants and administration
National Endowment for the Humanities
grants and administration
Administrative Provisions
Commission of Fine Arts
salaries and expenses
Fees.
That the Commission is authorized to charge fees to cover the full costs of its publications, and such fees shall be credited to this account as an offsetting collection, to remain available until expended without further appropriation:national capital arts and cultural affairs
Applicability.
20 USC 956a note.
That the item relating to “National Capital Arts and Cultural Affairs” in the Department of the Interior and Related Agencies Appropriations Act, 1986, as enacted into law by section 101(d) of Public Law 99–190 (20 U.S.C. 956a), shall be applied in fiscal year 2023 in the second paragraph byDetermination.
Time periods.
20 USC 956a note.
That in determining an eligible organization’s annual income for calendar years 2021, 2022, and 2023, funds or grants received by the eligible organization from any supplemental appropriations Act related to coronavirus or any other law providing appropriations for the purpose of preventing, preparing for, or responding to coronavirus shall be counted as part of the eligible organization’s annual income.Advisory Council on Historic Preservation
salaries and expenses
National Capital Planning Commission
salaries and expenses
United States Holocaust Memorial Museum
holocaust memorial museum
Presidio Trust
16 USC 460bb note.
That such sectionWorld War I Centennial Commission
salaries and expenses
United States Semiquincentennial Commission
salaries and expenses
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
GENERAL PROVISIONS
restriction on use of funds
Sec. 401.obligation of appropriations
Sec. 402.disclosure of administrative expenses
Sec. 403.Estimates.
Approvals.
mining applications
Sec. 404.Patents and trademarks.
Limitation of Funds.—
Determination.
Claims.
Exceptions.—
Report.—
Mineral Examinations.—
contract support costs, prior year limitation
Sec. 405.Continuation.
contract support costs, fiscal year 2023 limitation
Sec. 406.forest management plans
Sec. 407.16 USC 1604 note.
Courts.
That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis.prohibition within national monuments
Sec. 408.limitation on takings
Sec. 409.Approvals.
prohibition on no-bid contracts
Sec. 410.posting of reports
Sec. 411.Public information.
Web posting.
Determination.
Time period.
national endowment for the arts grant guidelines
Sec. 412.Procedures.
The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services.national endowment for the arts program priorities
Sec. 413.Definitions.
In this section:Grants.
With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965—Reports.
status of balances of appropriations
Sec. 414.Reports.
extension of grazing permits
Sec. 415.funding prohibition
Sec. 416.Pornography.
humane transfer and treatment of animals
Sec. 417.Wild horses and burros.
forest service facility realignment and enhancement authorization extension
Sec. 418.Applicability.
16 USC 580d note.
use of american iron and steel
Sec. 419.Definition.
Waiver request.
Public information.
Records.
Time period.
If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request.Web posting.
The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency.Applicability.
This section shall be applied in a manner consistent with United States obligations under international agreements.136 STAT. 4826local cooperator training agreements and transfers of excess equipment and supplies for wildfires
Sec. 420.Grants.
recreation fees
Sec. 421.Applicability.
16 USC 6809 note.
reprogramming guidelines
Sec. 422.Advance approvals.
local contractors
Sec. 423.Applicability.
16 USC 565a–1 note.
shasta-trinity marina fee authority authorization extension
Sec. 424.Applicability.
interpretive association authorization extension
Sec. 425.Applicability.
16 USC 565a–1 note.
puerto rico schooling authorization extension
Sec. 426.Applicability.
forest botanical products fee collection authorization extension
Sec. 427.Applicability.
16 USC 528 note.
chaco canyon
Sec. 428.tribal leases
Sec. 429.Effective date.
Consultation.
forest ecosystem health and recovery fund
Sec. 430.Applicability.
allocation of projects, national parks and public land legacy restoration fund and land and water conservation fund
Sec. 431.Deadlines.
54 USC 200303 note.
Reallocation.
Requirements.
The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agency’s “Contingency Fund” line in the table titled “Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2023” to any project funded by the National Parks and Public Land Legacy Restoration Fund within the same agency, from any fiscal year, that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following requirements:Notifications.
The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees on Appropriations 30 days before taking any actions authorized by this subsection if the amount reallocated from the “Contingency Fund” line for a project is projected to be 10 percent or greater than the following, as applicable:Data sheets.
Concurrent with the annual budget submission of the President for fiscal year 2024, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate project data sheets for the projects in the “Submission of Annual List of Projects to Congress” required by section 200402(h) of title 54, United States Code:Lists.
Reports.
The Department of the Interior and the Department of Agriculture shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded by the National Parks and Public Land Legacy Restoration Fund for amounts allocated pursuant to subsection (a)(1) of this section and the status of balances of projects and activities funded by the Land and Water Conservation Fund for amounts allocated pursuant to subsection (a)(2) of this section, including all uncommitted, committed, and unobligated funds, and, for amounts allocated pursuant to subsection (a)(1) of this section, National Parks and Public Land Legacy Restoration Fund amounts reallocated pursuant to subsection (c) of this section.policies relating to biomass energy
Sec. 432.small remote incinerators
Sec. 433.Regulations.
Alaska.
timber sale requirements
Sec. 434.Alaska.
transfer authority to federal highway administration for the national parks and public land legacy restoration fund
Sec. 435.prohibition on use of funds
Sec. 436.greenhouse gas reporting restrictions
Sec. 437.funding prohibition
Sec. 438.road construction
Sec. 439.firefighter pay cap
Sec. 440.forest service interest bearing account
Sec. 441.16 USC 579c–1.
Investment Authority.—
Availability of Funds.—
Use of Funds.—
Effective Date.—
technical correction
Sec. 442.hazardous substance superfund
Sec. 443.Repeal.
26 USC 9507 note.
is26 USC 9507 note.
golden gate national recreation area
Sec. 444.Authority to Grant Easements and Rights-of-Way Permit.—
In general.—
Charges and reimbursements of costs.—
alaska native regional health entities authorization extension
Sec. 445.Applicability.
This division may be cited as the “
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2023.
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Department of Labor Appropriations Act, 2023.
DEPARTMENT OF Time periods.
LABOR
Employment and Training Administration
training and employment services
Requirements.
That the Secretary shall follow the requirements for the program in House Report 116–62:job corps
Termination date.
That any funds transferred pursuant to the preceding proviso shall not be available for obligation after June 30, 2023:Notifications.
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; andcommunity service employment for older americans
federal unemployment benefits and allowances
state unemployment insurance and employment service operations
Payments.
the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States for the use of the National Directory of New Hires under section 453(j)(8) of such Act:Payments.
, That the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States to the entity operating the State Information Data Exchange System:Contracts.
Grants.
That funds appropriated in this Act which are used to establish a national one-stop career 136 STAT. 4840 center system, or which are used to support the national activities of the Federal-State unemployment insurance, employment service, or immigration programs, may be obligated in contracts, grants, or agreements with States and non-State entities:Grants.
States awarded competitive grants for improved operations under title III of the Social Security Act, or awarded grants to support the national activities of the Federal-State unemployment insurance system, may award subgrants to other States and non-State entities under such grants, subject to the conditions applicable to the grants:Reallotment.
That the Secretary, at the request of a State participating in a consortium with other States, may reallot funds allotted to such State under title III of the Social Security Act to other States participating in the consortium or to the entity operating the Unemployment Insurance Information Technology Support Center in order to carry out activities that benefit the administration of the unemployment compensation law of the State making the request:Fees.
That the Secretary may collect fees for the costs associated with additional data collection, analyses, and reporting services relating to the National Agricultural Workers Survey requested by State and local governments, public and private institutions of higher education, and nonprofit organizations and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, methodology, and data to meet the information collection and reporting needs of such entities, which shall be credited to this appropriation and shall remain available until September 30, 2024, for such purposes.advances to the unemployment trust fund and other funds
program administration
Employee Benefits Security Administration
salaries and expenses
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
Contracts.
Pension Benefit Guaranty Corporation (“Corporation”) is authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement Income Security Act of 1974, within limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by 31 U.S.C. 9104, as may be necessary in carrying out the program, including associated administrative expenses, through September 30, 2023, for the Corporation:Approval.
Notifications.
That obligations in excess of the amounts provided for administrative expenses in this paragraph may be incurred and shall be available through September 30, 2027 for obligation for unforeseen and extraordinary pre-termination or termination expenses or extraordinary multiemployer program related expenses after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representatives and the Senate:Wage and Hour Division
salaries and expenses
Office of Labor-Management Standards
salaries and expenses
Office of Federal Contract Compliance Programs
salaries and expenses
Office of Workers’ Compensation Programs
salaries and expenses
special benefits
Reimbursement.
That amounts appropriated may be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer, who is not the employer at the time of injury, for portions of the salary of a re-employed, disabled beneficiary:Reimbursements.
further, That balances of reimbursements unobligated on September 30, 2022, shall remain available until expended for the payment of compensation, benefits, and expenses:Determination.
That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its fair share of the cost of administration, such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September 30, 2023: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
black lung disability trust fund
26 USC 9501 note.
Such sums as may be necessary from the Black Lung Disability Trust Fund (the “Fund”), to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and repayment of, and payment of interest on advances, as authorized by section 9501(d)(4) of that Act. In addition, the following amounts may be expended from the Fund for fiscal year 2023 for expenses of operation and administration of the Black Lung Benefits program, as authorized by section 9501(d)(5): not to exceed $42,194,000 for transfer to the Office of Workers’ Compensation Programs, “Salaries and Expenses”; not to exceed $38,407,000 for transfer to Departmental Management, “Salaries and Expenses”; not to exceed $353,000 for transfer to Departmental Management, “Office of Inspector General”; and not to exceed $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury.136 STAT. 4844Occupational Safety and Health Administration
salaries and expenses
Fees.
notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30, 2023, to collect and retain fees for services provided to Nationally Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the workplace:Farms and farming.
That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees:Small businesses.
funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Act with respect to any employer of 10 or fewer employees who is included within a category having a Days Away, Restricted, or Transferred (“DART”) occupational injury and illness rate, at the most precise industrial classification code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of the Act, except—Deadline.
That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees:Mine Safety and Health Administration
salaries and expenses
30 USC 966 note.
That notwithstanding 31 U.S.C. 3302, the Mine Safety and Health Administration is authorized to collect and retain up to $2,499,000 from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums for such activities:30 USC 962.
That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private:30 USC 962.
That the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations:30 USC 962.
That the Secretary is authorized to recognize the Joseph A. Holmes Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization:Approval.
30 USC 962.
any funds available to the Department of Labor may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster.Bureau of Labor Statistics
salaries and expenses
Office of Disability Employment Policy
salaries and expenses
Departmental Management
salaries and expenses
Contracts.
Grants.
That funds available to the Bureau of International Labor Affairs may be used to administer or operate international labor activities, bilateral and multilateral technical assistance, and microfinance programs, by or through contracts, grants, subgrants and other arrangements:Notifications.
the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer:veterans’ employment and training
Reallocation.
That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount not to exceed 3 percent of the appropriation from which such reallocation is made.Grants.
That notwithstanding subsections (c)(3) and (d) of section 2023, the Secretary may award grants through September 30, 2023, to provide services under such section:Data.
Contracts.
paragraph (3) under this heading, funds appropriated in this paragraph may be used for data systems and contract support to allow for the tracking of participant and performance information:Fees.
addition, fees may be assessed and deposited in the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and such amounts shall be available to the Secretary to carry out the HIRE Vets Medallion Award Program, as authorized by such Act, and shall remain available until expended:it modernization
office of inspector general
General Provisions
(transfer of funds)
Sec. 102.Notifications.
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.Child labor.
(transfer of funds)
Sec. 106.Grants.
Contracts.
That funds transferred under this subsection shall be available to the Secretary to carry out program integrity activities directly or through grants, cooperative agreements, contracts and other arrangements with States and other appropriate entities: 136 STAT. 4850(transfer of funds)
Sec. 107.Evaluations.
Plan.
That such funds shall only be available if the Chief Evaluation Officer of the Department of Labor submits a plan to the Committees on Appropriations of the House of Representatives and the Senate describing the evaluations to be carried out 15 days in advance of any transfer.Applicability.
Definitions.
For purposes of this subsection—Effective date.
This section shall be effective on the date of enactment of this Act.Flexibility With Respect to the Crossing of H–2B Nonimmigrants Working in the Seafood Industry.—
In general.—
Requirements for crossings after 90th day.—
Assessment.
Exemption from rules with respect to staggering.—
H–2B Nonimmigrants Defined.—
Determinations.
Wages.
Determination.
Applicability.
SECURITY DETAIL.
Guidelines.
In General.—
Authorities.—
Coordination.
Investigations.
initiate criminal and other investigations into potential threats to the security of the Secretary, in coordination with the Inspector General of the Department of Labor.Compliance With Guidelines.—
Effective date.
Real property.
(rescission)
Sec. 116.Deadline.
This title may be cited as the “
Department of Health and Human Services Appropriations Act, 2023.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with respect to the health workforce, sections 1128E and 1921 of the Social Security Act, and the Health Care Quality Improvement Act of 1986, $1,390,376,000:
Waiver authority.
42 USC 294a note.
available under this heading:Applicability.
section 756(c) of the PHS Act shall apply to paragraphs (1) through (4) of section 756(a) of such Act:Fees.
That fees collected for the disclosure of information under section 427(b) of the Health Care Quality Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to recover the full costs of operating the programs authorized by such sections and shall remain available until expended for the National Practitioner Data Bank:Applicability.
Definition.
That for purposes of the previous two provisos, section 331(a)(3)(D) of the PHS Act shall be applied as if the term “Termination.
Contracts.
That the Secretary may terminate a contract entered into under section 775 of the PHS Act in the same manner articulated in section 206 of this title for fiscal year 2023 contracts entered into under section 338B of the PHS Act.Of the funds made available under this heading, $60,000,000 shall remain available until expended for grants to public institutions of higher education to expand or support graduate education for physicians provided by such institutions, including funding for infrastructure development, maintenance, equipment, and minor renovations or alterations:
Determination.
such grants, the Secretary shall give priority to public institutions of higher education located in States with a projected primary care provider shortage in 2025, as determined by the Secretary:Determination.
are limited to such public institutions of higher education in States in the top quintile of States with a projected primary care provider shortage in 2025, as determined by the Secretary:Time period.
year:Matching funds.
respect to a year to such an institution shall be subject to a matching requirement of non-Federal funds in an amount that is not less than 10 percent of the total amount of Federal funds provided in the grant to such institution with respect to such year.maternal and child health
ryan white hiv/aids program
health systems
rural health
family planning
Abortions.
Lobbying.
provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office.hrsa-wide activities and program support
vaccine injury compensation program trust fund
covered countermeasures process fund
Centers for Disease Control and Prevention
immunization and respiratory diseases
hiv/aids, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention
emerging and zoonotic infectious diseases
chronic disease prevention and health promotion
birth defects, developmental disabilities, disabilities and health
public health scientific services
environmental health
Notifications.
Time period.
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any use of funds pursuant to the preceding proviso.injury prevention and control
national institute for occupational safety and health
energy employees occupational illness compensation program
global health
public health preparedness and response
Detailees.
Notice.
Deadline.
Reports.
Updates.
Time period.
That the Director of the Centers for Disease Control and Prevention (referred to in this title as “CDC”) or the Administrator of the Agency for Toxic Substances and Disease Registry may detail staff without reimbursement to support an activation of the CDC Emergency Operations Center, so long as the Director or Administrator, as applicable, provides a notice to the Committees on Appropriations of the House of 136 STAT. 4860 Representatives and the Senate within 15 days of the use of this authority, a full report within 30 days after use of this authority which includes the number of staff and funding level broken down by the originating center and number of days detailed, and an update of such report every 180 days until staff are no longer on detail without reimbursement to the CDC Emergency Operations Center.buildings and facilities
cdc-wide activities and program support
Contracts.
That funds appropriated 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:Detailees.
That employees of CDC or the Public Health Service, both civilian and commissioned officers, detailed to States, municipalities, or other organizations under authority of section 214 of the PHS Act, or in overseas assignments, shall be treated as non-Federal employees for reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or HHS during the period of detail or assignment:National Institutes of Health
national cancer institute
national heart, lung, and blood institute
national institute of dental and craniofacial research
national institute of diabetes and digestive and kidney diseases
national institute of neurological disorders and stroke
national institute of allergy and infectious diseases
national institute of general medical sciences
eunice kennedy shriver national institute of child health and human development
national eye institute
national institute of environmental health sciences
national institute on aging
national institute of arthritis and musculoskeletal and skin diseases
national institute on deafness and other communication disorders
national institute of nursing research
national institute on alcohol abuse and alcoholism
national institute on drug abuse
national institute of mental health
national human genome research institute
national institute of biomedical imaging and bioengineering
national center for complementary and integrative health
national institute on minority health and health disparities
john e. fogarty international center
national library of medicine
Contracts.
That in fiscal year 2023, the National Library of Medicine may enter into personal services contracts for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health (referred to in this title as “NIH”).national center for advancing translational sciences
office of the director
For carrying out the responsibilities of the Office of the Director, NIH, $2,642,914,000:
Time period.
Advance approvals.
That the funds provided in the previous proviso may be transferred from one specified activity to another with 15 days prior approval of the Committees on Appropriations of the House of Representatives and the Senate:Consultation.
Audit plan.
Time periods.
Deadline.
That the Inspector General shall consult with the Committees on Appropriations of the House of Representatives and the Senate before submitting to the Committees an audit plan for fiscal years 2023 and 2024 no later than 30 days after the date of enactment of this Act:Grants.
That the funds made available under this heading for the Office of Research on Women’s Health shall also be available for making grants to serve and promote the interests of women in research, and the Director of such Office may, in making such grants, use the authorities available to NIH Institutes and Centers.In addition to other funds appropriated for the Common Fund established under section 402A(c) of the PHS Act, $12,600,000 is appropriated to the Common Fund from the 10-year Pediatric Research Initiative Fund described in section 9008 of the Internal Revenue Code of 1986 (26 U.S.C. 9008), for the purpose of carrying out section 402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as authorized in the Gabriella Miller Kids First Research Act.
buildings and facilities
nih innovation account, cures act
Determination.
That upon a determination by the Director that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the Account:Substance Abuse and Mental Health Services Administration
mental health
Grants.
Contracts.
That up to 10 percent of the amounts made available to carry out the Children’s Mental Health Services program may be used to carry out demonstration grants or contracts for early interventions with persons not more than 25 years of age at clinical high risk of developing a first episode of psychosis:substance abuse treatment
State and local governments.
Opioids.
15 percent of the remaining amount shall be for the States with the highest mortality rate related to opioid use disorders:Allocations.
State and local governments.
That in allocating the amount made available in the preceding proviso, the Secretary shall ensure that the formula avoids a significant cliff between States with similar overdose mortality rates to prevent unusually large funding changes in States when compared to prior year allocations:Allocations.
State and local governments.
Territories.
District of Columbia.
Determination.
Deadline.
That of the amount not reserved by the previous four provisos, the Secretary shall make allocations to States, territories, and the District of Columbia according to a formula using national survey results that the Secretary determines are the most objective and reliable measure of drug use and drug-related deaths:substance abuse prevention
health surveillance and program support
Fees.
Agency for Healthcare Research and Quality
healthcare research and quality
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
Fees.
That the Secretary is directed to collect fees in fiscal year 2023 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:health care fraud and abuse control account
Administration for Children and Families
payments to states for child support enforcement and family support programs
For carrying out, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, $2,883,000,000, to remain available until expended; and for such purposes for the first quarter of fiscal year 2024, $1,300,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.136 STAT. 4870
low income home energy assistance
Applicability.
State and local governments.
Territories.
Allocations.
That, after applying all applicable provisions of section 2604 of such Act and the previous proviso, each State or territory that would otherwise receive an allocation, from the amount appropriated under this heading in this Act together with the amount appropriated in the second paragraph under this heading in the Disaster Relief Supplemental Appropriations Act, 2023, that is less than 97 percent of the amount that it received under this heading for fiscal year 2022 from amounts appropriated in Public Law 117–103 shall have its allocation increased to that 97 percent level, with the portions of other States’ and territories’ allocations that would exceed 100 percent of the amounts they respectively received in such fashion for fiscal year 2022 being ratably reduced.refugee and entrant assistance
Applicability.
That the limitation in section 205 of this Act regarding transfers increasing any appropriation shall apply to transfers to appropriations under this heading by substituting “15 percent” for “3 percent”:payments to states for the child care and development block grant
Contracts.
That technical assistance under section 658I(a)(3) of such Act may be provided directly, or through the use of contracts, grants, cooperative agreements, or interagency agreements:social services block grant
children and families services programs
State and local governments.
Applicability.
That for services furnished under the CSBG Act with funds made available for such purpose in this fiscal year and in fiscal year 2022, States may apply the last sentence of section 673(2) of the CSBG Act by substituting “200 percent” for “125 percent”:Procedures.
Time period.
42 USC 9921 note.
That the Secretary shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired with, and program income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole property of such grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with section 680(a)(2)(A) of the CSBG Act:42 USC 9921 note.
That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be used by grantees for any eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act:Applicability.
42 USC 9921 note.
That these procedures shall apply to such grant funds made available after November 29, 1999:promoting safe and stable families
Applicability.
That section 437(b)(1) shall be applied to amounts in the previous proviso by substituting “5 percent” for “3.3 percent”, and notwithstanding section 436(b)(1), such reserved amounts may be used for identifying, establishing, and disseminating practices to meet the criteria specified in section 471(e)(4)(C):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
Notice.
Deadline.
That none of the funds made available under this heading may be used by an eligible system (as defined in section 102 of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any legal action in a Federal or State court on behalf of an individual or group of individuals with a developmental disability (as defined in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental impairment (or a combination of mental and physical impairments), that has as the requested remedy the closure of State operated intermediate care facilities for people with intellectual or developmental disabilities, unless reasonable public notice of the action has been provided to such individuals (or, in the case of mental incapacitation, the legal guardians who have been specifically awarded authority by the courts to make healthcare and residential decisions on behalf of such individuals) who are affected by such action, within 90 days of instituting such legal action, which informs such individuals (or such legal guardians) of their legal rights and how to exercise such rights consistent with current Federal Rules of Civil Procedure:Office of the Secretary
general departmental management
Sexual risk avoidance.
That funding for such competitive grants for sexual risk avoidance shall use medically accurate information referenced to peer-reviewed publications by educational, scientific, governmental, or health organizations; implement an evidence-based approach integrating research findings with practical implementation that aligns with the needs and desired outcomes for the intended audience; and teach the benefits associated with self-regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting sexual coercion, dating violence, and other youth risk behaviors such as underage drinking or illicit drug use without normalizing teen sexual activity:Embryo adoption.
That funds provided in this Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions:medicare hearings and appeals
office of the national coordinator for health information technology
office of inspector general
office for civil rights
retirement pay and medical benefits for commissioned officers
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:
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:
advanced research projects agency for health
President.
Appointment.
42 USC 241 note.
That the President shall appoint in the Department of Health and Human Services a director of advanced research projects for health (Director):42 USC 241 note.
That funds may be used to make or rescind appointments of scientific, medical, and professional personnel without regard to any provision in title 5 governing appointments under the civil service laws:Determination.
42 USC 241 note.
That funds may be used to fix the compensation of such personnel at a rate to be determined by the Director, up to the amount of annual compensation (excluding expenses) specified in section 102 of title 3, United States Code:Grants.
Contracts.
Cash prizes.
42 USC 241 note.
That the Director may use funds made available under this heading to make awards in the form of grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (as defined in section 319L(a)(3) of the PHS Act):42 USC 241 note.
That activities supported with funds provided under this heading shall not be subject to the requirements of sections 406(a)(3)(A)(ii) or 492 of the PHS Act:Deadline.
42 USC 241 note.
Notifications.
Time period.
42 USC 241 note.
That the Committees on Appropriations of the House of Representatives and the Senate 136 STAT. 4879 shall be notified at least 15 days in advance of any transfer pursuant to the preceding proviso.General Provisions
Reports.
Determination.
Evaluation.
(transfer of funds)
Sec. 205.Notifications.
Time period.
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.Time period.
Contracts.
Certification.
Children and youth.
Family planning.
Child abuse.
Abortions.
Gun control.
Government employees.
Children and youth.
AIDS.
Consultation.
The Secretary shall consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 and other applicable statutes administered by the Department of State.Reimbursement.
Cooperation.
Compliance.
The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. TheGrants.
Contracts.
Nonprofits.
HIV/AIDS.
Secretary is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad.(transfer of funds)
Sec. 213.Notifications.
Time period.
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.(transfer of funds)
Sec. 214.Determination.
Authority.—
Procedures.
Assessments.
Peer Review.—
Applicability.
Such procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.(transfer of funds)
Sec. 217.Contracts.
Determination.
Publication.
Web posting.
Statement.
Publication.
(transfer of funds)
Sec. 222.Deadline.
Effective date.
Time period.
Applicability.
(transfer of funds)
Sec. 225.Opioids.
Time period.
Notifications.
Notifications.
Grants.
Time period.
Reports.
Definition.
For purposes of this section, the term “Donations.
Alien children.
Alien children.
Determination.
Time periods.
Grants.
Contracts.
Requirements.
Compliance.
Determination.
Waiver authority.
Certification.
Reports.
Deadline.
Briefing.
Notification.
Time periods.
Analysis.
Alien children.
6 USC 279 note.
Reports.
Within 60 days of bringing such a facility online, and monthly thereafter, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report detailing the total number of children in care at the facility, the average length of stay and average length of care of children at the facility, and, for any child that has been at the facility for more than 60 days, their length of stay and reason for delay in release.Congress.
Alien children.
Time period.
Public information.
Web posting.
Reports.
Alien children.
6 USC 279 note.
(rescission)
Sec. 236.Deadline.
Waiver authority.
This title may be cited as the “
Department of Education Appropriations Act, 2023.
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
Impact Aid
School Improvement Programs
Indian Education
Applicability.
percent limitation in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs:Time period.
awarded under sections 6132 and 6133 of the ESEA with funds provided under this heading may be for a period of up to 5 years.Innovation and Improvement
Safe Schools and Citizenship Education
English Language Acquisition
Special EducationState and local governments.
Allocations.
That the States shall allocate such funds distributed under the second proviso to local educational agencies in accordance with section 611(f):Reduction.
20 USC 1411 note.
That the amount by which a State’s allocation under section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and the amounts distributed to States under the previous provisos in fiscal year 2012 or any subsequent year shall not be considered in calculating the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years:Applicability.
Time period.
That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal year in which a State’s allocation under section 611(d) is reduced for failure to comply with the requirement of section 612(a)(18)(A), the Secretary may apply the reduction specified in section 612(a)(18)(B) over a period of consecutive fiscal years, not to exceed 5, until the entire reduction is applied:20 USC 1411 note.
That the Secretary may, in any fiscal year in which a State’s allocation under section 611 is reduced in accordance with section 612(a)(18)(B), reduce the amount a State may reserve under section 611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under section 612(a)(18)(B) bears to the total allocation the State would have received in that fiscal year under section 611(d) in the absence of the reduction:20 USC 1411 note.
That the Secretary shall either reduce the allocation of funds under section 611 for any fiscal year following the fiscal year for which the State fails to comply with the requirement of section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to recover funds under section 452 of the General Education Provisions Act (20 U.S.C. 1234a):Evaluation.
the Secretary may use funds made available for the State Personnel Development Grants program under part D, subpart 1 of IDEA to evaluate program performance under such subpart:Grants.
may use funds reserved for other State-level activities under sections 611(e)(2) and 619(f) of the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private non-profit organizations to carry out activities authorized by those sections:Grants.
That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer States apply for grants pursuant to section 643(e) of such Act, the Secretary shall provide a grant to each State in an amount equal to the maximum amount described in section 643(e)(2)(B) of such Act:Grants.
That if more than 5 States apply for grants pursuant to section 643(e) of the IDEA, the Secretary shall award funds to those States on the basis of the States’ relative populations of infants and toddlers except that no such State shall receive a grant in excess of the amount described in section 643(e)(2)(B) of such Act:Grants.
may use funds allotted under section 643(c) of the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private non-profit organizations to carry out activities authorized by section 638 of IDEA:Rehabilitation Services
Evaluation.
That up to 15 percent of the amounts 136 STAT. 4892 available subsequent to reallotment for the activities described in the first proviso from funds provided under this paragraph in this Act, may be used for evaluation and technical assistance related to such activities:State and local governments.
Grants.
That States may award subgrants for a portion of the funds to other public and private, nonprofit entities:Special Institutions for Persons With Disabilities
american printing house for the blind
national technical institute for the deaf
gallaudet university
Career, Technical, and Adult Education
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.
20 USC 1070a note.
The maximum Pell Grant for which a student shall be eligible during award year 2023–2024 shall be $6,335.Student Aid Administration
Allocations.
That the Secretary shall allocate new student loan borrower accounts to eligible student loan servicers on the basis of their past performance compared to all loan servicers utilizing established common metrics, and on the basis of the capacity of each servicer to process new and existing accounts:20 USC 1087f note.
That for student loan contracts awarded prior to October 1, 2017, the Secretary shall allow student loan borrowers who are consolidating Federal student loans to select from any student loan servicer to service their new consolidated student loan:Reallocation.
That the Department shall re-allocate accounts from servicers for recurring non-compliance with FSA guidelines, contractual requirements, and applicable laws, including for failure to sufficiently inform borrowers of available repayment options:Evaluations.
Contracts.
That such servicers shall be evaluated based on their ability to meet contract requirements (including an understanding of Federal and State law), future performance on the contracts, and history of compliance with applicable consumer protections laws:Time period.
Briefings.
the Secretary shall provide 136 STAT. 4894 quarterly briefings to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Health, Education, Labor, and Pensions of the Senate on general progress related to solicitations for Federal student loan servicing contracts:Publication.
Data.
That FSA shall strengthen transparency through expanded publication of aggregate data on student loan and servicer performance:Deadline.
Spend plan.
Time period.
Updates.
later than 60 days after enactment of this Act, FSA shall provide to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan of anticipated uses of funds made available in this account for fiscal year 2023 and provide quarterly updates on this plan (including contracts awarded, change orders, bonuses paid to staff, reorganization costs, and any other activity carried out using amounts provided under this heading for fiscal year 2023):Extension authority.
Contracts.
Time period.
notwithstanding the requirements of the Federal Property and Administration Services Act of 1949, 41 U.S.C. 3101 et seq., as amended; parts 6, 16, and 37 of title 48, Code of Federal Regulations; or any other procurement limitation on the period of performance, the Secretary may extend the period of performance for any contract under section 456 of the HEA for servicing activities for up to one year from the current date of expiration.Higher Education
Evaluation.
That of the funds referred to in the preceding proviso up to 1 percent may be used for program evaluation, national outreach, and information dissemination activities:Evaluation.
That up to 1.5 percent of the funds made available under chapter 2 of subpart 2 of part A of title IV of the HEA may be used for evaluation:Howard University
College Housing and Academic Facilities Loans Program
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:
In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $528,000.
Institute of Education Sciences
Data.
funds available to carry out section 208 of the Educational Technical Assistance Act may be used to link Statewide elementary and secondary data systems with early childhood, postsecondary, and workforce data systems, or to further develop such systems:Departmental Management
program administration
office for civil rights
office of inspector general
General Provisions
Voluntary prayer.
Meditation.
(transfer of funds)
Sec. 302.Notifications.
Time period.
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.Time period.
Scholarships.
Effective date.
Applicability.
20 USC 1011c note.
Applicability.
20 USC 1087h note.
(rescission)
Sec. 308.Loan cancellation.
Website.
That the Secretary shall also communicate to all Direct Loan borrowers the full requirements of section 455(m) of such Act and improve the filing of employment certification by providing improved outreach and information such as outbound calls, electronic communications, ensuring prominent access to program requirements and benefits on each servicer’s website, and creating an option for all borrowers to complete the entire payment certification process electronically and on a centralized website.Evaluations.
Analysis.
Data.
Deadline.
Plan.
That not later than 30 days prior to the initial obligation of funds reserved under this section, the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives a plan that identifies the source and amount of funds reserved under this section, the impact on program grantees if funds are withheld for the purposes of this section, and the activities to be carried out with such funds.(including transfer of funds)
Notifications.
Time period.
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 14 days in advance of any transfer made pursuant to this section.20 USC 1652.
(rescission)
Sec. 314.This title may be cited as the “
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
Contracts.
Nonprofits.
That in order to authorize any central nonprofit agency designated pursuant to section 8503(c) of title 41, United States Code, to perform requirements of the Committee as prescribed under section 51–3.2 of title 41, Code of Federal Regulations, the Committee shall enter into a written agreement with any such central nonprofit agency:Corporation for National and Community Service
operating expenses
Determination.
That for the purposes of carrying out the 1990 Act, satisfying the requirements in section 122(c)(1)(D) may include a determination of need by the local community.payment to the national service trust
Determination.
Notice.
That CNCS may transfer additional funds from the amount provided within “Operating Expenses” allocated to grants under subtitle C of title I of the 1990 Act to the National Service Trust upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate:salaries and expenses
office of inspector general
administrative provisions
Sec. 401.Notice.
Public comment.
Requirements.
Time period.
42 USC 12571 note.
Donations.
Time period.
Applicability.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (“CPB”), as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 2025, $535,000,000:
Discrimination.
That none of the funds made available to CPB by this Act shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex:Political test.
That none of the funds made available to CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of CPB.In addition, for the costs associated with
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 Labor-Management Cooperation Act of 1978; and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, $53,705,000:Federal Mine Safety and Health Review Commission
salaries and expenses
Institute of Museum and Library Services
office of museum and library services: grants and administration
Medicaid and Chip Payment and Access Commission
salaries and expenses
Medicare Payment Advisory Commission
salaries and expenses
National Council on Disability
salaries and expenses
National Labor Relations Board
salaries and expenses
administrative provision
Sec. 408.Electronic voting.
National Mediation Board
salaries and expenses
Occupational Safety and Health Review Commission
salaries and expenses
Railroad Retirement Board
dual benefits payments account
Payment schedule.
That the total amount provided herein shall be credited in 12 approximately equal amounts on the first day of each month in the fiscal year.federal payments to the railroad retirement accounts
limitation on administration
limitation on the office of inspector general
Social Security Administration
payments to social security trust funds
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 93–136 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:
Effective date.
For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary.For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2024, $15,800,000,000, to remain available until expended.
limitation on administrative expenses
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:
Notification.
the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the Senate prior to making unobligated balances available under the authority in the previous proviso:Reimbursement.
That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131, and for facilities or support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title shall be made by the Secretary of the Treasury, with interest, from amounts in the general fund not otherwise appropriated, as soon as possible after such expenditures are made.Of
Reviews.
Determination.
the total amount made available in the first paragraph under this heading, not more than $1,784,000,000, to remain available through March 31, 2024, is for the costs associated with continuing disability reviews under titles II and XVI of the Social Security Act, including work-related continuing disability reviews to determine whether earnings derived from services demonstrate 136 STAT. 4906 an individual’s ability to engage in substantial gainful activity, for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys:Reports.
Time periods.
the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure of these funds, similar to the reports that were required by section 103(d)(2) of Public Law 104–121 for fiscal years 1996 through 2002: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:
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
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:
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:
Notice.
Time period.
That notice 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.GENERAL PROVISIONS
(transfer of funds)
Sec. 501.Propaganda.
Lobbying.
Gun control.
Abortions.
Definition.
Abortions.
Discrimination.
Definition.
In this subsection, the term “Human embryos.
Definition.
Drugs and drug abuse.
Health and health care.
Contracts.
Reports.
Certifications.
Consultations.
Time periods.
Notifications.
Political disclosure.
Deadline.
Operating plan.
Reports.
Contracts.
Grants.
Mexico.
Pornography.
Applicability.
Time period.
Pilot sites selected under authorities in this Act and prior appropriations Acts may be granted by relevant agencies up to an additional 5 years to operate under such authorities.Effective date.
Reports.
31 USC 1502 note.
Lists.
Grants.
Deadline.
Time period.
Needles.
Syringes.
Drugs and drug abuse.
Determination.
HIV.
That such limitation does not apply to the use of funds for elements of a program other than making such purchases if the relevant State or local health department, in consultation with the Centers for Disease Control and Prevention, determines that the State or local jurisdiction, as applicable, is experiencing, or is at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in accordance with State and local law.Deadline.
Applicability.
Contracts.
Time period.
Reimbursement.
This division may be cited as the “
Legislative Branch Appropriations Act, 2023.
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
2 USC 60a note.
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the President Pro Tempore of the Senate, $40,000; Majority Leader of the Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip of the Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority Conference Committees, $5,000 for each Chairman; and Chairmen of the Majority and Minority Policy Committees, $5,000 for each Chairman; in all, $195,000.
For representation allowances of the Majority and Minority Leaders of the Senate, $15,000 for each such Leader; in all, $30,000.136 STAT. 4914
Salaries, Officers and Employees
office of the vice president
office of the president pro tempore
office of the president pro tempore emeritus
offices of the majority and minority leaders
offices of the majority and minority whips
committee on appropriations
conference committees
offices of the secretaries of the conference of the majority and the conference of the minority
policy committees
office of the chaplain
office of the secretary
office of the sergeant at arms and doorkeeper
offices of the secretaries for the majority and minority
agency contributions and related expenses
Office of the Legislative Counsel of the Senate
Office of Senate Legal Counsel
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
Contingent Expenses of the Senate
inquiries and investigations
u.s. senate caucus on international narcotics control
secretary of the senate
sergeant at arms and doorkeeper of the senate
sergeant at arms fellowships fund
miscellaneous items
senators’ official personnel and office expense account
official mail costs
Administrative Provisions
requiring amounts remaining in senators’ official personnel and office expense account to be used for deficit reduction or to reduce the federal debt
Sec. 101.mccain-mansfield and sfc sean cooley and spc christopher horton congressional gold star family fellowships programs
Sec. 102.2 USC 6519.
Definitions.—
Establishment.—
Use of Amounts.—
In general.—
Agency contributions.—
Oversight.—
Plan.
a plan regarding the administration of the Fund by the Sergeant at Arms prior to obligation of any funds, to be updated and resubmitted following any changes to the plan; andReports.
annual reports regarding the costs of the Fellowships Programs paid from the Fund.Authorization of Appropriations.—
Exclusion for Purposes of Staffing Limits on the Office of the Sergeant at Arms.—
senate democratic leadership offices funding authorities
Sec. 103.Definition.
2 USC 6154 note.
The amendments made by subsection (a) shall take effect on January 3, 2023.HOUSE OF REPRESENTATIVES
Salaries and Expenses
House Leadership Offices
Time period.
, That such amount for salaries and expenses shall remain available from January 3, 2023 until January 2, 2024.Members’ Representational Allowances
including members’ clerk hire, official expenses of members, and official mail
Allowance for Compensation of Interns in Member Offices
Allowance for Compensation of Interns in House Leadership Offices
Allowance for Compensation of Interns in House Standing, Special and Select Committee Offices
Allowance for Compensation of Interns in House Appropriations Committee Offices
Committee Employees
Committee on Appropriations
Salaries, Officers and Employees
Definition.
That as used in the preceding proviso, 136 STAT. 4921 the term “Allowances and Expenses
House of Representatives Modernization Initiatives Account
Approval.
That disbursement from this account is subject to approval of the Committee on Appropriations of the House of Representatives:Administrative Provisions
requiring amounts remaining in members’ representational allowances to be used for deficit reduction or to reduce the federal debt
Sec. 110.Regulations.
The Committee on House Administration of the House of Representatives shall have authority to prescribe regulations to carry out this section.Definition.
As used in this section, the term “limitation on amount available to lease vehicles
Sec. 111.cybersecurity assistance for house of representatives
Sec. 112.house intern resource office
Sec. 113.2 USC 5549.
Establishment; Coordinator.—
Establishment; coordinator.—
Appointment.—
Duties.—
Addressing Inequities in Access to Internships.—
Authorization of Appropriations.—
Effective Date.—
educational assistance and professional development for house employees
Sec. 114.Expansion of Student Loan Repayment Program to Cover Educational Assistance and Professional Development.—
Program to Cover Student Loan Repayment, Educational Assistance, and Professional Development for House Employees.—
Reimbursement.
Establishment.—
Exclusion of members.—
2 USC 4536 note.
Effective Date.—
house services revolving fund
Sec. 115.Inclusion of Funds Received From Operation of Dry Cleaning and Laundry Service.—
Use of Amounts Subject to Notification Provided to Committee on Appropriations.—
Applicability.
2 USC 5545 note.
Effective Date.—
clarification of use of child care center revolving fund to staff training classes and conferences
Sec. 116.Use of Fund.—
Applicability.
2 USC 2062 note.
Effective Date.—
availability of authority of executive agencies to use appropriated amounts for child care to house of representatives
Sec. 117.Availability of Authority.—
Application to house of representatives.—
Regulations.
the authority granted to the Office of Personnel Management shall be exercised with respect to the House of Representatives by the Speaker of the House of Representatives in accordance with regulations promulgated by the Committee on House Administration; andApplicability.
40 USC 590 note.
Effective Date.—
JOINT ITEMS
Joint Economic Committee
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation, $12,948,000, to be disbursed by the Chief Administrative Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
Office of Congressional Accessibility Services
CAPITOL POLICE
Salaries
Notifications.
For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health, retirement, social security, professional liability insurance, and other applicable employee benefits, $541,730,000 of which overtime shall not exceed $64,912,000 unless the Committees on Appropriations of the House and Senate are notified, to be disbursed by the Chief of the Capitol Police or a duly authorized designee:General Expenses
Certification.
For necessary expenses of the Capitol Police, including motor vehicles, communications and other equipment, security equipment and installation, uniforms, weapons, supplies, materials, training, medical services, forensic services, stenographic services, personal and professional services, the employee assistance program, the awards program, postage, communication services, travel advances, relocation of instructor and liaison personnel for the Federal Law Enforcement Training Centers, and not more than $5,000 to be expended on the certification of the Chief of the Capitol Police in connection with official representation and reception expenses, $192,846,000, to be disbursed by the Chief of the Capitol Police or a duly authorized designee, of which $6,028,000 shall be for agreed upon protection activities for Members of Congress and shall be available until September 30, 2025:Approval.
That amounts made available for the Enhanced Member Protection Program may be obligated and expended only upon approval of the Committees 136 STAT. 4926 on Appropriations:Administrative Provisions
volunteer chaplain services
Sec. 120.2 USC 1912.
Applicability.
Effective Date.—
Threat assessments.
Protective details.
Time period.
Determinations.
2 USC 1966a.
Extension authority.
the protective detail may be extended beyond the initial one year period, with the concurrence of the relevant former Speaker, if the United States Capitol Police determines that information or conditions, including but not limited to violent threats, warrant such protection:Memorandums.
That the United States Capitol Police is authorized to enter into Memoranda of Understanding with relevant state and local law enforcement agencies, as needed, to carry out this section.OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
Certification.
For salaries and expenses necessary for the operation of the Office of Congressional Workplace Rights, $8,000,000, of which $2,500,000 shall remain available until September 30, 2024, and of which not more than $1,000 may be expended on the certification of the Executive Director in connection with official representation and reception expenses.136 STAT. 4927CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
Certification.
For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $6,000 to be expended on the certification of the Director of the Congressional Budget Office in connection with official representation and reception expenses, $63,237,000:ARCHITECT OF THE CAPITOL
Capital Construction and Operations
Capitol Building
Capitol Grounds
Senate Office Buildings
House Office Buildings
Capitol Power Plant
Library Buildings and Grounds
Capitol Police Buildings, Grounds and Security
Botanic Garden
Capitol Visitor Center
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 130.Determination.
reauthorization of fallen heroes flag act of 2016
Sec. 131.LIBRARY OF CONGRESS
Salaries and Expenses
Certification.
of the total amount appropriated, not more than $18,000 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses, including for the Overseas Field Offices:Copyright Office
salaries and expenses
Reduction.
That the total amount available for obligation shall be reduced by the amount by which collections are less than $46,912,000:Certification.
That not more than $6,500 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses 136 STAT. 4931 for activities of the International Copyright Institute and for copyright delegations, visitors, and seminars:Congressional Research Service
salaries and expenses
Advance approvals.
That no part of such amount may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate:National Library Service for the Blind and Print Disabled
salaries and expenses
Administrative Provisions
reimbursable and revolving fund activities
Sec. 140.In General.—
Activities.—
use of appropriated funds to cover salaries of certain personnel of little scholars child development center
Sec. 141.Use of Funds.—
Reimbursement for Certain Compensation.—
Applicability.
2 USC 162b note.
Effective Date.—
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
Time periods.
That notwithstanding the 2-year limitation under section 718 of title 44, United States Code, none of the funds appropriated or made available under this Act or any other Act for printing and binding and related services provided to Congress under chapter 7 of title 44, United States Code, may be expended to print a document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is authorized by Congress to be printed, unless Congress reauthorizes such printing in accordance with section 718 of title 44, United States Code:Deadline.
Time periods.
Approval.
That unobligated or unexpended balances of expired discretionary funds made available under this heading in this Act for this fiscal year may be transferred to, and merged with, funds under the heading “Government Publishing Office Business Operations Revolving Fund” no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated, to be available for carrying out the purposes of this 136 STAT. 4933 heading, subject to the approval of the Committees on Appropriations of the House of Representatives and the Senate:Public Information Programs of the Superintendent of Documents
salaries and expenses
Deadline.
Time periods.
Approval.
That unobligated or unexpended balances of expired discretionary funds made available under this heading in this Act for this fiscal year may be transferred to, and merged with, funds under the heading “Government Publishing Office Business Operations Revolving Fund” no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated, to be available for carrying out the purposes of this heading, subject to the approval of the Committees on Appropriations of the House of Representatives and the Senate.Government Publishing Office Business Operations Revolving Fund
Contracts.
That the Government Publishing Office is hereby authorized to make such expenditures, within the limits of funds available and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund:Certification.
more than $7,500 may be expended on the certification of the Director of the Government Publishing Office in connection with official representation and reception expenses:GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
Certification.
For necessary expenses of the Government Accountability Office, including not more than $12,500 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States Code; benefits comparable to those payable under sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries, $790,319,000, of which $5,000,000 shall remain available until expended:Determination.
amounts provided under this heading and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of either Forum’s costs as determined by the respective Forum, including necessary travel expenses of non-Federal participants:Reimbursements.
That payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially financed.CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND
Russia.
funds made available to support Russian participants shall only be used for those engaging in free market development, humanitarian activities, and civic engagement, and shall not be used for officials of the central government of Russia.JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201.fiscal year limitation
Sec. 202.rates of compensation and designation
Sec. 203.consulting services
Sec. 204.Contracts.
Public information.
costs of legislative branch financial managers council
Sec. 205.Determination.
limitation on transfers
Sec. 206.guided tours of the capitol
Sec. 207.Approval.
At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol Police Board, guided tours of the United States Capitol which are led by employees and interns described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the same extent as guided tours of the United States Capitol which are led by the Architect of the Capitol.limitation on telecommunications equipment procurement
Sec. 208.Huawei Technologies Company.
ZTE Corporation.
Reviews.
Assessment.
Cyber threats.
Country listing.
Mitigation strategy.
Determination.
Reports.
prohibition on certain operational expenses
Sec. 209.Pornography.
plastic waste reduction
Sec. 210.Contracts.
Coordination.
capitol complex health and safety
Sec. 211.This division may be cited as the “
Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023.
MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Notifications.
DEPARTMENT OF DEFENSE
Military Construction, Army
Determination.
That, of this amount, not to exceed $275,651,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of the Army determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor:Military Construction, Navy and Marine Corps
Determination.
That, of this amount, not to exceed $515,473,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor:Military Construction, Air Force
Determination.
That, of this amount, not to exceed $251,634,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Air Force determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor:Military Construction, Defense-Wide
Determination.
That, of the amount, not to exceed $506,927,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor:Military Construction, Army National Guard
Determination.
That, of the amount, not to exceed $83,435,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor:Military Construction, Air National Guard
Determination.
That, of the amount, not to exceed $56,982,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor:Military Construction, Army Reserve
Determination.
of the amount, not to exceed $24,829,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Army Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor:Military Construction, Navy Reserve
Determination.
That, of the amount, not to exceed $9,090,000 shall be available for study, planning, design, 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
Determination.
of the amount, not to exceed $27,573,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Air Force Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor:North Atlantic Treaty Organization
Department of Defense Base Closure Account
Family Housing Construction, Army
Family Housing Operation and Maintenance, Army
Family Housing Construction, Navy and Marine Corps
Family Housing Operation and Maintenance, Navy and Marine Corps
Family Housing Construction, Air Force
Family Housing Operation and Maintenance, Air Force
Family Housing Operation and Maintenance, Defense-Wide
Department of Defense
Department of Defense
Administrative Provisions
Contracts.
Approval.
Certification.
Determinations.
Notification.
Steel.
Contracts.
Japan.
Kwajalein Atoll.
Contracts.
Military exercise.
Time period.
(including transfer of funds)
Time periods.
Determination.
(including transfer of funds)
10 USC 2821 note.
Time periods.
That not more than $35,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the budget submission:Reports.
That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year.(including transfer of funds)
Time period.
Determination.
(including transfer of funds)
For an additional amount for the accounts and in the amounts specified, to remain available until September 30, 2027:
Deadline.
Expenditure plan.
That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.Allotment.
Contracts.
Definition.
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:
Deadline.
Expenditure plan.
That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section:Approvals.
That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section.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:
Deadline.
Expenditure plan.
That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section:Approvals.
That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section.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:
Deadline.
Expenditure plan.
Deadline.
Expenditure plan.
That not later than 60 days after the date of enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.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:
Deadline.
Expenditure plan.
not later than 60 days after the date of enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.Deadline.
Expenditure plan.
That not later than 180 days after the date of enactment of this Act, the Secretary of the Navy, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.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:
Deadline.
Expenditure plan.
not later than 60 days after the date of enactment of this Act, the Secretary of the military department concerned, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section:Approvals.
That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section.Deadline.
Expenditure plan.
not later than 60 days after enactment of this Act, the Secretary of the Air Force, or their designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section.Cuba.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
Reimbursement.
That not to exceed $21,423,000 of the amount made available for fiscal year 2024 under this heading shall be reimbursed to “General Operating Expenses, Veterans Benefits Administration”, and “Information Technology Systems” for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, the funding source for which is specifically provided as the “Compensation and Pensions” appropriation:Reimbursement.
That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to “Medical Care Collections Fund” to augment the funding of 136 STAT. 4950 individual medical facilities for nursing home care provided to pensioners as authorized.readjustment benefits
veterans insurance and indemnities
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:
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:
In addition, for administrative expenses necessary to carry out the direct loan program, $445,698, which may be paid to the appropriation for “General Operating Expenses, Veterans Benefits Administration”.
native american veteran housing loan program account
general operating expenses, veterans benefits administration
Determination.
That expenses for services and assistance authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: (1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account:Veterans Health Administration
medical services
Drugs and drug abuse.
That, notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans 136 STAT. 4952 with privately written prescriptions based on requirements established by the Secretary:medical community care
medical support and compliance
medical facilities
medical and prosthetic research
National Cemetery Administration
Departmental Administration
general administration
board of veterans appeals
information technology systems
Time period.
That no project may be increased or decreased by more than $3,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the transfer and an approval is issued, or absent a response, a period of 30 days has elapsed:veterans electronic health record
Reports.
That the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress quarterly reports detailing obligations, expenditures, and deployment implementation by facility, including any changes from the deployment plan or schedule:Effective date.
Certifications.
Deadlines.
That 25 percent of the funds made available under this heading shall not be available until July 1, 2023, and are contingent upon the Secretary of Veterans Affairs—Reports.
Timeline.
office of inspector general
construction, major projects
Notification.
Approval.
except for advance planning activities, including needs assessments which may or may not lead to capital investments, and other capital asset management related activities, including portfolio development and management activities, and planning, cost estimating, and design for major medical facility projects and major medical facility leases and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund, staffing 136 STAT. 4956 expenses, and funds provided for the purchase, security, and maintenance of land for the National Cemetery Administration through the land acquisition line item, none of the funds made available under this heading shall be used for any project that has not been notified to Congress through the budgetary process or that has not been approved by the Congress through statute, joint resolution, or in the explanatory statement accompanying such Act and presented to the President at the time of enrollment:Reimbursement.
That such sums as may be necessary shall be available to reimburse the “General Administration” account for payment of salaries and expenses of all Office of Construction and Facilities Management employees to support the full range of capital infrastructure services provided, including minor construction and leasing services:Contracts.
Deadlines.
That funds made available under this heading for fiscal year 2023, for each approved project shall be obligated: (1) by the awarding of a construction documents contract by September 30, 2023; and (2) by the awarding of a construction contract by September 30, 2024:Reports.
the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations of both Houses of Congress a written report on any approved major construction project for which obligations are not incurred within the time limitations established above:construction, minor projects
grants for construction of state extended care facilities
grants for construction of veterans cemeteries
Cost of War Toxic Exposures Fund
Deadline.
Expenditure plan.
That not later than 30 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading for fiscal year 2023.Administrative Provisions
Approvals.
Time period.
That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed.(including transfer of funds)
Notifications.
Approvals.
Reimbursement.
Time period.
(including transfer of funds)
Reimbursement.
Determination.
That the Secretary shall determine the cost of administration for fiscal year 2023 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program.(including transfer of funds)
Disclosure.
Reimbursement.
(including transfer of funds)
(including transfer of funds)
Contracts.
Alaska.
Native Americans.
Requirement.
Compliance.
The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary.Definition.
The term “(including transfer of funds)
Reports.
(including transfer of funds)
Approvals.
That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued.(including transfer of funds)
Notification.
That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress:Repeal.
136 Stat. 552.
220 of title II of division J of Public Law 117–103 is(including transfer of funds)
Effective date.
Notification.
additional funds may be transferred from accounts designated in this section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress.(including transfer of funds)
(including transfer of funds)
Notifications.
Deadlines.
Approvals.
Reports.
Data.
Time period.
That the report shall also include information on the number of appeals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly basis.Notifications.
Deadline.
Time period.
Notifications.
(including transfer of funds)
Determinations.
Approval.
transfers shall be made only with the approval of the Office of Management and Budget:Approvals.
further, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request.(including transfer of funds)
Approvals.
That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request.Suicide hotline.
The Secretary of Veterans Affairs shall ensure that the toll-free suicide hotline under section 1720F(h) of title 38, United States Code—Definitions.
In this subsection—Study.
Time period.
Analysis.
Data.
The Secretary of Veterans Affairs shall conduct a study on the effectiveness of the hotline specified in subsection (a) during the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline.Determinations.
a minimum, the study required by paragraph (1) shall—Effective date.
Time period.
Definitions.
this section:Contracts.
Discontinuation.
Deadlines.
38 USC note
prec. 5701.
Except as provided in subsection (b), the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Secretary of Labor, shall discontinue using Social Security account numbers to identify individuals in all information systems of the Department of Veterans Affairs as follows:Applicability.
Time periods.
Contracts.
Time periods.
Applicability.
Records.
Compliance.
Reports.
Each Inspector General covered by this section shall report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within 136 STAT. 4967 5 calendar days of any failure by any department or agency covered by this section to comply with this requirement.Notifications.
Proposal.
Deadline.
Time periods.
Applicability.
Research and development.
Effective date.
Animals.
Approval.
38 USC 303 note.
Determination.
Secretary of Veterans Affairs may approve the conduct of research commencing on or after October 1, 2019, using canines, felines, or non-human primates if the Secretary determines that—Reports.
the Secretary approves any new research pursuant to subsection (b), not later than 30 days before the commencement of such research, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives a report describing—Reports.
later than 180 days after the date of the enactment of this Act, and biannually thereafter, the Secretary shall submit to such Committees a report describing—Plan.
Deadline.
Department shall implement a plan under which the Secretary will eliminate or reduce the research conducted using canines, felines, or non-human primates by not later than 5 years after the date of enactment of Public Law 116–94.Reports.
later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the programs of rehabilitation conducted under chapter 31 of title 38, United States Code, including—Assessment.
assessment of the veteran-to-staff ratio for each such program; andRecommenda-
tions.
recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each such program.Time periods.
Execution plan.
Approvals.
Time period.
prior to obligation of any of the funds provided in this subsection, the Secretary of Veterans Affairs must provide a plan for the execution of the funds appropriated in this subsection to the Committees on Appropriations of both Houses of Congress and such Committees issue an approval, or absent a response, a period of 30 days has elapsed:Reprogramming request.
Approvals.
Time period.
That funds may be reprogrammed among the three purposes subject to the Secretary of Veterans Affairs providing a request with the amount and purpose of the reprogramming to the Committees on Appropriations of both Houses of Congress and such Committees issuing an approval, or absent a response, a period of 30 days has elapsed.Reports.
Update.
Expenditure plan.
That, at a minimum, the report shall include an update on obligations by program, project or activity and a plan for expending the remaining funds:Notification.
Reallocation plan.
Approvals.
Time period.
the Secretary of Veterans Affairs must submit notification of any plans to reallocate funds from the current apportionment categories of “Medical Services”, “Medical Support and Compliance”, “Medical Facilities”, “Medical Community Care”, or “Medical and Prosthetic Research”, including the amount and purpose of each reallocation to the Committees on Appropriations of both Houses of Congress and such Committees issue an approval, or absent a response, a period of 30 days has elapsed.Time period.
Determination.
(rescissions of funds)
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:
Reports.
Analysis.
Rural and urban areas.
(rescission of funds)
Sec. 257.Obligation request.
Approvals.
Time period.
That before such unobligated balances are obligated pursuant to this section, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to obligate such unobligated balances and such Committees issue an approval, or absent a response, a period of 30 days has elapsed:Notice.
request to obligate such unobligated balances must provide Congress notice that the entity described in section 2(a)(2) of Public Law 114–294, as amended, has exhausted available cost containment approaches as set forth in the agreement under section 2(c) of such Public Law.RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
foreign currency fluctuations account
United States Court of Appeals for Veterans Claims
salaries and expenses
Department of Defense—Civil
salaries and expenses
construction
Armed Forces Retirement Home
trust fund
major construction
Administrative Provision
GENERAL PROVISIONS
Web posting.
Public information.
Reports.
Determination.
Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public 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.Time period.
head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days.Pornography.
None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.Contracts.
Detainees.
Cuba.
In General.—
This division may be cited as the “
DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2023
DEPARTMENT OF STATE AND RELATED AGENCY
Department of State
diplomatic programs
Allocations.
That funds made available under this heading shall be allocated in accordance with paragraphs (1) through (4), as follows:Human resources.—
Overseas programs.—
Diplomatic policy and support.—
Security programs.—
Fees and payments collected.—
Transfer of funds, reprogramming, and other matters.—
136 STAT. 4975Consultation.
the exercise of the authority provided by this subparagraph shall be subject to prior consultation with the Committees on Appropriations.Contracts.
appropriated under this heading are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field examination of programs and activities in the United States funded from any account contained in this title.Consultation.
That the exercise of the authority provided by this subparagraph shall be subject to prior consultation with the Committees on Appropriations.22 USC 2706a.
110–161)22 USC 2719 note.
Of the funds appropriated under this heading, not less than $2,000,000 shall be made available for a grant to a postsecondary educational institution for the purpose of establishing a program to increase the participation of undergraduate students in the Foreign Service, as authorized by section 150 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 2719):capital investment fund
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:
In addition, for the Special Inspector General for Afghanistan Reconstruction (SIGAR) for reconstruction oversight, $35,200,000, to remain available until September 30, 2024:
educational and cultural exchange programs
Fellowships and scholarships.
Consultation.
That a portion of the Fulbright awards from the Eurasia and Central Asia regions shall be designated as Edmund S. Muskie Fellowships, following consultation with the Committees on Appropriations:Consultation.
Notification.
That any substantive modifications from the prior fiscal year to programs funded by this Act under this heading shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.representation expenses
protection of foreign missions and officials
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:
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
repatriation loans program account
payment to the american institute in taiwan
international center, washington, district of columbia
payment to the foreign service retirement and disability fund
International 22 USC 269a note.
Organizations
contributions to international organizations
United Nations.
Notifications.
necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions, or specific Acts of Congress, $1,438,000,000, of which $96,240,000 may remain available until September 30, 2024:Budget.
That the Secretary of State shall, at the time of the submission of the President’s budget to Congress under section 1105(a) of title 31, United States Code, transmit to the Committees on Appropriations the most recent biennial budget prepared by the United Nations for the operations of the United Nations:Time period.
That the Secretary of State shall notify the Committees on Appropriations at least 15 days in advance (or in an emergency, as far in advance as is practicable) of any United Nations action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget:Effective date.
That none of the funds appropriated under this heading shall be available for a United States contribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings.contributions for international peacekeeping activities
United Nations.
necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,481,915,000, of which $740,958,000 may remain available until September 30, 2024:Time period.
Notification.
Cost estimates.
That none of the funds made available by this Act shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least 15 days in advance of voting for such mission in the United Nations Security Council (or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified of: (1) the estimated cost and duration of the mission, the objectives of the mission, the national interest that will be served, and the exit strategy; and (2) the sources of funds, including any reprogrammings or transfers, that will be used to pay the cost of the new or expanded mission, and the estimated cost in future fiscal years:Certification.
Reports.
Human rights.
Public information.
Web posting.
of the funds appropriated under this heading may be made available for obligation unless the Secretary of State certifies and reports to the Committees on Appropriations on a peacekeeping mission-by-mission basis that the United Nations is implementing effective policies and procedures to prevent United Nations employees, contractor personnel, and peacekeeping troops serving in such mission from trafficking in persons, exploiting victims of trafficking, or committing acts of sexual exploitation and abuse or other violations of human rights, and to hold accountable individuals who engage in such acts while participating in such mission, 136 STAT. 4979 including prosecution in their home countries and making information about such prosecutions publicly available on the website of the United Nations:Procedures.
Human rights.
That the Secretary of State shall work with the United Nations and foreign governments contributing peacekeeping troops to implement effective vetting procedures to ensure that such troops have not violated human rights:Determination.
That funds shall be available for peacekeeping expenses unless the Secretary of State determines that United States manufacturers and suppliers are not being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers:President.
Recommenda-
tions.
none of the funds appropriated or otherwise made available under this heading may be used for any United Nations peacekeeping mission that will involve United States Armed Forces under the command or operational control of a foreign national, unless the President’s military advisors have submitted to the President a recommendation that such involvement is in the national interest of the United States and the President has submitted to Congress such a recommendation:Notification.
That any payment of arrearages with funds appropriated by this Act shall be subject to the regular notification procedures of the Committees on Appropriations.International 22 USC 269a note.
Commissions
international boundary and water commission, united states and mexico
Compliance.
necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation expenses, as follows:salaries and expenses
construction
Transfer authority.
Notification.
That of the funds appropriated under this heading in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for the United States Section, up to $5,000,000 may be transferred to, and merged with, funds appropriated under the heading “Salaries and Expenses” to carry out the purposes of the United States Section, which shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:american sections, international commissions
international fisheries commissions
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
Allocations.
That funds appropriated under this heading shall be allocated in accordance with the table included under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):Notification.
That notwithstanding the previous proviso, funds may be reprogrammed within and between amounts designated in such table, subject to the regular notification procedures of the Committees on Appropriations, except that no such reprogramming may reduce a designated amount by more than 5 percent:Notification.
Deadline.
Determination.
Terrorism.
the USAGM Chief Executive Officer shall notify the Committees on Appropriations within 15 days of any determination by the USAGM that any of its broadcast entities, including its grantee organizations, provides an open platform for international terrorists or those who support international terrorism, or is in violation of the principles and standards set forth in section 303(a) and (b) of such Act or the entity’s journalistic code of ethics:Notification.
Transfer authority.
Consultation.
Notification.
transfer authority is in addition to any transfer authority otherwise available under any other provision of law and shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.broadcasting capital improvements
RELATED PROGRAMS
The Asia Foundation
United States Institute of Peace
Center for Middle Eastern-Western Dialogue Trust Fund
Eisenhower Exchange Fellowship Program
Salaries.
Contracts.
That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by section 5376 of title 5, United States Code; or for purposes which are not in accordance with section 200 of title 2 of the Code of Federal Regulations, including the restrictions on compensation for personal services.Israeli Arab Scholarship Program
East-West Center
National Endowment for Democracy
OTHER COMMISSIONS
Commission for the Preservation of America’s Heritage Abroad
salaries and expenses
Contracts.
That the Commission may procure temporary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter:Termination date.
That such authority shall terminate on October 1, 2023:Notification.
That the Commission shall notify the Committees on Appropriations prior to exercising such authority.United States Commission on International Religious Freedom
salaries and expenses
Commission on Security and Cooperation in Europe
salaries and expenses
Congressional-Executive Commission on the People’s Republic of China
salaries and expenses
United States-China Economic and Security Review Commission
salaries and expenses
Extension.
Applicability.
That the authorities, requirements, limitations, and conditions contained in the second through fifth provisos under this heading in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall continue in effect during fiscal year 2023 and shall apply to funds appropriated under this heading.UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
Contracts.
Reports.
none of the funds appropriated under this heading and under the heading “Capital Investment Fund” in this title may be made available to finance the construction (including architect and engineering services), purchase, or long-term lease of offices for use by the United States Agency for International Development, unless the USAID Administrator has identified such proposed use of funds in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation of funds for such purposes:Contracts.
Time period.
That contracts or agreements entered into with funds appropriated under this heading may entail commitments for the expenditure of such funds through the following fiscal year:Transfer authority.
That the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter 1 of part I of such Act to “Operating Expenses” in accordance with the provisions of those sections:capital investment fund
Notification.
appropriated under this heading shall be available 136 STAT. 4985 subject to the regular notification procedures of the Committees on Appropriations.office of inspector general
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For
Apportionment.
necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to funds otherwise available for such purposes, $4,165,950,000, to remain available until September 30, 2024, and which shall be apportioned directly to the United States Agency for International Development:HIV/AIDS.
Tuberculosis.
Polio.
Malaria.
Zoonotic diseases.
amount shall be made available for training, equipment, and technical assistance to build the capacity of public health institutions and organizations in developing countries, and for such activities as: (1) child survival and maternal health programs; (2) immunization and oral rehydration programs; (3) other health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes other than AIDS; (5) programs for the prevention, treatment, control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases including neglected tropical diseases, and for assistance to communities severely affected by HIV/AIDS, including children infected or affected by AIDS; (6) disaster preparedness training for health crises; (7) programs to prevent, prepare for, and respond to unanticipated and emerging global health threats, including zoonotic diseases; and (8) family planning/reproductive health:Determination.
President.
Abortion.
none of the funds made available in this Act nor any unobligated balances from prior appropriations Acts may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization:Deadline.
any determination made under the previous proviso must be made not later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and criteria utilized to make the 136 STAT. 4986 determination:Abortion.
That none of the funds made available under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions:Lobbying.
Abortion.
That none of the funds made available under this Act may be used to lobby for or against abortion:Family planning.
Requirements.
Determination.
Reports.
in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual’s decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the USAID Administrator determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action taken by the Agency:Grants.
Discrimination.
Compliance.
in awarding grants for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso:Definition.
for purposes of this or any other Act authorizing or appropriating funds for the Department of State, foreign operations, and related programs, the term “Condoms.
That information provided about the use of condoms as part of projects or activities 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,
Apportionment.
for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $6,395,000,000, to remain available until September 30, 2027, which shall be apportioned directly to the Department of State:Notification.
That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal year 2023 may be made available to USAID for technical assistance related to the activities of the Global Fund, subject to the regular notification procedures of the Committees on Appropriations:development assistance
Apportionment.
That funds made available under this heading shall be apportioned to the United States Agency for International Development.international disaster assistance
Apportionment.
Deadline.
That funds made available under this heading shall be apportioned to the United States Agency for International Development not later than 60 days after the date of enactment of this Act.transition initiatives
Reports.
That the USAID Administrator shall submit a report to the Committees on Appropriations at least 5 days prior to beginning a new, or terminating a, program 136 STAT. 4988 of assistance:Determination.
That if the Secretary of State determines that it is important to the national interest of the United States to provide transition assistance in excess of the amount appropriated under this heading, up to $15,000,000 of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading:Consultation.
That funds made available pursuant to the previous proviso shall be made available subject to prior consultation with the Committees on Appropriations.complex crises fund
Apportionment.
appropriated under this heading shall be apportioned to the United States Agency for International Development.economic support fund
democracy fund
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, including to carry out the purposes of section 502(b)(3) and (5) of Public Law 98–164 (22 U.S.C. 4411), $222,450,000, to remain available until September 30, 2024, which shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor, Department of State:
Consultation.
That the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, shall consult with the Committees on Appropriations prior to the initial obligation of funds appropriated under this paragraph.For an additional amount for such purposes, $133,250,000, to remain available until September 30, 2024, which shall be made available for the Bureau for Development, Democracy, and Innovation, United States Agency for International Development.
assistance for europe, eurasia and central asia
Department of State
migration and refugee assistance
united states emergency refugee and migration assistance fund
Transfer authority.
in excess of the limitation contained in paragraph (2) of such section shall be transferred to, and merged with, funds made available by this Act under the heading “Migration and Refugee Assistance”.Independent Agencies
peace corps
Consultation.
Abortions.
Applicability.
That notwithstanding the previous proviso, section 614 of division E of Public Law 113–76 shall apply to funds appropriated under this heading.millennium challenge corporation
Applicability.
That section 605(e) of the MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated under this heading:inter-american foundation
united states african development foundation
Waiver authority.
That notwithstanding section 505(a)(2) of the African Development Foundation Act (22 U.S.C. 290h–3(a)(2)), in exceptional circumstances the Board of Directors of the USADF may waive the $250,000 limitation contained in that section with respect to a project and a project may exceed the limitation by up to 10 percent if the increase is due solely to foreign currency fluctuation:Reports.
That the USADF shall submit a report to the appropriate congressional committees after each time such waiver authority is exercised:Payments.
That the USADF may make rent or lease payments in advance from appropriations available for such purpose for offices, buildings, grounds, and quarters in Africa as may be necessary to carry out its functions:Department of the Treasury
international affairs technical assistance
Contracts.
That amounts made available under this heading may be made available to contract for services as described in section 129(d)(3)(A) of the Foreign Assistance Act of 1961, without regard to the location in which such services are performed.debt restructuring
President.
Determination.
“Bilateral Economic Assistance—Department of the Treasury—Debt Restructuring” there is appropriated $52,000,000, to remain available until September 30, 2026, for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees for, or credits extended to, such countries as the President may determine, including the costs of selling, reducing, or canceling amounts owed to the United States pursuant to multilateral debt restructurings, including Paris Club debt restructurings and the “Common Framework for Debt Treatments beyond the Debt Service Suspension Initiative”:tropical forest and coral reef conservation
President.
Determination.
the costs, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees, as 136 STAT. 4992 the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the costs of selling, reducing, or canceling amounts owed to the United States as a result of concessional loans made to eligible countries pursuant to part V of the Foreign Assistance Act of 1961, $20,000,000, to remain available until September 30, 2026.INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
Notifications.
expenses to carry out section 481 of the Foreign Assistance Act of 1961, $1,391,004,000, to remain available until September 30, 2024:nonproliferation, anti-terrorism, demining and related programs
Notification.
That funds made available under this heading for the Nonproliferation and Disarmament Fund shall be made available, notwithstanding any other provision of law and subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, to promote bilateral and multilateral activities relating to nonproliferation, disarmament, and weapons destruction, and shall remain available until expended:Determination.
Israel.
That funds appropriated under this heading may be made available for the IAEA unless the Secretary of State determines that Israel is being denied its right to participate in the activities of that Agency:Notification.
funds made available for conventional weapons destruction programs, including demining and related activities, in addition to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of such programs and activities, subject to the regular notification procedures of the Committees on Appropriations.peacekeeping operations
Notification.
funds appropriated under this heading shall be subject to the regular notification procedures of the Committees on Appropriations.Funds Appropriated to the President
international military education and training
Consultation.
That of the funds appropriated under this heading, $3,000,000 shall remain available until expended to increase the participation of women in programs and activities funded under this heading, following consultation with the Committees on Appropriations:foreign military financing program
For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act (22 U.S.C. 2763), $6,053,049,000:
Consultation.
Notification.
Contracts.
That to expedite the provision of assistance to foreign countries and international organizations, the Secretary of State, following consultation with the Committees on Appropriations and subject to the regular notification procedures of such Committees, may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity of foreign security forces:Apportionment.
funds made available under this heading shall be obligated upon apportionment in accordance with paragraph (5)(C) of section 1501(a) of title 31, United States Code.None of
Contracts.
the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurement has first signed an agreement with the United States Government specifying the conditions under which such procurement may be financed with such funds:Notification.
That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 7015 of this Act:Notification.
That not more than $70,000,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales, except that this limitation may be exceeded only through the regular notification procedures of the Committees 136 STAT. 4995 on Appropriations:Notification.
That not more than $1,253,810,229 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for expenses incurred by the Department of Defense during fiscal year 2023 pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C. 2792(b)), except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations.MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
Deadline.
Consultation.
Notification.
That not later than 60 days after the date of enactment of this Act, such funds shall be made available for core contributions for each entity listed in the table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) unless otherwise provided for in this Act, or if the Secretary of State has justified to the Committees on Appropriations the proposed uses of funds other than for core contributions following prior consultation with, and subject to the regular notification procedures of, such Committees.International Financial Institutions
global environment facility
contribution to the clean technology fund
contribution to the international bank for reconstruction and development
limitation on callable capital subscriptions
contribution to the international development association
contribution to the asian development fund
contribution to the african development bank
limitation on callable capital subscriptions
contribution to the african development fund
contribution to the international fund for agricultural development
global agriculture and food security program
contributions to the international monetary fund facilities and trust funds
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
program Contracts.
account
administrative expenses
Extension.
12 USC 635a note.
That notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) of such section shall remain in effect until September 30, 2023:Fees.
That the Bank shall charge fees for necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection 136 STAT. 4998 with the collection of moneys owed the Bank, repossession or sale of pledged collateral or other assets acquired by the Bank in satisfaction of moneys owed the Bank, or the investigation or appraisal of any property, or the evaluation of the legal, financial, or technical aspects of any transaction for which an application for a loan, guarantee or insurance commitment has been made, or systems infrastructure directly supporting transactions:program budget appropriations
Disbursement.
Loans.
Grants.
Time periods.
such funds shall remain available until September 30, 2038, for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 2023 through 2026.receipts collected
Reduction.
the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by such offsetting collections so as to result in a final fiscal year appropriation from the General Fund estimated at $0.United States International Development Finance Corporation
inspector general
corporate capital account
Consultation.
Notification.
That funds may only be obligated pursuant to section 1421(g) of the BUILD Act of 2018 subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations:Consultation.
funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for support by the Corporation in upper-middle income countries shall be subject to prior consultation with the Committees on Appropriations:Collections.
That in fiscal year 2023 collections of amounts described in section 1434(h) of the BUILD Act of 2018 shall be credited as offsetting collections to this appropriation:Reduction.
That the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by the offsetting collections described under this heading so as to result in a final fiscal year appropriation from the General Fund estimated at $588,000,000.program Loans.
account
Disbursement.
Time periods.
That such amounts obligated in a fiscal year shall remain available for disbursement for the following 8 fiscal years:Time period.
made available in this Act and transferred to carry out the Foreign Assistance Act of 1961 pursuant to section 1434(j) of the BUILD Act of 2018 may remain available for obligation for 1 additional fiscal year:Trade and Development Agency
GENERAL PROVISIONS
allowances and differentials
Sec. 7001.unobligated balances report
Sec. 7002.Time periods.
consulting services
Sec. 7003.Contracts.
diplomatic facilities
Sec. 7004.Capital Security Cost Sharing Exception.—
Consultation and Notification.—
Interim and Temporary Facilities Abroad.—
SecurityConsultation.
vulnerabilities.—
Consultation.Notification.
Waiver authority.
—
Soft Targets.—
personnel actions
Sec. 7005.Transfer authority.
That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act:prohibition on publicity or propaganda
Sec. 7006.prohibition against direct funding for certain countries
Sec. 7007.coups d’état
Sec. 7008.Prohibition.—
Certification.
Reports.
That assistance may be resumed to such government if the Secretary of State certifies and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected government has taken office:Consultation.
Notification.
That funds made available pursuant to the previous provisos shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.Waiver.Consultations.
Certification.
Reports.
—
Notification.
funds made available pursuant to such waiver shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.136 STAT. 5003transfer of funds authority
Sec. 7009.Department of State and United States Agency for Global Media.—
Department of state.—
In general.—
Embassy security.Determination.
Reports.
Consultation.
Notification.
—
United states agency for global media.—
Treatment as reprogramming.—
Limitation on Transfers of Funds Between Agencies.—
In general.—
Allocation and transfers.—
Notification.—
Contracts.
Any agreement entered into by the United States Agency for International Development or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Global Health Programs”, “Development Assistance”, “Economic Support Fund”, and “Assistance for Europe, Eurasia and Central Asia” shall be subject to the regular notification procedures of the Committees on Appropriations:United States International Development Finance Corporation.—
Transfers.—
Consultation.
Notification.
That any such transfers, and any amounts transferred to the United States International Development Finance Corporation (the Corporation) pursuant to section 632 of the Foreign Assistance Act of 1961, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:Coordination.
the Secretary of State, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the Corporation, as appropriate, shall ensure that the programs funded by such transfers are coordinated with, and complement, foreign assistance programs implemented by the Department of State and USAID:Transfer of funds from millennium challenge corporation.—
Consultation.
Notification.
That such authority shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:Deadline.
Notification.
within 60 days of the termination in whole or in part of the Compact from which funds were transferred under this authority to the United States International Development Finance Corporation, any unobligated balances shall be transferred back to the Millennium Challenge Corporation, subject to the regular notification procedures of the Committees on Appropriations.President.
Time period.
Consultation.
Policy justification.
Transfer of Funds Between Accounts.—
Reports.
Audit of Inter-Agency Transfers of Funds.—
Transmittals.
That such audits shall be transmitted to the Committees on Appropriations by the Department of State or USAID, as appropriate:prohibition and limitation on certain expenses
Sec. 7010.First-Class Travel.—
Pornography.
Computer Networks.—
Prohibition on Promotion of Tobacco.—
Email Servers Outside the .gov Domain.—
Representation and Entertainment Expenses.—
Limitations on Entertainment Expenses.—
Alcohol and alcoholic beverages.
alcoholic beverages; orFees.
entertainment expenses for activities that are substantially of a recreational character, including entrance fees at sporting events, theatrical and musical productions, and amusement parks.availability of funds
Sec. 7011.Time periods.
Reports.
That the Secretary of State and the Administrator of the United States Agency for International Development shall provide a report to the Committees on Appropriations not later than October 31, 2023, detailing by account and source year, the use of this authority during the previous fiscal year.limitation on assistance to countries in default
Sec. 7012.Time period.
Loans.
President.
Determination.
Consultation.
prohibition on taxation of united states assistance
Sec. 7013.Negotiation.
Prohibition on Taxation.—
Notification and Reimbursement of Foreign Taxes.—
Deadline.
amount equivalent to 200 percent of the total taxes assessed during fiscal year 2023 on funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs by a foreign government or entity against United States assistance programs, either directly 136 STAT. 5008 or through grantees, contractors, and subcontractors, shall be withheld from obligation from funds appropriated for assistance for fiscal year 2024 and for prior fiscal years and allocated for the central government of such country or for the West Bank and Gaza program, as applicable, if, not later than September 30, 2024, such taxes have not been reimbursed.De Minimis Exception.—
Reprogramming of Funds.—
Determinations.—
Assessments.
Reports.
In general.—
Time period.
Consultation.—
Regulations.
Guidance.
Implementation.—
Definitions.—
Bilateral agreement.—
Taxes and taxation.—
reservations of funds
Sec. 7014.Reprogramming.—
Notification.
That any such reprogramming shall be subject 136 STAT. 5009 to the regular notification procedures of the Committees on Appropriations:Determination.
Reports.
Extension of Availability.—
Other Acts.—
notification requirements
Sec. 7015.Notification of Changes in Programs, Projects, and Activities.—
Time period.
None of the funds made available in titles I, II, and VI, and under the headings “Peace Corps” and “Millennium Challenge Corporation”, of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs to the departments and agencies funded by this Act that remain available for obligation in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the departments and agencies funded by this Act, shall be available for obligation to—Contracts.
contract out or privatize any functions or activities presently performed by Federal employees;Notification of Reprogramming of Funds.—
Time period.
Notification Requirement.—
President.
That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment:Department of Defense Programs and Funding Notifications.—
Programs.—
Funding.—
Notification on excess defense articles.—
Waiver.—
Deadline.
That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver:Country Notification Requirements.—
Trust Funds.—
Other Program Notification Requirement.—
Diplomatic programs.—
Other programs.—
Consultation.
Democracy program policy and procedures.—
Reports.
Certifications.
Arms sales.—
Withholding of Funds.—
Deadline.
Prior Consultation Requirement.—
documents, report posting, records management, and related cybersecurity protections
Sec. 7016.Document Requests.—
Public Posting of Reports.—
Records Management and Related Cybersecurity Protections.—
Review.
Updates.
Compliance.
regularly review and update the policies, directives, and oversight necessary to comply with Federal statutes, regulations, and presidential executive orders and memoranda concerning the preservation of all records made or received in the conduct of official business, including record emails, instant messaging, and other online tools;Guidance.
Implementation.
use of funds in contravention of this act
Sec. 7017.President.
Determination.
Notification.
Deadline.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018.President.
Certification.
None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations.allocations and reports
Sec. 7019.Allocation Tables.—
Authorized Deviations.—
Determination.
That such percentage may be exceeded only if the Secretary of State or USAID Administrator, as applicable, determines and reports in writing to the Committees on Appropriations on a case-by-case basis that such deviation is necessary to respond to significant, exigent, or unforeseen events, or to address other exceptional circumstances directly related to the national security interest of the United States, including a description of such events or circumstances:Consultation.
Notification.
Limitation.—
Exceptions.—
Applicability.
With respect to the amounts designated for “Global Programs” in the table under the heading “Economic Support Fund” included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), the matter preceding the first proviso in subsection (b) of this section shall be applied by substituting “5 percent” for “10 percent”, and the provisos in such subsection (b) shall not apply.Reports.—
Clarification.—
multi-year pledges
Sec. 7020.Notification.
Consultation.
Deadline.
prohibition on assistance to governments supporting international terrorism
Sec. 7021.President.
Determinations.
Lethal Military Equipment Exports.—
Prohibition.—
Termination date.
Applicability.
Determination.—
Estimate.
Report.—
Bilateral Assistance.—
Limitations.—
Waiver.—
Federal Register, publication.
Deadline.
Notification.
That the President shall publish each such waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations.authorization requirements
Sec. 7022.definition of program, project, and activity
Sec. 7023.authorities for the peace corps, inter-american foundation, and united states african development foundation
Sec. 7024.Consultation.
Reports.
prior to conducting activities in a country for which assistance is prohibited, the agency shall consult with the Committees on Appropriations and report to such Committees within 15 days of taking such action.commerce, trade and surplus commodities
Sec. 7025.World Markets.—
Notification.
That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations:President.
Determination.
activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency.Exports.—
President.
Determination.
activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency.22 USC 262h note.
International Financial Institutions.—
separate accounts
Sec. 7026.22 USC 2362 note.
Separate Accounts for Local Currencies.—
Agreements.—
Requirement.
require that local currencies be deposited in a separate account established by that government;Uses of local currencies.—
Programming accountability.—
Termination of assistance programs.—
Separate Accounts for Cash Transfers.—
Requirement.
In general.—
Applicability of other provisions of law.—
Deadline.
President.
Notification.—
Notification.
Exemption.—
eligibility for assistance
Sec. 7027.Assistance Through Nongovernmental Organizations.—
President.
Notification.
That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations pursuant to the regular notification procedures, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance:Abortion.
Sterilization.
That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act.Notification.
Public Law 480.—
Exception.—
disability programs
Sec. 7028.Assistance.—
Management, Oversight, and Technical Support.—
international financial institutions
Sec. 7029.Public information.
Evaluations.—
Safeguards.—
Standard.—
Accountability, standards, and best practices.—
Human rights.
do not provide incentives for, or facilitate, forced displacement or other violations of human rights; andCompensation.—
Human Rights.—
Fraud and Corruption.—
Beneficial Ownership Information.—
Whistleblower Protections.—
Grievance Mechanisms and Procedures.—
President.
Budget request.
Determination.
Reports.
Capital Increases.—
technology security
Sec. 7030.Insecure Communications Networks.—
China.
counter the establishment of insecure communications networks and services, including 5G, promoted by the People’s Republic of China and other state-backed enterprises that are subject to undue or extrajudicial control by their country of origin; andConsultation.
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.Allocations.
CHIPS for America International Technology Security and Innovation Fund.—
136 STAT. 5024
Deadline.
Within 45 days of enactment of this Act, the Secretary of State shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund for fiscal year 2023 pursuant to the transfer authority in section 102(c)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167), to the accounts specified and in the amounts specified, in the table titled “CHIPS for America International Technology Security and Innovation Fund” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):Consultation.
Notification.
Reports.
The Secretary of State shall provide the Committees on Appropriations quarterly reports on the status of balances of projects and activities funded by the CHIPS for America International Technology Security and Innovation Fund for amounts allocated pursuant to paragraph (1) of this subsection, including all uncommitted, committed, and unobligated funds.financial management, budget transparency, and anti-corruption
Sec. 7031.Limitation on Direct Government-to-Government Assistance.—
Requirements.—
Consultation and notification.—
Applicability.
the requirements of this paragraph shall only apply to direct government-to-government assistance in excess of $10,000,000 and all funds available for cash transfer, budget support, and cash payments to individuals.Reports.
Suspension of assistance.—
Submission of information.—
Debt service payment prohibition.—
National Budget and Contract Transparency.—
Minimum requirements of fiscal transparency.—
Updates.
Secretary of State shall continue to update and strengthen the “minimum requirements of fiscal transparency” for each government receiving assistance appropriated by this Act, as identified in the report required by section 7031(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76).Public information.
Web posting.
Determination and report.—
Assistance.—
8 USC 1182 note.
Anti-Kleptocracy and Human Rights.—
Ineligibility.—
Determination.
Concurrent with the application of subparagraph (A), the Secretary shall, as appropriate, refer the matter to the Office of Foreign Assets Control, Department of the Treasury, to determine whether to apply sanctions authorities in accordance with United States law to block the transfer of property and interests in property, and all financial transactions, in the United States involving any person described in such subparagraph.Exception.—
Determination.
Waiver.—
Termination date.
Time period.
List.
Report.—
Posting of report.—
Clarification.—
Extraction of Natural Resources.—
Assistance.—
Public disclosure and independent audits.—
democracy programs
Sec. 7032.Funding.—
In general.—
Programs.—
Authorities.—
Availability.—
Beneficiaries.—
Definition of Democracy Programs.—
Program Prioritization.—
Restrictions on Foreign Government Interference.—
Prior approval.—
Disclosure of implementing partner information.—
Determination.
Negotiation
Secretary of State, in consultation with the Administrator of the United States Agency for International Development, determines that the government of the country is undemocratic or has engaged in or condoned harassment, threats, or attacks against organizations implementing democracy programs, any new bilateral agreement governing the terms and conditions under which assistance is provided to such country shall not require the disclosure of the names of implementing partners of democracy programs, and the Secretary of State and the USAID Administrator shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform to this requirement.Continuation of Current Practices.—
Digital Security and Countering Disinformation.—
Informing the National Endowment for Democracy.—
Protection of Civil Society Activists and Journalists.—
International Freedom of Expression and Independent Media.—
22 USC 8201 note.
David E. Price Legislative Strengthening Program.—
Consultation.
Notification.
That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:international religious freedom
Sec. 7033.International Religious Freedom Office.—
Assistance.—
Consultation.
That funds made available by this Act under the headings “Economic Support Fund” and “Democracy Fund” pursuant to this section shall be the responsibility of the Ambassador-at-Large for International Religious Freedom, in consultation with other relevant United States Government officials, and shall be subject to prior consultation with the Committees on Appropriations.Authority.—
Extension.
Designation of Non-State Actors.—
special provisions
Sec. 7034.Victims of War, Displaced Children, and Displaced Burmese.—
Forensic Assistance.—
World Food Programme.—
Directives and Authorities.—
Research and training.—
Notification.
Genocide victims memorial sites.—
Consultation.
Notification.
Private sector partnerships.—
Additional authority.—
Innovation.—
Development innovation ventures.—
Consultation.
Notification.
Exchange visitor program.—
Deadline.
Federal Register, publication.
That such consultation shall take place not later than 30 days prior to the publication in the Federal Register of any regulatory action modifying the Exchange Visitor Program.Payments.—
Consultation.
That funds made available pursuant to this paragraph shall be subject to prior consultation with the Committees on Appropriations.Afghan allies.—
Transatlantic engagement.—
Consultation.
Partner Vetting.—
Notification.
President.
Contingencies.—
International Child Abductions.—
Reports.
That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection.Transfer of Funds for Extraordinary Protection.—
Deadline.
of State may transfer to, and merge with, funds under the heading “Protection of Foreign Missions and Officials” unobligated balances of expired funds appropriated under the heading “Diplomatic Programs” for fiscal year 2023, at no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated:Protections and Remedies for Employees of Diplomatic Missions and International Organizations.—
Consultation.
Personnel.—
Extension.
Impact on Jobs.—
Extension of Authorities.—
5 USC 5753 note.
Incentives for critical posts.—
Categorical eligibility.—
Special inspector general for afghanistan reconstruction competitive status.—
Time period.
Notwithstanding any other provision of law, any employee of the Special Inspector General for Afghanistan Reconstruction (SIGAR) who completes at least 12 months of continuous service after enactment of this Act or who is employed on the date on which SIGAR terminates, whichever occurs first, shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications.8 USC 1715 note.
Transfer of balances.—
Protective services.—
Extension of loan guarantees to israel.—
Monitoring and Evaluation.—
Beneficiary feedback.—
Deadline.
Web posting.
Procedures.
Guidelines.
not later than 90 days after the date of enactment of this Act, the Secretary of State and USAID Administrator shall submit to the Committees on Appropriations, and post on their respective websites, updated procedures for implementing partners that receive funds under such headings for regularly and systematically collecting and responding to such feedback, including guidelines for the reporting on actions taken in response to the feedback received:Oversight.
Consultation.
Ex-post evaluations.—
HIV/AIDS Working Capital Fund.—
Notification.
the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriation Act, 2005 (Public Law 108–447) shall be exercised by the Assistant Administrator for Global Health, USAID, with respect to funds deposited for such non-HIV/AIDS pharmaceuticals and other products, and shall be subject to the regular notification procedures of the Committees on Appropriations:Loans, Consultation, and Notification.—
Foreign countries.
Loan guarantees.—
Consultation and notification.—
Deadline.
President.
Designation.
Administration.—
Local Works.—
136 STAT. 5035Funding.—
Definition.
Time period.
22 USC 2152i note.
Eligible entities.—
Extension of Procurement Authority.—
Waiver authority.
Consultation.
Section 889.—
Reports.
That not later than 60 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing the use of the authority of this subsection since the date of enactment of this Act, which shall include the scope and duration of any waiver granted, the entity covered by such waiver, and a detailed description of the national security interest served:Updates.
Termination date.
That such report shall be updated every 60 days until September 30, 2024.Definitions.—
8 USC 1182 note.
Appropriate congressional committees.—
Funds appropriated by this act and prior acts.—
22 USC 262h note.
International financial institutions.—
Spend plan.—
Successor operating unit.—
22 USC 2152i note.
USAID.—
law enforcement and security
Sec. 7035.Assistance.—
Community-based police assistance.—
Combat casualty care.—
Applicability.
Determination.
Training related to international humanitarian law.—
International prison conditions.—
Consultation.
Deadline.
That the Secretary of State and the USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of such funds prior to obligation and not later than 60 days after the date of enactment of this Act:Authorities.—
Reconstituting civilian police authority.—
Disarmament, demobilization, and reintegration.—
Extension.
of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235) shall continue in effect during fiscal year 2023.Notification.
Israel.
Egypt.
President.
Determination.
Commercial leasing of defense articles.—
Special defense acquisition fund.—
Consultation.
Compliance.
Oversight and accountability.—
Notification.
The Secretary of State shall promptly inform the appropriate congressional committees of any instance in which the Secretary of State has credible information that such assistance was used in a manner contrary to such agreement.Limitations.—
Child soldiers.—
Landmines and cluster munitions.—
Authority.—
Report.—
Cluster munitions.—
Determinations.
Crowd control.—
Reports.—
Security assistance report.—
Definition.
Annual foreign military training report.—
assistance for innocent victims of conflict
Sec. 7036.Consultation.
Deadline.
the USAID Administrator shall consult with the Committees 136 STAT. 5040 on Appropriations not later than 60 days after the date of enactment of this Act on the proposed uses of such funds.palestinian statehood
Sec. 7037.Determination.
Certification.
Limitation on Assistance.—
Sense of Congress.—
President.
Determination.
Waiver.—
Exemption.—
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038.assistance for the west bank and gaza
Sec. 7039.Time period.
Deadline.
Certification.
Procedures.
Records.
Review.
Oversight.—
Terrorism.
Determinations.
Vetting.—
Procedures.
Termination.
That the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating terrorist activity.Prohibition.—
Recognition of acts of terrorism.—
Determination.
Security assistance and reporting requirement.—
Oversight by the United States Agency for International Development.—
Audits.
Contracts.
Grants.
Deadline.
Compliance.
The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section.Comptroller General of the United States Audit.—
Investigation.
to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2023 under the heading “Economic Support Fund”, and such audit shall address—Compliance.
Examination.
Notification Procedures.—
limitation on assistance for the palestinian authority
Sec. 7040.President.
Prohibition of Funds.—
Certification.
Waiver.—
Period of Application of Waiver.—
Report.—
Reports.
Certification.—
Prohibition to Hamas and the Palestine Liberation Organization.—
Certification.
Reports.
Compliance.
Reports.
Compliance.
Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended:middle east and north africa
Sec. 7041.Egypt.—
Certification and report.—
Economic support fund.—
Reports.
Foreign military financing program.—
Consultation.
Notification.
Certification.—
Human rights.
Compliance.
comply with the requirement under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).136 STAT. 5045Determination.
Waiver.—
Determination.
Political prisoners.
Detainees.
Iran.—
Funding.—
Reports.—
Semi-annual report.—
Sanctions report.—
Iraq.—
Purposes.—
Basing rights.—
Disbursement.
Deadline.
Israel.—
Jordan.—
Lebanon.—
Assistance.—
Security assistance.—
Consultation.
Lebanese Internal Security Forces.
Lebanese Armed Forces.
Funds appropriated by this Act under the headings “International Narcotics Control and Law Enforcement” and “Foreign Military Financing Program” that are made available for assistance for Lebanon may be made available for programs and equipment for the Lebanese Internal Security Forces (ISF) and the Lebanese Armed Forces (LAF) to address security and stability requirements in areas affected by conflict in Syria, following consultation with the appropriate congressional committees.Terrorism.
Funds appropriated by this Act under the heading “Foreign Military Financing Program” that are made available for assistance for Lebanon may only be made available for programs to—Spend plan.
That prior to obligating funds made available by this subparagraph for assistance for the LAF, the Secretary of State shall submit to the Committees on Appropriations a spend plan, including actions to be taken to ensure equipment provided to the LAF is used only for the intended purposes, except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961:Notification.
That any notification submitted pursuant to such section shall include any funds specifically intended for lethal military equipment.Limitation.—
Libya.—
Applicability.
That the limitation on the uses of funds for certain infrastructure projects in section 7041(f)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76) shall apply to such funds.Morocco.—
Saudi Arabia.—
Prohibition.—
Export-import bank.—
Syria.—
136 STAT. 5048Non-lethal assistance.—
Limitations.—
Determination.
Bashar al-Assad.
should not be used in areas of Syria controlled by a government led by Bashar al-Assad or associated forces.Consultation and notification.—
Tunisia.—
Consultation.
Assistance.—
Report.—
West Bank and Gaza.—
Assistance.—
Report on assistance.—
Limitations.—
Waiver authority.
Certification.
Reports.
The Secretary of State may waive the restriction in clause (i) of this subparagraph resulting from the application of subclause (I) of such clause if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle East peace.President.
Waiver authority.
Determination.
Certification.
The President may waive the provisions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204) if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the appropriate congressional committees that the Palestinians have not, after the date of enactment of this Act—Deadline.
Not less than 90 days after the President is unable to make the certification pursuant to clause (i) of this subparagraph, the President may waive section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have entered into direct and meaningful negotiations with Israel:Application of taylor force act.—
Applicability.
Security report.—
Incitement report.—
africa
Sec. 7042.African Great Lakes Region Assistance Restriction.—
Determination.
Reports.
Funds appropriated by this Act under the heading “International Military Education and Training” for the central government of a country in the African Great Lakes region may be made available only for Expanded International Military Education and Training and professional military education until the Secretary of State determines and reports to the Committees on Appropriations that such government is not facilitating or otherwise participating in destabilizing activities in a neighboring country, including aiding and abetting armed groups.Central African Republic.—
Lord’s Resistance Army.
Child soldiers.
Counter Illicit Armed Groups.—
Ebola.
Democratic Republic of the Congo.—
Ethiopia.—
Malawi.—
South Sudan.—
Consultation.
That funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for any new program, project, or activity in South Sudan shall be subject to prior consultation with the appropriate congressional committees.Sudan.—
Assistance.—
Limitation.—
Consultation.—
Certification.
Reports.
22 USC 2151 note.
Zimbabwe.—
Instruction.—
Limitation.—
east asia and the pacific
Sec. 7043.Burma.—
Uses of funds.—
Consultations.
Human rights.
shall be made available for programs and activities to investigate and document violations of human rights in Burma committed by the military junta.International security assistance.—
Determination.
Limitations.—
Consultation.—
Cambodia.—
Assistance.—
Certification and exceptions.—
Reports.
Certification.—
Exceptions.—
Uses of funds.—
Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018.—
Assistance.—
Consultation.
Countering prc influence fund.—
Allocation.
Transfer authority.
Notification.
That such transfer authority is in addition to any other transfer authority provided by this Act or any other Act, and is subject to the regular notification procedures of the Committees on Appropriations.Restriction on uses of funds.—
Determination.
the use of technology, including biotechnology, digital, telecommunications, and cyber, developed by the People’s Republic of China unless the Secretary of State, in consultation with the USAID Administrator and the heads of other Federal agencies, as appropriate, determines that such use does not adversely impact the national security of the United States.Maps.—
Agent Orange.
Laos.—
Assessments.
Determination.
Orange:North Korea.—
Determination.
Reports.
Cybersecurity.—
Waiver authority.
Determination.
Broadcasts.—
Human rights.—
Applicability.
That the authority of section 7032(b)(1) of this Act shall apply to such funds.Limitation on use of funds.—
Consultation.
Pacific Islands Countries.—
Operations.—
Assistance.—
People’s Republic of China.—
136 STAT. 5056Deadline.
Notification.
Limitation on use of funds.—
Applicability.
People’s liberation army.—
Hong kong.—
Democracy programs.—
Restrictions on assistance.—
Update.
Report.—
Philippines.—
Taiwan.—
Global cooperation and training framework.—
Foreign military financing.—
Fellowship program.—
Deadline.
Consultation.—
Notification.
Tibet.—
Financing of projects in tibet.—
Programs for tibetan communities.—
Vietnam.—
Agent Orange.
$30,000,000 shall be made available for health and disability programs to assist persons with severe physical mobility, cognitive, or developmental disabilities:Ante, p. 650.
south and central asia
Sec. 7044.Afghanistan.—
Restriction.—
Afghan special immigrant visas.—
Afghan students.—
Consultation.
That the Secretary of State and the Administrator of the United States Agency for International Development, as appropriate, shall consult with the Committees on Appropriations prior to the initial obligation of funds for such purposes.136 STAT. 5059Report.—
Bangladesh.—
Nepal.—
Certification.
Reports.
Human rights.
That such funds may only be made available for additional uses if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Nepal is investigating and prosecuting violations of human rights and the laws of war by the Nepal Army, and the Nepal Army is cooperating fully with civilian judicial authorities in such cases.Pakistan.—
Assistance.—
Security assistance.—
Reports.
Bilateral economic assistance.—
Authority and uses of funds.—
Consultation.
Reports.
Shakil Afridi.
Withholding.—
Sri Lanka.—
Assistance.—
Reports.
Certification.—
Human rights.
Limitation.—
Consultation.—
Regional Programs.—
latin america and the caribbean
Sec. 7045.Central America.—
Assistance.—
Migration.
Consultation.
That the USAID Administrator shall consult with the Committees on Appropriations on the planned uses of funds to carry out this subparagraph prior to the initial obligation of funds:Notification.
That such funds shall be subject to the regular notification procedures of the Committees on Appropriations.Limitation on assistance to certain central governments.—
Certification.
Reports.
Reprogramming.—
Notification.
That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations.Exceptions.—
Foreign military financing program.—
Colombia.—
136 STAT. 5064Assistance.—
Certifications.
Reports.
Withholding of funds.—
Counternarcotics.—
Human rights.—
Exceptions.—
Authority.—
Limitation.—
Haiti.—
Assistance.—
Certification.—
Exceptions.—
Consultation.—
Applicability.
That the requirement of this paragraph shall also apply to any funds from such Acts that are made available for support for an international security force in Haiti.Prohibition.—
Haitian coast guard.—
Nicaragua.—
The Caribbean.—
Venezuela.—
Consultation.
Notification.
europe and eurasia
Sec. 7046.Assistance.—
Georgia.—
Ukraine.—
Territorial Integrity.—
President.
Determination.
That except as otherwise provided in section 7047(a) of this Act, funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States:Consultation.
That prior to executing the authority contained in the previous proviso, the Secretary of State shall consult with the Committees on Appropriations on how such assistance supports the national security interest of the United States.Section 907 of the FREEDOM Support Act.—
Determination.
Reports.
Turkey.—
countering russian influence and aggression
Sec. 7047.Prohibition.—
Annexation of Territory.—
136 STAT. 5068Determination.
Reports.
Prohibition.—
Waiver authority.
That except as otherwise provided in subsection (a), the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to such Committees that to do so is in the national interest of the United States, and includes a justification for such interest.Limitation.—
International financial institutions.—
Duration.—
Occupation of the Georgian Territories of Abkhazia and Tskhinvali Region/South Ossetia.—
Determination.
Reports.
Prohibition.—
Web posting.
List.
That the Secretary shall publish on the Department of State website a list of any such central governments in a timely manner:Waiver authority.
Determination.
Reports.
That the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to the Committees on Appropriations that to do so is in the national interest of the United States, and includes a justification for such interest.136 STAT. 5069Limitation.—
International financial institutions.—
Countering Russian Influence Fund.—
Assistance.—
Economics and trade.—
Democracy Programs.—
united nations
Sec. 7048.Transparency and Accountability.—
Reports.
Web postings.
Determinations.
Terrorism.
Restrictions on United Nations Delegations and Organizations.—
Restrictions on united states delegations.—
Restrictions on contributions.—
Reports.
Waiver.—
Determination.
Reports.
Israel.
United Nations Human Rights Council.—
Resolution.
Time period.
That the Secretary of State shall report to the Committees on Appropriations not later than September 30, 2023, on the resolutions considered in the United Nations Human Rights Council during the previous 12 months, and on steps taken to remove Israel as a permanent agenda item and ensure integrity in the election of members to such council.Reports.
United Nations Relief and Works Agency.—
Procedure.
Compliance.
Compliance.
Prohibition of Payments to United Nations Members.—
Report.—
Updates.
Not later than 45 days after the date of enactment of this Act, the Secretary of State shall submit a report to the 136 STAT. 5072 Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2023 for contributions to any organization, department, agency, or program within the United Nations system or any international program that are withheld from obligation or expenditure due to any provision of law:Consultation.
Notification.
That the Secretary shall update such report each time additional funds are withheld by operation of any provision of law:Sexual Exploitation and Abuse in Peacekeeping Operations.—
Determinations.
The Secretary of State shall, to the maximum extent practicable, withhold assistance to any unit of the security forces of a foreign country if the Secretary has credible information that such unit has engaged in sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation, until the Secretary determines that the government of such country is taking effective steps to hold the responsible members of such unit accountable and to prevent future incidents:Notification.
Deadline.
That the Secretary shall promptly notify the government of each country subject to any withholding of assistance pursuant to this paragraph, and shall notify the appropriate congressional committees of such withholding not later than 10 days after a determination to withhold such assistance is made:Reports.
Consultation.
That not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations detailing the policies, mechanisms, and procedures established to implement this subsection, following consultation with the Committees on Appropriations.Notification.
Additional Availability.—
war crimes tribunal
Sec. 7049.President.
Determination.
Drawdown.
United Nations.
Notification.
That funds made available pursuant to this section shall be made available subject to the regular notification procedures of the Committees on Appropriations.global internet freedom
Sec. 7050.Funding.—
Requirements.—
Department of state and united states agency for international development.—
Coordination.
Assessment.
That the Secretary of State, in consultation with the United States Agency for Global Media Chief Executive Officer (USAGM CEO) and the President of the Open Technology Fund (OTF), shall coordinate any such research and development programs with other relevant United States Government departments and agencies 136 STAT. 5074 in order to share information, technologies, and best practices, and to assess the effectiveness of such technologies; andUnited states agency for global media.—
Evaluation.
Deadline.
Coordination and Spend Plans.—
Security Audits.—
Review.
Updates.
That the security auditing procedures used by such Bureau shall be reviewed and updated periodically to reflect current industry security standards.torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051.Prohibition.—
Consultation.
Assistance.—
aircraft transfer, coordination, and use
Sec. 7052.Transfer Authority.—
Applicability.
Determination.
Property Disposal.—
Consultation.
Notification.
That any such transfer shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.Aircraft Coordination.—
Authority.—
Applicability.
Scope.—
Aircraft Operations and Maintenance.—
parking fines and real property taxes owed by foreign governments
Sec. 7053.Applicability.
international monetary fund
Sec. 7054.Applicability.
Extensions.—
Repayment.—
extradition
Sec. 7055.Limitation.—
Applicability.
Clarification.—
Certification.
Waiver.—
enterprise funds
Sec. 7056.President.
Plans.
Time period.
Advance notice.
Notification.—
Distribution of Assets Plan.—
Transition or Operating Plan.—
united nations population fund
Sec. 7057.Contribution.—
Transfer authority.
Notification.
Availability of Funds.—
Prohibition on Use of Funds in China.—
Conditions on Availability of Funds.—
Abortion.
Report to Congress and Dollar-for-Dollar Withholding of Funds.—
global health activities
Sec. 7058.In General.—
Pandemics and Other Infectious Disease Outbreaks.—
Global health security.—
Deadline.
Consultation.
That not later than 60 days after the date of enactment of this Act, the USAID Administrator and the Secretary of State, as appropriate, shall consult with the Committees on Appropriations on the planned uses of such funds.Financial intermediary fund.—
Determination.
Reports.
Extraordinary measures.—
Emergency reserve fund.—
Consultation and notification.—
China.
Limitation.—
gender equality and women’s empowerment
Sec. 7059.In General.—
Gender equality.—
Women’s economic empowerment.—
Consultation.
That the Secretary of State and the Administrator of the United States Agency for International Development, as appropriate, shall consult with the Committees on Appropriations on the implementation of such Act.Gender equity and equality action fund.—
22 USC 2151–2 note.
Madeleine K. Albright Women’s Leadership Program.—
Gender-Based Violence.—
Women, Peace, and Security.—
sector allocations
Sec. 7060.Basic Education and Higher Education.—
Basic education.—
22 USC 2151c note.
Implementation.
shall be implemented by substituting “the thirtieth day of June following” for “180 days after”.Higher education.—
Notification.
That such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries, and shall be subject to the regular notification procedures of the Committees on Appropriations:Deadline.
Consultation.
That not later than 45 days after the date of enactment of this Act, the USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of funds for such partnerships.Scholar rescue programs.—
Consultation.
Deadline.
That the Secretary of State and Administrator of the United States Agency for International Development, as appropriate, shall consult with the Committees on Appropriations on such programs not later than 90 days after the date of enactment of this Act.Development Programs.—
Food Security and Agricultural Development.—
Micro, Small, and Medium-Sized Enterprises.—
Programs to Combat Trafficking in Persons.—
Coordination.
That funds made available by this Act under the headings “Development Assistance”, “Economic Support Fund”, and “Assistance for Europe, Eurasia and Central Asia” that are made available for activities to combat trafficking in persons should be obligated and programmed consistent with the country-specific recommendations included in the annual Trafficking in Persons Report, and shall be coordinated with the Office to Monitor and Combat Trafficking in Persons, Department of State.Reconciliation Programs.—
Consultation.
Notification.
That the USAID Administrator shall consult with the Committees on Appropriations, prior to the initial obligation of funds, on the uses of such funds, and such funds shall be subject to the regular notification procedures of the Committees on Appropriations:Water and Sanitation.—
Deviation.—
Proposals.
That concurrent with the submission of the report required by section 653(a) of the Foreign Assistance Act of 1961, the Secretary of State shall submit to the Committees on Appropriations in writing any proposed deviations utilizing such authority that are planned at the time of submission of such report:Consultation.
That any deviations proposed subsequent to the submission of such report shall be subject to prior consultation with such Committees:Reports.
That not later than November 1, 2024, the Secretary of State shall submit a report to the Committees on Appropriations on the use of the authority of this subsection.environment programs
Sec. 7061.Determination.
Poaching.
Reports.
Consultation.
That such funds may only be made available following consultation with the Committees on Appropriations.Implementation.
budget documents
Sec. 7062.Deadlines.
Operating Plans.—
Notification.
That operating plans that include changes in levels of funding for programs, projects, and activities specified in the congressional budget justification, in this Act, or amounts specifically designated in the respective tables included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), as applicable, shall be subject to the notification and reprogramming requirements of section 7015 of this Act.Spend Plans.—
Clarification.—
Congressional Budget Justification.—
Appendices.
That the appendices for such justification shall be provided to the Committees on Appropriations not later than 10 calendar days thereafter.reorganization
Sec. 7063.Prior Consultation and Notification.—
Description of Activities.—
department of state management
Sec. 7064.Notification.
Working Capital Fund.—
Certification.—
Reports.
Compliance.—
Certification.
Considerations.—
Timeline.
Plan.—
Information Technology Platform.—
united states agency for international development management
Sec. 7065.22 USC 3948 note.
Authority.—
Expiration date.
Restriction.—
Program Account Charged.—
Foreign Service Limited Extensions.—
Notification.
Disaster Surge Capacity.—
Personal Services Contractors.—
Small Business.—
Senior Foreign Service Limited Appointments.—
Crisis Operations Staffing.—
Coordination.
Consultation.
the USAID Administrator shall coordinate with the Director of the Office of Personnel Management and consult with the appropriate congressional committees on implementation of this provision.stabilization and development in regions impacted by extremism and conflict
Sec. 7066.Prevention and Stabilization Fund.—
Allocation.
That such funds shall be allocated as specified under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):Transfer authority.
That funds appropriated under such headings may be transferred to, and merged with, funds appropriated under such headings for such purposes:Consultation.
Notification.
That such transfer authority is in addition to any other transfer authority provided by this Act or any other Act, and is subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:Transitional Justice.—
Consultation.
That such funds shall be administered by the Ambassador-at-Large for the Office of Global Criminal Justice, Department of State, and shall be subject to prior consultation with the Committees on Appropriations:Global Community Engagement and Resilience Fund.—
debt-for-development
Sec. 7067.Notification.
extension of consular fees and related authorities
Sec. 7068.Applicability.
22 USC 214 note.
Transfer authorities.
Determination.
Reports.
Consultation.
management of international transboundary water pollution
Mexico.
22 USC 277j.
Contracts.
Determination.
Contracts.
Notification.
waiver authority
Sec. 7070.President.
Determination.
Reports.
Termination date.
That the authority of this section shall sunset on September 30, 2025, unless extended in a subsequent Act of Congress.organization of american states
Sec. 7071.Reports.
multilateral development banks
Sec. 7072.International Development Association Twentieth Replenishment.—
22 USC 284dd.
TWENTIETH REPLENISHMENT.
In General.—
Authorization of Appropriations.—
Asian Development Fund Twelfth Replenishment.—
22 USC 285hh.
TWELFTH REPLENISHMENT.
war crimes accountability
Sec. 7073.Exception for Certain Investigations.—
In general.—
Exception.—
Exception for Certain Support.—
Saddam Hussein.
Slobodan Milosovic.
Osama bin Laden.
Assistance.—
Authority.—
Deadline.
Notification.—
22 USC 7423 note.
Rule of Construction.—
rescissions
Millennium Challenge Corporation.—
Embassy Security, Construction, and Maintenance.—
Contributions for International Peacekeeping Activities.—
Restriction.—
This division may be cited as the “
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2022.
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Department of Transportation Appropriations Act, 2022.
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
Transfer authority.
That the Secretary of Transportation (referred to in this title as the “Secretary”) is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary:Notice.
Funding approval.
notice of any change in funding greater than 7 percent shall be submitted for approval to the House and Senate Committees on Appropriations:Allocation.
Determination.
That not to exceed $70,000 shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine:research and technology
Continuance.
49 USC 112 note.
That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.national infrastructure investments
Grants.
That grants awarded under this heading in this Act for eligible projects for planning, preparation, or design shall not be subject to a minimum grant size:Distribution.
That in distributing amounts made available under this heading in this Act, the Secretary shall take such measures so as to ensure an equitable geographic distribution of funds, an appropriate balance in addressing the needs of urban and rural areas, including Tribal areas, and the investment in a variety of transportation modes:Allocations.
Urban and rural areas.
That of the amounts awarded under this heading in this Act, not more than 50 percent shall be allocated for eligible projects located in rural areas and not more than 50 percent shall be allocated for eligible projects located in urbanized areas:Determination.
Urban and rural areas.
That for the purpose of determining if an award for planning, preparation, or design under this heading in this Act is an urban award, the project location is the location of the project being planned, prepared, or designed:thriving communities initiative
Contracts.
That the Secretary of Transportation shall make such 136 STAT. 5096 amounts available for technical assistance and cooperative agreements to develop and implement technical assistance, planning, and capacity building to improve and foster thriving communities through transportation improvements:Contracts.
That the Secretary may enter into cooperative agreements with philanthropic entities, non-profit organizations, other Federal agencies, State or local governments and their agencies, Indian Tribes, or other technical assistance providers, to provide such technical assistance, planning, and capacity building to State, local, or Tribal governments, United States territories, metropolitan planning organizations, transit agencies, or other political subdivisions of State or local governments:Contracts.
That to be eligible for a cooperative agreement under this heading, a recipient shall provide assistance to entities described in the preceding proviso on engaging in public planning processes with residents, local businesses, non-profit organizations, and to the extent practicable, philanthropic organizations, educational institutions, or other community stakeholders:Contracts.
That such cooperative agreements shall facilitate the planning and development of transportation and community revitalization activities supported by the Department of Transportation under titles 23, 46, and 49, United States Code, that increase mobility, reduce pollution from transportation sources, expand affordable transportation options, facilitate efficient land use, preserve or expand jobs, improve housing conditions, enhance connections to health care, education, and food security, or improve health outcomes:Notifications.
Deadline.
That the Secretary shall notify the House and Senate Committees on Appropriations not later than 3 business days prior to a transfer carried out under the preceding proviso.national surface transportation and innovative finance bureau
Fees.
That the Secretary may collect and spend fees, as authorized by title 23, United States Code, to cover the costs of services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments:railroad rehabilitation and improvement financing program
Loans.
Secretary is authorized to issue direct loans and loan guarantees pursuant to chapter 224 of title 49, United States Code, and such authority shall exist as long as any such direct loan or loan guarantee is outstanding.financial management capital
cyber security initiatives
office of civil rights
transportation planning, research, and development
working capital fund
Assessments.
Notifications.
Approvals.
That no assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees.small and disadvantaged business utilization and outreach
payments to air carriers
Determination.
That in determining between 136 STAT. 5099 or among carriers competing to provide service to a community, the Secretary may consider the relative subsidy requirements of the carriers:Reimbursements.
That the Administrator may reimburse such amounts from fees credited to the account established under section 45303 of title 49, United States Code:administrative provisions—office of the secretary of transportation
(including rescission and transfer of funds)
Sec. 101.Assessments.
Contracts.
Web posting.
Public information.
Requirement.
Records.
Reimbursements.
Transit benefits.
Time period.
That such reserve shall not exceed 1 month of benefits payable and may be used only for the purpose of providing for the continuation of transit benefits:Reimbursement.
That the Working Capital Fund shall be fully reimbursed by each customer agency from available funds for the actual cost of the transit benefit.Retention bonuses.
Advance approval.
Deadline.
Notification.
Determination.
That sponsors of projects eligible for funds made available under this section shall provide sufficient written justification describing, at a minimum, the current project cost estimate, why the project cannot be completed with the obligated grant amount, and any other relevant information, as determined by the Secretary:Determination.
That of amounts made available under this section, the Secretary may award to rail infrastructure projects only amounts that the Secretary determines are not needed to complete port infrastructure projects.Federal Aviation Administration
operations
Transfer authority.
That not to exceed 5 percent of any budget activity, except for aviation safety budget activity, may be transferred to any budget activity under this heading:Reports.
49 USC 44506 note.
That not later than 60 days after the submission of the budget request, the Administrator of the Federal Aviation Administration shall transmit to Congress an annual update to the report submitted to Congress in December 2004 pursuant to section 221 of the Vision 100-Century of Aviation Reauthorization Act (49 U.S.C. 40101 note):Reports.
Reduction.
That the amounts made available under this heading shall be reduced by $100,000 for each day after 60 days after the submission of the budget request that such report has not been transmitted to Congress:Reports.
Estimates.
49 USC 44502 note.
That not later than 60 days after the submission of the budget request, the Administrator shall transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one utilized for the controller staffing plan, including stated attrition estimates and numerical hiring goals by fiscal year:Reduction.
That the amounts made available under this heading shall be reduced by $100,000 for each day after the date that is 60 days after the submission of the budget request that such report has not been submitted to Congress:Grants.
Contracts.
Nonprofits.
Aviation safety.
That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the development of aviation safety standards:Regulations.
That none of the funds made available by this Act shall be available for the Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically authorized by law after the date of the enactment of this Act:facilities and equipment
Deadline.
Investment plan.
Time period.
That not later than 60 days after submission of the budget request, the Secretary of Transportation shall transmit to the Congress an investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2024 through 2028, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget:Applicability.
That section 405 of this Act shall apply to amounts made available under this heading in title VIII of the Infrastructure Investments and Jobs Appropriations Act (division J of Public Law 117–58):Advance approval.
Transfer authority.
That, notwithstanding paragraphs (5) and (6) of such section 405, unless prior approval is received from the House and Senate Committees on Appropriations, not to exceed 10 percent of any funding level specified for projects and activities in the table referred to in the preceding proviso may be transferred to any other funding level specified for projects and activities in such table and no transfer of such funding levels may increase or decrease any funding level in such table by more than 10 percent:research, engineering, and development
Transfer authority.
That not to exceed 10 percent of any funding level specified under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) may be transferred to any other funding level specified under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):grants-in-aid for airports
Request for proposals.
That in addition to airports eligible under section 41743 of title 49, United States Code, such program may include the participation of an airport that serves a community or consortium that is not larger than a small hub airport, according to FAA hub classifications effective at the time the Office of the Secretary issues a request for proposals.grants-in-aid for airports
Determination.
That the Secretary may make discretionary grants to primary airports for airport-owned infrastructure required for the on-airport distribution, blending, or storage of sustainable aviation fuels that achieve at least a 50 percent reduction in lifecycle greenhouse gas emissions, using a methodology determined by the Secretary, including, but not limited to, on-airport construction or expansion of pipelines, rail lines and spurs, loading and off-loading facilities, blending facilities, and storage tanks:administrative provisions—federal aviation administration
Sec. 110.Reimbursement.
Fees.
Reports.
Advance notice.
New Jersey.
Determination.
Reprogramming request.
Reimbursement.
Time periods.
Reimbursement.
President.
Audit.
That no funds shall be obligated or distributed to airport sponsors that do not provide gateway operations and providers of general aviation ground support services until an independent audit is completed:Federal Highway Administration
limitation on administrative expenses
federal-aid highways
23 USC 104 note.
available for the implementation or execution of authorized Federal-aid highway and highway safety construction programs shall not exceed total obligations of $58,764,510,674 for fiscal year 2023:(liquidation of contract authorization)
highway infrastructure programs
Applicability.
That, except for funds made available under this heading for the Northern Border Regional Commission and the 136 STAT. 5110 Denali Commission, section 11101(e) of Public Law 117–58 shall apply to funds made available under this heading:Definition.
That for the purposes of funds made available under this paragraph, the term “Apportionments.
That the Secretary shall adjust apportionments made under the preceding proviso so that no Appalachian State shall be apportioned an amount in excess of 30 percent of the amount made available for construction of the Appalachian Development Highway System under this heading:Consultation.
Apportionment.
That except as otherwise provided under such section or this heading, the funds made available under this paragraph shall be administered as if apportioned under chapter 1 of title 23, United States Code:Definitions.
That, for the purposes of funds made available under this paragraph, the term “Distribution.
That, after making the reservations under the preceding proviso, the Secretary shall distribute the remaining funds made available under this paragraph to each qualifying State by the proportion that the percentage of total deck area of bridges classified as in poor condition in such qualifying State bears to the sum of the percentages of total deck area of bridges classified as in poor condition in all qualifying States:Calculation.
That for purposes of this paragraph, the Secretary shall calculate the percentages of total deck area of bridges (including the percentages of total deck area classified as in poor condition) and the percentages of total bridge counts (including the percentages of total bridges classified as in poor condition) based on the National Bridge Inventory as of December 31, 2018:Apportionment.
That, except as otherwise provided under this heading, the funds made available under this paragraph shall be administered as if apportioned under chapter 1 of title 23, United States Code;Apportionment.
That, except as otherwise provided under this heading, the funds made available under this paragraph shall be administered as if apportioned under 136 STAT. 5113 chapter 1 of title 23, United States Code:Applicability.
That for purposes of applying the set-asides under section 176(d)(5)(H)(ii) and (iii) of such title, amounts made available under this paragraph for competitive awards for activities eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of such title shall be included in the calculation of the amounts made available to carry out section 176(d) of such title for fiscal year 2023:administrative provisions—federal highway administration
Sec. 120.23 USC 104 note.
Determination.
Distribution.
Applicability.
Distribution.
Exceptions From Obligation Limitation.—
Time period.
Time period.
Time period.
Effective date.
Redistribution of Unused Obligation Authority.—
Revision.
Applicability of Obligation Limitations to Transportation Research Programs.—
In general.—
Exception.—
Time period.
Redistribution of Certain Authorized Funds.—
Deadline.
In general.—
Determination.
Ratio.—
Availability.—
Reimbursement.
Deadline.
Waivers.
Public information.
Notice.
23 USC 313 note.
Web posting.
Grants.
Deadline.
Notifications.
Evaluation.
Notification.
Reports.
That the Department of Transportation for the State or territory for which the earmarked amount was originally designated or directed notifies the Secretary of its intent to use its authority under this section and submits an annual report to the Secretary identifying the projects to which the funding would be applied.Time period.
Notwithstanding the original period of availability of funds to be obligated under this section, such funds and associated obligation limitation shall remain available for obligation for a period of 3 fiscal years after the fiscal year in which the Secretary is notified. The Federal share of the cost of a project carried out with funds made available under this section shall be the same as associated with the earmark.Definition.
Time period.
Effective date.
Applicability.
Certifications.
Reports.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
motor carrier safety grants
administrative provisions—federal motor carrier safety administration
Sec. 130.Notice.
Mail.
Update.
Regulations.
49 USC 31142 note.
National Highway Traffic Safety Administration
operations and research
operations and research
highway traffic safety grants
Notification.
Deadline.
the Administrator shall notify the House and Senate Committees on Appropriations of any exercise of the authority granted under the preceding proviso or under section 405(a)(8) of title 23, United States Code, within 5 days.administrative provisions—national highway traffic safety administration
Sec. 140.49 USC 30111 note.
Short Title.—
Federal Railroad Administration
safety and operations
railroad research and development
federal-state partnership for intercity passenger rail
consolidated rail infrastructure and safety improvements
Distribution.
That any remaining funds available after the distribution of the Community Project Funding/Congressionally Directed Spending described in this paragraph shall be available to the Secretary to distribute as discretionary grants under this heading; andTime period.
That unobligated balances remaining after 6 years from the date of enactment of this 136 STAT. 5123 Act may be used for any eligible project under section 22907(c) of title 49, United States Code:northeast corridor grants to the national railroad passenger corporation
national network grants to the national railroad passenger corporation
administrative provisions—federal railroad administration
(including rescission)
135 Stat. 1437.
Overtime.
Amtrak.
Waiver authority.
Determination.
That the President of Amtrak may waive the cap set in the preceding proviso for specific employees when the President of Amtrak determines such a cap poses a risk to the safety and operational efficiency of the system:Reports.
Summary.
Time period.
That the President of Amtrak shall report to the House and Senate Committees on Appropriations no later than 60 days after the date of enactment of this Act, a summary of all overtime payments incurred by Amtrak for 2022 and the 3 prior calendar years:Staffing.—
Authorization of appropriations.—
Determination.
That sponsors of projects eligible for funds made available under this heading in this section shall provide sufficient written justification describing, at a minimum, the current project cost estimate, why the project cannot be completed with the obligated grant amount, and any other relevant information, as determined by the Secretary:Allocation.
That funds made available under this section shall be allocated to projects eligible to receive funding under this section in order of the date the grants were obligated:Deadline.
That the Federal Railroad Administration shall provide the amounts allocated to projects under this section no later than 90 days after the date the sufficient written justifications required under this section have been submitted.Federal Transit Administration
transit formula grants
transit infrastructure grants
Applicability.
Approval.
unless otherwise specified, applicable requirements under chapter 53 of title 49, United States Code, shall apply to amounts made available in this paragraph, except that the Federal share of the costs for a project in this paragraph shall be in an amount equal to 80 percent of the net costs of the project, unless the Secretary approves a higher maximum Federal share of the net costs of the project consistent with administration of similar projects funded under chapter 53 of title 49, United States Code;Evaluation.
That the Secretary shall evaluate the potential for software developed with grants or cooperative agreements to be shared for use by public transportation agencies;technical assistance and training
capital investment grants
Continuation.
That the Secretary shall continue to administer the capital investment grants program in accordance with the procedural and substantive requirements of section 5309 of title 49, United States Code, and of section 3005(b) of the Fixing America’s Surface Transportation Act:Reports.
upon submission to the Congress of the fiscal year 2024 President’s budget, the Secretary of Transportation shall transmit to Congress the annual report on capital investment grants, including proposed allocations for fiscal year 2024.grants to the washington metropolitan area transit authority
Determination.
That the Secretary of Transportation shall approve grants for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving and reviewing a request for each specific project:administrative provisions—federal transit administration
Deadline.
Transfer authority.
Allocations.
allocations shall be made only to recipients—Time period.
Distribution.
That the Secretary shall proportionally distribute funds in excess of such 15 percent to recipients for which the percent of funds does not exceed 15 percent:Allocation.
Deadline.
That the Federal Transit Administration shall allocate amounts under this section no later than 30 days after the date of enactment of this Act.Great Lakes St. Lawrence Seaway Development Corporation
Contracts.
Great Lakes St. Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs set forth in the Corporation’s budget for the current fiscal year.operations and maintenance
Maritime Administration
maritime security program
cable security fleet
tanker security program
operations and training
Reports.
Sexual assault and harassment.
That the Administrator of the Maritime Administration shall transmit to the House and Senate Committees on Appropriations the annual report on sexual assault and sexual harassment at the United States Merchant Marine Academy as required pursuant to section 3510 of the National Defense Authorization Act for fiscal year 2017 (46 U.S.C. 51318):state maritime academy operations
Determination.
Determination.
Reimbursement.
That such funds may be used to reimburse State Maritime Academies for costs incurred prior to the date of enactment of this Act.assistance to small shipyards
ship disposal
maritime guaranteed loan (title xi) program account
port infrastructure development program
Applicability.
That the requirements under section 3501(a)(12) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) shall apply to amounts made available under this heading in this Act:administrative provision—maritime administration
Sec. 170.Pipeline and Hazardous Materials Safety Administration
operational expenses
hazardous materials safety
pipeline safety
Requirements.
Notifications.
Deadline.
That any amounts made available under this heading in this Act or in prior Acts for research contracts, grants, cooperative agreements or research other transactions agreements (“OTAs”) shall require written notification to the House and Senate Committees on Appropriations not less than 3 full business days before such research contracts, grants, cooperative agreements, or research OTAs are announced by the Department of Transportation:Reports.
That the Secretary shall transmit to the House and Senate Committees on Appropriations the report on pipeline safety testing enhancement as required pursuant to section 105 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (division R of Public Law 116–260):Research plan.
Approvals.
emergency preparedness grants
Office of Inspector General
salaries and expenses
General Provisions—Department of Transportation
Loans.
Contracts.
Grants.
Notifications.
Deadline.
List.
That the Secretary of Transportation shall provide the House and Senate Committees on Appropriations with a comprehensive list of all such loans, loan guarantees, lines of credit, letters of intent, federally funded cooperative agreements, full funding grant agreements, and discretionary grants prior to the notification required under the preceding proviso:Notifications.
That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any “quick release” of funds from the emergency relief program:Reprogramming notice.
Approvals.
Deadline.
That the Secretary of Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogramming but not sooner than 30 days after the date on which the reprogramming action has been approved or denied by the House and Senate Committees on Appropriations.Contracts.
Certification.
Coordination.
Contracts.
Updates.
This title may be cited as the “
Department of Housing and Urban Development Appropriations Act, 2022.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
administrative support offices
Time period.
Notification.
Reports.
That the Secretary shall provide the House and Senate Committees on Appropriations quarterly written notification regarding the status of pending congressional reports:Reports.
That the Secretary shall provide in electronic form all signed reports required by Congress.program offices
working capital fund
Determination.
That upon a determination by the Secretary that any other service (or portion thereof) authorized under this heading shall be provided through the Fund, amounts made available in this title for salaries and expenses under the headings “Executive Offices”, “Administrative Support Offices”, “Program Offices”, and “Government National Mortgage Association”, for such services shall be transferred to the Fund, to remain available until expended:Advance notice.
That the Secretary shall notify the House and Senate Committees on Appropriations of its plans for executing such transfers at least 15 days in advance of such transfers.Public and Indian Housing
tenant-based rental assistanceVouchers.
Determinations.
Notice.
Federal Register, publication.
That notwithstanding any other provision of law, from amounts provided under this paragraph and any carryover, the Secretary for the calendar year 2023 funding cycle shall provide renewal funding for each public housing agency based on validated voucher management system (VMS) leasing and cost data for the prior calendar year and by applying an inflation factor as established by the Secretary, by notice published in the Federal Register, and by making any necessary adjustments for the costs associated with the first-time renewal of vouchers under this paragraph including tenant protection and Choice Neighborhoods vouchers:Notification.
Deadlines.
That except as provided in the following provisos, the entire amount specified under this paragraph (except as otherwise modified under this paragraph) shall be obligated to the public housing agencies based on the allocation and pro rata method described above, and the Secretary shall notify public housing agencies of their annual budget by the latter of 60 days after enactment of this Act or March 1, 2023:Extension.
Advance approval.
Time period.
Allocation.
That the Secretary shall allocate amounts under the preceding proviso based on need, as determined by the Secretary;Notice.
That any tenant protection voucher made available from amounts under this paragraph shall not be reissued by any public housing agency, except the replacement vouchers as defined by the Secretary by notice, when the initial family that received any such voucher no longer receives such voucher, and the authority for any public housing agency to issue any such voucher shall cease to exist:Time period.
That the Secretary may only provide replacement vouchers for units that were occupied within the previous 24 months 136 STAT. 5144 that cease to be available as assisted housing, subject only to the availability of funds;Allocation.
That the Secretary shall allocate amounts under the preceding proviso based on need, as determined by the Secretary:Grants.
such amount shall be made available for renewal grants to recipients that received assistance under prior Acts under the Tribal HUD–VASH program:Criteria.
Data.
That the Secretary shall be authorized to specify criteria for renewal grants, including data on the utilization of assistance reported by grant recipients:Waiver authority.
Requirements.
That the Secretary shall be authorized to waive, or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such assistance:Reports.
Data.
That grant recipients shall report to the Secretary on utilization of such rental assistance and other program data, as prescribed by the Secretary:Reallocation.
Determination.
That the Secretary may reallocate, as determined by the Secretary, amounts returned or recaptured from awards under the Tribal HUD–VASH program under prior Acts to existing recipients under the Tribal HUD–VASH program;Waiver authority.
Requirements.
That the Secretary of Housing and Urban Development may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs), any provision of any statute or regulation 136 STAT. 5146 that the Secretary of Housing and Urban Development administers in connection with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance:Continuation.
Veterans.
assistance made available under this paragraph shall continue to remain available for homeless veterans upon turn-over:Continuations.
the amounts made available under this paragraph are provided as follows:Review.
That the Secretary shall review utilization of the assistance made available under the preceding proviso, at an interval to be determined by the Secretary, and unutilized voucher assistance that is no longer needed shall be recaptured by the Secretary and reallocated pursuant to the preceding proviso:Notification.
Reallocation.
That for any public housing agency administering voucher assistance appropriated in a prior Act under the family unification program, or made available and competitively selected under this paragraph, that determines that it no longer has an identified need for such assistance upon turnover, such agency shall notify the Secretary, and the Secretary shall recapture such assistance from the agency and reallocate it to any other public housing agency or agencies based on need for voucher assistance in connection with such specified program or eligible youth, as applicable;housing certificate fund
public housing fund
Allocation.
Determination.
Distribution.
That after all such shortfall needs are met, the Secretary may distribute any remaining funds to all public housing agencies on a pro-rata basis pursuant to such Operating Fund formula;136 STAT. 5148Waiver authority.
the Secretary may waive the limitation in the preceding proviso to allow public housing agencies to fund activities authorized under section 9(e)(1)(C) of the Act:Notification.
Deadline.
That the Secretary shall notify public housing agencies requesting waivers under the preceding proviso if the request is approved or denied within 14 days of submitting the request:Bonus awards.
That from the funds made available under this paragraph, the Secretary shall provide bonus awards in fiscal year 2023 to public housing agencies that are designated high performers:Notification.
Deadline.
That the Department shall notify public housing agencies of their formula allocation within 60 days of enactment of this Act;Effective date.
Allocation.
in addition to the amount in the preceding proviso for such safety and security measures, any amounts that remain available, after all applications received on or before September 30, 2024, for emergency capital needs have been processed, shall be allocated to public housing agencies for such safety and security measures;Evaluation.
Evaluation.
That not less than $25,000,000 of the amounts provided under this paragraph shall be awarded for evaluating and reducing lead-based paint hazards:Definition.
That for purposes of such section 9(j), the term “choice neighborhoods initiative
Determination.
Time period.
That grantees shall commit to an additional period of affordability determined by the Secretary of not fewer than 20 years:Regulations.
That for purposes of environmental review, a grantee shall be treated as a public housing agency under section 26 of the United States Housing Act of 1937 (42 U.S.C. 1437x), and grants made with amounts available under this heading shall be subject to the regulations issued by the Secretary to implement such section:Consultation.
Coordination.
That the Secretary shall consult with the Secretaries of Education, Labor, Transportation, Health and Human Services, Agriculture, and Commerce, the Attorney General, and the Administrator of the Environmental Protection Agency to coordinate and leverage other appropriate Federal resources:Grants.
Deadline.
Determination.
That the Secretary shall make grant awards not later than 1 year after the date of enactment of this Act in such amounts that the Secretary determines:self-sufficiency programs
Grants.
That funding provided under this paragraph shall be available for competitive grants to partnerships between public housing 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:Waivers.
Requirements.
That the Secretary may allow public housing agencies to request exemptions from rent and income limitation requirements under sections 3 and 6 of the United States Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to implement the Jobs-Plus program, on such terms and conditions as the Secretary may approve upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective implementation of the Jobs-Plus Initiative as a voluntary program for residents:Notice.
Federal Register, publication.
Waivers.
Deadline.
That the Secretary shall publish by notice in the Federal Register any waivers or alternative requirements pursuant to the preceding proviso no later than 10 days before the effective date of such notice.native american programs
Determination.
Applicability.
That, notwithstanding NAHASDA, to determine the amount of the allocation under title I of such Act for each Indian tribe, the Secretary shall apply the formula under section 302 of such Act with the need component based on single-race census data and with the need component based on multi-race census data, and the amount of the allocation for each Indian tribe shall be the greater of the two resulting allocation amounts:Notification.
Deadline.
That the Secretary shall notify grantees of their formula allocation not later than 60 days after the date of enactment of this Act;Determination.
That amounts made available in this paragraph may be used, contracted, or competed as determined by the Secretary:Contracts.
That notwithstanding chapter 63 of title 31, United States Code (commonly known as the Federal Grant and Cooperative Agreements Act of 1977), the amounts made available in this paragraph may be used by the Secretary to enter into cooperative agreements with public and private organizations, agencies, institutions, and other technical assistance providers to support the administration of negotiated rulemaking under section 106 of NAHASDA (25 U.S.C. 4116), the administration of the allocation formula under section 302 of NAHASDA (25 U.S.C. 4152), and the administration of performance tracking and reporting under section 407 of NAHASDA (25 U.S.C. 4167).136 STAT. 5153indian housing loan guarantee fund program account
native hawaiian housing block grant
native hawaiian housing loan guarantee fund program account
Community Planning and Development
housing opportunities for persons with aids
Contracts.
carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity 136 STAT. 5154 Act (42 U.S.C. 12901 et seq.), $499,000,000, to remain available until September 30, 2024, except that amounts allocated pursuant to section 854(c)(5) of such Act shall remain available until September 30, 2025:Notice.
That the process for submitting amendments and approving replacement contracts shall be established by the Secretary in a notice:Notification.
Deadline.
That the Department shall notify grantees of their formula allocation within 60 days of enactment of this Act.community development fund
Grants.
That not to exceed 20 percent of any grant made with funds made available under this paragraph shall be expended for planning and management development and administration:Evaluation.
That notwithstanding section 105(e)(1) of the Act, no funds made available under this paragraph may be provided to a for-profit entity for an economic development project under section 105(a)(17) unless such project has been evaluated and selected in accordance with guidelines required under subsection (e)(2) of section 105;Waiver authority.
in administering such amounts the Secretary may waive or specify alternative requirements for any provision of such title I except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and requirements that activities benefit persons of low- and moderate-income, upon a finding that any such waivers or alternative requirements are necessary to expedite or facilitate the use of such amounts;Allocation.
That the Secretary shall allocate the funds for such activities based on the notice establishing the funding formula published in 84 FR 16027 (April 17, 2019) except that the formula shall use age-adjusted rates of drug overdose deaths for 2020 based on data from the Centers for Disease Control and Prevention; andGrants.
Reimbursement.
That such grants for the EDI shall be available for reimbursement of otherwise eligible expenses incurred on or after the date of enactment of this Act and prior to the date of grant execution:Grants.
Reimbursement.
That grants for the EDI authorized under this heading in the Department of Housing and Urban Development Appropriations Act, 2022 (Public Law 117–103) shall also be available for reimbursement of otherwise eligible expenses (including those eligible expenses identified in the first proviso of this paragraph) incurred on or after the date of enactment of such Act and prior to the date of grant execution, and shall not be subject to the second proviso under such heading in such Act:Notification.
Deadline.
, That for amounts made available under paragraphs (1) and (3), the Secretary shall notify grantees of their formula allocation within 60 days of enactment of this Act.community development loan guarantees program account
Fees.
That the Secretary shall collect fees from borrowers, notwithstanding subsection (m) of such section 108, to result in a credit subsidy cost of zero for guaranteeing such loans, and any such fees shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974:Distribution.
That any State receiving such a guarantee or commitment under the preceding proviso shall distribute all funds subject to such guarantee to the units of general local government in non-entitlement areas that received the commitment.home investment partnerships program
Notification.
Deadline.
That the Department shall notify grantees of their formula allocations within 60 days after enactment of this Act:Time period.
That section 218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with respect to the right of a jurisdiction to draw funds from its HOME Investment Trust Fund that otherwise expired or would expire in any calendar year from 2016 through 2025 under that section:Time period.
That section 231(b) of such Act (42 U.S.C. 12771(b)) shall not apply to any uninvested funds that otherwise were deducted or would be deducted from the line of credit in the participating jurisdiction’s HOME Investment Trust Fund in any calendar year from 2018 through 2025 under that section.preservation and reinvestment initiative for community enhancement
State and local governments.
Native Americans.
That recipients of grants provided with amounts made available under this heading shall be States, units of general local government, resident-owned manufactured housing communities, cooperatives, nonprofit entities including consortia of nonprofit entities, community development financial institutions, Indian Tribes (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 136 STAT. 5157 U.S.C. 4103)), or other entities approved by the Secretary:Native Americans.
That the Secretary may reserve an amount for Indian Tribes within such competition:Determination.
That, except as determined by the Secretary, participation in this program shall not encumber the future transfer of title or use of property by the residents, owners, or communities:Determination.
Requirement.
That the Secretary shall require each grantee under the pilot program to supplement the amount of the grant with non-Federal amounts exceeding 50 percent of the grant:Definition.
That resiliency activities means the reconstruction, repair, or replacement of manufactured housing and manufactured housing communities to protect the health and safety of manufactured housing residents and to address weatherization and energy efficiency needs, except that for pre-1976 mobile homes, funds made available under this heading may be used only for replacement:Waiver authority.
That the Secretary may waive or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the use of amounts made available under this heading (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such waiver or alternative requirement is necessary to facilitate the use of such amounts.self-help and assisted homeownership opportunity program
Deadlines.
That the issuance of a Notice of Funding Opportunity for the amounts made available in this paragraph shall be completed not later than 120 days after enactment of this Act and such amounts shall be awarded not later than 180 days after such issuance.homeless assistance grants
Notification.
Deadline.
That the Department shall notify grantees of their formula allocation from amounts allocated (which may represent initial or final amounts allocated) for the Emergency Solutions Grant program not later than 60 days after enactment of this Act;Notification.
That the Secretary may establish by notice an alternative maximum amount for administrative costs related to the requirements described in sections 402(f)(1) and 402(f)(2) of subtitle A of such title IV or no more than 5 percent or $50,000, whichever is greater, notwithstanding the 3 percent limitation in section 423(a)(10) of such subtitle C:Determination.
That of the amounts made available for the Continuum of Care program under this paragraph, not less than $52,000,000 shall be for grants for new rapid re-housing projects and supportive service projects providing coordinated entry, and for eligible activities that the Secretary determines to be critical in order to assist survivors of domestic violence, dating violence, sexual assault, or stalking:Grants.
made available for the Continuum of Care program under this paragraph and any remaining unobligated balances under this heading in prior Acts may be used to competitively or non-competitively renew or replace grants for youth homeless demonstration projects under the Continuum of Care program, notwithstanding any conflict with the requirements of the Continuum of Care program;Contracts.
Determination.
That notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301–6308), the amounts made available under this paragraph and any remaining unobligated balances under this heading for such purposes in prior Acts may be used by the Secretary to enter into cooperative agreements with such entities as may be determined by the Secretary, including public and private organizations, agencies, and institutions;Determination.
amounts shall be awarded on a competitive basis, based on need and other factors to be determined by the Secretary, including incentives to establish projects that coordinate with housing providers, healthcare organizations and social service providers:Grants.
the grants for ongoing costs associated with such projects shall be eligible for renewal under the Continuum of Care program subject to the same terms and conditions as other renewal applicants:Children, youth, and families.
That youth aged 24 and under seeking assistance under this heading shall not be required to provide third party documentation to establish their eligibility under subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) to receive services:Determination.
That none of the funds made available under this heading shall be available to provide funding for new projects, except for projects created through reallocation, unless the Secretary determines that the continuum of care has demonstrated that projects are evaluated and ranked based on the degree to which they improve the continuum of care’s system performance:Time periods.
That any unobligated amounts remaining from funds made available under this heading in fiscal year 2012 and prior years for project-based rental assistance for rehabilitation projects with 10-year grant terms may be used for purposes under this heading, notwithstanding the purposes for which such funds were appropriated:Housing Programs
project-based rental assistanceContracts.
Determination.
That, notwithstanding any other provision of law, upon the request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 8 project-based Housing Assistance Payments contract that authorizes the Department or a housing finance agency to require that surplus project funds be 136 STAT. 5162 deposited in an interest-bearing residual receipts account and that are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to be available until expended:housing for the elderly
Deadline.
That any funding for existing service coordinators under the preceding proviso shall be provided within 120 days of enactment of this Act:Waiver authority.
Time period.
further, That the Secretary may waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration:Determination.
That upon request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 202 project rental assistance contract, and that upon termination of such contract are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to remain available until September 30, 2026:Waiver authority.
That for the purposes of the preceding proviso the Secretary may waive, or specify alternative requirements for, any provision of section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) in order to facilitate the development of 136 STAT. 5163 such units, except for requirements related to fair housing, nondiscrimination, labor standards, and the environment:housing for persons with disabilities
Determination.
upon the request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 811 project rental assistance contract, and that upon termination of such contract are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to remain available until September 30, 2026:housing counseling assistance
Contracts.
That for purposes of awarding grants from amounts provided under this heading, the Secretary may enter into multiyear agreements, as appropriate, subject to the availability of annual appropriations.payment to manufactured housing fees trust fund
Fees.
That for the dispute resolution and installation programs, the Secretary may assess and collect fees from any program participant:Federal Housing Administration
mutual mortgage insurance program account
Effective date.
That to the extent guaranteed loan commitments exceed $200,000,000,000 on or before April 1, 2023, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000:general and special risk program account
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
Effective date.
That to the extent that guaranteed loan commitments exceed $155,000,000,000 on or before April 1, 2023, an additional $100 for necessary salaries and expenses shall be available until expended for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $3,000,000:Fees.
That receipts from Commitment and Multiclass fees collected pursuant to title III of the National Housing Act (12 U.S.C. 1716 et seq.) shall be credited as offsetting collections to this account.Policy Development and Research
research and technology
Contracts.
That with respect to amounts made available under this heading, notwithstanding section 203 of this title, the Secretary may enter into 136 STAT. 5166 cooperative agreements with philanthropic entities, other Federal agencies, State or local governments and their agencies, Indian Tribes, tribally designated housing entities, or colleges or universities for research projects:Matching contribution.
That with respect to the preceding proviso, such partners to the cooperative agreements shall contribute at least a 50 percent match toward the cost of the project:Compliance.
That for non-competitive agreements entered into in accordance with the preceding two provisos, the Secretary shall comply with section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282, 31 U.S.C. note) in lieu of compliance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of award decisions:Plan.
Allocation.
Deadline.
That prior to obligation of technical assistance funding, the Secretary shall submit a plan to the House and Senate Committees on Appropriations on how the Secretary will allocate funding for this activity at least 30 days prior to obligation:Urban and rural areas.
That the Secretary shall ensure, to the extent practicable, that the proportion of eligible tenants living in rural areas who will receive legal assistance with grant funds made available under this heading is not less than the overall proportion of eligible tenants who live in rural areas.Fair Housing and Equal Opportunity
fair housing activities
Fees.
notwithstanding section 3302 of title 31, United States Code, the Secretary may assess and collect fees to cover the costs of the Fair Housing Training Academy, and may use such funds to develop on-line courses and provide such training:Lobbying.
funds made available under this heading may be used to lobby the executive or legislative branches of the Federal Government in connection with a specific contract, grant, or loan:Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
Certification.
Notice.
That each applicant for a grant or cooperative agreement under this heading shall certify adequate capacity that is acceptable to the Secretary to carry out the proposed use of funds pursuant to a notice of funding opportunity:Information Technology Fund
Plan.
That not more than 10 percent of the funds made available under this heading for development, modernization, and enhancement may be obligated until the Secretary submits and the House and Senate Committees on Appropriations approve a plan that—Certification.
certification from the Chief Information Officer that each project is compliant with the Department’s enterprise architecture, life-cycle management and capital planning and investment control requirements:Reports.
Summaries.
That not later than 30 days after the end of each quarter, the Secretary shall submit an updated report to the Committees on Appropriations of the House of Representatives and the Senate summarizing the status, cost and plan for all modernization projects; and for each major modernization project with an approved project plan, identifying—Office of Inspector General
General Provisions—Department of Housing and Urban Development
(including rescission)
Sec. 201.Reports.
Budget.
Time period.
Phased Transfers.—
Number and bedroom size of units.—
Determination.
For unoccupied units in the transferring project: The Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided there is no increase in the project-based assistance budget authority.Determination.
Standards.
Notification.
Consultation.
Certification.
Determination.
The Secretary determines that this transfer is in the best interest of the tenants.Waiver authority.
Determination.
If either the transferring project or the receiving project or projects meets the condition specified in subsection (d)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is 136 STAT. 5172 necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects.Records.
Definitions.
For purposes of this section—Evaluation.
Research Report.—
Determination.
For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts received for tuition and any other required fees and charges) that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except for a person over the age of 23 with dependent children.Allocation.
Eligibility.
Determination.
Contracts.
To the extent the Secretary determines, in consultation with the tenants and the local government that such a multifamily property owned or having a mortgage held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (in this section “MAHRAA”) (42 U.S.C. 1437f note), and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance.Contracts.
Notification.
The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other available remedies, such as partial abatements or receivership. After disposition of any multifamily property described in this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA.42 USC 1437g note.
Determination.
Notification.
Public information.
Federal Register, publication.
Notices.
42 USC 3545a note.
Web posting.
Determination.
any other provision of law, for fiscal year 2023, the Secretary may make the NOFO available only on the Internet at the appropriate Government website or through other electronic media, as determined by the Secretary.Advance approval.
That no appropriation for any such office under such headings shall be increased or decreased by more than 10 percent or $5,000,000, whichever is less, without prior written approval of the House and Senate Committees on Appropriations:Notification.
Deadline.
That the Secretary shall provide notification to such Committees 3 business days in advance of any such transfers under this section up to 10 percent or $5,000,000, whichever is less.Determination.
Compliance.
Certification.
Deadline.
Requirements.
Applicability.
requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to such units assisted under section 8(o)(13) of such Act (42 U.S.C. 1437f(o)(13)) or to public housing units assisted with capital or operating funds under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g).Deadline.
Notice.
Timetable.
Determination.
Within 15 days of the issuance of the Real Estate Assessment Center (“REAC”) inspection, the Secretary shall provide the owner with a Notice of Default with a specified timetable, determined by the Secretary, for correcting all deficiencies.Records.
The Secretary shall provide a copy of the Notice of Default to the tenants, the local government, any mortgagees, and any contract administrator. If the owner’s appeal results in a UPCS score of 60 or above, the Secretary may withdraw the Notice of Default.136 STAT. 5176Requirement.
Penalties.
Determination.
abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected;Contracts.
Notification.
The Secretary shall take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety after written notice to the affected tenants. ToDetermination.
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—Reports.
Time period.
The report shall include—Recommenda-
tions.
any administrative or legislative recommendations to further improve the living conditions at properties covered under a housing assistance payment contract.Grants.
Notification.
Deadline.
Grants.
Requirements.
Determination.
In order to be eligible to receive a transition grant, the funding recipient must have the consent of the continuum of care and meet standards determined by the Secretary.Time periods.
Determination.
Allocation.
Records.
That all offsets and reallocations from such available balances shall be recorded against funds available for the next applicable formula allocation cycle:Definition.
That the term “Determination.
That if, upon request by a recipient and giving consideration to all Federal resources available to the recipient for the same grant purposes, the Secretary determines that the offset in the next applicable formula allocation cycle would critically impair the recipient’s ability to accomplish the purpose of the formula grant, the Secretary may adjust for the funding error across two or more formula allocation cycles.Contracts.
Time periods.
Rent Adjustments and Subsequent Renewals.—
Determinations.
Notification.
Deadline.
Compliance.
This title may be cited as the “
RELATED AGENCIES
Access Board
salaries and expenses
Federal Maritime Commission
salaries and expenses
National Railroad Passenger Corporation
salaries and expenses
Contracts.
the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, subject to the applicable laws and regulations that govern the obtaining of such services within the National Railroad Passenger Corporation:Budget request.
That concurrent with the President’s budget request for fiscal year 2024, the Inspector General shall submit to the House and Senate Committees on Appropriations a budget request for fiscal year 2024 in similar format and substance to budget requests submitted by executive agencies of the Federal Government.National Transportation Safety Board
salaries and expenses
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
Surface Transportation Board
salaries and expenses
United States Interagency Council on Homelessness
operating expenses
GENERAL PROVISIONS—THIS ACT
Contracts.
Advance approval.
creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations:Reports.
That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year:Applicability.
a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in this Act, the table accompanying the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), accompanying reports of the House and Senate Committee on Appropriations, or in the budget appendix for the respective appropriations, whichever is more detailed, and shall apply to all items for which a dollar amount is specified and to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants and discretionary grant allocations; andAdvance approval.
Expenditure requests.
Compliance.
That a request shall be submitted to the House and Senate Committees on Appropriations for approval prior to the expenditure of such funds:Eminent domain.
Compliance.
Reports.
Definition.
That for purposes of this section the term “Pornography.
None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.Records.
Reports.
Compliance.
Contracts.
Determination.
Deadlines.
Time period.
Certification.
Time period.
This division may be cited as the “
Additional Ukraine Supplemental Appropriations Act, 2023.
ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
DEPARTMENT OF AGRICULTURE
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
food for peace title ii grants
mcgovern-dole international food for education and child nutrition program grants
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
Military Personnel, Navy
Military Personnel, Marine Corps
Military Personnel, Air Force
Military Personnel, Space Force
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
Operation and Maintenance, Navy
Operation and Maintenance, Marine Corps
Operation and Maintenance, Air Force
Operation and Maintenance, Space Force
Operation and Maintenance, Defense-Wide
Contributions.
That the Secretary of Defense may accept and retain contributions, including money, personal property, 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:Notification.
That the Secretary of Defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contributions:Notification.
Deadline.
Secretary of Defense shall notify the congressional defense committees of the details of such transfers not less than 15 days before any such transfer:Determination.
That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back and merged with this appropriation:PROCUREMENT
Missile Procurement, Army
Procurement of Ammunition, Army
Other Procurement, Army
Other Procurement, Air Force
Procurement, Defense-Wide
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
Research, Development, Test and Evaluation, Navy
Research, Development, Test and Evaluation, Air Force
Research, Development, Test and Evaluation, Defense-Wide
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
Office of the Inspector General
RELATED AGENCIES
Intelligence Community Management Account
GENERAL PROVISIONS—THIS TITLE
Reports.
Reports.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Nuclear Energy
ATOMIC ENERGY DEFENSE ACTIVITIES
Defense Nuclear Nonproliferation
GENERAL PROVISION—THIS TITLE
42 USC 6241 note.
amended by42 USC 6241 note.
by42 USC 6241 note.
amended byEXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
National Security Council and Homeland Security Council
salaries and expenses
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
GENERAL PROVISION—THIS TITLE
8 USC 1101 note.
amended byLEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
office of inspector general
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
office of inspector general
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
transition initiatives
economic support fund
assistance for europe, eurasia and central asia
Department of State
migration and refugee assistance
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
nonproliferation, anti-terrorism, demining and related programs
Funds Appropriated to the President
foreign military financing program
GENERAL PROVISIONS—THIS TITLE
Applicability.
Applicability.
Applicability.
Consultation.
Notification.
The exercise of the transfer authorities provided by this section shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.Determination.
Upon a determination that all or part of the funds transferred pursuant to the authorities provided by this section are not necessary for such purposes, such amounts may be transferred back to such appropriations.Reimbursement.
funds shall be provided on a reimbursable 136 STAT. 5199 basis and matched by sources other than the United States Government, to the maximum extent practicable:Consultation.
Certification.
Reports.
That at least 15 days prior to the initial obligation of such funds, the Secretary of State, following consultation with the Administrator of the United States Agency for International Development, shall certify and report to the appropriate congressional committees that mechanisms for monitoring and oversight of such funds are in place and functioning and that the Government of Ukraine has in place substantial safeguards to prevent corruption and ensure accountability of such funds:Reports.
That not less than 45 days after the initial obligation of such funds, the Inspectors General of the Department of State and the United States Agency for International Development shall submit a report to the appropriate congressional committees detailing and assessing the mechanisms for monitoring and safeguards described in the previous proviso.Memorandum.
Funds made available to the Government of Ukraine as a cash transfer under subsection (a) shall be subject to a memorandum of understanding between the governments of the United States and Ukraine that describes how the funds proposed to be made available will be used and the appropriate safeguards to ensure transparency and accountability:Reports.
The Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, shall report to the appropriate congressional committees on the uses of funds provided for direct financial support to the Government of Ukraine pursuant to subsection (a) not later than 45 days after the date of enactment of this Act and every 45 days thereafter until all such funds have been expended:Notifications.
That notifications submitted pursuant to this section shall include for each program notified—(1) total funding made available for such program, by account and fiscal year; (2) funding that remains unobligated for such program; (3) funding that is obligated but unexpended for such program; and (4) funding committed, but not yet notified for such program.Reports.
That not later than 90 days after the date of enactment of this Act, the Inspectors General shall provide a report on oversight plans and initial findings to the appropriate congressional committees.Reports.
Not later than 15 days after any transfers made pursuant to subsection (a), the Attorney General, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit a report describing such transfers to the appropriate congressional committees.Definitions.
In this section:Effective date.
GENERAL PROVISIONS—THIS ACT
This division may be cited as the “
Disaster Relief Supplemental Appropriations Act, 2023.
DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Determination.
an additional amount for “Office of the Secretary”, $3,741,715,000, to remain available until expended, for necessary expenses related to losses of revenue, quality or production losses of crops (including milk, on-farm stored commodities, crops prevented from planting in 2022, and harvested adulterated wine grapes), trees, bushes, and vines, as a consequence of droughts, wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze, including a polar vortex, smoke exposure, and excessive moisture occurring in calendar year 2022 under such terms and conditions as determined by the Secretary:Determination.
the amounts provided under this heading in this Act, the Secretary shall use up to $494,500,000 to provide assistance to producers of livestock, as determined by the Secretary of Agriculture, for losses incurred during calendar year 2022 due to drought or wildfires:Agricultural Research Service
buildings and facilities
Food Safety and Inspection Service
FARM PRODUCTION AND CONSERVATION PROGRAMS
Farm Service Agency
emergency forest restoration program
Natural Resources Conservation Service
watershed and flood prevention operations
RURAL DEVELOPMENT PROGRAMS
Rural Housing Service
rural housing assistance grants
rural community facilities program account
Rural Utilities Service
rural water and waste disposal program account
GENERAL PROVISIONS—THIS TITLE
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
Pursuant to section 703 of the Public Works and Economic Development Act (42 U.S.C. 3233), for an additional amount for 136 STAT. 5204 “Economic Development Assistance Programs” for necessary expenses related to flood mitigation, disaster relief, long-term recovery, and restoration of infrastructure in areas that received a major disaster designation as a result of Hurricanes Ian and Fiona, and of wildfires, flooding, and other natural disasters occurring in calendar years 2021 and 2022 under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $500,000,000, to remain available until expended:
Appointment.
That the Secretary of Commerce is authorized to appoint and fix the compensation of such temporary personnel as may be necessary to implement the requirements under this heading in this Act, without regard to the provisions of title 5, United States Code, governing appointments in competitive service: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
industrial technology services
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for “Operations, Research, and Facilities” for necessary expenses related to the consequences of hurricanes, typhoons, flooding, and wildfires in calendar year 2022, $29,000,000, to remain available until September 30, 2024, for repair and replacement of observing assets, real property, and equipment; for marine debris assessment and removal; and for mapping, charting, and geodesy services.
For an additional amount for “Operations, Research, and Facilities”, $62,000,000, to remain available until September 30, 2024, of which $20,000,000, to remain available until expended, shall be to carry out activities described in title II of division JJ of the Consolidated Appropriations Act, 2023 to support the adoption of innovative fishing gear deployment and fishing techniques to reduce entanglement risk to North Atlantic right whales, including through cooperative agreements pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701).
procurement, acquisition and construction
For an additional amount for “Procurement, Acquisition and Construction” for the acquisition of hurricane hunter aircraft and related expenses as authorized under section 413(a) of the Weather Research and Forecasting Innovation Act of 2017 (Public Law 115–25), $327,701,000, to remain available until expended.
For an additional amount for “Procurement, Acquisition and Construction”, $108,838,000, to remain available until September 30, 2025.
fisheries disaster assistance
DEPARTMENT OF JUSTICE
Federal Prison System
buildings and facilities
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for “Construction and Environmental Compliance and Restoration” for repair and replacement of National 136 STAT. 5206 Aeronautics and Space Administration facilities damaged by Hurricanes Ian and Nicole or scheduled for derating due to deterioration, $189,400,000, to remain available until expended.
For an additional amount for “Construction and Environmental Compliance and Restoration”, $367,000,000, to remain available until September 30, 2028.
National Science Foundation
research and related activities
For an additional amount for “Research and Related Activities” for necessary expenses related to damage to research facilities and scientific equipment in calendar year 2022, including related to the consequences of wildfires, $2,500,000, to remain available until September 30, 2024.
For an additional amount for “Research and Related Activities”, $818,162,000, to remain available until September 30, 2024, of which $210,000,000 shall be to implement the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167).
stem education
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
GENERAL PROVISION—THIS TITLE
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE—MILITARY
Operation and Maintenance, Navy
Operation and Maintenance, Army Reserve
Operation and Maintenance, Army National Guard
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
investigations
Deadline.
Work plan.
List.
That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided under this heading in this Act, including a list of study locations, new studies selected to be initiated, the total cost for all studies, the remaining cost for all ongoing studies, and a schedule by fiscal year of proposed use of such funds:Reports.
That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided under this heading in this Act.construction
For an additional amount for “Construction” for necessary expenses to address emergency situations at Corps of Engineers projects, construct Corps of Engineers projects, and rehabilitate and repair damages caused by natural disasters to Corps of Engineers projects, $261,300,000, to remain available until expended:
Time period.
That using funds provided in this paragraph in this Act, the non-Federal cash contribution for projects eligible for funding pursuant to the first proviso in this paragraph in this Act shall be financed in accordance with the provisions of section 103(k) of Public Law 99–662 over a period of 30 years from the date of completion of the project or separable element:Deadline.
Work plan.
List.
That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act, including a list of project locations, new construction projects selected to be initiated, the total cost for all projects, and a schedule by fiscal year of proposed use of such funds:Reports.
That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of 136 STAT. 5210 the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided in this paragraph in this Act:For an additional amount for “Construction”, $297,200,000, to remain available until expended:
Deadline.
Work plan.
List.
within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act, including a list of project locations, the total cost for all projects, and a schedule by fiscal year of proposed use of such funds:mississippi river and tributaries
Deadline.
Work plan.
within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided under this heading in this Act:Reports.
beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided under this heading in this Act.operation and maintenance
For an additional amount for “Operation and Maintenance” for necessary expenses to dredge Federal navigation projects in response to, and repair damages to Corps of Engineers Federal projects caused by natural disasters, $324,000,000, to remain available until expended:
Deadline.
Work plan.
days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act:Reports.
That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided in this paragraph in this Act.For an additional amount for “Operation and Maintenance”, $52,800,000, to remain available until expended:
Deadline.
Work plan.
List.
That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act, including a list of project locations, the total cost for all projects, and a schedule by fiscal year of proposed use of such funds:flood control and coastal emergencies
Reports.
That beginning not later than 60 days after the enactment of this Act, the Chief of Engineers shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these fund provided under this heading in this Act.expenses
Reports.
beginning not later than 60 days after the enactment of this Act, the Chief of Engineers shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these fund provided under this heading in this Act.DEPARTMENT OF ENERGY
Electricity
Coordination.
That the Department of Energy shall coordinate with the Federal Emergency Management Agency and the Department of Housing and Urban Development on these activities.POWER MARKETING ADMINISTRATIONS
Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration
INDEPENDENT AGENCIES
General Services Administration
real property activities
Reimbursement.
That the amount provided under this heading in this Act may be used to reimburse the Fund for obligations incurred for this purpose prior to the date of the enactment of this Act.Small Business Administration
disaster loans program account
DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Coast Guard
operations and support
procurement, construction, and improvements
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
disaster relief fund
hermit’s peak/calf canyon fire assistance account
Reports.
136 Stat. 2122.
the amounts provided under this heading in this Act shall be subject to the reporting requirement in the third proviso of section 136 of the Continuing Appropriations Act, 2023 (division A of Public Law 117–180).GENERAL PROVISIONS—THIS TITLE
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
construction
National Park Service
construction
United States Geological Survey
surveys, investigations, and research
Indian Affairs
operation of indian programs
construction
Bureau of Indian Education
education construction
Departmental Offices
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:
ENVIRONMENTAL PROTECTION AGENCY
Leaking Underground Storage Tank Trust Fund Program
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:
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.):
Reports.
the agency shall submit an annual report to the Committees on Appropriations until all funds have been obligated, with a status on the use of funds for this effort.For an additional amount for “State and Tribal Assistance Grants”, $450,000,000, to remain available until expended, for capitalization grants under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12):
Determination.
That notwithstanding section 1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated under this paragraph in this Act shall be provided to States or Territories in EPA Region 4 in amounts determined by the Administrator in areas where there the President declared an emergency in August of fiscal year 2022 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.):RELATED AGENCIES
Forest Service
forest and rangeland research
state and private forestry
national forest system
capital improvement and maintenance
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:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
National Institutes of Health
national institute of environmental health sciences
office of the director
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.):
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.
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:Parameters.
That Federal interest provisions will not apply to the renovation or construction of privately-owned family child care homes, and the Secretary shall develop parameters on the use of funds for family child care homes:Time period.
That the Secretary shall not retain Federal interest after a period of 10 years (from the date on which the funds are made available to purchase or improve the property) in any facility renovated or constructed with funds made available under this heading in this Act:children and families services programs
Allocations.
That notwithstanding section 676(b)(8) of the Community Services Block Grant Act, each State, Territory, or tribe receiving funds made available under the preceding proviso may allocate funds to eligible entities based on assessed need:Applicability.
That for services furnished under the CSBG Act with funds appropriated under this heading in this Act, a State, territory or tribe that receives a supplemental grant award may apply the last sentence of section 673(2) of the CSBG Act by substituting “200 percent” for “125 percent”:Time period.
That the Secretary shall not retain Federal 136 STAT. 5222 interest after a period of 10 years (from the date on which the funds are made available to purchase or improve the property) in any facility renovated, repaired, or rebuilt with funds appropriated under this heading in this Act, with the exception of funds appropriated for Head Start programs:Office of the Secretary
public health and social services emergency fund
GENERAL PROVISIONS—THIS TITLE
Appointment.
In General.—
Expiration.—
Deadline.
Operating plan.
Updates.
Submission.
Time period.
That such plans shall be updated, including obligations to date and anticipated use of funds made available in this title, and submitted to the Committees on Appropriations biweekly until all such funds are expended.DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
Deadline.
Expenditure plan.
not later than 60 days after the date of enactment of this Act, the Secretary of the Navy, or their designee, shall submit to the Committees on Appropriations of the House of Representatives and the Senate 136 STAT. 5224 an expenditure plan for funds provided under this heading in this Act:DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
emergency relief program
Federal Transit Administration
public transportation emergency relief program
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
Community Planning and Development
community development fund
Housing Programs
project-based rental assistance
GENERAL PROVISIONS—THIS ACT
This division may be cited as the “
EXTENDERS AND TECHNICAL CORRECTIONS
NATIONAL CYBERSECURITY PROTECTION SYSTEM AUTHORIZATION EXTENSION
EXTENSION OF DHS AUTHORITY AND REPORTING.
NDAA TECHNICAL CORRECTIONS
BASIC NEEDS ALLOWANCE TECHNICAL CORRECTION.
In General.—
37 USC 402b.
202337 USC 402b note.
Effective Date.—
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.
In General.—
10 USC 7448 note.
Applicability.—
10 USC 7448 note.
Effective Date.—
IMMIGRATION EXTENSIONS
Applicability.
8 USC 1324a note.
E-VERIFY.
Applicability.
8 USC 1101 note.
NON-MINISTER RELIGIOUS WORKERS.
8 USC 1184 note.
H–2B SUPPLEMENTAL VISAS EXEMPTION.
Applicability.
8 USC 1182 note.
RURAL HEALTHCARE WORKERS.
ENVIRONMENT AND PUBLIC WORKS MATTERS
ESTABLISHMENT OF REGIONAL COMMISSION FOR THE GREAT LAKES.
Establishment.—
In general.—
Conforming amendment.—
Designation of Region.—
In general.—
40 USC 15734.
Great Lakes Authority
State listing.
region of the Great Lakes Authority shall consist of areas in the watershed of the Great Lakes and the Great Lakes System (as such terms are defined in section 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3))), in each of the following States:Clerical amendment.—
40 USC prec. 15701.
REAUTHORIZATION OF NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER SERVICES, COMMUNITY PARTNERSHIP, AND REFUGE EDUCATION PROGRAMS.
PATRICK LEAHY LAKE CHAMPLAIN BASIN PROGRAM.
In General.—
Time period.
Authorization of Appropriations.—
Conforming Amendment.—
33 USC 1270 note.
References.—
CLEAN SCHOOL BUS PROGRAM.
Time period.
in subsection (b)(5)(A), bySAFETY ENHANCEMENTS
AMENDMENTS TO THE FLIGHT CREW ALERTING REQUIREMENTS.
In General.—
49 USC 44744.
Flight crew alerting
Effective date.
In General.—
Limitation.—
Safety Enhancements.—
Restriction on airworthiness certificate issuance.—
Effective date.
Beginning on the date that is 1 year after the date on which the Administrator issues a type certificate for the Boeing 737-10, the Administrator may not issue an original airworthiness certificate for any Boeing 737 MAX aircraft unless the Administrator finds that the type design for the aircraft includes safety enhancements that have been approved by the Administrator.Effective date.
Restriction on operation.—
Definitions.—
Boeing 737 max aircraft.—
Safety enhancement.—
Repeal of ACSAA Section 116(b)(1).—
Effective date.
Prohibition.—
49 USC 44744 note.
Costs.—
Deadlines.
49 USC 44744 note.
Congressional Briefings.—
Clerical Amendment.—
49 USC prec. 44701.
EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES
EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES.
134 Stat. 103; 135 Stat. 264, 380, 1504; 136 Stat. 17, 33, 801.
FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING INTEGRITY AND SAFETY AUTHORITY
FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING INTEGRITY AND SAFETY AUTHORITY.
Amendment by Commission of Rules of Authority.—
United States Parole Commission Additional Extension
Act of 2022.
UNITED STATES PAROLE COMMISSION EXTENSION
UNITED STATES PAROLE COMMISSION EXTENSION.
18 USC 1 note.
Short Title.—
18 USC 3551 note.
Amendment of Sentencing Reform Act of 1984.—
Effective Date.—
18 USC 3551 note.
Superseded Provision.—
EXTENSION OF FCC AUCTION AUTHORITY
EXTENSION OF FCC AUCTION AUTHORITY.
BUDGETARY EFFECTS
BUDGETARY EFFECTS.
Statutory Paygo Scorecards.—
Senate Paygo Scorecards.—
Classification of Budgetary Effects.—
Balances on the PAYGO Scorecards.—
Fiscal year 2023.—
Fiscal year 2024.—
Electoral Count Reform and Presidential Transition Improvement
Act of 2022.
ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION IMPROVEMENT
3 USC 1 note.
SHORT TITLE, ETC.
Electoral Count Reform
Act of 2022.
ELECTORAL COUNT REFORM ACT
3 USC 1 note.
SHORT TITLE.
TIME FOR APPOINTING ELECTORS.
In General.—
3 USC 1.
Time of appointing electors
Election Day.—
Definition.
Conforming Amendment.—
3 USC prec. 1.
CLARIFICATION WITH RESPECT TO VACANCIES IN ELECTORAL COLLEGE.
CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF ELECTORS.
Determination.—
Certificate of ascertainment of appointment of electors
In General.—
Deadline.
Certification.—
Form of certificate.—
Transmission.—
Treatment of Certificate as Conclusive.—
In general.—
Certificate issued by executive.—
Certificates issued pursuant to court orders.—
Determination of federal questions.—
Venue and Expedited Procedure.—
In general.—
Venue.—
3-judge panel.—
Expedited procedure.—
Appeals.—
Rule of construction.—
Executive of a State.—
Definition.
‘executive’ means, with respect to any State, the Governor of the State (or, in the case of the District of Columbia, the Mayor of the District of Columbia), except when the laws or constitution of a State in effect as of election day expressly require a different State executive to perform the duties identified under this chapter.”Conforming Amendments.—
3 USC prec. 1.
amended byDUTIES OF THE ARCHIVIST.
In General.—
Duties of Archivist
Conforming Amendment.—
3 USC prec. 1.
MEETING OF ELECTORS.
Time for Meeting.—
Clarification on Sealing of Certificates of Votes.—
TRANSMISSION OF CERTIFICATES OF VOTES.
In General.—
Transmission of certificates by electors
Conforming Amendment.—
3 USC prec. 1.
amended byFAILURE OF CERTIFICATE OF VOTES TO REACH RECIPIENTS.
In General.—
Continued Failure.—
Elimination of Messenger’s Penalty.—
In general.—
Conforming amendment.—
3 USC prec. 1.
,CLARIFICATIONS RELATING TO COUNTING ELECTORAL VOTES.
In General.—
Counting electoral votes in Congress
In General.—
Powers of the President of Senate.—
Ministerial in nature.—
Powers explicitly denied.—
Appointment of Tellers.—
Procedure at Joint Session Generally.—
In general.—
Action on certificate.—
In general.—
Requirements for objections or questions.—
Objections.—
Grounds for objections.—
Consideration of objections and questions.—
In general.—
Determination.—
Reconvening.—
Rules for Tabulating Votes.—
Counting of votes.—
In general.—
Exception.—
Determination of majority.—
List of votes by tellers; declaration of winner.—
Conforming Amendment.—
3 USC prec. 1.
RULES RELATING TO JOINT SESSION.
Limit of Debate in Each House.—
Same; limit of debate in each House
Parliamentary Procedure.—
Conforming Amendments.—
3 USC prec. 1.
SEVERABILITY.
In General.—
3 USC 22.
Severability
Conforming Amendment.—
3 USC prec. 1.
Presidential Transition Improvement Act.
PRESIDENTIAL TRANSITION IMPROVEMENT ACT
3 USC 1 note.
SHORT TITLE.
MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 1963.
In General.—
Apparent Successful Candidates.—
Determinations.
In general.—
Effective date.
If, on the date that is 5 days after the date of the election, more than one eligible candidate for the office of President has not conceded the election, then each of the remaining eligible candidates for such office and the office of Vice President who have not conceded shall be treated as the apparent successful candidates until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iii) or clause (iv).Effective date.
Determination.
Interim discretionary qualifications.—
Mandatory qualifications.—
In general.—
Clarification if state unable to certify election results or appoints more than one slate of electors.—
Period of Multiple Possible Apparent Successful Candidates.—
Reports.
Summary.
Deadline.
Public information.
Definition.—
Conforming Amendments.—
AVIATION RELATED MATTERS
49 USC 40101 note.
ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM.
Deadline.
Grants.
Establishment.—
Planning Grants.—
In general.—
Comprehensive plan.—
Deadline.
Public information.
Web posting.
In general.—
Plan contents.—
Application.—
Selection.—
In general.—
Priority.—
Minimum allocation to rural areas.—
Grant amount.—
Briefing.—
Deadlines.
Termination date.
In general.—
Contents.—
Evaluation.
Authorization of Appropriations.—
Time periods.
Authorization.—
Administrative expenses.—
Termination.—
In general.—
Continued funding.—
Definitions.—
Advanced air mobility; aam.—
Appropriate committees of congress.—
Commercial aam entities.—
Eligible entity.—
Metropolitan planning organization.—
Rural area.—
Secretary.—
State.—
Vertiport.—
Vertical take-off and landing aircraft.—
Rule of Construction.—
Samya Rose Stumo National Air Grant Fellowship Program
Act of 2022.
SAMYA ROSE STUMO NATIONAL AIR GRANT FELLOWSHIP PROGRAM.
49 USC 40101 note.
Short Title.—
Designation.—
In general.—
Clerical amendment.—
49 USC 40101 note.
References.—
Sense of Congress.—
TEMPORARY INSURANCE FOR AIR CARRIERS FOR CERTAIN TERMINATED COVERAGE.
In General.—
49 USC 44302a.
Temporary insurance
Time period.
In General.—
Restrictions.—
Premium.—
Approval.—
Conforming Amendments.—
General authority.—
Ending effective date.—
Clerical Amendment.—
49 USC prec. 44301.
REMOVAL OF RESTRICTION ON VETERANS CONCURRENTLY SERVING IN THE OFFICES OF ADMINISTRATOR AND DEPUTY ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION.
49 USC 40101 note.
NATIONAL AVIATION PREPAREDNESS PLAN.
Deadline.
In General.—
Contents of Plan.—
Recommenda-
tions.
incorporate, as appropriate, the recommendations made by the Comptroller General of the United States to the Secretary of Transportation contained in the report titled “Air Travel and Communicable Diseases: Comprehensive Federal Plan Needed for U.S. Aviation System’s Preparedness”, issued in December 2015 (GAO-16-127);Consultation.—
Report.—
Deadline.
Consultation.
Review of Plan.—
Deadline.
Assessment.
GAO Study.—
Definitions.—
Covered employee.—
Covered communicable disease.—
Temperature check.—
AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE.
In General.—
Deadline.
Establishment.
Not later than 90 days after the date of enactment of this section, the Secretary of Transportation shall establish the Aerospace Supply Chain Resiliency Task Force (in this section referred to as the “Task Force”) to—Recommenda-
tions.
identify best practices and make recommendations to mitigate risks identified under paragraph (1) and support a robust United States aerospace supply chain.Appointments.
Membership.—
In general.—
Composition.—
Activities.—
Determination.
determine the extent to which United States aerospace supply chains are potentially exposed to significant disturbances, including the existence of and potential for supply chain issues such as chokepoints, bottlenecks, or shortages that could prevent or inhibit the production or flow of major end items and services;Recommenda-
tions.
provide recommendations to address, manage, and relieve such supply chain issues.Meetings.—
In general.—
Timing.—
Reports to Congress.—
Report of task force.—
In general.—
Recommenda-
tions.
Contents.—
Report of secretary.—
Applicable Law.—
Sunset.—
Definitions.—
Appropriate committees of congress.—
Major end item.—
COVERED OPERATIONS ELECTIVE STANDARDS.
In General.—
Notification.
age. Air carriers that employ pilots who serve in covered operations described in subsection (b)(2) may elect to implement an age restriction to prohibit employed pilots from serving in such covered operations after attaining 70 years of age by delivering written notice to the Administrator of the Federal Aviation Administration. Such election—Effective date.
Covered Operations.—
49 USC 44729 note.
Protection for Compliance.—
No TikTok on Government Devices Act.
NO TIKTOK ON GOVERNMENT DEVICES
44 USC 3553 note.
SHORT TITLE.
PROHIBITION ON THE USE OF TIKTOK.
Definitions.—
Prohibition on the Use of TikTok.—
Deadline.
Standards.
Guidelines.
In general.—
National security and research exceptions.—
OCEANS RELATED MATTERS
Driftnet Modernization and Bycatch Reduction Act.
DRIFTNET MODERNIZATION
16 USC 1801 note.
SHORT TITLE.
DEFINITION.
FINDINGS AND POLICY.
Findings.—
Policy.—
TRANSITION PROGRAM.
Fishing Gear Transition Program.—
136 STAT. 5260Time period.
In general.—
Permissible uses.—
Certification.—
EXCEPTION.
Deadline.
is conducted within 5 years of the date of enactment of the Driftnet Modernization and Bycatch Reduction Act”16 USC 1862 note.
FEES.
Recommenda-
tions.
In General.—
Use of Fees.—
Limitation on Collection and Availability.—
Fee Collected During Start-up Period.—
Fishery Resource Disasters Improvement Act.
FISHERY RESOURCE DISASTERS IMPROVEMENT
16 USC 1801 note.
SHORT TITLE.
FISHERY RESOURCE DISASTER RELIEF.
Fishery Resource Disaster Relief.—
Definitions.—
Time period.
Allowable cause.—
Anthropogenic cause.—
Fishery resource disaster.—
Indian tribe.—
Natural cause.—
12-month revenue loss.—
Undetermined cause.—
General authority.—
In general.—
Availability of funds.—
Savings clause.—
Initiation of a fishery resource disaster review.—
Eligible requesters.—
136 STAT. 5263Deadline.
In general.—
Applicable date.—
Required information.—
Time periods.
Assistance.—
Initiation of review.—
Review process.—
Deadline.
Interim response.—
Evaluation of requests.—
In general.—
Time frame.—
Fishery resource disaster determination.—
Deadline.
Notification.—
Criteria for determinations.—
In general.—
Revenue loss thresholds.—
Applicability.
Time period.
In general.—
Charter fishing.—
Evaluation.
Negative subsistence impacts.—
Time period.
Ineligible fisheries.—
Exceptional circumstances.—
Disbursal of appropriated funds.—
Authorization.—
Allocation of appropriated fishery resource disaster assistance.—
Notification of funding availability.—
Deadline.
Extension of deadline.—
Considerations.—
Deadline.
Spend plans.—
Regional contact.—
Disbursal of funds.—
Deadline.
Availability.—
Method.—
Eligible uses.—
In general.—
Displaced fishery employees.—
Limitations.—
Federal share.—
In general.—
Waiver.—
Exception.—
Limitations on administrative expenses.—
Federal.—
State governments or indian tribes.—
Fishing capacity reduction program.—
In general.—
Assistance conditions.—
No fishery endorsement.—
In general.—
Noneffective.—
No sale.—
Public information on data collection.—
Authorization of appropriations.—
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.
Repeal.—
Report.—
INTERJURISDICTIONAL FISHERIES ACT OF 1986.
Repeal.—
Technical Edit.—
BUDGET REQUESTS; REPORTS.
16 USC 1861a note.
Budget Request.—
Driftnet Act Amendments of 1990 Report and Bycatch Reduction Agreements.—
In general.—
16 USC 1822.
in section 202(h), by16 USC 1826.
in section 206—Biennial report on international compliance.—
Additional Information.—
Evaluation.
List.
a list and description of any new fisheries developed by nations that conduct, or authorize their nationals 136 STAT. 5271 to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation; andList.
a list of the nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation in a manner that diminishes the effectiveness of or is inconsistent with any international agreement governing large-scale driftnet fishing to which the United States is a party or otherwise subscribes; andCertification.—
Alaska Salmon Research Task Force Act.
ALASKA SALMON RESEARCH TASK FORCE
SHORT TITLE.
PURPOSES.
SENSE OF CONGRESS.
Establishment.
ALASKA SALMON RESEARCH TASK FORCE.
Deadline.
In General.—
Review.
Composition and Appointment.—
In general.—
Appointment by secretary.—
Appointment by the governor of alaska.—
Duties.—
Review.—
Report.—
Recommenda-
tion.
Administrative Matters.—
Chairperson and vice chairperson.—
Establishment.
Work groups.—
In general.—
Deadline.
not later than 30 days after the date of the establishment of the Research Task Force, shall establish a work group focused specifically on the research needs associated with salmon returns in the AYK (Arctic-Yukon-Kuskokwim) regions of Western Alaska; and136 STAT. 5274Composition.—
Reports.—
Compensation.—
Administrative support.—
Federal Advisory Committee Act.—
DEFINITION OF PACIFIC SALMON.
IUU TECHNICAL CORRECTIONS
IUU TECHNICAL CORRECTIONS.
16 USC 1826j.
16 USC 1826k.
SECURE 2.0 Act of 2022.
SECURE 2.0 ACT OF 2022
SHORT TITLE; ETC.
26 USC 1 note.
Short Title.—
Amendment of 1986 Code.—
EXPANDING COVERAGE AND INCREASING RETIREMENT SAVINGS
EXPANDING AUTOMATIC ENROLLMENT IN RETIREMENT PLANS.
In General.—
26 USC 414A.
REQUIREMENTS RELATED TO AUTOMATIC ENROLLMENT.
In General.—
Automatic Enrollment Requirements.—
In general.—
Allowance of permissible withdrawals.—
Minimum contribution percentage.—
In general.—
Initial reduced ceiling for certain plans.—
Applicability.
case of any eligible automatic contribution arrangement (other than an arrangement that meets the requirements of paragraph (12) or (13) of section 401(k)), for plan years ending before January 1, 2025, subparagraph (A)(ii) shall be applied by substituting ‘10 percent’ for ‘15 percent’.Investment requirements.—
Exceptions.—
Simple plans.—
Exception for plans or arrangements established before enactment of section.—
In general.—
Post-enactment adoption of multiple employer plan.—
Applicability.
(A) shall not apply in the case of an employer adopting after such date of enactment a plan maintained by more than one employer, and subsection (a) shall apply with respect to such employer as if such plan were a single plan.Exception for governmental and church plans.—
Time periods.
Exception for new and small businesses.—
New business.—
Small businesses.—
Applicability.
Treatment of multiple employer plans.—
Clerical Amendment.—
26 USC prec. 410.
26 USC 414A note.
Effective Date.—
MODIFICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN STARTUP COSTS.
Increase in Credit Percentage for Smaller Employers.—
26 USC 45E.
amended byIncreased credit for certain small employers.—
Applicability.
case of an employer which would be an eligible employer under subsection (c) if section 408(p)(2)(C)(i) was applied by substituting ‘50 employees’ for ‘100 employees’, subsection (a) shall be applied by substituting ‘100 percent’ for ‘50 percent’.”Additional Credit for Employer Contributions by Certain Small Employers.—
Additional Credit for Employer Contributions by Certain Eligible Employers.—
In general.—
Limitations.—
Dollar limitation.—
Credit phase-in.—
Wage limitation.—
In general.—
Wages.—
Inflation adjustment.—
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 taxable year beginning after the taxable year during which plan is established with respect to the eligible employer:
The applicable percentage shall be:
Determination of eligible employer; number of employees.—
Applicability.
purposes of this subsection, whether an employer is an eligible employer and the number of employees of an employer shall be determined under the rules of subsection (c), except that paragraph (2) thereof shall only apply to the taxable year during which the eligible employer plan to which this section applies is established with respect to the eligible employer.”Disallowance of Deduction.—
Disallowance of deduction.—
26 USC 45E note.
Effective Date.—
SAVER’S MATCH.
In General.—
26 USC 6433.
SAVER’S MATCH.
In General.—
Allowance of match.—
Payment of match.—
In general.—
Exception.—
Applicable Percentage.—
In general.—
Phaseout.—
Applicable dollar amount; phaseout range.—
Joint returns and surviving spouses.—
Other returns.—
Definition.
Eligible Individual.—
In general.—
Dependents and full-time students not eligible.—
Nonresident aliens not eligible.—
Qualified Retirement Savings Contributions.—
Definition.
In general.—
Reduction for certain distributions.—
In general.—
Testing period.—
Excepted distributions.—
Treatment of distributions received by spouse of individual.—
Applicable Retirement Savings Vehicle.—
Definition.
In general.—
Election.—
Other Definitions and Special Rules.—
Modified adjusted gross income.—
Treatment of contributions.—
Treatment of qualified plans, etc.—
Erroneous matching contributions.—
Determination.
In general.—
Distribution of erroneous matching contributions.—
Deadline.
section 402(a), 403(a)(1), 403(b)(1), 408(d)(1), or 457(a)(1), whichever is applicable, shall not apply to any distribution of such contribution, and section 72(t) shall not apply to the distribution of such contribution or any income attributable thereto, if such distribution is received not later than the day prescribed by law (including extensions of time) for filing the individual’s return for such taxable year, andException from reduction or offset.—
Saver’s match recovery payments.—
In general.—
Specified early distribution.—
Excess may be repaid.—
In general.—
Contribution of excess.—
Limitation on contributions to applicable retirement savings vehicle other than iras.—
Treatment of repayments of distributions from applicable eligible retirement plans other than iras.—
Deadline.
contribution is made under clause (ii) with respect to a specified early distribution from an applicable savings retirement vehicle other than 136 STAT. 5284 an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the savings retirement vehicle in a direct trustee to trustee transfer within 60 days of the distribution.Treatment of repayments for distributions from iras.—
Deadline.
contribution is made under clause (ii) with respect to a specified early distribution from an individual retirement plan, then, to the extent of the amount of the contribution, such distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the applicable retirement savings vehicle in a direct trustee to trustee transfer within 60 days of the distribution.Rules to account for investment loss.—
Provision by Secretary of Information Relating to Contributions.—
Inflation Adjustments.—
In general.—
Rounding.—
26 USC 6433 note.
Treatment of Certain Possessions.—
Payments to possessions with mirror code tax systems.—
Determination.
Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.Payments to other possessions.—
Coordination with united states saver’s match.—
Mirror code tax system.—
Treatment of payments.—
Administrative Provisions.—
Deficiencies.—
26 USC 6211.
26 USC 6058 note.
Reporting.—
Payment Authority.—
Conforming Amendments.—
136 STAT. 528626 USC 25B.
26 USC prec. 6411.
chapter 6526 USC 6433 note.
Effective Date.—
PROMOTION OF SAVER’S MATCH.
26 USC 6433 note.
In General.—
Report to Congress.—
In general.—
Contents.—
POOLED EMPLOYER PLANS MODIFICATION.
In General.—
29 USC 1002 note.
Effective Date.—
MULTIPLE EMPLOYER 403(b) PLANS.
In General.—
26 USC 403.
Multiple employer plans.—
136 STAT. 5287In general.—
Treatment of employers failing to meet requirements of plan.—
In general.—
Additional requirements in case of non-governmental plans.—
Annual Registration for 403(b) Multiple Employer Plan.—
26 USC 6057.
403(b) Multiple Employer Plans Treated as One Plan.—
Applicability.
the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.”Annual Information Returns for 403(b) Multiple Employer Plan.—
403(b) Multiple Employer Plans Treated as One Plan.—
Applicability.
the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.”Amendments to Employee Retirement Income Security Act of 1974.—
In general.—
29 USC 1002.
Conforming amendments.—
29 USC 1002.
are each amended byRegulations Relating to Employer Failure to Meet Multiple Employer Plan Requirements.—
Applicability.
26 USC 403 note.
Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations as may be necessary to clarify, in the case of plans to which section 403(b)(15) of the Internal Revenue Code of 1986 applies, the treatment of an employer departing such plan in connection with such employer’s failure to meet multiple employer plan requirements.26 USC 413 note.
Modification of Model Plan Language, etc.—
Plan notifications.—
Model plans for multiple employer 403(b) plans.—
Educational outreach to employers exempt from tax.—
No Inference With Respect to Church Plans.—
26 USC 403 note.
application of section 403(b) of the Internal Revenue Code of 1986 to an annuity contract purchased under a church plan (as defined in section 414(e) of such Code) maintained by more than 1 employer, or to any application of rules similar to section 413(e) of such Code to such a plan, no inference shall 136 STAT. 5289 be made from section 403(b)(15)(A) of such Code (as added by this Act) not applying to such plans.Effective Date.—
26 USC 403 note.
In general.—
26 USC 403 note.
Rule of construction.—
INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR MANDATORY DISTRIBUTIONS.
In General.—
26 USC 401.
Spouse Beneficiaries; Special Rule for Owners.—
Applicable Age.—
Applicable age.—
Conforming Amendments.—
26 USC 401 note.
Effective Date.—
INDEXING IRA CATCH-UP LIMIT.
In General.—
Indexing of catch-up limitation.—
26 USC 219 note.
Effective Date.—
HIGHER CATCH-UP LIMIT TO APPLY AT AGE 60, 61, 62, AND 63.
In General.—
Plans other than simple plans.—
Simple plans.—
Adjusted Dollar Amount.—
Adjusted dollar amount.—
Cost-of-living Adjustments.—
Effective date.
“In the case of a year beginning after December 31, 2025, the Secretary shall adjust annually the adjusted dollar amounts applicable under clauses (i) and (ii) of subparagraph (E) for increases in the cost-of-living at the same time and in the same manner as adjustments under the preceding sentence; except that the base period taken into account shall be the calendar quarter beginning July 1, 2024.”.26 USC 414 note.
Effective Date.—
TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS.
In General.—
Definitions.
Qualified Student Loan Payment.—
Qualified student loan payment.—
Matching Contributions for Qualified Student Loan Payments.—
26 USC 401.
Matching contributions for qualified student loan payments.—
In general.—
Treatment for purposes of nondiscrimination rules, etc.—
Nondiscrimination rules.—
Student loan payments not treated as plan contribution.—
Matching contribution rules.—
Actual deferral percentage testing.—
Employer may rely on employee certification.—
Simple Retirement Accounts.—
26 USC 408.
amended byMatching contributions for qualified student loan payments.—
In general.—
Definitions.
Qualified student loan payment.—
In general.—
Qualified higher education expenses.—
Applicable rules.—
403(b) Plans.—
26 USC 403.
457(b) Plans.—
26 USC 401 note.
Regulatory Authority.—
26 USC 401 note.
Effective Date.—
APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN STARTUP COSTS TO EMPLOYERS WHICH JOIN AN EXISTING PLAN.
In General.—
26 USC 45E note.
Effective Date.—
MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY CREDIT FOR SMALL EMPLOYERS.
In General.—
26 USC 45AA.
MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY CREDIT FOR SMALL EMPLOYERS.
In General.—
Limitation.—
Definition.
Eligible Small Employer.—
Definitions.
Military Spouse.—
In general.—
Exclusion of highly compensated employees.—
Eligible Defined Contribution Plan.—
Time period.
are immediately eligible to receive an amount of employer contributions under such plan which is not less the amount of such contributions that a similarly situated participant who is not a military spouse would be eligible to receive under such plan after 2 years of service, andAggregation Rule.—
Credit Allowed as Part of General Business Credit.—
26 USC 38.
Specified Credit for Purposes of Certified Professional Employer Organizations.—
Clerical Amendment.—
26 USC prec. 38.
26 USC 38 note.
Effective Date.—
SMALL IMMEDIATE FINANCIAL INCENTIVES FOR CONTRIBUTING TO A PLAN.
In General.—
Section 403(b) Plans.—
Exemption From Prohibited Transaction Rules.—
Amendment of Employee Retirement Income Security Act of 1974.—
26 USC 401 note.
Effective Date.—
DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY S CORPORATION.
In General.—
26 USC 1042.
10 Percent Limitation on Application of Gain on Sale of S Corporation Stock.—
Application of Section to Sale of Stock in S Corporation.—
26 USC 1042 note.
Effective Date.—
WITHDRAWALS FOR CERTAIN EMERGENCY EXPENSES.
In General.—
Distributions for certain emergency expenses.—
In general.—
Annual limitation.—
Dollar limitation.—
Emergency personal expense distribution.—
Definition.
of this subparagraph, the term ‘Treatment of plan distributions.—
Applicability.
Amount distributed may be repaid.—
Limitation on subsequent distributions.—
Time period.
distribution is treated as an emergency personal expense distribution in any calendar year with respect to a plan of the employee, no amount may be treated as such a distribution during the immediately following 3 calendar years with respect to such plan unless—Applicability.
Special rules.—
Time period.
Cross-reference.—
26 USC 72 note.
Effective Date.—
ALLOW ADDITIONAL NONELECTIVE CONTRIBUTIONS TO SIMPLE PLANS.
In General.—
Modification to definition.—
26 USC 408.
Limitation.—
Overall dollar limit on contributions.—
Applicability.
Coordination with maximum limitation.—
Adjustment for inflation.—
Effective date.
Adjustment for inflation.—
Conforming Amendments.—
136 STAT. 529926 USC 408.
amended by26 USC 401 note.
Effective Date.—
CONTRIBUTION LIMIT FOR SIMPLE PLANS.
In General.—
Adjusted dollar amount.—
Certain large employers.—
Effective dates.
Other employers.—
Catch-up Contributions.—
26 USC 414.
section 414(v)Applicability.
Certain large employers.—
Effective dates.
Other employers.—
Employer Match.—
Special rule for electing larger employers.—
Applicability.
the case of an employer which had more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year, and which makes the election under subparagraph (E)(i)(II) for any year, subclause (I) shall be applied for such year by substituting ‘4 percent’ for ‘3 percent’.”Increase in Nonelective Employer Contribution for Electing Larger Employers.—
Special rule for electing larger employers.—
Applicability.
case of an employer which had more than 25 employees who received at least $5,000 of compensation from the employer for the preceding 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’.”Transition Rule.—
26 USC 408.
is further amended by2-year grace period.—
Amendments Apply Only if Employer Has Not Had Another Plan Within 3 Years.—
Employer has not had another plan within 3 years.—
Conforming Amendments Relating to Simple 401(k)s.—
Employers electing increased contributions.—
Applicability.
the case of an employer which applies an election under section 408(p)(2)(E)(i)(II) for purposes of the contribution requirements of this paragraph under subparagraph (B)(i)(I), rules similar to the rules of subparagraphs (B)(iii), (C)(ii)(IV), and (G) of section 408(p)(2) shall apply for purposes of subparagraphs (B)(i)(II) and (B)(ii) of this paragraph.”26 USC 401 note.
Effective Date.—
26 USC 401 note.
Reports by Secretary.—
Recommenda-
tions.
In general.—
Data described.—
TAX TREATMENT OF CERTAIN NONTRADE OR BUSINESS SEP CONTRIBUTIONS.
In General.—
26 USC 4972 note.
Effective Date.—
In general.—
No inference.—
APPLICATION OF SECTION 415 LIMIT FOR CERTAIN EMPLOYEES OF RURAL ELECTRIC COOPERATIVES.
In General.—
Special rule for certain employees of rural electric cooperatives.—
In general.—
Time period.
Eligible rural electric cooperative plan.—
Definition.
In general.—
Applicability.
Election.—
Regulations.—
26 USC 415 note.
Effective Date.—
EXEMPTION FOR CERTAIN AUTOMATIC PORTABILITY TRANSACTIONS.
In General.—
Other Definitions and Special Rules.—
Rules relating to automatic portability transactions.—
In general.—
Automatic portability transaction.—
Automatic portability provider.—
Conditions for automatic portability transactions.—
Acknowledgment of fiduciary status.—
Fees.—
Data usage.—
Open participation.—
Deadline.
Pre-transaction notice.—
Deadline.
Post-transaction notice.—
Notice requirements.—
Frequency of searches.—
Timeliness of execution.—
Limitation on exercise of discretion.—
Record retention and audits.—
Time period.
In general.—
Deadline.
The automatic portability provider shall make such records available to any authorized employee of the Department of the Treasury or the Department of Labor within 30 calendar days of the date of a written request for such records.136 STAT. 5306Regulations.
Compliance.
Audits.—
Lists.
Website.—
Deadline.
Guidance.
Requirements.
26 USC 4975 note.
Regulatory Authority.—
Plan.
require a plan described in such paragraph (12)(A)(i)(II), as so added, to fully disclose fees related to an automatic portability transaction in its summary plan description or summary of material modifications, as relevant,Plan.
require a plan described in such paragraph, as so added, to invest amounts received on behalf of a participant pursuant to an automatic portability transaction in the participant’s current investment election under the plan or, if no election is made or permitted, in the plan’s qualified default investment alternative (within the meaning of section 2550.404c–5 of title 29, Code of Federal Regulations) or another investment selected by a fiduciary with respect to such plan,26 USC 4975 note.
Report to Congress.—
Summaries.
In general.—
Recommenda-
tions.
recommendations of any necessary statutory changes to this exemption to improve the effectiveness of automatic portability transactions, including repeal of this provision in the event of a pattern of noncompliance; andReport on notices relating to automatic transfers.—
26 USC 4975 note.
Effective Date.—
Definitions.
STARTER 401(k) PLANS FOR EMPLOYERS WITH NO RETIREMENT PLAN.
In General.—
26 USC 401.
Starter 401(k) deferral-only plans for employers with no retirement plan.—
In general.—
Starter 401(k) deferral-only arrangement.—
Automatic deferral.—
In general.—
Election out.—
Qualified percentage.—
Contribution limitations.—
In general.—
Effective date.
Cost-of-living adjustment.—
Catch-up contributions for individuals age 50 or over.—
Eligible employer.—
In general.—
Applicability.
Relief for acquisitions, etc.—
Qualified plan.—
Eligible employee.—
In general.—
Exclusions.—
Certain Annuity Contracts.—
26 USC 403.
is further amended bySafe harbor deferral-only plans for employers with no retirement plan.—
In general.—
Safe harbor deferral-only plan.—
Automatic deferral.—
In general.—
Election out.—
Qualified percentage.—
Contribution limitations.—
In general.—
Effective date.
Cost-of-living adjustment.—
Catch-up contributions for individuals age 50 or over.—
Eligible employer.—
In general.—
Applicability.
Relief for acquisitions, etc.—
Qualified plan.—
Eligible employee.—
Starter and Safe Harbor Plans Not Treated as Top-Heavy Plans.—
26 USC 416.
26 USC 401 note.
Effective Date.—
ASSIST STATES IN LOCATING OWNERS OF APPLICABLE SAVINGS BONDS.
In General.—
Deadline.
Regulations.
Guidance.
Reports.
Time period.
Not later than 12 months after the date of enactment of this subsection, and annually thereafter for each year during the 5-year period beginning after the date of enactment of this subsection, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report assessing all efforts to satisfy the requirement under paragraph (1)(A).Definition.
For purposes of this subsection, the term ‘31 USC 3105 note.
Effective Date.—
CERTAIN SECURITIES TREATED AS PUBLICLY TRADED IN CASE OF EMPLOYEE STOCK OWNERSHIP PLANS.
In General.—
26 USC 401.
ESOP rules relating to publicly traded securities.—
26 USC 401 note.
Effective Date.—
MODIFICATION OF AGE REQUIREMENT FOR QUALIFIED ABLE PROGRAMS.
In General.—
26 USC 529A note.
Effective Date.—
IMPROVING COVERAGE FOR PART-TIME WORKERS.
In General.—
Employee retirement income security act of 1974.—
Special Rule for Certain Part-time Employees.—
In general.—
Time period.
Exception.—
Coordination with time of participation rules.—
Applicability.
of employees who are eligible to participate in the arrangement or agreement solely by reason of paragraph (1)(B), or by reason of such paragraph and section 401(k)(2)(D)(ii) of such Code, the rules of subsection (a)(4) shall apply to such employees.Determination.
12-month period.—
Internal revenue code of 1986.—
136 STAT. 5315In general.—
26 USC 403.
Rules relating to certain part-time employees.—
In general.—
Conforming amendment.—
Vesting.—
Part-time employees.—
Applicability.
paragraph (3) shall be applied by substituting ‘at least 500 hours of service’ for ‘more than 500 hours of service’ in subparagraph (A) thereof.Time periods.
purposes of this paragraph, 12-month periods shall be determined in the same manner as under the last sentence of section 202(a)(3)(A), except that 12-month periods beginning before January 1, 2023, shall not be taken into account.”Reduction in Period Service Requirement for Qualified Cash and Deferred Arrangements.—
Pre-2021 Service.—
Coordination With Rules for Top-heavy Plans.—
26 USC 401 note.
Effective Dates.—
In general.—
Subsection (d) and (e).—
SPECIAL RULES FOR CERTAIN DISTRIBUTIONS FROM LONG-TERM QUALIFIED TUITION PROGRAMS TO ROTH IRAS.
In General.—
Time periods.
Special rollover to roth iras from long-term qualified tuition programs.—
In general.—
Limitations.—
Applicability.
Annual limitation.—
Aggregate limitation.—
Treatment Under Roth IRA Rules.—
In general.—
Application of contribution limitations.—
In general.—
26 USC 408A.
In general.—
Exception for rollovers from qualified tuition programs.—
Waiver of roth ira income limitation.—
Special rule for certain transfers from qualified tuition programs.—
Reporting.—
In general.—
Reports.
Rollover distributions.—
26 USC 408A note.
Effective Date.—
EMERGENCY SAVINGS ACCOUNTS LINKED TO INDIVIDUAL ACCOUNT PLANS.
Employee Pension Benefit Plans.—
Pension-linked emergency savings account.—
Pension-linked Emergency Savings Accounts.—
In general.—
PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS
29 USC 1193.
PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.
In General.—
Eligible Participant.—
Definition.
In general.—
Eligible participant who becomes a highly compensated employee.—
Definition.—
Account Requirements.—
In general.—
Establishment and termination of account.—
Establishment of account.—
Termination of account.—
Account Contributions.—
Limitation.—
In general.—
Effective dates.
In the case of contributions made in taxable years beginning after December 31, 2024, the Secretary shall adjust the amount under clause (i) at the same time and in the same manner as the adjustment made by the Secretary 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.Excess contributions.—
Automatic contribution arrangement.—
In general.—
Participant contribution rate.—
Disclosure by plan administrator of contributions.—
Time period.
In general.—
Notice requirements.—
Consolidated notices.—
Employer matching contributions to an individual account plan for employee contributions to a pension-linked emergency savings account.—
In general.—
Coordination rule.—
Definition.
Matching contributions.—
Account Balance After Termination.—
Anti-abuse Rules.—
In general.—
Deadline.
Regulations or other guidance.—
29 USC 1193a.
PREEMPTION OF STATE ANTI-GARNISHMENT LAWS.
Regulations.
Applicability.
The Secretary may promulgate regulations to establish minimum standards that such an arrangement would be required to satisfy in order for this subsection to apply with respect to such an account.29 USC 1193b.
REPORTING AND DISCLOSURE REQUIREMENTS.
Regulations.
prescribe such regulations as may be necessary to address reporting and disclosure requirements for pension-linked emergency savings accounts; and29 USC 1193c.
REPORT TO CONGRESS ON EMERGENCY SAVINGS ACCOUNTS.
Study.
Clerical amendment.—
Reporting for a Pension-linked Emergency Savings Account.—
Alternative methods of compliance.—
Minimized reporting burden for pension-linked emergency savings accounts.—
Pension-linked Emergency Savings Accounts.—
Fiduciary Duty.—
Default investment arrangements for a pension-linked emergency savings account.—
Tax Treatment of Pension-linked Emergency Savings Accounts.—
26 USC 402A.
In general.—
Pension-linked Emergency Savings Accounts.—
In general.—
Eligible participant.—
In general.—
Eligible participant who becomes a highly compensated employee.—
Contribution limitation.—
In general.—
Effective dates.
the case of contributions made in taxable years beginning after December 31, 2024, the Secretary shall adjust the amount under clause (i) at the same time and in the same manner as the adjustment made under section 415(d), except that the base period shall be the calendar quarter beginning July 1, 2023. Any increase under the preceding sentence which is not a multiple of $100 shall be rounded to the next lowest multiple of $100.Excess contributions.—
Automatic contribution arrangement.—
In general.—
Participant contribution rate.—
Disclosure by plan sponsor.—
Time periods.
In general.—
Notice requirements.—
Consolidated notices.—
Employer matching contributions to a defined contribution plan for employee contributions to a pension-linked emergency savings account.—
In general.—
Coordination rule.—
Definition.
Matching contributions.—
Distributions.—
In general.—
Treatment of distributions.—
Account balance after termination.—
In general.—
Prohibition of certain transfers.—
Coordination with section 72.—
Coordination with distribution of excess deferrals.—
Treatment of account balances.—
In general.—
Termination.—
Exception to plan amendment rules.—
Anti-abuse rules.—
Regulations.
Secretary, in consultation with the Secretary of Labor, shall issue regulations or other guidance not later than 12 months after the date of the enactment of the SECURE 2.0 Act of 2022 with respect to the anti-abuse rules described in the preceding sentence.”Treatment for purposes of additional tax on early distributions.—
Distributions from pension-linked emergency savings account.—
Basis recovery.—
Treatment of contributions to a pension-linked emergency savings account.—
26 USC 402A note.
Regulatory Authority.—
26 USC 72 note.
Effective Date.—
ENHANCEMENT OF 403(b) PLANS.
In General.—
26 USC 403.
Conforming Amendment.—
26 USC 403 note.
Effective Date.—
PRESERVATION OF INCOME
REMOVE REQUIRED MINIMUM DISTRIBUTION BARRIERS FOR LIFE ANNUITIES.
In General.—
Certain increases in payments under a commercial annuity.—
26 USC 401 note.
Effective Date.—
26 USC 401 note.
QUALIFYING LONGEVITY ANNUITY CONTRACTS.
Deadline.
Regulations.
In General.—
Repeal 25-percent premium limit.—
Increase dollar limitation.—
In general.—
Effective dates.
Adjustments for inflation.—
Facilitate joint and survivor benefits.—
Permit short free look period.—
Divorce or Separation Instrument.—
Effective Dates, Enforcement, and Interpretations.—
Effective dates.—
Enforcement and interpretations.—
Regulatory Successor Provision.—
26 USC 817 note.
INSURANCE-DEDICATED EXCHANGE-TRADED FUNDS.
Deadline.
Regulations.
In General.—
Designate Certain Authorized Participants and Market Makers as Eligible Investors.—
Define Relevant Terms.—
Exchange-traded fund.—
Authorized participant.—
Market maker.—
Effective Date.—
26 USC 401 note.
ELIMINATING A PENALTY ON PARTIAL ANNUITIZATION.
Eliminating a Penalty on Partial Annuitization.—
Definitions.—
Total required amount.—
Annuity amount.—
Conforming Regulatory Amendments.—
Effective Date.—
SIMPLIFICATION AND CLARIFICATION OF RETIREMENT PLAN RULES
RECOVERY OF RETIREMENT PLAN OVERPAYMENTS.
Overpayments Under ERISA.—
Special Rules Applicable to Benefit Overpayments.—
General rule.—
Reduction in future benefit payments and recovery from responsible party.—
Employer funding obligations.—
Recoupment from participants and beneficiaries.—
Applicability.
Effect of culpability.—
Overpayments Under Internal Revenue Code of 1986.—
Qualification requirements.—
26 USC 414.
Special Rules Applicable to Benefit Overpayments.—
In general.—
Reduction in future benefit payments and recovery from responsible party.—
Employer funding obligations.—
Applicability.
Observance of benefit limitations.—
Coordination with other qualification requirements.—
Regulations.
Guidance.
Applicability.
Secretary may issue regulations or other guidance of general applicability specifying how benefit overpayments and their recoupment or non-recoupment from a participant or beneficiary shall be taken into account for purposes of satisfying any requirement applicable to a plan to which paragraph (1) applies.”Rollovers.—
26 USC 402 note.
Effective Date.—
26 USC 402 note.
Certain Actions Before Date of Enactment.—
REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN QUALIFIED RETIREMENT PLANS.
In General.—
26 USC 4974.
Reduction in Excise Tax on Failures to Take Required Minimum Distributions.—
Reduction of Tax in Certain Cases.—
Reduction.—
Correction window.—
26 USC 4974 note.
Effective Date.—
RETIREMENT SAVINGS LOST AND FOUND.
In General.—
29 USC 1153.
RETIREMENT SAVINGS LOST AND FOUND.
Establishment.—
Deadline.
In general.—
Plans described.—
Administration.—
Safeguarding Participant Privacy and Security.—
Definition of Administrator.—
Effective date.
Information Collection From Plans.—
Applicability.
in the case of a participant or former participant to whom paragraph (3) applies—Use of Information Collected.—
Deadlines.
Program Integrity Audit.—
Reports.
submit a report on such audit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives.”Conforming Amendment.—
UPDATING DOLLAR LIMIT FOR MANDATORY DISTRIBUTIONS.
In General.—
26 USC 401, 411.
and 411(a)(11)(A) are each amended by26 USC 401 note.
Effective Date.—
26 USC 401 note.
EXPANSION OF EMPLOYEE PLANS COMPLIANCE RESOLUTION SYSTEM.
In General.—
Loan Errors.—
EPCRS for IRAs.—
Applicability.
waivers of the excise tax which would otherwise apply under section 4974 of the Internal Revenue Code of 1986, andCorrection Methods for Eligible Inadvertent Failures.—
Guidance.
Secretary shall issue guidance on correction methods that are required to be used to correct eligible inadvertent failures, 136 STAT. 5343 including general principles of correction if a specific correction method is not specified by the Secretary.Eligible Inadvertent Failure.—
In general.—
Definition.
Exception.—
Application of Certain Requirements for Correcting Errors.—
Deadline.
Issuance of Guidance.—
ELIMINATE THE “FIRST DAY OF THE MONTH” REQUIREMENT FOR GOVERNMENTAL SECTION 457(b) PLANS.
In General.—
26 USC 457.
26 USC 457 note.
Effective Date.—
ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBUTION TO SPLIT-INTEREST ENTITY; INCREASE IN QUALIFIED CHARITABLE DISTRIBUTION LIMITATION.
One-time Election for Qualified Charitable Distribution to Split-interest Entity.—
One-time election for qualified charitable distribution to split-interest entity.—
In general.—
Definition.
Split-interest entity.—
Contributions must be otherwise deductible.—
Limitation on income interests.—
Special rules.—
Charitable remainder trusts.—
Charitable gift annuities.—
Inflation Adjustment.—
26 USC 408.
as amended by subsection (a), is further amended byInflation adjustment.—
Effective date.
In general.—
Rounding.—
26 USC 408 note.
Effective Date.—
DISTRIBUTIONS TO FIREFIGHTERS.
In General.—
Conforming Amendment.—
26 USC 72 note.
Effective Date.—
EXCLUSION OF CERTAIN DISABILITY-RELATED FIRST RESPONDER RETIREMENT PAYMENTS.
In General.—
26 USC 139C.
CERTAIN DISABILITY-RELATED FIRST RESPONDER RETIREMENT PAYMENTS.
In General.—
Definition.
Qualified First Responder Retirement Payments.—
Definitions.
Annualized Excludable Disability Amount.—
Time period.
In general.—
Service-connected excludable disability amount.—
Applicability.
Special rule for partial-year payments.—
Qualified First Responder Service.—
Clerical Amendment.—
26 USC prec. 101.
amended by26 USC 139C note.
Effective Date.—
APPLICATION OF TOP HEAVY RULES TO DEFINED CONTRIBUTION PLANS COVERING EXCLUDABLE EMPLOYEES.
In General.—
Application to employees not meeting age and service requirements.—
26 USC 416 note.
Effective Date.—
REPAYMENT OF QUALIFIED BIRTH OR ADOPTION DISTRIBUTION LIMITED TO 3 YEARS.
In General.—
26 USC 72.
26 USC 72 note.
Effective Date.—
In general.—
Temporary rule with respect to distributions already made.—
Applicability.
the case of a qualified birth or adoption distribution (as defined in section 72(t)(2)(H)(iii)(I) of the Internal Revenue Code of 1986) made on or before the date of the enactment of this Act, section 72(t)(2)(H)(v)(I) of such Code (as amended by this Act) shall apply to such distribution by substituting “after such distribution and before January 1, 2026” for “during the 3-year period beginning on the day after the date on which such distribution was received”.EMPLOYER Determinations.
MAY RELY ON EMPLOYEE CERTIFYING THAT DEEMED HARDSHIP DISTRIBUTION CONDITIONS ARE MET.
Cash or Deferred Arrangements.—
Employee certification.—
403(b) Plans.—
Custodial accounts.—
Employee certification.—
26 USC 403.
Annuity contracts.—
457(b) Plan.—
Participant certification.—
26 USC 401 note.
Effective Date.—
INDIVIDUAL RETIREMENT PLAN STATUTE OF LIMITATIONS FOR EXCISE TAX ON EXCESS CONTRIBUTIONS AND CERTAIN ACCUMULATIONS.
In General.—
Individual retirement plans.—
In general.—
Rule in case of individuals not required to file return.—
Time period.
Period for assessment in case of income tax return.—
Applicability.
any case in which the return with respect to a tax imposed by section 4973 is the individual’s income tax return for purposes of this section, subsection (a) shall be applied by substituting a 6-year period in lieu of the 3-year period otherwise referred to in such subsection.Exception for certain acquisitions of property.—
26 USC 6501 note.
Effective Date.—
PENALTY-FREE WITHDRAWAL FROM RETIREMENT PLANS FOR INDIVIDUAL IN CASE OF DOMESTIC ABUSE.
In General.—
26 USC 72.
as amended by this Act, is further amended byDistribution from retirement plan in case of domestic abuse.—
In general.—
Limitation.—
Eligible distribution to a domestic abuse victim.—
Time period.
In general.—
Definition.
Domestic abuse.—
Treatment of plan distributions.—
Applicability.
Amount distributed may be repaid.—
Definition and special rules.—
Applicable eligible retirement plan.—
Exemption of distributions from trustee to trustee transfer and withholding rules.—
Distributions treated as meeting plan distribution requirements; self-certification.—
Effective dates.
Inflation adjustment.—
26 USC 72 note.
Effective Date.—
REFORM OF FAMILY ATTRIBUTION RULE.
In General.—
26 USC 414.
In general.—
Special rules for applying family attribution.—
Plan shall not fail to be treated as satisfying this section.—
In general.—
Special rules for applying family attribution.—
Plan shall not fail to be treated as satisfying this section.—
Applicability.
the application of clause (ii) causes two or more entities to be an affiliated service group, or to no longer be in an affiliated service group, such change shall be treated as a transaction to which section 410(b)(6)(C) applies.”26 USC 414 note.
Effective Date.—
AMENDMENTS TO INCREASE BENEFIT ACCRUALS UNDER PLAN FOR PREVIOUS PLAN YEAR ALLOWED UNTIL EMPLOYER TAX RETURN DUE DATE.
In General.—
26 USC 401.
Retroactive plan amendments that increase benefit accruals.—
26 USC 401 note.
Effective Date.—
RETROACTIVE FIRST YEAR ELECTIVE DEFERRALS FOR SOLE PROPRIETORS.
In General.—
26 USC 401 note.
Effective Date.—
Deadlines.
PERFORMANCE BENCHMARKS FOR ASSET ALLOCATION FUNDS.
Regulations.
29 USC 1104 note.
In General.—
Study.—
REVIEW AND REPORT TO CONGRESS RELATING TO REPORTING AND DISCLOSURE REQUIREMENTS.
Study.—
Report.—
Consultation.
Recommenda-
tions.
In general.—
Analysis of effectiveness.—
Surveys.
Data.
Collection of information.—
ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED TO UNENROLLED PARTICIPANTS.
Amendment of ERISA.—
In general.—
18 USC 664, prec. 1001, 1027, 1954; 29 USC 441, 1031.
29 USC 1030a.
ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED TO UNENROLLED PARTICIPANTS.
In General.—
Unenrolled Participant.—
Annual Reminder Notice.—
Definition.
Clerical amendment.—
Amendment of Internal Revenue Code of 1986.—
26 USC 414.
Eliminating Unnecessary Plan Requirements Related to Unenrolled Participants.—
In general.—
Definition.
Unenrolled participant.—
Definition.
Annual reminder notice.—
26 USC 414 note.
Effective Date.—
REVIEW OF PENSION RISK TRANSFER INTERPRETIVE BULLETIN.
Deadline.
Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall—Consultation.
Determination.
review section 2509.95–1 of title 29, Code of Federal Regulations (relating to the fiduciary standards under the Employee Retirement Income Security Act of 1974 when selecting an annuity provider for a defined benefit pension plan) and consult with the Advisory Council on Employee Welfare and Pension Benefit Plans (established under section 512 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1142)), to determine whether amendments to section 2509.95–1 of title 29, Code of Federal Regulations are warranted; andAssessment.
report to Congress on the findings of such review and consultation, including an assessment of any risk to participants.TAX TREATMENT OF IRA INVOLVED IN A PROHIBITED TRANSACTION.
In General.—
26 USC 408.
26 USC 408 note.
Effective Date.—
In general.—
No inference.—
CLARIFICATION OF SUBSTANTIALLY EQUAL PERIODIC PAYMENT RULE.
In General.—
Rollovers to subsequent plan.—
Nonqualified Annuity Contracts.—
In general.—
Exchanges to subsequent contracts.—
Information Reporting.—
26 USC 6724.
Special Rule for Reporting Certain Additional Taxes.—
Safe Harbor for Annuity Payments.—
Qualified retirement plans.—
“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).”
Other annuity contracts.—
26 USC 72.
amended by“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.”
Applicability.
26 USC 72 note.
Effective Dates.—
In general.—
Annuity payments.—
No inference.—
26 USC 408 note.
TREASURY GUIDANCE ON ROLLOVERS.
Deadline.
Standards.
Guidance.
Procedures.
In General.—
Other Requirements.—
ROTH PLAN DISTRIBUTION RULES.
In General.—
Mandatory distribution rules not to apply before death.—
26 USC 402A.
26 USC 402A note.
Effective Date.—
In general.—
Special rule.—
EXCEPTION TO PENALTY ON EARLY DISTRIBUTIONS FROM QUALIFIED PLANS FOR INDIVIDUALS WITH A TERMINAL ILLNESS.
In General.—
Terminal illness.—
In general.—
Definition.—
Documentation.—
Applicability.
Amount distributed may be repaid.—
26 USC 72 note.
Effective Date.—
SURVIVING SPOUSE ELECTION TO BE TREATED AS EMPLOYEE.
In General.—
Special rule for surviving spouse of employee.—
Applicability.
26 USC 401 note.
Extension of Election of at Least as Rapidly Rule.—
Effective Date.—
REPEAL OF DIRECT PAYMENT REQUIREMENT ON EXCLUSION FROM GROSS INCOME OF DISTRIBUTIONS FROM GOVERNMENTAL PLANS FOR HEALTH AND LONG-TERM CARE INSURANCE.26 USC 401 note.
In General.—
26 USC 402.
Direct payment to insurer permitted.—
Applicability.
In general.—
Reporting.—
26 USC 402 note.
Effective Date.—
MODIFICATION OF ELIGIBLE AGE FOR EXEMPTION FROM EARLY WITHDRAWAL PENALTY.
In General.—
26 USC 72 note.
Effective Date.—
EXEMPTION FROM EARLY WITHDRAWAL PENALTY FOR CERTAIN STATE AND LOCAL GOVERNMENT CORRECTIONS EMPLOYEES.
In General.—
26 USC 72.
26 USC 72 note.
Effective Date.—
SPECIAL RULES FOR USE OF RETIREMENT FUNDS IN CONNECTION WITH QUALIFIED FEDERALLY DECLARED DISASTERS.
Tax-Favored Withdrawals From Retirement Plans.—
In general.—
Distributions from retirement plans in connection with federally declared disasters.—
Qualified disaster recovery distribution.—
Qualified disaster recovery distribution.—
Definition.
In general.—
Aggregate dollar limitation.—
In general.—
Treatment of plan distributions.—
Definition.
Controlled group.—
Deadlines.
Amount distributed may be repaid.—
Time period.
In general.—
Treatment of repayments of distributions from eligible retirement plans other than iras.—
Treatment of repayments for distributions from iras.—
Income inclusion spread over 3-year period.—
In general.—
Applicability.
Special rule.—
Definition.
Qualified disaster.—
Other definitions.—
Qualified disaster area.—
In general.—
Exceptions.—
Incident period.—
Applicable date.—
Eligible retirement plan.—
Special rules.—
Exemption of distributions from trustee to trustee transfer and withholding rules.—
Qualified disaster recovery distributions treated as meeting plan distribution requirements.—
Applicability.
26 USC 72 note.
Effective date.—
Recontributions of Withdrawals for Home Purchases.—
Individual retirement plans.—
26 USC 72.
Definitions.
Recontributions.—
General rule.—
In general.—
Applicability.
Treatment of repayments.—
Qualified distribution.—
Applicable period.—
Qualified plans.—
Recontributions of withdrawals for home purchases.—
General rule.—
In general.—
Applicability.
Treatment of repayments.—
Definition.
Qualified distribution.—
Time period.
Definitions.—
Applicability.
26 USC 72 note.
Effective date.—
Loans From Qualified Plans.—
In general.—
26 USC 72.
Increase in limit on loans not treated as distributions.—
Applicability.
In general.—
Time periods.
Delay of repayment.—
Definitions.—
Qualified individual.—
Applicable period.—
Other terms.—
Applicability.
26 USC 72 note.
Effective date.—
GAO Report.—
EMPLOYERS ALLOWED TO REPLACE SIMPLE RETIREMENT ACCOUNTS WITH SAFE HARBOR 401(k) PLANS DURING A YEAR.
In General.—
26 USC 408.
Replacement of simple retirement accounts with safe harbor plans during plan year.—
In general.—
Combined limits on contributions.—
Transition year.—
Definition.
Safe harbor plan.—
Waiver of 2-year Withdrawal Limitation in Case of Plans Converting to 401(k) or 403(b).—
In general.—
In general.—
Waiver in case of plan conversion to 401(k) or 403(b).—
Conforming amendment.—
26 USC 408.
26 USC 72 note.
Effective Date.—
ELIMINATION OF ADDITIONAL TAX ON CORRECTIVE DISTRIBUTIONS OF EXCESS CONTRIBUTIONS.
In General.—
Applicability.
26 USC 72 note.
Effective Date.—
LONG-TERM CARE CONTRACTS PURCHASED WITH RETIREMENT PLAN DISTRIBUTIONS.
In General.—
Qualified long-term care distributions.—
In general.—
Qualified long-term care distribution.—
Definition.
In general.—
Regulations.
Effective date.
Adjustment for inflation.—
Definition.
Certified long-term care insurance.—
Applicability.
Distributions must otherwise be includible.—
Long-term care premium statement.—
In general.—
Long-term care premium statement.—
Disclosure.
Filing with secretary.—
Conforming Amendments.—
26 USC 401.
Applicability.
Qualified long-term care distributions.—
Exemption From Additional Tax on Early Distributions.—
Qualified long-term care distributions.—
Applicability.
In general.—
Exception.—
Exemption of distributions from trustee to trustee transfer and withholding rules.—
Reporting.—
In general.—
26 USC 6050Z.
REPORTS RELATING TO LONG-TERM CARE PREMIUM STATEMENTS.
Requirement of Reporting.—
Statement to Be Furnished to Persons With Respect to Whom Information Is Required.—
Effective date.
written statement required under the preceding sentence shall be furnished to the individual or individuals on or before January 31 of the year following the calendar year for which the return required under subsection (a) was required to be made.Contracts or Coverage Covering More Than One Insured.—
Compliance.
Records.
Statement to Be Furnished on Request.—
Penalties.—
26 USC 872.
Clerical amendment.—
26 USC
prec. 6041.
26 USC 72 note.
Effective Date.—
26 USC 401 note.
Disclosure to Treasury of Long-term Care Insurance Products.—
26 USC 430 note.
CORRECTIONS OF MORTALITY TABLES.
Deadline.
Regulations.
In General.—
Effective Date.—
REPORT TO CONGRESS ON SECTION 402(f) NOTICES.
Recommenda-
tions.
The report shall analyze the effectiveness of such notices and make recommendations, as warranted by the findings, to facilitate better understanding by recipients of different distribution options and corresponding tax consequences, including spousal rights.MODIFICATION OF REQUIRED MINIMUM DISTRIBUTION RULES FOR SPECIAL NEEDS TRUSTS.
In General.—
26 USC 401
Conforming Amendment.—
“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).”
26 USC 401 note.
Effective Date.—
REQUIREMENT TO PROVIDE PAPER STATEMENTS IN CERTAIN CASES.
In General.—
Time period.
Provision of paper statements.—
29 USC 1025 note.
Implementation.—
Deadline.
Effective date.
In general.—
Deadline.
Other guidance.—
29 USC 1025 note.
Effective Date.—
RECOGNITION OF TRIBAL GOVERNMENT DOMESTIC RELATIONS ORDERS.
Amendment of Internal Revenue Code of 1986.—
In general.—
Conforming amendment.—
“For
Definition.
purposes of clause (ii), the term ‘Amendment of Employee Retirement Income Security Act of 1974.—
In general.—
Conforming amendment.—
“For
Definition.
purposes of clause (ii)(II), the term ‘Applicability.
26 USC 414 note.
Effective Date.—
DEFINED CONTRIBUTION PLAN FEE DISCLOSURE IMPROVEMENTS.
Deadline.
after the date of enactment of this Act, the Secretary of Labor shall—Review.
Reports.
Recommenda-
tions.
26 USC 401 note.
CONSOLIDATION OF DEFINED CONTRIBUTION PLAN NOTICES.
Deadline.
Regulations.
later than 2 years after the date of enactment of this Act, the Secretary of Labor and the Secretary of the Treasury (or such Secretaries’ delegates) shall adopt regulations providing that a plan (as defined in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002)) may, but is not required to, consolidate 2 or more of the notices required under sections 404(c)(5)(B) and 514(e)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)(5)(B) and 29 U.S.C. 1144(e)(3)) and sections 401(k)(12)(D), 401(k)(13)(E), and 414(w)(4) 136 STAT. 5376 of the Internal Revenue Code of 1986 into a single notice so long as the combined notice—INFORMATION NEEDED FOR FINANCIAL OPTIONS RISK MITIGATION.
In General.—
29 USC 1032.
NOTICE AND DISCLOSURE REQUIREMENTS WITH RESPECT TO LUMP SUMS.
Deadlines.
In General.—
Notice to Participants and Beneficiaries.—
Content.—
Plain language.—
Model notice.—
Notice to the Secretary and Pension Benefit Guaranty Corporation.—
Post-Offer Report to the Secretary and Pension Benefit Guaranty Corporation.—
Confidentiality.
Public Availability.—
Biennial Report.—
Clerical Amendment.—
Enforcement.—
29 USC 1032 note.
Application.—
Deadlines.
29 USC 1032 note.
Regulatory Authority.—
DEFINED BENEFIT ANNUAL FUNDING NOTICES.
Time periods.
In General.—
29 USC 1021 note.
Effective Date.—
29 USC 1023 note.
REPORT ON POOLED EMPLOYER PLANS.
Study.
Public information.
Web posting.
Recommenda-
tions.
ANNUAL AUDITS FOR GROUP OF PLANS.
In General.—
26 USC 6058 note.
Effective Date.—
29 USC 3228.
WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.
Definitions.—
Existing program.—
Initiative.—
New program.—
Secretary.—
State.—
Employee Ownership Initiative.—
Establishment.—
Functions.—
Duties.—
Consultation with treasury.—
Programs Regarding Employee Ownership.—
Deadline.
Establishment of program.—
Purpose of program.—
Program details.—
Guidance.—
Grants.—
In general.—
Determination.
Amounts and conditions.—
Applications.—
State applications.—
Applications by entities.—
Entity applications.—
Application screening.—
Time periods.
Limitations.—
Time period.
Annual report.—
Evaluations.—
Reporting.—
Analysis.
Time periods.
Authorizations of Appropriations.—
In general.—
Administrative expenses.—
REPORT BY THE SECRETARY OF LABOR ON THE IMPACT OF INFLATION ON RETIREMENT SAVINGS.
Study.
CASH BALANCE.
Amendment of Internal Revenue Code of 1986.—
26 USC 411.
Projected interest crediting rate.—
Amendment of Employee Retirement Income Security Act of 1974.—
Projected interest crediting rate.—
26 USC 411 note.
Effective Date.—
TERMINATION OF VARIABLE RATE PREMIUM INDEXING.
In General.—
Technical Amendment.—
29 USC 1306 note.
Effective Date.—
SAFE HARBOR FOR CORRECTIONS OF EMPLOYEE ELECTIVE DEFERRAL FAILURES.
In General.—
26 USC 414.
as amended by the preceding provisions of this Act, is further amended byCorrecting Automatic Contribution Errors.—
In general.—
Corrected error defined.—
Notice.
Deadline.
No obligation for employer to restore missed elective deferrals.—
Regulations and guidance for favorable correction methods.—
26 USC 414 note.
Effective Date.—
TECHNICAL AMENDMENTS
AMENDMENTS RELATING TO SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT ACT OF 2019.
Technical Amendments.—
Amendments relating to section 103.—
26 USC 401.
Amendments relating to section 112.—
26 USC 401.
Amendment relating to section 116.—
Clerical Amendments.—
26 USC 72 note.
Effective Date.—
ADMINISTRATIVE PROVISIONS
PROVISIONS RELATING TO PLAN AMENDMENTS.
26 USC 414 note.
In General.—
Amendments to Which Section Applies.—
In general.—
Regulations.
Effective date.
Conditions.—
Time period.
Coordination With Other Provisions Relating to Plan Amendments.—
SECURE act.—
26 USC 414 note.
CARES act.—
26 USC 72 note.
Special rules for use of retirement funds.—
Temporary waiver of required minimum distributions rules for certain retirement plans and accounts.—
26 USC 401 note.
Taxpayer certainty and disaster tax relief act of 2020.—
134 Stat. 3074
REVENUE PROVISIONS
SIMPLE AND SEP ROTH IRAS.
In General.—
26 USC 408A.
Rules Relating to Simplified Employee Pensions.—
Contributions.—
Distributions.—
Election required.—
Roth contribution election.—
Rules Relating to Simple Retirement Accounts.—
Election required.—
Roth contribution election.—
Rollovers.—
Simple retirement accounts.—
Conforming Amendment.—
26 USC 402 note.
Effective Date.—
HARDSHIP WITHDRAWAL RULES FOR 403(b) PLANS.
In General.—
26 USC 403.
as amended by the preceding provisions of this Act,Special rules relating to hardship withdrawals.—
Amounts which may be withdrawn.—
No requirement to take available loan.—
Conforming Amendments.—
26 USC 403 note.
Effective Date.—
ELECTIVE DEFERRALS GENERALLY LIMITED TO REGULAR CONTRIBUTION LIMIT.
Applicable Employer Plans.—
Certain deferrals must be roth contributions.—
In general.—
Roth option.—
Exception.—
Election to change deferrals.—
Time period.
Effective date.
Cost of living adjustment.—
Conforming Amendments.—
26 USC 402 note.
Effective Date.—
OPTIONAL TREATMENT OF EMPLOYER MATCHING OR NONELECTIVE CONTRIBUTIONS AS ROTH CONTRIBUTIONS.
In General.—
Matching Included in Qualified Roth Contribution Program.—
Designated Roth Matching Contributions.—
Matching Contribution Defined.—
Matching contribution.—
26 USC 402A note.
Effective Date.—
CHARITABLE CONSERVATION EASEMENTS.
Limitation on Deduction.—
In general.—
26 USC 170.
Limitation on deduction for qualified conservation contributions made by pass-through entities.—
In general.—
Definitions.
Relevant basis.—
In general.—
Modified basis.—
Exception for contributions outside 3-year holding period.—
Exception for family partnerships.—
In general.—
Definition.
Members of the family.—
Exception for contributions to preserve certified historic structures.—
Application to other pass-through entities.—
Regulations.—
Application of accuracy-related penalties.—
In general.—
26 USC 6662.
Treatment as gross valuation misstatement.—
No reasonable cause exception.—
Approval of assessment not required.—
26 USC 6751.
26 USC 170 note.
Extension of statute of limitations for listed transactions.—
Reporting Requirements.—
Certain qualified conservation contributions.—
In general.—
Contributions to which this paragraph applies.—
Application to other pass-through entities.—
26 USC 170 note.
Effective Date.—
In general.—
No inference.—
26 USC 170 note.
Safe Harbors and Opportunity for Donor to Correct Certain Deed Errors.—
Deadline.
Publication.
In general.—
Opportunity to correct.—
Time period.
In general.—
Deadline.
Exceptions.—
Applicability.
ENHANCING RETIREE HEALTH BENEFITS IN PENSION PLANS.
Amendments to Internal Revenue Code of 1986.—
Extension of transfers of excess pension assets to retiree health accounts.—
26 USC 420.
420(b)De minimis transfer rule.—
In general.—
Special rule for de minimis transfers.—
Applicability.
In general.—
Two-year lookback requirement.—
Cost maintenance period.—
Conforming amendments.—
Excess pension assets.—
Determination.—
Special rule for collectively bargained transfers.—
Minimum cost.—
Extension of Transfers of Excess Pension Assets to Retiree Health Accounts Under Employee Retirement Income Security Act of 1974.—
Definitions.—
Use of assets.—
Exemption.—
26 USC 420 note.
Effective Date.—
TAX COURT RETIREMENT PROVISIONS
PROVISIONS RELATING TO JUDGES OF THE TAX COURT.
Thrift Savings Plan Contributions for Judges in the Federal Employees Retirement System.—
In general.—
26 USC 7447.
Contributions for benefit of judge.—
Offset.—
Offset.—
Time period.
Where such an offset would exceed 50 percent of the retired pay to be received in the first year, the offset may be divided equally over the first 2 years in which the individual receives the annuity.”26 USC 7447 note.
Effective date.—
Change in Vesting Period for Survivor Annuities and Waiver of Vesting Period in the Event of Assassination.—
Eligibility in case of death.—
Entitlement to Annuity.—
In general.—
Annuity to surviving spouse.—
Annuity to surviving spouse and child.—
Annuity to surviving dependent children.—
Applicability.
Time periods.
Covered judges.—
Termination of annuity.—
Surviving spouse.—
Surviving child.—
Dependent child after death of surviving spouse.—
Recomputation with respect to other dependent children.—
Time period.
Special rule for assassinated judges.—
Definition of assassination.—
26 USC 7448.
Determination of assassination.—
Dependency and disability.—
Determination.
Assassination.—
Computation of annuities.—
Time periods.
Computation of Annuities.—
26 USC 7448.
Other benefits.—
Other Benefits in Case of Assassination.—
Coordination of Retirement and Survivor Annuity With the Federal Employees Retirement System.—
Retirement.—
Annuities to surviving spouses and dependent children.—
Limit on Teaching Compensation of Retired Judges.—
In general.—
Certification.
Teaching Compensation of Retired Judges.—
26 USC 7447 note.
Effective date.—
26 USC 7447 note.
Effective Date.—
PROVISIONS RELATING TO SPECIAL TRIAL JUDGES OF THE TAX COURT.
Retirement and Recall for Special Trial Judges.—
26 USC 7447A.
RETIREMENT FOR SPECIAL TRIAL JUDGES.
In General.—
Retirement.—
| “If the special trial judge has attained age: | And the years of service as a special trial judge are at least: |
|---|---|
| 65 | 15 |
| 66 | 14 |
| 67 | 13 |
| 68 | 12 |
| 69 | 11 |
| 70 | 10. |
Length of service.—
Retirement Upon Disability.—
Recalling of Retired Special Trial Judges.—
Time periods.
Retired Pay.—
In general.—
Time periods.
Retirement upon disability.—
Beginning date and payment.—
Applicability.
Partial years.—
Applicability.
Recalled service.—
Election to Receive Retired Pay.—
Deadline.
Notification.
Records.
chief judge shall transmit to the Office of Personnel Management a copy of each notice filed with the chief judge under this subsection.Other Rules Made Applicable.—
Conforming Amendments.—
26 USC 3121.
Special trial judges.—
Clerical Amendment.—
26 USC
prec. 7441.
26 USC 7447A note.
Effective Date.—
Deadline.
Special trial judges retiring on or after the date of the enactment of this Act, and before the date that is 180 days after the date of such enactment, may file an election under such section not later than 60 days after such date.Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.
JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022
38 USC 101 note.
SHORT TITLE; TABLE OF CONTENTS.
Short Title.—
Table of Contents.—
HEALTH CARE MATTERS
Access to Care
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.
In General.—
38 USC 1710 note.
Effective Date.—
38 USC 1701 note.
DEPARTMENT OF VETERANS AFFAIRS TREATMENT AND RESEARCH OF PROSTATE CANCER.
Findings.—
Establishment of Clinical Pathway.—
Deadline.
In general.—
Elements.—
Recommenda-
tions.
Plan.
Collaboration and coordination.—
Consultation requirement.—
Public information.
Web posting.
Publication.—
Update.
Deadline.
Development of Comprehensive Prostate Cancer Program and Implementation of the Prostate Cancer Clinical Pathway.—
Deadline.
Plan.
Establishment.—
Program requirements.—
Plan.
Program implementation evaluation.—
Plan.
Prostate cancer research.—
Report on National Registry.—
Recommenda-
tions.
Such report shall include recommendations for centralizing data about veterans with prostate cancer for the purpose of improving outcomes and serving as a resource for providers.Definitions.—
Clinical pathway.—
Evidence-based risk factors.—
Health Care Employees
38 USC 7401 note.
THIRD PARTY REVIEW OF APPOINTEES IN VETERANS HEALTH ADMINISTRATION WHO HAD A LICENSE TERMINATED FOR CAUSE AND NOTICE TO INDIVIDUALS TREATED BY THOSE APPOINTEES IF DETERMINED THAT AN EPISODE OF CARE OR SERVICES THAT THEY RECEIVED WAS BELOW THE STANDARD OF CARE.
Third Party Review.—
Deadline.
Contracts.
In general.—
Qualifications.—
Notice to Patients Treated by Covered Providers.—
Definitions.—
Covered provider.—
Hospital care or medical services.—
COMPLIANCE WITH REQUIREMENTS FOR EXAMINING QUALIFICATIONS AND CLINICAL ABILITIES OF HEALTH CARE PROFESSIONALS OF DEPARTMENT OF VETERANS AFFAIRS.
In General.—
38 USC 7414.
Compliance with requirements for examining qualifications and clinical abilities of health care professionals
Compliance With Credentialing Requirements.—
Registration Regarding Controlled Substances.—
Determination.
Waiver.
Reviews of Concerns Relating to Quality of Clinical Care.—
Determination.
Compliance.
Compliance With Requirements for Reporting Quality of Care Concerns.Notification.
—
Prohibition on Certain Settlement Agreement Terms.—
Deadline.
Training.—
Definitions.—
38 USC
prec. 7401.
Clerical Amendment.—
38 USC 7414 note.
Deadline for Implementation.—
38 USC 7414 note.
Audits and Reports.—
Audits.—
In general.—
Conduct of audits.—
Reports.—
In general.—
Summary.
Elements.—
Initial report.—
Analysis.
Report on Updates to Policy of the Department of Veterans Affairs for Reporting Patient Safety Concerns to Appropriate State and Other Entities.—
In general.—
Consultation.—
Care From Non-Department of Veterans Affairs Providers
WAIT TIMES FOR CARE
CALCULATION OF WAIT TIME FOR PURPOSES OF ELIGIBILITY UNDER VETERANS COMMUNITY CARE PROGRAM.
Determination.
Deadlines.
38 USC 1703 note.
PLAN REGARDING INFORMING VETERANS OF EXPECTED WAIT TIMES FOR APPOINTMENTS FOR CARE.
In General.—
Implementation.—
List.
Matters To Be Included.—
Briefing.
Reports.
Assessment.
Updates.—
IMPROVEMENT OF PROVISION OF CARE
MODIFICATIONS TO ACCESS STANDARDS FOR CARE FURNISHED THROUGH COMMUNITY CARE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
Access Standards.—
Compliance.
Waiver authority.
Evaluation.
Federal Register,
publication.
Public information.
Web posting.
Definition.
Definition.
Prevention of Suspension of Veterans Community Care Program.—
38 USC 1701 note.
STRATEGIC PLAN TO ENSURE CONTINUITY OF CARE IN THE CASE OF THE REALIGNMENT OF A MEDICAL FACILITY OF THE DEPARTMENT.
Sense of Congress.—
Development of Strategic Plan.—
Updates.
In general.—
Elements.—
Assessment.
Deadline.
Submittal to congress.—
Definitions.—
Community care program.—
Realignment.—
Third party administrator.—
Tribal organization.—
Urban indian organization.—
COMMUNITY CARE SELF-SCHEDULING PILOT PROGRAM
38 USC 1703 note.
DEFINITIONS.
Appropriate congressional committees.—
Covered veteran.—
Pilot program.—
Veterans community care program.—
PILOT PROGRAM ESTABLISHING COMMUNITY CARE APPOINTMENT SELF-SCHEDULING TECHNOLOGY.
Deadline.
Pilot Program.—
Expansion or Development of New Technology.—
Deadline.
Competition.—
Selection of Locations.—
Duration of Pilot Program.—
In general.—
Determination.
Extension.—
Outreach.—
APPOINTMENT SELF-SCHEDULING CAPABILITIES.
In General.—
Independent Validation and Verification.—
Evaluation.
In general.—
Deadline.
Briefing.—
Deadline.
Certification.—
Third Party Administrator Defined.—
REPORT.
Assessment.
Time period.
Recommenda-
tions.
ADMINISTRATION OF NON-DEPARTMENT CARE
CREDENTIALING VERIFICATION REQUIREMENTS FOR PROVIDERS OF NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE SERVICES.
Credentialing Verification Requirements.—
In general.—
38 USC 1703F.
Credentialing verification requirements for providers of non-Department health care services
Compliance.
In General.—
Requirements Specified.—
Time period.
Deadlines.
Definitions.—
Clerical amendment.—
38 USC
prec. 1701.
38 USC 1703F note.
Deadline for Implementation.—
CLAIMS FOR PAYMENT FROM DEPARTMENT OF VETERANS AFFAIRS FOR EMERGENCY TREATMENT FURNISHED TO VETERANS.
Treatment for Non-Service-Connected Disabilities.—
In general.—
Deadline.
Submittal of Claims for Direct Payment.—
Hold Harmless.—
Treatment for and in Connection With Service-Connected Disabilities.—
Conforming Amendments.—
38 USC 1703B note.
PUBLICATION OF CLARIFYING INFORMATION FOR NON-DEPARTMENT OF VETERANS AFFAIRS PROVIDERS.
Public information.
Web posting.
Summaries.
List.
In General.—
Periodic Review.—
Clean Claims Defined.—
INAPPLICABILITY OF CERTAIN PROVIDERS TO PROVIDE NON-DEPARTMENT OF VETERANS AFFAIRS CARE.
Determination.
Time period.
Application.—
Improvement of Rural Health and Telehealth
38 USC 1701 note.
ESTABLISHMENT OF STRATEGIC PLAN REQUIREMENT FOR OFFICE OF CONNECTED CARE OF DEPARTMENT OF VETERANS AFFAIRS.
Findings.—
Sense of Congress.—
Deadlines.
Development of Strategic Plan.—
In general.—
Update.—
In general.—
Consultation.—
Assessments.
Elements.—
List.
Assessment.
Evaluation.
Reports.
Submittal to Congress.—
Timeline.
Definitions.—
Patient enrollment system.—
Rural; highly rural.—
VA video connect.—
COMPTROLLER GENERAL REPORT ON TRANSPORTATION SERVICES BY THIRD PARTIES FOR RURAL VETERANS.
Report Required.—
Assessments.
Contents.—
COMPTROLLER GENERAL REPORT ON TELEHEALTH SERVICES OF THE DEPARTMENT OF VETERANS AFFAIRS.
In General.—
Assessment.
Elements.—
Care for Aging Veterans
STRATEGY FOR LONG-TERM CARE FOR AGING VETERANS.
In General.—
Elements.—
Assessment.
Examination.
Report.—
38 USC 1741 note.
IMPROVEMENT OF STATE VETERANS HOMES.
Standardized Sharing Agreements.—
Provision of Medication to Catastrophically Disabled Veterans.—
Oversight of Inspections.—
Monitoring.—
Reporting of deficiencies.—
Public information.
Web posting.
Transparency.—
State Home Defined.—
38 USC 1741 note.
GERIATRIC PSYCHIATRY PILOT PROGRAM AT STATE VETERANS HOMES.
Deadline.
In General.—
Duration.—
Type of Assistance.—
Consideration of Local Area Needs.—
Definitions.—
38 USC 2041 note.
SUPPORT FOR AGING VETERANS AT RISK OF OR EXPERIENCING HOMELESSNESS.
In General.—
Payment for Services.—
SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR PAYMENT OF CARE FOR VETERANS IN NON-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FOSTER HOMES.
Authority.—
In general.—
Time period.
Definition.
38 USC 1720 note.
Effective date.—
38 USC 1720 note.
Ongoing Monitoring of Medical Foster Home Program.—
In general.—
Report.—
Medical foster home defined.—
Assessments.
Comptroller General Report.—
Recommenda-
tions.
Foreign Medical Program
ANALYSIS OF FEASIBILITY AND ADVISABILITY OF EXPANDING ASSISTANCE AND SUPPORT TO CAREGIVERS TO INCLUDE CAREGIVERS OF VETERANS IN THE REPUBLIC OF THE PHILIPPINES.
Findings.—
Deadline.
Analysis.—
Assessments.
Report.—
Definitions.—
Caregiver.—
Patient enrollment system.—
Veteran.—
COMPTROLLER GENERAL REPORT ON FOREIGN MEDICAL PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
In General.—
Elements.—
Foreign Medical Program Defined.—
Research Matters
INAPPLICABILITY OF PAPERWORK REDUCTION ACT.
In General.—
38 USC 7330D.
Inapplicability of Paperwork Reduction Act to research activities
Clerical Amendment.—
38 USC
prec. 7301.
amended byRESEARCH AND DEVELOPMENT.
Office of Research and Development.—
38 USC
prec 7381.
RESEARCH AND DEVELOPMENT
38 USC 7381.
Office of Research and Development
Establishment.
Office of Research and Development.—
Purposes.—
Chief Research and Development Officer.—
Organization and Personnel.—
38 USC 7382.
Research personnel
Waiver of Intergovernmental Personnel Act Mobility Program Limits.—
Outside Earned Income for Research for the Department.—
Clerical Amendment.—
38 USC
prec. 7301.
amended byEXPANSION 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.
Study.—
Elements.—
Review.
Assessment.
Report.—
Mental Health Care
ANALYSIS OF FEASIBILITY AND ADVISABILITY OF DEPARTMENT OF VETERANS AFFAIRS PROVIDING EVIDENCE-BASED TREATMENTS FOR THE DIAGNOSIS OF TREATMENT-RESISTANT DEPRESSION.
Findings.—
Deadline.
Analysis.—
Inclusion of Assessment of Report.—
Assessments.
Report.—
Patient Enrollment System Defined.—
38 USC 7401 note.
MODIFICATION OF RESOURCE ALLOCATION SYSTEM TO INCLUDE PEER SPECIALISTS.
Deadline.
In General.—
Veterans Equitable Resource Allocation System Defined.—
GAP ANALYSIS OF PSYCHOTHERAPEUTIC INTERVENTIONS OF THE DEPARTMENT OF VETERANS AFFAIRS.
Deadline.
In General.—
Assessments.
Elements.—
Report and Plan.—
PROHIBITION ON COLLECTION OF COPAYMENTS FOR FIRST THREE MENTAL HEALTH CARE OUTPATIENT VISITS OF VETERANS.
Prohibition on Collection.—
38 USC
prec. 1701.
38 USC 1722C.
Copayments: prohibition on collection of copayments for first three mental health care outpatient visits of veterans
Prohibition.—
Copayment for Medications.—
Mental Health Care Outpatient Visit Defined.—
Sunset.—
Effective date.
38 USC 1722C note.
Applicability.—
Other Matters
REQUIREMENT FOR ONGOING INDEPENDENT ASSESSMENTS OF HEALTH CARE DELIVERY SYSTEMS AND MANAGEMENT PROCESSES OF THE DEPARTMENT OF VETERANS AFFAIRS.
Ongoing Assessments.—
38 USC 1704A.
Independent assessments of health care delivery systems and management processes
Deadline.
Contracts.
Independent Assessments.—
Assessments.
Timing.—
Leveraging of Existing Data and Contracts.—
Private Sector Entities Described.—
Contracts.
Designation.
Program Integrator.—
Assessments.
Recommenda-
tions.
Reports.—
Recommenda-
tions.
Federal Register,
publication.
Timeline.
Costs.
Sunset.—
Clerical Amendments.—
38 USC
prec. 1701.
38 USC 1704A note.
Deadline for Initial Assessment.—
IMPROVED TRANSPARENCY OF, ACCESS TO, AND USABILITY OF DATA PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS.
Review of Timeliness and Quality of Care Data.—
Deadline.
In general.—
Analysis.—
Consultation.—
Assessment.
Report.—
38 USC 1701 note.
Requirements of Website.—
Deadline.
In general.—
Consultation and contract authority.—
Contracts.
Accuracy of Data.—
Deadline.
Audit.
Annual process.—
Criteria.—
Determination.
Recommenda-
tions.
Annual report.—
BENEFITS MATTERS
Benefits Generally
IMPROVEMENTS TO PROCESS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR CLOTHING ALLOWANCE CLAIMS.
Short Title.—
Process for Clothing Allowance Claims.—
Eligibility Requirements.—
Continuous Nature of Payments.—
Determination.
Reviews of Claims.—
Standards.
Determination.
Notice.
Requirement.
Notification.
Review.
Determination.
Requirement.
Certification.
Deadline.
Evaluation.
Determination Regarding Continued Eligibility.—
Notice.
38 USC 1162 note.
Applicability.—
MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES WHO DIE OF COVID–19.
Determination.
38 USC 1164 note.
In General.—
Outreach.—
Web posting.
The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms.Annual Report.—
In general.—
Contents.—
Study on Claims Denied Prior to Enactment.—
Reports.
Study.—
Methodology.—
Elements.—
Review.
Study on Claims Denied Following Enactment.—
Reports.
Study.—
Methodology.—
Elements.—
Covered Claim Defined.—
ENHANCED LOAN UNDERWRITING METHODS.
In General.—
Regulations.
Guidance.
Evaluation.
Estimate.
Establishment.
Reports.
Public information.
Reports.
and every year thereafter, the Secretary shall submit to Congress and make publicly available a report that includes the following information for the year covered by the report:Clarification of Requirements Regarding Energy Efficiency Standards.—
DEPARTMENT OF VETERANS AFFAIRS LOAN FEES.
Education
Native VetSuccess at Tribal Colleges and Universities Pilot Program Act.
NATIVE VETSUCCESS AT TRIBAL COLLEGES AND UNIVERSITIES PILOT PROGRAM.
38 USC 3697B note.
Short Title.—
Pilot Program.—
Deadline.
In general.—
Designation.—
Duration.—
Parameters.—
Eligible Students.—
Consultation Requirement.—
Notice.
Outreach to Colleges and Universities.—
Briefings and Reports.—
Implementation briefing.—
Report.—
In general.—
Contents.—
Analysis.
Definitions.—
Appropriate committee of congress.—
Culturally competent.—
Tribal college or university.—
Tribal organization.—
EDUCATION FOR SEPARATING MEMBERS OF THE ARMED FORCES REGARDING REGISTERED APPRENTICESHIPS.
38 USC 4102A note.
WEBSITES REGARDING APPRENTICESHIP PROGRAMS.
Website Under the Jurisdiction of Secretary of Labor.Public information.
—
Update.
Coordination With Other Website.—
TRANSFER OF ENTITLEMENT TO POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
In General.—
Death of transferor.—
In general.—
Death prior to transfer to designated transferees.—
38 USC 3319 note.
Applicability.—
USE OF ENTITLEMENT UNDER DEPARTMENT OF VETERANS AFFAIRS SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE PROGRAM FOR SECONDARY SCHOOL EDUCATION.
In General.—
38 USC 3501 note.
Effective Date.—
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.
Establishment.—
38 USC 3691A.
Withdrawal or leave of absence from certain education
In General.—
Withdrawal.—
Leave of Absence.—
Definitions.—
Clerical Amendment.—
38 USC
prec. 3670.
amended byGI Bill National Emergency Extended Deadline Act
of 2022.
GI Bill National Emergency Extended Deadline Act
38 USC 101 note.
SHORT TITLE.
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.
Montgomery GI Bill.—
Determination.
Time period.
Post-9/11 Educational Assistance.—
Applicability.
Time periods.
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.
Determination.
Determination.
PERIOD FOR ELIGIBILITY UNDER SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
In General.—
Effective date.
Conforming Amendments.—
Rural Veterans Travel Enhancement
COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON FRAUD, WASTE, AND ABUSE OF THE DEPARTMENT OF VETERANS AFFAIRS BENEFICIARY TRAVEL PROGRAM.
Study and Report Required.—
Time period.
Elements.—
Assessment.
Recommenda-
tions.
COMPTROLLER GENERAL STUDY AND REPORT ON EFFECTIVENESS OF DEPARTMENT OF VETERANS AFFAIRS BENEFICIARY TRAVEL PROGRAM MILEAGE REIMBURSEMENT AND DEDUCTIBLE AMOUNTS.
Recommenda-
tions.
38 USC 111 note.
DEPARTMENT OF VETERANS AFFAIRS TRANSPORTATION PILOT PROGRAM FOR LOW INCOME VETERANS.
Deadline.
Assessment.
Pilot Program Required.—
Duration.—
Locations.—
Report.—
136 STAT. 5460In general.—
Contents.—
Recommenda-
tions.
Assessment.
38 USC 111 note.
PILOT PROGRAM FOR TRAVEL COST REIMBURSEMENT FOR ACCESSING READJUSTMENT COUNSELING SERVICES.
Deadline.
Pilot Program Required.—
Participation.—
In general.—
Participation by individuals.—
In general.—
Financial hardship.—
Participation of vet centers.—
Deadline.
Travel Allowances and Reimbursements.—
Duration.—
Locations.—
In general.—
Existing initiative.—
Locations participating in existing initiative.—
Termination of existing initiative.—
Annual Reports.—
In general.—
Contents.—
Assessment.
Recommenda-
tions.
Vet Center Defined.—
VA Beneficiary Debt Collection Improvement Act of 2022.
VA Beneficiary Debt Collection Improvement Act
38 USC 101 note.
SHORT TITLE.
PROHIBITION OF DEBT ARISING FROM OVERPAYMENT DUE TO DELAY IN PROCESSING BY THE DEPARTMENT OF VETERANS AFFAIRS.
Bar to Recovery.—
In general.—
38 USC 5302B.
Prohibition of debt arising from overpayment due to delay in processing
Limitation.—
Determination.
Notice.
Notice.—
Delay on Collection.—
Determination.
Clerical amendment.—
38 USC
prec. 5301.
Regulations.
38 USC 5302B note.
Deadline.—
Plan for Improved Notification and Communication of Debts.—
Deadline.
In general.—
Contents.—
List.
PROHIBITION ON DEPARTMENT OF VETERANS AFFAIRS INTEREST AND ADMINISTRATIVE COST CHARGES FOR DEBTS RELATING TO CERTAIN BENEFITS PROGRAMS.
In General.—
38 USC 5315 note.
Effective Date.—
EXTENSION OF WINDOW TO REQUEST RELIEF FROM RECOVERY OF DEBT ARISING UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
In General.—
38 USC 5302 note.
Effective Date.—
REFORMS RELATING TO RECOVERY BY DEPARTMENT OF VETERANS AFFAIRS OF AMOUNTS OWED BY INDIVIDUALS TO THE UNITED STATES.
Limitation on Indebtedness Offsets.—
Administrative Process for Dispute of Existence or Amount of Indebtedness.—
Establishment.—
38 USC 5314A.
Dispute of indebtedness
Regulations.
Establishment.—
Standards.—
Timeliness.—
Limitation.—
Rule of Construction.—
38 USC 5314A note.
Existing administrative process.—
Improvements to department website and notices.—
Clerical amendment.—
38 USC
prec. 5301.
amended byLimitation on Authority To Recover Debts.—
Determination.
HOMELESSNESS MATTERS
ADJUSTMENTS OF GRANTS AWARDED BY THE SECRETARY OF VETERANS AFFAIRS FOR COMPREHENSIVE SERVICE PROGRAMS TO SERVE HOMELESS VETERANS.
Elimination of Matching Requirement.—
136 STAT. 5466In general.—
38 USC 2011 note.
Applicability.—
Effective date.
38 USC 2011 note.
Determination of amount of grant.—
Sunset.—
In general.—
Sunset.—
Elimination of Property Disposition Requirements.—
38 USC 2011 note.
In general.—
Sunset.—
In general.—
Sunset.—
MODIFICATIONS TO PROGRAM TO IMPROVE RETENTION OF HOUSING BY FORMERLY HOMELESS VETERANS AND VETERANS AT RISK OF BECOMING HOMELESS.
Services.—
Staffing.—
Requirement.
Reports.
MODIFICATIONS TO HOMELESS VETERANS REINTEGRATION PROGRAMS.
In General.—
Homeless veterans reintegration programs
Grants.
Contracts.
In General.—
Time period.
Grants.—
Training and Technical Assistance.—
Requirement to Monitor Expenditures of Funds.—
Administration Through Assistant Secretary of Labor for Veterans’ Employment and Training.—
Provision of Services to Veterans in Certain Institutions.—
Time period.
Report on Services Provided.—
Data.
Reports to Congress.—
Evaluation.
Analysis.
Data.
Time periods.
Authorization of Appropriations.—
Conforming Amendment.—
EXPANSION AND EXTENSION OF DEPARTMENT OF VETERANS AFFAIRS HOUSING ASSISTANCE FOR HOMELESS VETERANS.
Expansion.—
Extension.—
TRAINING AND TECHNICAL ASSISTANCE PROVIDED BY SECRETARY OF VETERANS AFFAIRS TO CERTAIN ENTITIES.
Supportive Services for Very Low-income Families in Permanent Housing.—
Comprehensive Service Programs.—
In general.—
38 USC 2014, 2016.
as section 2016; and38 USC 2014.
Training and technical assistance for recipients of certain financial assistance
In General.—
Provision of Training and Technical Assistance.—
38 USC 2015.
Training and technical assistance for entities regarding services provided to veterans at risk of, experiencing, or transitioning out of homelessness
In General.—
Coordination.—
Elements.—
Provision of Training.—
Effective date.
38 USC 2014 note.
Use of amounts.—
Conforming amendment.—
Clerical amendment.—
38 USC
prec. 2001.
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.
38 USC 2041 note.
DEPARTMENT OF VETERANS AFFAIRS SHARING OF INFORMATION RELATING TO COORDINATED ENTRY PROCESSES FOR HOUSING AND SERVICES OPERATED UNDER DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTINUUM OF CARE PROGRAM.
In General.—
Information Described.—
38 USC 701 note.
DEPARTMENT OF VETERANS AFFAIRS COMMUNICATION WITH EMPLOYEES RESPONSIBLE FOR HOMELESSNESS ASSISTANCE PROGRAMS.
38 USC 2041 note.
SYSTEM FOR SHARING AND REPORTING DATA.
In General.—
Deadline.—
38 USC 2061 note.
PILOT PROGRAM ON GRANTS FOR HEALTH CARE FOR HOMELESS VETERANS.
Deadline.
Pilot Program Required.—
Locations.—
Award of Grants.—
In general.—
Eligible entities.—
Preference.—
Equitable distribution; prioritization.—
Equitable distribution.—
Prioritization.—
Intervals of payment and maximum grant amount.—
Use of Grant Amounts.—
Requirements for Receipt of Grants.—
Notification that services are from department.—
Coordination.—
Requirement.
Report on Services Provided.—
Duration.—
Reports to Congress.—
136 STAT. 5475In general.—
Elements.—
38 USC 1720A note.
PILOT PROGRAM ON AWARD OF GRANTS FOR SUBSTANCE USE DISORDER RECOVERY FOR HOMELESS VETERANS.
Deadline.
Pilot Program Required.—
Duration.—
Locations.—
Award of Grants.—
In general.—
Intervals of payment and maximum amounts.—
Preference.—
Equitable distribution.—
Requirement.
Report on services provided.—
Requirements for Receipt of Grants.—
Notification that services are from department.—
Coordination.—
Grant Application.—
In general.—
Contents of application.—
Estimate.
Criteria for selection.—
In general.—
Elements.—
Participation.—
Technical Assistance.—
In general.—
Provision of training.—
Collection of Information.—
Study on Effectiveness of Pilot Program.—
In general.—
Comparison.—
Criteria.—
Reports.—
Definitions.—
Eligible entity.—
Substance use disorder.—
REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON AFFORDABLE HOUSING FOR VETERANS.
Report Required.—
Time period.
Contents.—
Data.
Disaggregation.—
STUDY ON FINANCIAL AND CREDIT COUNSELING.
Study Required.—
Methodology.—
Survey.
Use and Variation of Services.—
Data.
Assessment.
Barriers to Counseling.—
Cost.
Evaluation and Assessment of Effects of Counseling.—
Effects.—
Data and recommendations.—
Determination.
Discharge by Contract.—
Mandatory Review of Data by Certain Elements of Department.—
Reviews required.—
Recommenda-
tions.
Submittal of findings.—
Specified elements.—
Reports.—
Interim report.—
Final report.—
In general.—
Contents.—
Recommenda-
tions.
Definition.—
Homeless veterans and veterans experiencing housing instability.—
Supportive services for veterans families program.—
OTHER MATTERS
38 USC 8121 note.
DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN RESILIENCY.
Report on Critical Items and Requirements.—
Participation in Warstopper Program.—
Deadline.
Contracts.
In general.—
Requirements.—
Guidance.
Reimbursement.—
Prohibition on Exclusive Reliance on Regional Inventories.—
Report on Implementation.—
In general.—
Contents.—
Implementation plan.
Updates to report.—
IMPROVEMENTS TO EQUAL EMPLOYMENT OPPORTUNITY FUNCTIONS OF DEPARTMENT OF VETERANS AFFAIRS.
Alignment of Equal Employment Opportunity Director.—
Reporting and duties.—
Deadline.
Conforming amendments.—
Alignment of EEO Program Managers.—
Deadline.
Reporting Harassment and Employment Discrimination Complaints.—
Training.—
Deadlines.
Deadlines.
38 USC 516 note.
Harassment and Employment Discrimination Policies and Directives.—
38 USC 516 note.
Semiannual Reports.—
DEPARTMENT OF VETERANS AFFAIRS INFORMATION TECHNOLOGY REFORM ACT OF 2022.
In General.—
38 USC
prec. 8171.
INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES
38 USC 8171.
Definitions
38 USC 8172.
Management of major information technology projects
Reports.
Cost, Schedule, and Performance Information.—
Estimate.
Implementation schedule.
Baseline.—
Deadline.
Update.
Deadline.
Notification.
Changes and Variances.—
Time period.
Management.—
38 USC 8173.
Information technology activities of the Financial Services Center
Management.—
Oversight.—
38 USC 8174.
Submission of annual reviews of information technology
In General.—
First Submission.—
38 USC 8175.
Information technology matters to be included in budget justification materials for the Department
List of Information Technology Projects in Effect.—
Prioritized List of Unfunded Projects.—
Assessment.
Cost.
Cost.
Time period.
Projected Funding Needs.—
Clerical Amendment.—
38 USC
prec. 8101.
Application and Report Regarding Management of Major Information Technology Projects.—
38 USC 8172 note.
Current and new major projects.—
Report on current projects.—
In general.—
Contents.—
38 USC 8172 note.
Definitions.—
38 USC 8173 note.
Information Technology Activities of the Financial Services Center.—
Effective date.—
Applicability.—
38 USC 8175 note.
Effective Date of Requirement for Projects in Budget Justification Materials.—
REPORT ON INFORMATION TECHNOLOGY DASHBOARD INFORMATION.
Report.—
Records.
Appropriate Congressional Committees Defined.—
IMPROVEMENTS TO TRANSPARENCY OF LAW ENFORCEMENT OPERATIONS OF DEPARTMENT OF VETERANS AFFAIRS.
Provision of Information.—
Web posting.
Summaries.
Time period.
Deadlines.
Use of Body Worn Cameras by Department Police Officers.—
Requirement.—
38 USC 902 note.
Guidance.—
Consultation.—
Data and Reporting on Police Incidents.—
Analysis.
Police Incidents.—
Deadline.
Review.
Investigate.
Plan on Police Staffing.—
Report on Implementation.—
In general.—
Contents.—
Cost estimates.
Recommenda-
tions.
38 USC 902 note.
Definitions.—
Body worn camera.—
Department police officer.—
38 USC 303 note.
PLAN FOR REDUCTION OF BACKLOG OF FREEDOM OF INFORMATION ACT REQUESTS.
Plan.—
Deadline.
In general.—
Elements.—
Schedule.
Compliance Assessment.—
Reports.—
Initial report.—
In general.—
Contents.—
Analysis.
Recommenda-
tions.
Time period.
Annual reports.—
Public information.
Web posting.
Publication.—
Definition of Backlog of Freedom of Information Act Requests.—
MEDAL OF HONOR SPECIAL PENSION TECHNICAL CORRECTION.
In General.—
134 Stat. 4969
Correction to Certain Pension Payments.—
Correct codification.—
38 USC 1562 note.
Retroactive effective date.—
38 USC 1562 note.
Treatment of Certain Pension Payments.—
In general.—
Time periods.
Payments described.—
IMPOSITION OF CAP ON EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS WHO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY COUNSELING.
Reimposition of Cap.—
In general.—
Time period.
Effective date.
Effective date.
Notification.
Regulations.
Repeal.
Conforming amendment.—
Time periods.
Report.—
Public information.
Web posting.
38 USC 516 note.
Annual Reports.—
Estimate.
Deadline.
Independent Assessment.—
Recommenda-
tions.
assessment shall include such recommendations as the Secretary may have for improving such ratio and the ability of the Department to provide equal employment opportunity counseling.Support The Resiliency of Our Nation’s Great Veterans Act of 2022.
STRONG VETERANS ACT OF 2022
SHORT TITLE; TABLE OF CONTENTS.
38 USC 101 note.
Short Title.—
Table of Contents.—
TRAINING TO SUPPORT VETERANS’ MENTAL HEALTH
Deadlines.
MENTAL HEALTH AND SUICIDE PREVENTION OUTREACH TO MINORITY VETERANS AND AMERICAN INDIAN AND ALASKA NATIVE VETERANS.
38 USC 1712A note.
Staffing Requirement.—
38 USC 1712A note.
Training.—
Plan.
Records.
38 USC 1712A note.
Coordination With Suicide Prevention Coordinators.—
Schedule.
List.
Report.—
Review.
Review.
Time period.
38 USC 1712A note.
EXPANSION OF VET CENTER WORKFORCE.
Deadline.
In General.—
Vet Center Defined.—
38 USC 7401 note.
EXPANSION OF MENTAL HEALTH TRAINING FOR DEPARTMENT OF VETERANS AFFAIRS.
Deadline.
In General.—
Covered Mental Health Disciplines Defined.—
EXPANSION OF SCHOLARSHIPS AND LOAN REPAYMENT PROGRAMS FOR MENTAL HEALTH PROVIDERS.
38 USC 7611 note.
Expansion of Health Professional Scholarship Program.—
38 USC 7681 note.
Expansion of Education Debt Reduction Program.—
Effective date.
In general.—
Authorization of appropriations.—
38 USC 7401 note.
Outreach.—
Deadline.
In general.—
Elements.—
VETERANS CRISIS LINE
Definition.
38 USC 1720F note.
VETERANS CRISIS LINE.
Veterans Crisis Line Training and Quality Management
Deadlines.
STAFF TRAINING.
Review of Training for Veterans Crisis Line Call Responders.—
Contracts.
In general.—
Completion of review.—
Elements of review.—
Update of training.—
Retraining Guidelines for Veterans Crisis Line Call Responders.—
In general.—
Elements of guidelines.—
QUALITY REVIEW AND MANAGEMENT.
Monitoring of Calls on Veterans Crisis Line.—
Requirement.
In general.—
Benchmarks.—
Quarterly reports.—
Quality Management Processes for Veterans Crisis Line.Deadline.
—
Annual Common Cause Analysis for Callers to Veterans Crisis Line Who Die by Suicide.—
In general.—
Submittal of results.—
Application of themes or lessons.—
Deadlines.
GUIDANCE FOR HIGH-RISK CALLERS.
Updates.
Development of Enhanced Guidance and Procedures for Response to Calls Related to Substance Use and Overdose Risk.—
Criteria.
Review and Improvement of Standards for Emergency Dispatch.—
In general.—
Update.
Training.—
OVERSIGHT OF TRAINING OF SOCIAL SERVICE ASSISTANTS AND CLARIFICATION OF JOB RESPONSIBILITIES.
Deadline.
later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall—Pilot Programs and Research on Veterans Crisis Line
Deadlines.
PILOT PROGRAMS.
Extended Safety Planning Pilot Program for Veterans Crisis Line.—
Determination.
In general.—
Recommenda-
tions.
Briefing.—
Crisis Line Facilitation Pilot Program.—
In general.—
Briefing.—
Definitions.—
Time periods.
AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH ON EFFECTIVENESS AND OPPORTUNITIES FOR IMPROVEMENT OF VETERANS CRISIS LINE.
Transition of Crisis Line Number
FEEDBACK ON TRANSITION OF CRISIS LINE NUMBER.
In General.—
Nonapplication of FACA.—
Veterans Service Organization Defined.—
OUTREACH TO VETERANS
38 USC 1712A note.
DESIGNATION OF BUDDY CHECK WEEK BY SECRETARY OF VETERANS AFFAIRS.
In General.—
Educational Opportunities.—
In general.—
Training matters.—
Public information.
Web posting.
Online materials.—
Outreach.—
Veterans Crisis Line Plan.—
In general.—
Submittal of plan.—
Definitions.—
38 USC 6303 note.
IMPROVEMENTS TO VETERANS JUSTICE OUTREACH PROGRAM.
Outreach Requirement.—
Strategic Plan.—
Assessment.
Analysis.
Increase in Number of VJO Specialists.—
Determination.
Increase.—
Determination.—
Use of technology.—
Performance Goals and Implementation Plans.—
Establishment.—
Consistency with strategic plan.—
Analysis.
Performance data.—
Deadline.
Training Requirement.—
Reports on Implementation.—
First report.—
Assessment.
Subsequent report.—
Report on Veterans Treatment Courts.—
Definitions.—
38 USC 1720F note.
DEPARTMENT OF VETERANS AFFAIRS GOVERNORS CHALLENGE PROGRAM.
MENTAL HEALTH CARE DELIVERY
EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
Expansion.—
Timeframe for Expansion of Program; Selection of Additional Locations.—
Timeframe for expansion.—
Selection of additional locations.—
Reports.—
Periodic reports.—
In general.—
Assessments.
Elements.—
Determination.
Notification.
Final report.—
Time periods.
Authorization of Appropriations.—
EXPANSION OF VET CENTER SERVICES.
Veterans and Members Using Educational Assistance Benefits.—
Definition.
Assessments.
GAO Report.—
ELIGIBILITY FOR MENTAL HEALTH SERVICES.
In General.—
38 USC 1712A note.
Effective Date.—
38 USC 1167.
MENTAL HEALTH CONSULTATIONS.
Mental Health Consultations for Veterans Filing for Compensation.—
In general.—
Mental health consultations
Deadline.
Assessment.
In General.—
Availability.—
Rule of Construction.—
Clerical amendment.—
38 USC
prec. 1101.
Mental Health Consultations for Veterans Entering Homeless Programs Office Programs.—
In general.—
38 USC 2068.
Mental health consultations
Deadline.
Assessment.
In General.—
Veteran Described.—
Clerical amendment.—
38 USC
prec. 2001.
RESEARCH
38 USC note
prec. 3001.
VETERANS INTEGRATION TO ACADEMIC LEADERSHIP PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS.
Assessments.
Report.—
Uniform Best Practices, Goals, and Measures.—
Outreach.—
Assessment.—
Definitions.—
38 USC 1701 note.
IMPROVEMENT OF SLEEP DISORDER CARE FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS.
In General.—
Analysis.—
Assessment.
Report.—
Authorization of Appropriations for In-Home Sleep Studies.—
STUDY ON INPATIENT MENTAL HEALTH AND SUBSTANCE USE CARE FROM DEPARTMENT OF VETERANS AFFAIRS.
Deadline.
Determination.
In General.—
Recommendations for Modifications to Treatment Programs.—
Report.—
STUDY ON TREATMENT FROM DEPARTMENT OF VETERANS AFFAIRS FOR CO-OCCURRING MENTAL HEALTH AND SUBSTANCE USE DISORDERS.
Deadline.
Examination.
In General.—
Report.—
In general.—
Elements.—
Recommenda-
tions.
STUDY ON WORKLOAD OF SUICIDE PREVENTION TEAMS OF DEPARTMENT OF VETERANS AFFAIRS.
Evaluation.
In General.—
Elements.—
Determination.
Report.—
List.
38 USC 7303 note.
EXPANSION OF SUICIDE PREVENTION AND MENTAL HEALTH RESEARCH.
Research on Moral Injury.—
Authorization of Appropriations.—
STUDY ON MENTAL HEALTH AND SUICIDE PREVENTION SUPPORT FOR MILITARY FAMILIES.
In General.—
Report.—
In general.—
Definitions.—
RESEARCH ON BRAIN HEALTH.
STUDY ON EFFICACY OF CLINICAL AND AT-HOME RESOURCES FOR POST-TRAUMATIC STRESS DISORDER.
Unleashing American Innovators
Act of 2022.
UNLEASHING AMERICAN INNOVATORS ACT OF 2022
35 USC 1 note.
SHORT TITLE.
35 USC 1 note.
DEFINITIONS.
Director.—
Office.—
Patent pro bono programs.—
Southeast region of the united states.—
SATELLITE OFFICES.
Amendments to Purpose and Required Considerations.—
35 USC 1 note.
Southeast Regional Office.—
Deadline.
Establishment.
In general.—
Considerations.—
Deadline.
Determination.
Study on Additional Satellite Offices.—
35 USC 1 note.
COMMUNITY OUTREACH OFFICES.
Establishment.—
Deadline.
In general.—
Restriction.—
Requirement for northern new england region.—
In general.—
Considerations.—
Purposes.—
35 USC 2 note.
UPDATES TO THE PATENT PRO BONO PROGRAMS.
Study and Updates.—
Deadline.
In general.—
Scope of the study.—
Assessment.
Recommenda-
tions.
Update.
Use of Results.—
Expansion of Income Eligibility.—
In general.—
Rule of construction.—
35 USC 131 note.
PRE-PROSECUTION ASSESSMENT PILOT PROGRAM.
Deadline.
Assessments.
Pilot Program.—
Considerations.—
Notification.
Procedures.
Procedures.
FEE REDUCTION FOR SMALL AND MICRO ENTITIES.
Title 35.—
False Certifications.—
Determination.
Penalty for False Assertions.—
Penalty for False Certifications.—
Leahy-Smith America Invents Act.—
Study on Fees.—
Deadline.
In general.—
Scope of study.—
Assessments.
Recommenda-
tions.
EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR DOMESTIC TRAFFICKING VICTIMS’ FUND
EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR DOMESTIC TRAFFICKING VICTIMS’ FUND.
Continuity for Operators with Necessary Training Required for ATC Contract Towers Act of 2022.
CONTRACT ACT OF 2022
SHORT TITLE.
5 USC 101 note.
ANNUITY SUPPLEMENT.
Computers for Veterans and Students Act of 2022.
COVS ACT
40 USC 101 note.
SHORT TITLE.
40 USC 549a note.
FINDINGS.
REFURBISHMENT AND DISTRIBUTION OF SURPLUS COMPUTERS AND TECHNOLOGY EQUIPMENT.
In General.—
40 USC 549a.
Donation of personal property through nonprofit refurbishers
Deadline.
Transfer authority.
Authorization.—
Eligibility, Participation, and Duties.—
Determination.
Eligibility.—
Participation.—
Duties of refurbishers.—
Reporting Requirements.—
Refurbisher reports.—
Public information.
Lists.
Administrator reports.—
Public information.
Agency reports.—
Regulations.—
Determination.
Determination.
Judicial Review.—
Rule of Construction.—
Definitions.—
Administrator.—
Digital divide.—
Disability.—
Educational institution.—
Eligible recipient.—
Institution of higher education.—
Low-income individual.—
Nongovernmental entity.—
Nonprofit computer refurbisher.—
Nonprofit organization.—
Repairable.—
Secondary school.—
Senior.—
Senior in need.—
State agency for surplus property.—
Student.—
Surplus computer or technology equipment.—
Technology equipment.—
Veteran.—
40 USC
prec. 501.
Conforming Amendment.—
FINANCIAL SERVICES MATTERS
REGISTRATION FOR INDEX-LINKED ANNUITIES
15 USC 77s note.
PARITY FOR REGISTERED INDEX-LINKED ANNUITIES REGARDING REGISTRATION RULES.
Definitions.—
Commission.—
Investment company.—
Market value adjustment.—
Purchaser.—
Registered index-linked annuity.—
Security.—
Rules.—
Deadlines.
In general.—
Design of form.—
Treatment if Rules Not Prepared and Finalized in a Timely Manner.—
In general.—
Preparation.—
Termination.—
Rules of Construction.—
Masih Alinejad Harassment and Unlawful Targeting Act of 2022.
MASIH ALINEJAD HUNT ACT OF 2022
22 USC 8501 note.
SHORT TITLE.
22 USC 8561.
FINDINGS.
Jamshid Sharmand.
Habib Chabi.
Masoud Molavi Vardanjani.
Ruhollah Zam.
Ali Javanmardi.
Roya Hakakian.
Ahmad Mola Nissi.
Reza Kolahi Samadi.
Salman Rushdie.
Fereydoun Farrokhzad.
Ali Akbar Tabatabaei.
Dawud Salahuddin.
Shahriar Shafiq.
Shapour Bakhtiar.
Gholam Ali Oveissi.
22 USC 8562.
DEFINITIONS.
Admission; admitted; alien.—
Appropriate congressional committees.—
Correspondent account; payable-through account.—
Foreign financial institution.—
Foreign person.—
United states person.—
22 USC 8563.
REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT IN ABUSES TOWARD DISSIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.
Report Required.—
In general.—
Assessment.
Determination.
Updates of report.—
Time period.
Form of report.—
In general.—
Web posting.
Public availability.—
President.
Imposition of Sanctions.—
Sanctions Described.—
President.
Blocking of property.—
Inadmissibility of certain individuals .—
Ineligibility for visas and admission to the united states.—
Current visas revoked.—
In general.—
Immediate effect.—
22 USC 8564.
REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS CONDUCTING SIGNIFICANT TRANSACTIONS WITH PERSONS RESPONSIBLE FOR OR COMPLICIT IN ABUSES TOWARD DISSIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.
Report Required.—
Imposition of Sanctions.—
22 USC 8565.
EXCEPTIONS; WAIVERS; IMPLEMENTATION.
Exceptions.—
Exception for intelligence, law enforcement, and national security activities.—
Exception to comply with united nations headquarters agreement.—
President.
National Interests Waiver.—
Determination.
Reports.
Implementation; Penalties.—
President.
Implementation.—
Penalties.—
22 USC 8566.
EXCEPTION RELATING TO IMPORTATION OF GOODS.
In General.—
Good Defined.—
TRADING PROHIBITIONS
TRADING PROHIBITION FOR 2 CONSECUTIVE NON-INSPECTION YEARS.
ANTI-MONEY LAUNDERING WHISTLEBLOWER IMPROVEMENT
WHISTLEBLOWER INCENTIVES AND PROTECTIONS.
In General.—
Awards.—
Regulations.
Payment.
In general.—
Payment of awards.—
In general.—
Related actions.—
Source of awards.—
In general.—
Use of fund.—
Restrictions on use of fund.—
Deposits and credits.—
In general.—
Additional amounts.—
Exception.—
Investments.—
Amounts in fund may be invested.—
Eligible investments.—
Interest and proceeds credited.—
Technical and Conforming Amendments.—
SMALL BUSINESS MERGERS, ACQUISITIONS, SALES, AND BROKERAGE SIMPLIFICATION
REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.
In General.—
Registration exemption for merger and acquisition brokers.—
In general.—
Excluded activities.—
Disqualification.—
Rule of construction.—
Definitions.—
Business combination related shell company.—
Control.—
Eligible privately held company.—
Determination.
purposes of this subclause, the Commission may by rule modify the dollar figures if the Commission determines that such a modification is necessary or appropriate in the public interest or for the protection of investors.M&A broker.—
Time period.
Shell company.—
Inflation adjustment.—
Effective date.
Time period.
In general.—
Rounding.—
15 USC 78o note.
Effective Date.—
PUBLIC AND FEDERALLY ASSISTED HOUSING FIRE SAFETY
SMOKE ALARMS IN FEDERALLY ASSISTED HOUSING.
Public Housing, Tenant-Based Assistance, and Project-Based Assistance.—
Qualifying smoke alarms.—
In general.—
Definitions.—
Smoke alarm defined.—
Qualifying smoke alarm defined.—
Qualifying Smoke Alarms.—
In general.—
Definitions.—
Smoke alarm defined.—
Qualifying smoke alarm defined.—
Qualifying smoke alarms.—
In general.—
Applicability.
Definitions.—
Smoke alarm defined.—
Qualifying smoke alarm defined.—
Supportive Housing for the Elderly.—
Qualifying smoke alarms.—
In general.—
Applicability.
Definitions.—
Smoke alarm defined.—
Qualifying smoke alarm defined.—
Supportive Housing for Persons With Disabilities.—
Qualifying smoke alarms.—
In general.—
Applicability.
Definitions.—
Smoke alarm defined.—
Qualifying smoke alarm defined.—
Housing Opportunities for Persons With AIDS.—
Qualifying Smoke Alarms.—
In general.—
Applicability.
Definitions.—
Smoke alarm defined.—
Qualifying smoke alarm defined.—
Rural Housing.—
Qualifying Smoke Alarms.—
In general.—
Applicability.
Definitions.—
Smoke alarm defined.—
Qualifying smoke alarm defined.—
Qualifying Smoke Alarms.—
In general.—
Applicability.
Definitions.—
Smoke alarm defined.—
Qualifying smoke alarm defined.—
Farm Labor Housing Direct Loans & Grants.—
Definition.
Definition.
Time period.
Authorization of Appropriations.—
12 USC 1701q note.
Effective Date.—
12 USC 1701q note.
No Preemption.—
Benjamin Berell Ferencz Congressional Gold Medal Act.
BENJAMIN BERELL FERENCZ CONGRESSIONAL GOLD MEDAL
31 USC 5111 note.
SHORT TITLE.
FINDINGS.
CONGRESSIONAL GOLD MEDAL.
Presentation Authorized.—
Design and Striking.—
Disposition of Medal.—
DUPLICATE MEDALS.
In General.—
United States Holocaust Memorial Museum.—
In general.—
Sense of congress.—
STATUS OF MEDALS.
National Medals.—
Numismatic Items.—
AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
Authority to Use Fund Amounts.—
Proceeds of Sale.—
CONGRESSIONAL OVERSIGHT COMMISSION
TERMINATION OF CONGRESSIONAL OVERSIGHT COMMISSION.
FLOOD INSURANCE
REAUTHORIZATION OF NATIONAL FLOOD INSURANCE PROGRAM.
Financing.—
Program Expiration.—
42 USC 4016 note.
Retroactive Effective Date.—
CONSUMER PROTECTION AND COMMERCE
MANUFACTURING.GOV
15 USC 1512 note.
MANUFACTURING.GOV HUB.
Definition.—
Deadline.
Website.
Establishment.—
Functions.—
No Additional Funds.—
STURDY
15 USC 2056f.
CONSUMER PRODUCT SAFETY STANDARD TO PROTECT AGAINST TIP-OVER OF CLOTHING STORAGE UNITS.
Clothing Storage Unit Defined.—
CPSC Determination of Scope.—
Consumer Product Safety Standard Required.—
Deadline.
In general.—
Examination.
Assessment.
Regulations.
Effective date.
Requirements.—
Testing clarification.—
Treatment of standard.—
Adoption of Voluntary Standard.—
Deadline.
Regulation.
In general.—
Effective date.
Such standard shall take effect 120 days after the date of the promulgation of the rule, or such a later date as the Commission determines appropriate. Such standard will supersede any other existing standard for clothing storage units to protect children from tip-over-related death or injury.Requirements.—
Publication.
Deadline.
Determination.
Notice required to be published in the federal register.—
Revision of Voluntary Standard.—
Notice to commission.—
Deadline.
Determination.
Treatment of revision.—
Effective date.
The modified standard shall take effect after 180 days or such later date as the Commission deems appropriate.Subsequent Rulemaking.—
Effective date.
Determination.
In general.—
Petition for revision of rule.—
Determination.
Deadline.
In general.—
Determination.
Deadline.
Demonstration of compliance.—
Treatment of rules.—
INFORM CONSUMERS
15 USC 45f.
COLLECTION, VERIFICATION, AND DISCLOSURE OF INFORMATION BY ONLINE MARKETPLACES TO INFORM CONSUMERS.
Collection and Verification of Information.—
Deadlines.
Collection.—
In general.—
Bank account.—
In general.—
Provision of information.—
Contact information.—
Records.
Tax id.—
Working email and phone number.—
Notification of change; annual certification.—
Suspension.—
Verification.—
Deadlines.
In general.—
Presumption of verification.—
Data use limitation.—
Procedures.
Compliance.
Data security requirement.—
Disclosure Required.—
Requirement.—
In general.—
Information described.—
Exception.—
Certifications.
In general.—
Certification.
Deadline.
Limitation on exception.—
Reporting mechanism.—
Notice.
Deadline.
Suspension.
Compliance.—
Enforcement by Federal Trade Commission.—
Unfair and deceptive acts or practices.—
Powers of the commission.—
In general.—
Privileges and immunities.—
Regulations.—
Authority preserved.—
Enforcement by State Attorneys General.—
In general.—
Records.
Notice.—
Intervention by the commission.—
Limitation on state action while federal action is pending.—
Rule of construction.—
Actions by other state officials.—
In general.—
Savings provision.—
Severability.—
Definitions.—
Commission.—
Consumer product.—
High-volume third party seller.—
Time periods.
In general.—
Clarification.—
Online marketplace.—
Seller.—
Third party seller.—
In general.—
Exclusions.—
Verify.—
Relationship to State Laws.—
Effective Date.—
VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT REAUTHORIZATION
COVERED ENTITY DEFINED.
In General.—
Covered entity.—
Indian tribe.—
Technical Correction.—
SWIMMING POOL SAFETY GRANT PROGRAM.
In General.—
SWIMMING POOL SAFETY GRANT PROGRAM.
In General.—
Eligibility.—
Amount of Grant.—
Determination.
Use of Grant Funds.—
Authorization of Appropriations.—
Conforming Amendments.—
State Defined.—
REAUTHORIZATION OF CPSC EDUCATION AND AWARENESS PROGRAM.
EDUCATION AND AWARENESS PROGRAM.
In General.—
Authorization of Appropriations.—
Reporting Attacks from Nations Selected for Oversight and Monitoring Web Attacks and Ransomware from Enemies Act.
RANSOMWARE ACT
SHORT TITLE.
INCLUSION OF REPORT.
134 Stat. 837
REPORT ON RANSOMWARE AND OTHER CYBER-RELATED ATTACKS BY CERTAIN FOREIGN INDIVIDUALS, COMPANIES, AND GOVERNMENTS.
In General.—
Recommenda-
tions.
Recommenda-
tions.
Recommenda-
tions.
Individuals, Companies, and Governments Described.—
TRAVEL AND TOURISM
15 USC 9801.
DEFINED TERM.
Visit America Act.
Travel Promotion
15 USC 9801 note.
SHORT TITLE.
15 USC 9802.
PURPOSES.
15 USC 9802 note.
SENSE OF CONGRESS.
ASSISTANT SECRETARY OF COMMERCE FOR TRAVEL AND TOURISM.
19 USC 2171 note.
15 USC 9803.
RESPONSIBILITIES OF THE ASSISTANT SECRETARY OF COMMERCE FOR TRAVEL AND TOURISM.
Visitation Goals.—
Domestic Travel and Tourism.—
Workforce.—
Facilitation of International Business Travel.—
Recovery Strategies.—
Deadline.
In general.—
Cost-benefit analysis.—
Reporting Requirements.—
Assistant secretary.—
Bureau of economic analysis.—
National travel and tourism office.—
15 USC 9804.
TRAVEL AND TOURISM STRATEGY.
Deadline.
Time period.
less frequently than once every 10 years, the Secretary of Commerce, in consultation with the United States Travel and Tourism Advisory Board, the Tourism Policy Council, the Secretary of State, and the Secretary of Homeland Security, shall develop and submit to Congress a 10-year travel and tourism strategy, which shall include—UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.Recommenda-
tions.
UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.
Appointment.
In General.—
Executive Director.—
Executive Secretariat.—
Functions.—
Recovery Strategies.—
15 USC 9805.
DATA ON DOMESTIC TRAVEL AND TOURISM.
15 USC 9801 note.
COMPLETION OF PROCEEDING.
Travel Safety
STUDY AND REPORT ON EFFECTS OF COVID–19 PANDEMIC ON TRAVEL AND TOURISM INDUSTRY IN UNITED STATES.
Definitions.—
Pandemic period.—
Secretary.—
Travel and tourism industry.—
Interim Study and Report.—
In general.—
Public information.
Web posting.
Availability.—
In General.—
Matters for Consideration.—
Analysis.
Consultation and Public Comment.—
Report to Congress.—
In general.—
Recommenda-
tions.
Public information.
Web posting.
Availability.—
WATER RELATED MATTERS
EXTENSION OF AUTHORIZATIONS RELATED TO FISH RECOVERY PROGRAMS.
COLORADO RIVER SYSTEM CONSERVATION PILOT PROGRAM.
California.
SALTON SEA PROJECTS.
Additional Project Authorities.—
Grants.
Contracts.
In general.—
Included activities.—
AUTHORIZATION OF SUN RIVER PROJECT, MONTANA.
Authorization.—
Effect.—
ELIGIBILITY UNDER THE INFRASTRUCTURE INVESTMENT AND JOBS ACT OF SMALL WATER STORAGE AND GROUNDWATER STORAGE PROJECTS.
PUBLIC LAND MANAGEMENT
43 USC 776 note.
DEFINITION OF SECRETARY.
DEPARTMENT OF THE INTERIOR PROVISIONS
43 USC 1732 note.
PILOT PROGRAM FOR NATIVE PLANT SPECIES.
Definitions.—
Invasive species.—
Locally adapted.—
Native plant species.—
Nonnative.—
Plant material.—
Establishment.—
Implementation.—
Coordination.—
Termination of Authority.—
Report.—
REAUTHORIZATION OF THE HIGHLANDS CONSERVATION ACT.
118 Stat. 2375.
Highlands region.—
118 Stat. 2376.
Request for Inclusion of Additional Municipality.—
Limitation on Administrative Expenses.—
Federal administration.—
State administration.—
118 Stat. 2377.
118 Stat. 2378.
byAppraisal Methodology.—
In general.—
Alternative appraisal methodology.—
43 USC 776.
CADASTRE OF FEDERAL REAL PROPERTY.
Definitions.—
Cadastre.—
In general.—
Inclusions.—
Federal real property.—
In general.—
Exclusions.—
Real property.—
Secretary concerned.—
Cadastre of Federal Real Property.—
Deadline.
Interagency data standardization.—
Deadline.
Development of cadastre.—
Inventory.
Consolidation and report.—
Implementation plan.
Cost estimate.
Assessment.
Recommenda-
tions.
Coordination.—
In general.—
Contracts considered surveying and mapping.—
In general.—
Selection procedures.—
Transparency and Public Access.—
Web posting.
Data.
Applicable Law.—
Effect.—
SALE OR LEASE OF LAND TO FEDERALLY RECOGNIZED INDIAN TRIBES UNDER THE RECREATION AND PUBLIC PURPOSES ACT.
Application; Acreage Limitations.—
Conveyance.—
FOREST SERVICE PROVISIONS
ADMINISTRATION OF THE LAND BETWEEN THE LAKES NATIONAL RECREATION AREA.
Definitions.—
Qualified resident or relative.—
Establishment.—
Status of unit.—
Advisory Board.—
Nonconsecutive terms.—
Public information.
Web posting.
Minutes.—
Fees.—
Disposition of Receipts.—
Use.—
Restriction on Use of Fund.—
Cooperative Authorities and Gifts.—
Memoranda of Understanding.—
Public information.
Web posting.
Cemeteries.—
In General.—
Land for Plots for Qualified Residents or Relatives.—
Requests.—
Expenses.—
Resource Management.—
Historical Resources.—
In general.—
Consideration.—
Consultation.
Authorization of Appropriations.—
Use of Funds.—
In general.—
Exception.—
HAWAII NATIONAL FOREST STUDY.
Definitions.—
Secretary.—
Study area.—
Study.—
In general.—
Determination.
Coordination and consultation.—
Contents.—
Evaluation.
Determination.
Evaluation.
Evaluation.
Effect.—
Report.—
LAND CONVEYANCES AND EXCHANGES
South Dakota.
GILT EDGE MINE CONVEYANCE.
Definitions.—
Federal land.—
Map.—
Secretary.—
State.—
Land Conveyance.—
In general.—
Terms and conditions.—
Appraisal.—
136 STAT. 5586Determination.
In general.—
Standards.—
Map.—
Availability of map.—
Correction of errors.—
Consideration.—
Survey.—
Costs of conveyance.—
Proceeds from the sale of land.—
Environmental conditions.—
CONVEYANCES TO THE UNIVERSITY OF ALASKA.
Definitions.—
Available state-selected land.—
Inholding.—
Secretary.—
State.—
University.—
Establishment.—
Identification of Land to Be Conveyed to the University.—
Deadline.
In general.—
Technical assistance.—
Maps.—
Notification.
Conveyance.—
Terms and conditions.—
136 STAT. 5588Maximum acreage.—
Letters of concurrence.—
Acreage charged against alaska statehood act entitlement.—
Survey costs.—
Submerged lands.—
University of Alaska Inholdings.—
In general.—
Determination.
Appraisals.—
Equal value exchanges.—
Purchase acquisitions.—
Requirement.—
Administration of Conveyed or Exchanged Land.—
State and University Participation.—
Deadline.
Congressional Notification.—
No Effect on Alaska Statehood Act Entitlement.—
BONNEVILLE SHORELINE TRAIL WILDERNESS BOUNDARY ADJUSTMENTS.
Wilderness Area Included in Mount Olympus Wilderness.—
Wilderness Boundary Adjustments.—
Mount naomi wilderness boundary adjustment.—
Adjustment.—
Mount Naomi Wilderness Boundary Adjustment.—
Management.—
Mount olympus wilderness boundary adjustment.—
Adjustment.—
Mount Olympus Wilderness Boundary Adjustment.—
Management.—
Twin peaks wilderness boundary adjustment.—
Adjustment.—
Twin Peaks Wilderness Boundary Adjustment.—
Management.—
Lone peak wilderness boundary adjustment.—
Adjustment.—
Management.—
Rule of Construction.—
Map.—
Map on file.—
Corrections.—
ARIZONA EXPERIMENT STATION LAND CONVEYANCE.
Definitions.—
Easement.—
Federal land.—
Secretary.—
University.—
Coconino National Forest Land Conveyance.—
Deadlines.
Conveyance authorized.—
Terms and conditions.—
Forest service access.—
Appraisal.—
Deadline.
Determination.
In general.—
Standards.—
Washington.
WIND RIVER ADMINISTRATIVE SITE CONVEYANCE.
Definitions.—
County.—
Map.—
Secretary.—
Deadlines.
Conveyance of Land and Improvements.—
Map.—
Availability of map.—
Correction of errors.—
Terms and Conditions.—
In general.—
Reversion.—
Federal Property Disposal.—
Hazardous Materials.—
Closing Costs.—
Survey.—
Determination.
In general.—
Costs of survey.—
Use of Land.—
In general.—
Reversion.—
RIGHT-OF-WAY PERMIT FOR NATURAL GAS DISTRIBUTION MAIN SEGMENT AT VALLEY FORGE NHP.
In General.—
Applicability.
Scope of Authority.—
Definitions.—
Covered main segment.—
Park.—
WILD AND SCENIC RIVER DESIGNATIONS
DESIGNATION OF YORK WILD AND SCENIC RIVER, MAINE.
Designation.—
York river, maine.—
16 USC 1274 note.
Management of York Wild and Scenic River, Maine.—
Definitions.—
Covered segment.—
State.—
Stewardship committee.—
Stewardship plan.—
Stewardship plan.—
In general.—
Comprehensive management plan.—
Coordination with committee.—
Cooperative agreements.—
In general.—
Consistency.—
Land management.—
Zoning ordinances.—
Acquisition of land.—
No condemnation.—
Relation to the national park system.—
DESIGNATION OF HOUSATONIC WILD AND SCENIC RIVER, CONNECTICUT.
Amendments to Wild and Scenic Rivers Act.—
Housatonic river, connecticut.—
136 STAT. 5597In general.—
Effects on hydroelectric facilities.—
16 USC 1274 note.
Management.—
Process.—
Comprehensive management plan.—
Cooperative management.—
In general.—
Cooperative agreements.—
Zoning ordinances.—
Acquisition of lands.—
No condemnation.—
Relation to the national park system.—
Definitions.—
Management plan.—
Housatonic river segments.—
DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, LITTLE MANATEE RIVER, FLORIDA.
In General.—
Little manatee river, florida.—
Study and Report.—
Little manatee river, florida.—
16 USC 1276 note.
Effect on Management.—
DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, KISSIMMEE RIVER, FLORIDA.
In General.—
Kissimmee river, florida.—
Studies and Reports.—
Deadline.
Kissimmee river, florida.—
16 USC 1276 note.
Effect on Management.—
NATIONAL TRAILS SYSTEM
DESIGNATION OF THE CHILKOOT NATIONAL HISTORIC TRAIL.
Chilkoot national historic trail.—
In general.—
Availability of map.—
Administration.—
Effect.—
Coordination of activities.—
ALASKA LONG NATIONAL SCENIC TRAIL STUDY.
Alaska long trail.—
In general.—
Requirement.—
Consultation.—
Ohio.
BUCKEYE NATIONAL SCENIC TRAIL FEASIBILITY STUDY.
Buckeye trail.—
NATIONAL PARK SERVICE PROVISIONS
Additions to the National Park System
Illinois.
54 USC 320101 note.
NEW PHILADELPHIA NATIONAL HISTORIC SITE.
Definitions.—
Historic site.—
State.—
Establishment of New Philadelphia National Historic Site.—
Establishment.—
Purpose.—
Boundary.—
Administration.—
In general.—
Cooperative agreements.—
136 STAT. 5602In general.—
Public access.—
Acquisition of land.—
In general.—
Limitation.—
Technical and preservation assistance.—
Deadline.
Management plan.—
Modifications to Existing Units of the National Park System
54 USC 320301 note.
SUNSET CRATER VOLCANO NATIONAL MONUMENT BOUNDARY ADJUSTMENT.
Definitions.—
Federal land.—
Map.—
Monument.—
Secretary.—
Sunset Crater Volcano National Monument Boundary Modification.—
Transfer of administrative jurisdiction to national park service.—
Map availability.—
Boundary modification.—
Administration.—
ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK.
Nystrom Elementary School Addition.—
Areas Included.—
In general.—
Availability of maps.—
Administration.—
Nystrom elementary school.—
Cooperative Agreements.—
West contra costa unified school district.—
In general.—
Visitor interpretation.—
16 USC
459b–7 note.
CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.
Effective date.
September 26, 2018, section 8 of Public Law 87–126 (16 U.S.C. 459b–7)CANE RIVER CREOLE NATIONAL HISTORICAL PARK BOUNDARY MODIFICATION.
USE OF CERTAIN ROADS WITHIN THE DELAWARE WATER GAP NATIONAL RECREATION AREA.
WILSON’S CREEK NATIONAL BATTLEFIELD BOUNDARY MODIFICATION.
Availability of maps.—
Additional land.—
In general.—
Newtonia battlefield addition.—
Errors.—
Method of acquisition.—
STE. GENEVIEVE NATIONAL HISTORICAL PARK BOUNDARY REVISION.
Definitions.—
Secretary.—
Authority To Correct Errors in Map.—
In general.—
Authority to correct errors.—
Visitor Center and Administrative Facilities.—
Visitor center.—
Administrative facilities.—
CONVEYANCE OF CERTAIN FEDERAL LAND IN MAINE FOR AFFORDABLE WORKFORCE HOUSING.
Illinois.
16 USC 410jjjj.
DESIGNATION OF PULLMAN NATIONAL HISTORICAL PARK.
Definitions.—
Historical park.—
Map.—
Redesignation of Pullman National Monument.—
In general.—
Availability of funds.—
References.—
Proclamation.—
Purposes.—
Administration.—
Cooperative Agreements.—
In general.—
Public access.—
Use of Funds.—
In general.—
Determination.
Reimbursement.
Inconsistent purposes.—
Acquisition of Land.—
Deadline.
Management Plan.—
PALO ALTO BATTLEFIELD NATIONAL HISTORIC PARK BOUNDARY ADDITION.
Boundary.—
In general.—
136 STAT. 5608Legal Description.—
Virgin Islands.
16 USC 398 note.
INSTALLATION OF PLAQUE COMMEMORATING SLAVE REBELLION ON ST. JOHN.
Deadline.
In General.—
Contents of Plaque.—
National Park Service Studies
Ohio.
SPECIAL RESOURCE STUDY OF JOHN P. PARKER HOUSE.
Definition of Study Area.—
Study.—
In general.—
Contents.—
Evaluation.
Determination.
Consultation.
Study requirements.—
Report.—
DEARFIELD, COLORADO, SPECIAL RESOURCE STUDY.
Oliver Toussaint Jackson.
Definition of Study Area.—
Study.—
In general.—
Contents.—
Evaluation.
Determination.
Consultation.
Applicable law.—
Report.—
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.
Definition of Study Area.—
Study.—
Contents.—
Evaluation.
Determination.
Consultation.
Applicable Law.—
Report.—
RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA.
Definition of Study Area.—
Special Resource Study.—
Study.—
Contents.—
Evaluation.
Determination.
Consultation.
Applicable law.—
Report.—
National Park Service Programs
Maryland.
ACQUISITION OF LAND FOR ADMINISTRATIVE PURPOSES OF HISTORIC PRESERVATION TRAINING CENTER.
Definitions.—
Center.—
Secretary.—
Authorization of Acquisition.—
Method of Acquisition.—
Administration of Acquired Land.—
40 USC 8909 note.
WAIVER OF SPECIAL USE PERMIT APPLICATION FEE FOR VETERANS’ SPECIAL EVENTS.
Definitions.—
Member of a gold star family.—
Special events.—
The district of columbia and its environs.—
Veteran.—
Veterans’ special event.—
War memorial.—
Disctict of Columbia.
Waiver.—
Applicability of Existing Laws.—
Applicability.—
UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM.
Establishment.—
54 USC
prec. 308601.
UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM
54 USC 308601.
Definitions
Burial ground.—
Historic.—
Program.—
54 USC 308602.
United States African-American Burial Grounds Preservation Program
In General.—
Duties of Secretary.—
Donations.—
Consent of Private Property Owner Required.—
54 USC 308603.
Authority to make grants
In General.—
Funding.—
Time period.
In general.—
Availability.—
54 USC 308604.
Cooperative agreements and memoranda of understanding
54 USC 308605.
Private property protection
Clerical Amendment.—
54 USC
prec. 100101.
54 USC note
prec. 308101.
NORMAN Y. MINETA JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS.
120 Stat. 3288.
120 Stat. 3289.
byDefinition.
Japanese american confinement education grants.—
Definition.
Japanese american organization.—
120 Stat. 3290.
Japanese American Confinement Education Grants.—
In general.—
Matching requirement.—
Fifty percent.—
Determination.
Waiver.—
54 USC note
prec. 308101.
JAPANESE AMERICAN WORLD WAR II HISTORY NETWORK.
Establishment.—
Duties of Secretary.—
Elements.—
Determination.
Cooperative Agreements and Memoranda of Understanding.—
Sunset.—
AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL PARK FOUNDATION.
COMMEMORATIVE WORKS AND NATIONAL MEMORIALS
Ohio.
54 USC 320301 note.
DESIGNATION OF THE KOL ISRAEL FOUNDATION HOLOCAUST MEMORIAL AS A NATIONAL MEMORIAL.
Congressional Recognition.—
Designation.—
In general.—
Effect of designation.—
In general.—
Use of federal funds.—
District of Columbia.
40 USC 8903 note.
AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO COMMEMORATE THE COMMITMENT AND SERVICE REPRESENTED BY WOMEN WHO WORKED ON THE HOME FRONT DURING WORLD WAR II.
In General.—
Compliance With Standards for Commemorative Works.—
Prohibition on the Use of Federal Funds.—
In general.—
Responsibility of women who worked on the home front foundation.—
Deposit of Excess Funds.—
In general.—
On expiration of authority.—
EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF NATIONAL LIBERTY MEMORIAL COMMEMORATIVE WORK.
Applicability.
section 8903(e) of title 40, United States Code, the authority provided by section 2860 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2164; 40 U.S.C. 8903 note) shall continue to apply through September 30, 2027.District of Columbia.
40 USC 8903 note.
AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO COMMEMORATE THE HEROIC DEEDS AND SACRIFICES OF SERVICE ANIMALS AND HANDLERS OF SERVICE ANIMALS IN THE UNITED STATE.
National Service Animals Monument Corporation.
In General.—
Compliance With Standards for Commemorative Works.—
Prohibition on the Use of Federal Funds.—
In general.—
Responsibility of the national service animals monument corporation.—
Deposit of Excess Funds.—
In general.—
On expiration of authority.—
District of Columbia.
France.
40 USC 8903 note.
AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO HONOR JEAN MONNET.
In General.—
Compliance With Standards for Commemorative Works.—
Prohibition on the Use of Federal Funds.—
In general.—
Responsibility of the embassy of france in washington, dc.—
Deposit of Excess Funds.—
In general.—
On expiration of authority.—
Texas.
54 USC 320301 note.
DESIGNATION OF EL PASO COMMUNITY HEALING GARDEN NATIONAL MEMORIAL.
Designation.—
Effect of Designation.—
District of Columbia.
40 USC 8903 note.
AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO COMMEMORATE THE ENSLAVED INDIVIDUALS WHO ENDURED THE MIDDLE PASSAGE.
Georgetown African American Historic Landmark Project and Tour.
In General.—
Compliance With Standards for Commemorative Works.—
Prohibition on the Use of Federal Funds.—
In general.—
Responsibility of the georgetown african american historic landmark project and tour.—
Deposit of Excess Funds.—
In general.—
On expiration of authority.—
District of Columbia.
40 USC 8903 note.
APPROVAL OF LOCATION OF COMMEMORATIVE WORK TO HONOR JOURNALISTS WHO SACRIFICED THEIR LIVES IN SERVICE TO A FREE PRESS.
District of Columbia.
40 USC 8903 note.
AUTHORIZATION OF THOMAS PAINE COMMEMORATIVE WORK.
In General.—
Thomas Paine Memorial Association.
Compliance With Standards for Commemorative Works.—
Prohibition on the Use of Federal Funds.—
Deposit of Excess Funds.—
In general.—
On expiration of authority.—
DESIGNATION OF UKRAINIAN INDEPENDENCE PARK.
Designation.—
In general.—
Description of area.—
Reference.—
Signage.—
MISCELLANEOUS
LONG-TERM ABANDONED MINE LAND RECLAMATION.
In general.—
Long-term abandoned mine land reclamation.—
In general.—
Reporting requirements.—
Term.—
CONSENT OF CONGRESS TO AMENDMENT TO THE CONSTITUTION OF THE STATE OF NEW MEXICO.
POST OFFICE DESIGNATIONS
Minnesota.
COYA KNUTSON POST OFFICE.
Designation.—
References.—
South Carolina.
ROBERT SMALLS POST OFFICE.
Designation.—
References.—
Kansas.
ROBERT J. DOLE MEMORIAL POST OFFICE BUILDING.
Designation.—
References.—
South Carolina.
CHARLES E. FRASER POST OFFICE BUILDING.
Designation.—
References.—
South Carolina.
HARRIET TUBMAN POST OFFICE BUILDING.
Designation.—
References.—
Illinois.
CORPORAL BENJAMIN DESILETS POST OFFICE.
Designation.—
References.—
Illinois.
SGT. JEREMY C. SHERMAN POST OFFICE BUILDING.
Designation.—
References.—
Oklahoma.
SERGEANT BRET D. ISENHOWER MEMORIAL POST OFFICE BUILDING.
Designation.—
References.—
California.
COTTLE CENTANNI POST OFFICE BUILDING.
Designation.—
References.—
Wisconsin.
CAPTAIN ROBERT C. HARMON AND PRIVATE JOHN R. PEIRSON POST OFFICE BUILDING.
Designation.—
References.—
Wisconsin.
CORPORAL MITCHELL RED CLOUD, JR. POST OFFICE.
Designation.—
References.—
Pennsylvania.
CORPORAL JOSEPH RODNEY CHAPMAN POST OFFICE.
Designation.—
References.—
Pennsylvania.
HAROLD BILLOW POST OFFICE BUILDING.
Designation.—
References.—
ROMUALD “BUD” BRZEZINSKI POST OFFICE.
Designation.—
Wisconsin.
References.—
Wisconsin.
MITCHELL F. LUNDGAARD POST OFFICE BUILDING.
Designation.—
References.—
California.
JUDGE JAMES PEREZ POST OFFICE.
Designation.—
References.—
California.
CHANGE OF ADDRESS FOR MARILYN MONROE POST OFFICE.
133 Stat. 1178.
MARILYN MONROE POST OFFICE BUILDING.
Designation.—
References.—
Virginia.
JESUS ANTONIO COLLAZOS POST OFFICE BUILDING.
Designation.—
References.—
California.
ESTEBAN E. TORRES POST OFFICE BUILDING.
Designation.—
References.—
DISTRICT OF COLUMBIA SERVICEMEMBERS AND VETERANS POST OFFICE.
Designation.—
References.—
Illinois.
ARMY SPECIALIST JOSEPH “JOEY” W. DIMOCK II POST OFFICE BUILDING.
Designation.—
References.—
California.
CORPORAL HUNTER LOPEZ MEMORIAL POST OFFICE BUILDING.
Designation.—
References.—
California.
CHIEF RUDY BANUELOS POST OFFICE.
Designation.—
References.—
California.
CHAIRMAN RICHARD MILANOVICH POST OFFICE.
Designation.—
References.—
New Mexico.
U.S. SENATOR DENNIS CHÁVEZ POST OFFICE.
Designation.—
References.—
Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022.
HEALTH AND HUMAN SERVICES
42 USC 201 note.
SHORT TITLE.
TABLE OF CONTENTS.
The table of contents for this division is as follows:
Restoring Hope
for Mental Health and
Well-Being Act
of 2022.
RESTORING HOPE FOR MENTAL HEALTH AND WELL-BEING
42 USC 201 note.
SHORT TITLE.
Mental Health and Crisis Care Needs
CRISIS CARE SERVICES AND 9–8–8 IMPLEMENTATION
BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.
42 USC
290aa–0a.
BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.
Establishment.
In General.—
Duty.—
Time period.
Authorization of Appropriations.—
42 USC
290aa–0a note.
CRISIS RESPONSE CONTINUUM OF CARE.
In General.—
Best Practices.—
In general.—
Identification of functions.—
Service capacity and quality best practices.—
Implementation timeframe.—
Deadline.
Publication.
Deadline.
Assessment.
Determination.
Evaluations.—
Data.
Such evaluation may, as appropriate, include data on—SUICIDE PREVENTION LIFELINE IMPROVEMENT.
Suicide Prevention Lifeline.—
Activities.—
Plan.—
Plan.—
In general.—
Contents.—
Evaluation.
Requirements.
Consultation.—
Public information.
Initial plan; updates.—
Transmission of data to cdc and to assist state and local agencies.—
Contracts.
Improving Epidemiological Data.—
Privacy.
Such agreements shall include appropriate privacy and security protections that meet the requirements of applicable Federal law, at a minimum.Data to Assist State and Local Suicide Prevention Activities.—
Authorization of appropriations.—
Time period.
Authorization of Appropriations.—
42 USC
290bb–36c note.
Pilot Program on Innovative Technologies.—
In general.—
Report.—
Costs.
HHS Study and Report.—
Recommenda-
tions.
GAO Study and Report.—
In general.—
Content.—
Recommendations.—
42 USC
290bb–36c note.
Definition.—
INTO THE LIGHT FOR MATERNAL MENTAL HEALTH AND SUBSTANCE USE DISORDERS
SCREENING AND TREATMENT FOR MATERNAL MENTAL HEALTH AND SUBSTANCE USE DISORDERS.
In General.—
Time period.
Application.—
Priority.—
Use of Funds.—
Additional Provisions.—
Technical Assistance.—
Time period.
Dissemination of Best Practices.—
Matching Requirement.—
Authorization of Appropriations.—
MATERNAL MENTAL HEALTH HOTLINE.
42 USC
280g–18.
MATERNAL MENTAL HEALTH HOTLINE.
Grants.
Contracts.
In General.—
Requirements for Hotline.—
Consultations.
Additional Requirements.—
Annual Report.—
Evaluation.
Time period.
Authorization of Appropriations.—
42 USC
290bb–31 note.
TASK FORCE ON MATERNAL MENTAL HEALTH.
Deadline.
Establishment.—
Membership.—
Composition.—
Federal members.—
Non-federal members.—
Deadline for designating designees.—
Duties.—
Meetings.—
Reports to Public and Federal Leaders.—
Reports to Governors.—
Sunset.—
Nonduplication of Federal Efforts.—
RESIDENTIAL TREATMENT PROGRAM FOR PREGNANT AND POSTPARTUM WOMEN PILOT PROGRAM REAUTHORIZATION.
REACHING IMPROVED MENTAL HEALTH OUTCOMES FOR PATIENTS
INNOVATION FOR MENTAL HEALTH.
National Mental Health and Substance Use Policy Laboratory.—
Time period.
Authorization of Appropriations.—
Reports.
GAO Study.—
Recommenda-
tions.
Interdepartmental Serious Mental Illness Coordinating Committee.—
136 STAT. 5648In general.—
42 USC
290aa–0b.
INTERDEPARTMENTAL SERIOUS MENTAL ILLNESS COORDINATING COMMITTEE.
Establishment.—
In general.—
Applicability.
Federal advisory committee act.—
Meetings.—
Reports.
Responsibilities.—
Summary.
Evaluation.
Recommenda-
tions.
Membership.—
Federal members.—
Non-federal members.—
Terms.—
Working Groups.—
Sunset.—
Conforming amendments.—
Priority Mental Health Needs of Regional and National Significance.—
CRISIS CARE COORDINATION.
Strengthening Community Crisis Response Systems.—
MENTAL HEALTH CRISIS RESPONSE PARTNERSHIP PILOT PROGRAM.
Grants.
State and local governments.
Territories.
Native Americans.
In General.—
Mobile Crisis Teams Described.—
Priority.—
Report.—
Initial report.—
Progress reports.—
Data.
Data.
Time period.
Authorization of Appropriations.—
Mental Health Awareness Training Grants.—
In general.—
Technical assistance.—
Technical corrections.—
Adult Suicide Prevention.—
TREATMENT OF SERIOUS MENTAL ILLNESS.
Assertive Community Treatment Grant Program.—
Technical amendment.—
Report to congress.—
Authorization of appropriations.—
Assisted Outpatient Treatment.—
In general.—
42 USC
290aa–17.
Time period.
Authorization of appropriations.—
GAO report.—
STUDY ON THE COSTS OF SERIOUS MENTAL ILLNESS.
In General.—
Content.—
Data Disaggregation.—
Estimate.
Report.—
Public information.
ANNA WESTIN LEGACY
MAINTAINING EDUCATION AND TRAINING ON EATING DISORDERS.
42 USC
290bb–45.
CENTER OF EXCELLENCE FOR EATING DISORDERS FOR EDUCATION AND TRAINING ON EATING DISORDERS.
Grants.
Contracts.
In General.—
Subgrants and Subcontracts.—
Activities.—
Coordination.
Coordination.
Consultation.
Time period.
Authorization of Appropriations.—
COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT REAUTHORIZATION
REAUTHORIZATION OF BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH SERVICES.
Funding.—
Set-Aside for Evidence-based Crisis Care Services.—
Crisis Care.—
In general.—
Core elements.—
Determination.
Time period.
State flexibility.—
Rule of construction.—
42 USC
300x–9 note.
Report to Congress.—
PEER-SUPPORTED MENTAL HEALTH SERVICES
PEER-SUPPORTED MENTAL HEALTH SERVICES.
42 USC
290bb–39.
PEER-SUPPORTED MENTAL HEALTH SERVICES.
Grants Authorized.—
Use of Funds.—
Special Consideration.—
Definition.—
Time periods.
Authorization of Appropriations.—
Substance Use Disorder Prevention, Treatment, and Recovery Services
NATIVE BEHAVIORAL HEALTH RESOURCES
BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER RESOURCES FOR NATIVE AMERICANS.
BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER RESOURCES FOR NATIVE AMERICANS.
Definitions.—
Grant Program.—
In general.—
Determination.
Formula.—
Contracts.
Delivery of funds.—
Technical Assistance and Program Evaluation.—
In general.—
Data submission and reporting.—
Consultation.—
Application.—
Report.—
Time periods.
Authorization of Appropriations.—
SUMMER BARROW PREVENTION, TREATMENT, AND RECOVERY
GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS.
PRIORITY SUBSTANCE USE DISORDER TREATMENT NEEDS OF REGIONAL AND NATIONAL SIGNIFICANCE.
EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN TREATMENT AND INTERVENTIONS DEMONSTRATION.
PRIORITY SUBSTANCE USE DISORDER PREVENTION NEEDS OF REGIONAL AND NATIONAL SIGNIFICANCE.
SOBER TRUTH ON PREVENTING (STOP) UNDERAGE DRINKING REAUTHORIZATION.
Definitions.—
Interagency Coordinating Committee; Annual Report on State Underage Drinking Prevention and Enforcement Activities.—
Interagency coordinating committee on the prevention of underage drinking.—
In general.—
Other agencies.—
Chair.—
Duties.—
Consultations.—
Annual report.—
Summaries.
In general.—
Data.
Certain information.—
Data.
Plan.
appropriate. The Secretary shall develop a plan to improve the collection, measurement, and consistency of reporting Federal underage alcohol data.Annual report on state underage drinking prevention and enforcement activities.—
In general.—
Contents.—
Performance measures.—
Updates.
State report content.—
Time periods.
Authorization of appropriations.—
National Media Campaign To Prevent Underage Drinking.—
In general.—
Purpose.—
Components.—
Review.
Consultation requirement.—
Cost projections.
Annual report.—
Research on youth-oriented campaign.—
Reports.
Recommenda-
tions.
Secretary shall report to Congress any such results and any related recommendations.Contracts.
Administration.—
Time periods.
Authorization of appropriations.—
Community-Based Coalition Enhancement Grants To Prevent Underage Drinking.—
Evaluation.
Strategies.
Authorization of program.—
Purposes.—
Application.—
Uses of funds.—
Time period.
under this subsection shall not exceed $60,000 per year and may not exceed four years.Supplement not supplant.—
Evaluation.—
Definitions.—
Administrative expenses.—
Time periods.
Authorization of appropriations.—
Grants to Organizations Representing Pediatric Providers and Other Related Health Professionals To Reduce Underage Drinking Through Screening and Brief Interventions.—
In general.—
Purposes.—
Use of funds.—
Application.—
Timeline.
Definitions.—
Brief intervention.—
Screening.—
Time periods.
Authorization of appropriations.—
Data Collection and Research.—
Additional research on underage drinking.—
In general.—
Evaluation.
Time periods.
Authorization of appropriations.—
National academies of sciences, engineering, and medicine study.—
In general.—
Contracts.
Reports.
Time period.
Authorization of appropriations.—
GRANTS FOR JAIL DIVERSION PROGRAMS.
FORMULA GRANTS TO STATES.
PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS.
GRANTS FOR REDUCING OVERDOSE DEATHS.
Grants.—
Repeal of maximum grant amount.—
Eligible entity; subgrants.—
Definition.
Eligible entity.—
Subgrants.—
Prescribing.—
Use of funds.—
Protocols.
Improving access to overdose treatment.—
Improving Access to Overdose Treatment.—
Information on best practices.—
Health and human services.—
Defense.—
Veterans affairs.—
Rule of construction.—
Time periods.
Authorization of appropriations.—
Technical amendments.—
42 USC
290dd–3 note.
OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION GRANT PROGRAMS.
Grants.—
Grant Period.—
Limitation.—
Limitations.—
Time periods.
Authorization of Appropriations.—
Technical Amendment.—
42 USC
294i–1.
EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS.
42 USC
294i–1.
EXCELLENCE IN RECOVERY HOUSING
CLARIFYING THE ROLE OF SAMHSA IN PROMOTING THE AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING.
DEVELOPING GUIDELINES FOR STATES TO PROMOTE THE AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING.
Update.
In general.—
Availability.—
Public information.
Web posting.
Exclusion of guideline on treatment services.—
COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE AVAILABILITY OF RECOVERY HOUSING.
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.—
Establishment.
In general.—
Plan.
Composition.—
Time period.
Meetings.—
Recommenda-
tions.
Reports to congress.—
NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE STUDY AND REPORT.
In General.—
Contracts.
Recommenda-
tions.
Time period.
Authorization of Appropriations.—
GRANTS FOR STATES TO PROMOTE THE AVAILABILITY OF RECOVERY HOUSING AND SERVICES.
Grants for Implementing National Recovery Housing Best Practices.—
In general.—
Deadlines.
Web posting.
State promotion plans.—
FUNDING.
TECHNICAL CORRECTION.
42 USC
290ee–5a.
as added by section 8214 of Public Law 115–271, as section 550A; andSUBSTANCE USE PREVENTION, TREATMENT, AND RECOVERY SERVICES BLOCK GRANT
ELIMINATING STIGMATIZING LANGUAGE RELATING TO SUBSTANCE USE.
Block Grants for Prevention and Treatment of Substance Use.—
Definition.
Certain Programs Regarding Mental Health and Substance Abuse.—
AUTHORIZED ACTIVITIES.
STATE PLAN REQUIREMENTS.
UPDATING CERTAIN LANGUAGE RELATING TO TRIBES.
Indian tribe or tribal organization as grantee.—
BLOCK GRANTS FOR SUBSTANCE USE PREVENTION, TREATMENT, AND RECOVERY SERVICES.
In General.—
Technical Corrections.—
REQUIREMENT OF REPORTS AND AUDITS BY STATES.
STUDY ON ASSESSMENT FOR USE OF STATE RESOURCES.
Strategies.
In General.—
Estimates.
study shall, where feasible and appropriate, include estimates of resources for community needs strategies respective to prevention, treatment, or recovery support services.Report.—
TIMELY TREATMENT FOR OPIOID USE DISORDER
STUDY ON EXEMPTIONS FOR TREATMENT OF OPIOID USE DISORDER THROUGH OPIOID TREATMENT PROGRAMS DURING THE COVID–19 PUBLIC HEALTH EMERGENCY.
Study.—
District of Columbia.
Territories.
Time period.
Privacy.—
Feedback.—
Publication.
Report.—
CHANGES TO FEDERAL OPIOID TREATMENT STANDARDS.
Mobile Medication Units.—
Revise Opioid Treatment Program Admission Criteria to Eliminate Requirement That Patients Have an Opioid Use Disorder for at Least 1 Year.—
Deadline.
21 USC 823 note.
Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall revise section 8.12(e)(1) of title 42, Code of Federal Regulations (or successor regulations), to eliminate the requirement that an opioid treatment program only admit an individual for treatment under the program if the individual has been addicted to opioids for at least 1 year before being so admitted for treatment.ADDITIONAL PROVISIONS RELATING TO ADDICTION TREATMENT
42 USC 238f note.
PROHIBITION.
ELIMINATING ADDITIONAL REQUIREMENTS FOR DISPENSING NARCOTIC DRUGS IN SCHEDULE III, IV, AND V FOR MAINTENANCE OR DETOXIFICATION TREATMENT.
In General.—
Conforming Changes.—
136 STAT. 5682Effective date.
REQUIRING PRESCRIBERS OF CONTROLLED SUBSTANCES TO COMPLETE TRAINING.
In General.—
Required Training for Prescribers.—
Training required.—
Time periods.
Time periods.
One-time training.—
In general.—
Deadline.
Notification.—
Rule of construction.—
Definitions.—
First applicable registration.—
Qualified practitioner.—
Assessment.
Report.—
INCREASE IN NUMBER OF DAYS BEFORE WHICH CERTAIN CONTROLLED SUBSTANCES MUST BE ADMINISTERED.
OPIOID CRISIS RESPONSE
OPIOID PRESCRIPTION VERIFICATION.
Materials for Training Pharmacists on Certain Circumstances Under Which a Pharmacist May Decline to Fill a Prescription.—
Deadline.
Updates to materials.—
Materials included.—
Materials for training on patient verification .—
Materials for Training on Verification of Identity.—
Deadline.
later than 1 year after the date of enactment of this subsection, the Secretary of Health and Human Services, after seeking stakeholder input in accordance with subsection (c), shall—Update.
Incentivizing States To Build or Maintain Prescription Drug Monitoring Programs.—
In general.—
Priority.—
Conforming change.—
42 USC
290bb–25g note.
SYNTHETIC OPIOID AND EMERGING DRUG MISUSE DANGER AWARENESS.
Deadline.
In General.—
Update.
Secretary shall update such campaign to address emerging drug misuse issues, as appropriate.Use of Media.—
Consideration of Report Findings.—
Consultation.—
Requirement of Campaign.—
Evaluation.—
Effective date.
Time period.
In general.—
Measures and benchmarks.—
Assessments.
Effective date.
Report.—
Dissemination of Information Through Providers.—
Plan.
Secretary shall develop and implement a plan for the dissemination of information related to synthetic opioids, to health care providers who participate in Federal programs, including programs administered by the Department of Health and Human Services, the Indian Health Service, the Department of Veterans Affairs, the Department of Defense, and the Health Resources and Services Administration, the Medicare program under title XVIII of the 136 STAT. 5688 Social Security Act (42 U.S.C. 1395 et seq.), and the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.).Deadlines.
Training Guide and Outreach on Synthetic Opioid Exposure Prevention.—
Publication.
Public information.
Web posting.
Training guide.—
Outreach.—
GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO OPIOID USE DISORDERS.
42 USC
290ee–3a.
GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO OPIOID USE DISORDERS.
In General.—
Grants Program.—
In general.—
Minimum allocations.—
Formula methodology.—
136 STAT. 5689Time period.
In general.—
Assessments.
Deadline.
Assessments.
Report.—
Use of funds.—
Accountability and Oversight.—
Limitations.—
Indian Tribes and Tribal Organizations.—
Summary.
Report to Congress.—
Technical Assistance.—
Definitions.—
Indian tribe.—
Tribal organization.—
State.—
Urban indian organization.—
Authorization of Appropriations.—
Time period.
In general.—
Federal administrative expenses.—
Set aside.—
Access to Mental Health Care and Coverage
IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE SERVICES
IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE SERVICES.
IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE SERVICES.
Definitions.—
Eligible entity.—
Integrated care; bidirectional integrated care.—
Psychiatric collaborative care model.—
Special population.—
Grants and Cooperative Agreements.—
In general.—
Use of funds.—
Applications.—
In general.—
Contents for awards.—
Summary.
Contracts.
Plan.
Plan.
Grant and Cooperative Agreement Amounts.—
Target amount.—
Adjustment permitted.—
Allocations.
Limitation.—
Duration.—
Report on Program Outcomes.—
Technical Assistance for Primary-behavioral Health Care Integration.—
Certain recipients.—
Additional dissemination of technical information.—
Summary.
Report to Congress.—
Funding.—
Time periods.
Authorization of appropriations.—
Increasing uptake of the psychiatric collaborative care model by primary care practices.—
Funding contingency.—
HELPING ENABLE ACCESS TO LIFESAVING SERVICES
REAUTHORIZATION AND PROVISION OF CERTAIN PROGRAMS TO STRENGTHEN THE HEALTH CARE WORKFORCE.
Mental and Behavioral Health Education and Training Grants.—
Training Demonstration Program.—
REAUTHORIZATION OF MINORITY FELLOWSHIP PROGRAM.
ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH PLANS
ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH PLANS.
Sunset of election option.—
In general.—
Exception for certain collectively bargained plans.—
MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY IMPLEMENTATION
GRANTS TO SUPPORT MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY IMPLEMENTATION.
In General.—
Parity implementation.—
Effective date.
Compliance.
In general.—
Eligible state.—
Time periods.
Authorization of appropriations.—
Technical Amendment.—
Children and Youth
SUPPORTING CHILDREN’S MENTAL HEALTH CARE ACCESS
TECHNICAL ASSISTANCE FOR SCHOOL-BASED HEALTH CENTERS.
Grants.
Contracts.
Technical Assistance.—
INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION, INTERVENTION, AND TREATMENT.
Grants.
Contracts.
Technical Assistance.—
CO-OCCURRING CHRONIC CONDITIONS AND MENTAL HEALTH IN YOUTH STUDY.
Reports.
Recommenda-
tions.
Strategies.
BEST PRACTICES FOR BEHAVIORAL AND MENTAL HEALTH INTERVENTION TEAMS.
42 USC
290bb–39a.
BEST PRACTICES FOR BEHAVIORAL AND MENTAL HEALTH INTERVENTION TEAMS.
Reports.
In General.—
Assessment.
Elements.—
Consultation.—
Web posting.
Publication.—
Definitions.—
CONTINUING SYSTEMS OF CARE FOR CHILDREN
COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES.
Definition.—
Authorization of Appropriations.—
SUBSTANCE USE DISORDER TREATMENT AND EARLY INTERVENTION SERVICES FOR CHILDREN AND ADOLESCENTS.
GARRETT LEE SMITH MEMORIAL REAUTHORIZATION
SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.
Technical Amendment.—
Collaboration.—
In general.—
Collaboration.—
Authorization of Appropriations.—
Annual Report.—
YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION STRATEGIES.
MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES FOR STUDENTS IN HIGHER EDUCATION.
Assessment.
MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION AT INSTITUTIONS OF HIGHER EDUCATION.
MEDIA AND MENTAL HEALTH
STUDY ON THE EFFECTS OF SMARTPHONE AND SOCIAL MEDIA USE ON ADOLESCENTS.
In General.—
Public information.
Report.—
42 USC
285g–11.
RESEARCH ON THE HEALTH AND DEVELOPMENT EFFECTS OF MEDIA AND RELATED TECHNOLOGY ON INFANTS, CHILDREN, AND ADOLESCENTS.
In General.—
Assessment.
Activities.—
Consultation.—
Assessment.
Secretary may utilize scientific workshops, symposia, and other activities to assess current knowledge and identify relevant research opportunities and gaps in this area.Report to Congress.—
Summary.
Miscellaneous Provisions
42 USC
290aa–18.
LIMITATIONS ON AUTHORITY.
Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act.
PREPARING FOR AND RESPONDING TO EXISTING VIRUSES, EMERGING NEW THREATS, AND PANDEMICS
42 USC 201 note.
SHORT TITLE.
Strengthening Federal and State Preparedness
FEDERAL LEADERSHIP AND ACCOUNTABILITY
APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
In General.—
42 USC 242c.
APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
President.
In General.—
Functions.—
Strategic Plan.—
Deadline.
Web posting.
In general.—
Requirements.—
Use of plans.—
Appearances Before Congress.—
Time period.
In general.—
Updates.
Clarifications.—
Waiver authority.—
Scope of requirements.—
Closed hearings.—
Other Transactions.—
In general.—
Written determination.—
Audit requirements.
Guidelines.—
42 USC 242c note.
Effective Date.—
ADVISORY COMMITTEE TO THE DIRECTOR OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
42 USC
242c–1.
ADVISORY COMMITTEE TO THE DIRECTOR.
Deadline.
Establishment.
In General.—
Functions and Activities.—
Membership.—
Appointments.
In general.—
Ex officio members.—
Appointed members.—
Compensation.—
Terms of office.—
In general.—
Appointments.
The Secretary shall make appointments to the advisory committee in such a manner as to ensure that the terms of the members not all expire in the same year. A member of the advisory committee may serve after the expiration of such member’s term until a successor has been appointed and taken office.136 STAT. 5711Reappointments.—
Deadline.
Time for appointment.—
Chair.—
Meetings.—
Designation.
Executive Secretary and Staff.—
PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE COORDINATION.
Public Health Emergency Fund.—
Improving Public Health and Medical Preparedness and Response Coordination.—
Coordination with federal agencies.—
Coordination With Federal Agencies.—
ASPR duties.—
Medical product and supply capacity planning.—
Appearances Before and Reports to Congress.—
Appearances Before Congress.—
Time period.
In general.—
Clarifications.—
Waiver authority.—
Scope of requirements.—
Closed hearings.—
Annual Report on Emergency Response and Preparedness.—
Annual Report on Emergency Response and Preparedness.—
Updates.
Assessment.
GAO Report on Interagency Agreements and Coordination.—
Reviews.
Recommenda-
tions.
Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall—42 USC
300hh–3.
OFFICE OF PANDEMIC PREPAREDNESS AND RESPONSE POLICY.
Establishment.
Appointments.
President.
In General.—
Functions of the Director.—
Support From Other Agencies.—
Time periods.
Preparedness Outlook Report.—
Public information.
In general.—
Revisions.—
Establishment.
Evaluation.
Recommenda-
tions.
Interdepartmental Working Group.—
Deadlines.
Industry Liaison.—
Appointment.
In general.—
Activities.—
Plan.
Additional Functions of the Director.—
Staffing and Detailees.—
Appointments.
Determination.
Preparedness Review and Report.—
Time period.
Nonduplication of Effort.—
Conforming Amendments.—
STATE AND LOCAL READINESS
IMPROVING STATE AND LOCAL PUBLIC HEALTH SECURITY.
In General.—
42 USC
247d–3a note.
Applicability.—
SUPPORTING ACCESS TO MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES DURING PUBLIC HEALTH EMERGENCIES.
Authorities.—
Strategic Plan.—
Biennial Report Concerning Activities and Progress.—
Reports.
Recommenda-
tions.
Advisory Councils.—
GAO Report.—
Examination.
TRAUMA CARE REAUTHORIZATION.
In General.—
Trauma Care Readiness and Coordination.—
Updates.
Guidance.
Grants to Improve Trauma Care in Rural Areas.—
In General.—
Eligible Entities.—
In general.—
Priority.—
Reports.—
Competitive Grants for Trauma Centers.—
Effective date.—
Reports.
Dissemination of Findings.—
Program Funding.—
ASSESSMENT OF CONTAINMENT AND MITIGATION OF INFECTIOUS DISEASES.
Reviews.
GAO Study.—
Report.—
42 USC 247d note.
CONSIDERATION OF UNIQUE CHALLENGES IN NONCONTIGUOUS STATES AND TERRITORIES.
Consultations.
any public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary of Health and Human Services shall conduct quarterly meetings or consultations, as applicable or appropriate, with noncontiguous States and territories with regard to addressing unique public health challenges in such States and territories associated with such public health emergency.136 STAT. 5727Improving Public Health Preparedness and Response Capacity
IMPROVING PUBLIC HEALTH EMERGENCY RESPONSES
ADDRESSING FACTORS RELATED TO IMPROVING HEALTH OUTCOMES.
In General.—
42 USC
247b–24.
ADDRESSING FACTORS RELATED TO IMPROVING HEALTH OUTCOMES.
Grants.
Contracts.
In General.—
Eligible Entities.—
Plan.
Use of Funds.—
Grants.
Contracts.
Best Practices and Technical Assistance.—
Extensions.
Award Periods.—
Report.—
Time periods.
Authorization of Appropriations.—
Review.
GAO Study and Report.—
IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA
MODERNIZING STATE, LOCAL, AND TRIBAL BIOSURVEILLANCE CAPABILITIES AND INFECTIOUS DISEASE DATA.
Rules of construction.—
Non-duplication of effort.—
Time periods.
Authorization of Appropriations.—
GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH SURVEILLANCE OF PATHOGENS.
42 USC
300hh–34 note.
Guidance Supporting Genomic Sequencing of Pathogens Collaboration.—
Genomic Sequencing Program.—
Grants.
Contracts.
42 USC
300hh–34.
GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH SURVEILLANCE OF PATHOGENS PROGRAM.
Genomic Sequencing, Analytics, and Public Health Surveillance of Pathogens Program.—
Partnerships.—
Centers of Excellence.—
136 STAT. 5734In general.—
Requirements.—
Report to Congress.—
SUPPORTING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA.
Designation of Public Health Data Standards.—
In general.—
No duplicative efforts.—
In general.—
Designation of standards.—
Privacy and security.—
Reviews.
Study on Laboratory Information Standards.—
Deadline.
In general.—
Areas of concentration.—
Determination.
Assessment.
Report.—
Updates.
Memorandums.
42 USC
300hh note.
Data Use Agreements.—
Interagency data use agreements within the department of health and human services for public health emergencies.—
In general.—
Requirements.—
Data use agreements with external entities.—
Report.—
Improving Information Sharing and Availability of Public Health Data.—
42 USC 242u.
IMPROVING STATE, LOCAL, AND TRIBAL INFORMATION SHARING.
In General.—
Content, Form, and Manner.—
Decreased Burden.—
Exemption of Certain Public Health Data From Disclosure.—
42 USC
300hh–33 note.
Improving State, Local, and Tribal Public Health Data.—
Grants.
Contracts.
In general.—
Eligible entities.—
Activities.—
Reporting.—
Reporting by award recipients.—
Recommenda-
tions.
Report to congress.—
Non-duplication of efforts.—
42 USC 242u note.
Rules of Construction.—
EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.
42 USC
300hh–35.
EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.
In General.—
Considerations.—
Time period.
Annual Reports.—
PUBLIC HEALTH DATA TRANSPARENCY.
Assessment.
Report.—
Deadline.
Plan.—
Recommenda-
tions.
GAO REPORT ON PUBLIC HEALTH PREPAREDNESS, RESPONSE, AND RECOVERY DATA CAPABILITIES.
Study.—
List.
Analysis.
Recommenda-
tions.
Reporting.—
In general.—
Briefing.
Recommendations.—
REVITALIZING THE PUBLIC HEALTH WORKFORCE
IMPROVING RECRUITMENT AND RETENTION OF THE FRONTLINE PUBLIC HEALTH WORKFORCE.
In General.—
Loans.
In general.—
In general.—
Considerations.—
Loans.
Waiver authority.
Eligible Loans.—
Loans.
Pilot Program.—
In general.—
Time period.
Determination.
Non-duplication of effort.—
Evaluation and report to congress.—
In general.—
Report.—
In general.—
Recommendation.—
GAO Study on Public Health Workforce.—
Evaluation.
Reports.
AWARDS TO SUPPORT COMMUNITY HEALTH WORKERS AND COMMUNITY HEALTH.
In General.—
Grants.
Contracts.
In General.—
Plan.
Technical Assistance.—
Deadline.
Dissemination of Best Practices.—
Report to Congress.—
Recommenda-
tions.
Such report shall include recommendations regarding any improvements to such program, including recommendations for how to improve recruitment, training, and retention of the community health workforce.Time period.
Authorization of Appropriations.—
Definitions.
Indian tribe; tribal organization.—
Urban indian organization.—
Review.
GAO Study and Report.—
IMPROVING PUBLIC HEALTH EMERGENCY RESPONSE CAPACITY.
Certain Appointments to Support Public Health Emergency Responses.—
Certain Appointments to Support Public Health Emergency Responses.—
Public information.
In general.—
Determination.
Number of appointments.—
Compensation.—
Records.
Reporting.—
Time period.
Deadline.
Notification to congress.—
Reports to congress.—
Sunset.—
GAO Report.—
Recommenda-
tions.
INCREASING EDUCATIONAL OPPORTUNITIES FOR ALLIED HEALTH PROFESSIONS.
PUBLIC HEALTH SERVICE CORPS ANNUAL AND SICK LEAVE.
In General.—
Time period.
42 USC
210–1 note.
Application.—
LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE POSITIONS AT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
42 USC
300hh–36.
LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE POSITIONS AT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
Deadline.
In General.—
Criteria.—
Duration.—
Guidance.—
Definition.
Eligible Position.—
Pilot Period and Final Report.—
Assessment.
Recommenda-
tions.
Grants.
Contracts.
CONTINUING EDUCATIONAL SUPPORT FOR HEALTH PROFESSIONALS SERVING IN RURAL AND UNDERSERVED COMMUNITIES.
Plan.
Use of Funds.—
In general.—
Clarification.—
Administrative Expenses.—
Non-duplication of Effort.—
ENHANCING PUBLIC HEALTH PREPAREDNESS AND RESPONSE
CENTERS FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE.
In General.—
Centers for Public Health Preparedness and Response.—
Grants.
Contracts.
In general.—
Eligibility.—
Use of funds.—
Strategies.
Evaluations.
Distribution of awards.—
Repeal.—
VACCINE DISTRIBUTION PLANS.
42 USC
247d–12.
COORDINATION AND COLLABORATION REGARDING BLOOD SUPPLY.
Consultation.
SUPPORTING LABORATORY CAPACITY AND INTERNATIONAL COLLABORATION TO ADDRESS ANTIMICROBIAL RESISTANCE.
Network of Antibiotic Resistance Regional Laboratories.—
In general.—
Geographic distribution.—
Partnerships and nonduplication of current domestic capacity.—
International Collaboration.—
In general.—
Grants.
Contracts.
Awards.—
Updates.
42 USC
300hh–37.
ONE HEALTH FRAMEWORK.
One Health Framework.—
One Health Coordination.—
Reporting.—
SUPPORTING CHILDREN DURING PUBLIC HEALTH EMERGENCIES.
Accelerating Research and Countermeasure Discovery
FOSTERING RESEARCH AND DEVELOPMENT AND IMPROVING COORDINATION
RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC CONCERN.
42 USC
285f–5.
RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC CONCERN.
In General.—
Grants.
Contracts.
Uses of Funds.—
Coordination.—
Requirement.
Reports.
Priority.—
Collaboration.—
Updates.
Supplement, Not Supplant.—
IMPROVING MEDICAL COUNTERMEASURE RESEARCH COORDINATION.
Consultation.
ACCESSING SPECIMEN SAMPLES AND DIAGNOSTIC TESTS.
42 USC 262a note.
Improving Research and Development of Medical Countermeasures for Novel Pathogens.—
Deadline.
Public information.
Procedures.
Determination.
Sample access.—
Guidance.—
Earlier Development of Diagnostic Tests.—
42 USC
247d–2.
EARLIER DEVELOPMENT OF DIAGNOSTIC TESTS.
Contracts.
Secretary may contract with public and private entities, as appropriate, to increase capacity in the rapid development, validation, manufacture, and dissemination of diagnostic tests, as appropriate, to State, local, and Tribal health departments and other appropriate entities for immediate public health response activities to address an emerging infectious disease with respect to which a public health emergency is declared under section 319, or that has significant potential to cause such a public health emergency.”NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE STUDY ON NATURAL IMMUNITY IN RELATION TO THE COVID–19 PANDEMIC.
Deadline.
Contracts.
In General.—
Assessments.
Inclusions.—
Summary.
a summary of scientific studies and evidence related to SARS–CoV–2 infection-acquired immunity from a sample of other countries or multilateral organizations.Report.—
IMPROVING BIOSAFETY AND BIOSECURITY
IMPROVING CONTROL AND OVERSIGHT OF SELECT BIOLOGICAL AGENTS AND TOXINS.
Notification with respect to federal facilities.—
Deadlines.
of the release, loss, or theft of an agent or toxin listed by the Secretary pursuant to subsection (a)(1), or by the Secretary of Agriculture pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002, from or within a laboratory facility owned or operated by the Department of Health and Human Services, or other Federal laboratory facility subject to the requirements of this section, the Secretary, in a manner that does not compromise national security, shall—Update.
not later than 14 days after such notification, update such Committees on—Annual report.—
Summaries.
summarizing the number and nature of notifications received under subsection (e)(8) (relating to theft or loss) and subsection (j) (relating to releases), during the preceding fiscal year;Plans.
Compliance.
describing actions taken by the Secretary to address such incidents, such as any corrective action plans required and steps taken to promote adherence to, and compliance with, safety and security best practices, standards, and regulations; and42 USC 262a note.
STRATEGY FOR FEDERAL HIGH-CONTAINMENT LABORATORIES.
Strategy for Federal High-containment Laboratories.—
Deadline.
later than 1 year after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, in consultation with relevant Federal departments and agencies, shall establish a strategy for the management, maintenance, and oversight of federally-owned laboratory facilities operating at Biosafety Level 3 or 4, including equivalent classification levels and facilities with Biosafety Level 4 capabilities. Such strategy shall include—Assessment.
an assessment of the needs of the Federal Government with respect to Biosafety Level 3 or 4 laboratory facilities;Summary.
a summary of existing federally-owned Biosafety Level 3 or 4 laboratory facility capacity;Summary.
a summary of other Biosafety Level 3 or 4 laboratory facility capacity established through Federal funds;Summary.
Plans.
a summary of plans that are in place for the maintenance of such capacity within each relevant Federal department or agency, as applicable and appropriate, including processes for determining whether to maintain or expand such capacity, and a description of how the Federal Government will address rapid changes in the need for such capacity within each relevant Federal department or agency during a public health emergency; andClarification.—
NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.
In General.—
42 USC 283r.
NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.
Establishment.—
Duties.—
In general.—
Considerations.—
Membership.—
Appointments.
Individuals, appointed by the Secretary, with expertise in biology, infectious diseases, public health, ethics, national security, and other fields, as the Secretary determines appropriate, who shall serve as voting members.”42 USC 283r note.
Orderly Transition.—
42 USC 283r note.
Application.—
42 USC 262a note.
RESEARCH TO IMPROVE BIOSAFETY.
In General.—
Report.—
42 USC 6627.
FEDERALLY-FUNDED RESEARCH WITH ENHANCED PATHOGENS OF PANDEMIC POTENTIAL.
Review and Oversight of Enhanced Pathogens of Pandemic Potential.—
Deadlines.
Updates.
In general.—
Requirements.—
Procedures.
consistent procedures across relevant Federal department and agencies to ensure that—Clarification.—
Implementation.—
Updates.
Guidance.
In general.—
Updates.—
Deadlines.
Limitations on Countries of Concern Conducting Certain Research.—
In general.—
Conditions for lifting or suspending prohibition.—
Notification.
Time period.
PREVENTING UNDUE FOREIGN INFLUENCE IN BIOMEDICAL RESEARCH
42 USC 242v.
FOREIGN TALENT RECRUITMENT PROGRAMS.
Intramural Research.—
Deadline.
In general.—
Exemption.—
Requirement.
Disclosure.
Records.
Extramural Research.—
Consistency.—
Deadlines.
42 USC 242v–1.
SECURING IDENTIFIABLE, SENSITIVE INFORMATION AND ADDRESSING OTHER NATIONAL SECURITY RISKS RELATED TO RESEARCH.
Updates.
In General.—
Assessment.
Reviews.
develop a comprehensive framework and policies for assessing and managing such national security risks that includes, or review and update, as appropriate, the current (as of the date of review) such framework and policies to include—Criteria.
criteria for how and when to conduct risk assessments for projects that may have national security implications;Compliance.
researchers or entities involved in projects reviewed under the framework and relevant policies, including such projects that manage or have access to sensitive, identifiable information, have complied with the requirements of paragraph (1) and ongoing requirements with such paragraph;Congressional Briefing.—
DUTIES OF THE DIRECTOR.
42 USC 242v–2.
PROTECTING AMERICA’S BIOMEDICAL RESEARCH ENTERPRISE.
Recommenda-
tions.
In General.—
Strategies.
identify or develop strategies to prevent, mitigate, and address national security risks and threats in biomedical research and development supported by the Federal Government, including such threats associated with foreign talent programs, by countries seeking to exploit United States technology and other proprietary information as it relates to such 136 STAT. 5768 biomedical research and development, and make recommendations for additional policies and procedures to protect such information;Review.
regularly review recommendations or policies developed under this section and make additional recommendations or updates, as appropriate.Report to President and to Congress.—
GAO STUDY.
Assessment.
In General.—
Considerations.—
Recommenda-
tions.
make recommendations to address any vulnerabilities to the United States national security identified, as appropriate.Estimation.—
Report.—
42 USC 242v–3.
REPORT ON PROGRESS TO ADDRESS UNDUE FOREIGN INFLUENCE.
ADVANCED RESEARCH PROJECTS AGENCY–HEALTH
ADVANCED RESEARCH PROJECTS AGENCY–HEALTH.
In General.—
ADVANCED RESEARCH PROJECTS AGENCY–HEALTH.
42 USC 290c.
ADVANCED RESEARCH PROJECTS AGENCY–HEALTH.
Establishment.—
In general.—
Deadline.
. Not later than 180 days after the date of enactment of this section, the Secretary shall transfer all functions, personnel, missions, activities, authorities, and funds of the Advanced Research Projects Agency for Health as in existence on the date of enactment of this section, to ARPA–H established by the preceding sentence.Organization.—
In general.—
Requirement.—
Determination.
Notification.—
Exemption from certain policies of nih.—
In general.—
Deadline.
Federal Register, publication.
Notice.—
Goals and Functions.—
Goals.—
Functions.—
Director.—
President.
Appointment.
In general.—
Qualifications.—
Reporting.—
Duties.—
Term.—
Autonomy of agency regarding recommendations and testimony.—
Appointment.
Deputy director.—
Nonapplication of certain provision.—
Application of Certain Flexibilities.—
Protection of Information.—
No authorization for disclosure.—
Reporting.—
Clarification.—
Cooperation With the Food and Drug Administration.—
136 STAT. 5774In general.—
Reimbursement.—
Awards.—
Contracts.
In general.—
Grants.
Requirements.
Public information.
award grants and cooperative agreements, which shall include requirements to publicly report indirect facilities and administrative costs, broken out by fixed capital costs, administrative overhead, and labor costs;Cash prizes.
award cash prizes, utilizing the authorities and processes established under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980; andLimitations on entering into other transactions.—
Use of competitive procedures.—
Written determination required.—
Exemptions from certain requirements.—
Facilities Authority.—
Contracts.
Real property.
In general.—
Time period.
lease an interest in property for not more than 20 years, notwithstanding section 1341(a)(1) of title 31, United States Code.Locations.—
In general.—
Number of locations.—
Considerations.—
Personnel.—
In general.—
Appointments.
appoint and remove scientific, engineering, medical, and professional personnel, which may include temporary or term-limited appointments as determined by the Director to fulfill the mission of ARPA–H, without regard to any provision in title 5, United States Code, governing appointments and removals under the civil service laws;Determination.
notwithstanding any other provision of law, including any requirement with respect to General Schedule pay rates under subchapter III of chapter 53 of title 5, United States Code, fix the base pay compensation of such personnel at a rate to be determined by the Director, up to the amount of annual compensation (excluding expenses) specified in section 102 of title 3, United States Code; andContracts.
contract with private recruiting firms for assistance in identifying highly qualified candidates for technical positions needed to carry out this section.Support staff.—
Appointments.
Number of personnel.—
Notification.
Determination.
The Director shall submit a notification to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives if the Director determines that additional personnel are required to carry out this section.Clarification on previous positions.—
Time period.
In general.—
Exemption.
The Director may grant an exemption only for individuals who are uniquely qualified, by way of professional background and expertise, to advance the goals and functions specified in subsection (b).Nonapplication of provision.—
Additional considerations.—
Contracts.
may contract with private entities for the purposes of recruitment services;Use of intergovernmental personnel act.—
Time period.
Authority to accept federal detailees.—
Program Managers.—
Appointments.
Time periods.
In general.—
Duties.—
Reports and Evaluation.—
Annual report.—
In general.—
Time period.
a description of projects supported by ARPA–H in the previous fiscal year and whether such projects are meeting the goals developed by the Director pursuant to subsection (c)(4)(A);Time period.
a description of projects terminated in the previous fiscal year, and the reason for such termination;Time period.
a description of planned programs starting in the next fiscal year, pending the availability of funding;136 STAT. 5778Summary.
a summary of award recipient compliance with section 2321 of the PREVENT Pandemics Act.Submission to congress.—
Evaluation.—
Contracts.
In general.—
Requirements.
Public information.
Submission of results.—
Reporting related to arpa–h personnel.—
Records.
In general.—
Reports to congress.—
GAO report.—
Recommenda-
tions.
any challenges, limitations, or gaps related to the use of the authority under subsection (i) and any related recommendations to address such challenges, limitations, or gaps.Deadline.
Strategic Plan.—
Deadline.
Independent Review.—
Assessment.
to assess the degree of any potential duplication of existing Federal programs and projects; andRecommenda-
tions.
to make any recommendations regarding any potential reorganization, consolidation, or termination of such programs and projects.136 STAT. 5780Prioritization.—
In general.—
Waiver authority.
Clarification.—
Notice.
Deadline.
The Director shall provide notice to Congress not later than 30 days after waiving such requirements.Additional Consultation.—
Advisory Committee.—
Establishment.
In general.—
Members.—
Nonapplicability of faca.—
Advisory nature.—
Performance measures framework.—
In general.—
Data.
Availability of performance measures.—
Rule of Construction.—
Transformative Health Technology Defined.—
Time periods.
Authorization of Appropriations.—
Proposal.
Additional Budget Clarification.—
Reviews.
Assessment.
Animals.
GAO Report on Certain Research Requirements.—
Modernizing and Strengthening the Supply Chain for Vital Medical Products
WARM BASE MANUFACTURING CAPACITY FOR MEDICAL COUNTERMEASURES.
In General.—
Contracts.
Grants.
award contracts, grants, and cooperative agreements and enter into other transactions to support, maintain, and improve domestic manufacturing surge capacity and capabilities, including through supporting flexible or advanced manufacturing, to ensure that additional capacity is available to rapidly manufacture products that are or may become qualified countermeasures or qualified pandemic or epidemic products in the event of a public health emergency declaration or significant potential for a public health emergency.”Consultation.
Compliance.
consult with the Commissioner of Food and Drugs, pursuant to section 565(b)(2) of the Federal Food, Drug, and Cosmetic Act, to ensure that facilities performing manufacturing, pursuant to an award under subparagraph (B)(v), are in compliance with applicable requirements under such Act and this Act, as appropriate, including current good manufacturing practice pursuant to section 501(a)(2)(B) of the Food, Drug, and Cosmetic Act; and”Annual reports by award recipients.—
Supporting warm-base and surge capacity and capabilities.—
Payments.
to an award under subparagraph (B)(v), the Secretary may make payments for activities necessary to maintain domestic manufacturing surge capacity and capabilities supported under such award to ensure that such capacity and capabilities are able to support the rapid manufacture of countermeasures as required by the Secretary to prepare for, or respond to, an existing or potential public health emergency or otherwise address threats that pose a significant level of risk to national security. The Secretary may support the utilization of such capacity and capabilities under awards for countermeasure and product advanced research and development, as appropriate, to provide for the maintenance of such capacity and capabilities.”Plans.
Assessments.
Recommenda-
tions.
plans for the near-, mid-, and long-term sustainment of manufacturing activities carried out under this section, including such activities pursuant to subsection (c)(5)(H), specific actions to regularly assess the 136 STAT. 5785 ability of recipients of an award under subsection (c)(4)(B)(v) to rapidly manufacture countermeasures as required by the Secretary, and recommendations to address challenges, if any, related to such activities.”SUPPLY CHAIN CONSIDERATIONS FOR THE STRATEGIC NATIONAL STOCKPILE.
Assessment.
an assessment of the current supply chain for such products, including information on supply chain redundancies, any known domestic manufacturing capacity for such products, and any related vulnerabilities;”STRATEGIC NATIONAL STOCKPILE EQUIPMENT MAINTENANCE.
Review.
Revision.
review and revise, as appropriate, the contents of the stockpile on a regular basis to ensure that—IMPROVING TRANSPARENCY AND PREDICTABILITY OF PROCESSES OF THE STRATEGIC NATIONAL STOCKPILE.
Deadline.
42 USC 247d–6b note.
Guidance.—
Annual Meetings.—
IMPROVING SUPPLY CHAIN FLEXIBILITY FOR THE STRATEGIC NATIONAL STOCKPILE.
In General.—
Vendor-managed inventory and warm-base surge capacity.—
Contracts.
In general.—
Report.—
Assessment.
with respect to reports issued in 2027 or any subsequent year, an assessment of selected contracts or cooperative agreements entered into pursuant to paragraph (5).”Authorization of Appropriations.—
REIMBURSEMENT FOR CERTAIN SUPPLIES.
Reimbursement for certain supplies.—
136 STAT. 5788Determinations.
In general.—
Reimbursement and collection.—
Rule of construction.—
Report.—
Sunset.—
ACTION REPORTING ON STOCKPILE DEPLETION.
Stockpile Depletion Reporting.—
Plans.
plans to replenish such products, as appropriate, including related timeframes and any barriers or limitations to replenishment.”PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN PROGRAMS AND FACILITIES.
Clarification.—
Distribution of Medical Countermeasures to Indian Tribes.—
42 USC 247d–6f.
PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN PROGRAMS AND FACILITIES.
GRANTS FOR STATE STRATEGIC STOCKPILES.
Pilot Program to Support State Medical Stockpiles.—
Contracts.
In general.—
Determination.
A recipient 136 STAT. 5790 of such an award may not use award funds to support the stockpiling of security countermeasures (as defined in subsection (c)(1), unless the eligible entity provides justification for maintaining such countermeasures and the Secretary determines such justification is appropriate and applicable.Requirements.—
Application.—
Plan.
a plan for such stockpile, consistent with paragraph (4), including—Outline.
an outline of proposed expenses; andMatching funds.—
Determination.
Waiver.—
Applicability.
A waiver provided by the Secretary under this subparagraph shall apply only to the fiscal year involved.Administrative expenses.—
Lead entity.—
Use of funds.—
Review.
Revision.
review and revise, as appropriate, the contents of the stockpile on a regular basis to ensure that, to the extent practicable, new technologies and medical products are considered;Supplement not supplant.—
Deadline.
Update.
Guidance for states.—
Technical assistance.—
Reporting.—
Update.
State reports.—
Reports to congress.—
Time periods.
Authorization of appropriations.—
GAO Report.—
Assessments.
section. Such report shall include an assessment of—STUDY ON INCENTIVES FOR DOMESTIC PRODUCTION OF GENERIC MEDICINES.
In General.—
Reports.
not later than 1 year after the date of enactment of this Act, submit a report on such study to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.Definition.
Specified Generic Medicine.—
42 USC 247d–6b note.
INCREASED MANUFACTURING CAPACITY FOR CERTAIN CRITICAL ANTIBIOTIC DRUGS.
Program.—
Contracts.
In general.—
Eligible entities.—
Compliance.
be a manufacturer that is in compliance with, or demonstrates capability to comply with, the relevant requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); andStrategic plan.
a strategic plan regarding the maintenance, operation, and sustainment of such increased manufacturing capacity following the expiration of a contract under this subsection.Use of funds.—
Reports.—
Applicability.
Contract terms.—
Determination.
Milestone-based payments.—
Repayment.—
Contract duration.—
In general.—
Non-renewability.—
Notifications of extensions and terminations.—
Deadline.
Determination.
Secretary decides to terminate a contract prior to its expiration, the Secretary shall notify the manufacturer within 90 days of such determination.Additional terms.—
Statement.
shall provide a clear statement of defined Federal Government purpose limited to uses related to increasing domestic manufacturing capacity for antibiotic drugs to address identified supply chain vulnerabilities and challenges to establishing and maintaining domestic manufacturing capacity.Updates.
Sustainment.—
Report.—
Rule of Construction.—
Definitions.—
Active pharmaceutical ingredient.—
Antibiotic drug.—
Key starting material.—
Secretary.—
Sunset.—
Enhancing Development and Combating Shortages of Medical Products
DEVELOPMENT AND REVIEW
ACCELERATING COUNTERMEASURE DEVELOPMENT AND REVIEW.
Accelerating Countermeasure Development and Review During an Emergency.—
136 STAT. 5797Acceleration of countermeasure development and review.—
Actions.—
Limitation of effect.—
THIRD PARTY TEST EVALUATION DURING EMERGENCIES.
In General.—
Third Party Evaluation of Tests Used During an Emergency.—
Contracts.
Recommenda-
tions.
In general.—
Requirements regarding evaluations and recommendations.—
In general.—
Written recommendations.—
Rule of construction.—
Deadlines.
21 USC
360bbb–4 note.
Guidance.—
Revision.
later than 1 year after the public comment period on such draft guidance ends, the Secretary shall issue a revised draft guidance or final guidance.Deadlines.
Recommenda-
tions.
PLATFORM TECHNOLOGIES.
In General.—
21 USC 356k.
PLATFORM TECHNOLOGIES.
In General.—
Criteria.—
Request for Designation.—
Designation.—
Determination.
In general.—
Designation.—
Determination not to designate.—
Determination.
Revocation of designation.—
Applicability.—
Actions.—
Leveraging Data From Designated Platform Technologies.—
Changes to a Designated Platform Technology.—
Definitions.—
Rule of Construction.—
Deadline.
21 USC 356k note.
Guidance.—
Recommenda-
tions.
Requirements.
Such guidance shall include examples of drugs that can be manufactured using platform technologies, including drugs that contain or consist of vectors and nucleic acids, information about the Secretary’s review of platform technologies, information regarding submitting for designation, considerations for persons submitting a request for designation who have been granted a right of reference, the implementation of the designated platform technology designation program, efficiencies that may be achieved in the development and review of products that incorporate or utilize designated platform technologies, and recommendations and requirements for making and reporting manufacturing changes to a designated platform technology in accordance with section 506K(g) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) and section 506A of such Act (21 U.S.C. 356a), as applicable.Report.—
Recommenda-
tions.
recommendations, if any, to strengthen the program to better leverage platform technologies that can be used in more than one drug and meet patient needs in a manner as timely as possible, taking into consideration the resources available to the Secretary of Health and Human Services for carrying out such program.INCREASING EUA DECISION TRANSPARENCY.
21 USC 393 note.
IMPROVING FDA GUIDANCE AND COMMUNICATION.
FDA Report and Implementation of Good Guidance Practices.—
Web posting.
Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall develop, and publish on the website of the Food and Drug Administration—Implementation plan.
a plan for implementation of such best practices, including across other applicable agencies, which shall address—Report and Implementation of FDA Best Practices for Communicating With External Stakeholders.—
Web posting.
The Secretary, acting through the Commissioner of Food and Drugs, shall develop and publish on the website of the Food and Drug Administration a report on the practices of the Food and Drug Administration to broadly communicate with external stakeholders, other than through guidance documents, which shall include—Implementation plan.
a plan for implementation of best practices for communication with external stakeholders, which shall address—Consultation.—
Update.
Manner of Issuance.—
Deadlines.
Publications.
Timing.—
MITIGATING SHORTAGES
ENSURING REGISTRATION OF FOREIGN DRUG AND DEVICE MANUFACTURERS.
Registration of Certain Foreign Establishments.—
Applicability.
The requirements of paragraphs (1) and (2) shall apply regardless of whether the drug or device undergoes further manufacture, preparation, propagation, compounding, or processing at a separate establishment outside the United States prior to being imported or offered for import into the United States.”Deadline.
21 USC 360 note.
Updating Regulations.—
Labeling.
EXTENDING EXPIRATION DATES FOR CERTAIN DRUGS.
Deadline.
Guidance.
Revision.
21 USC 355 note.
In General.—
Data.
the submission of stability testing data in such applications, including considerations for data requirements that could be streamlined or reduced to facilitate faster review of longer proposed expiration dates;Report.—
COMBATING COUNTERFEIT DEVICES.
Prohibited Acts.—
Penalties.—
Seizure.—
Deadlines.
PREVENTING MEDICAL DEVICE SHORTAGES.
Notifications.—
Determination.
Additional Notifications.—
21 USC 356j note.
Guidance on Voluntary Notifications of Discontinuance or Interruption of Device Manufacture.—
Recommenda-
tions.
Timeframes.
Processes.
Such guidance shall include a description of circumstances in which a voluntary notification under such subsection (h) may be appropriate, recommended timeframes for such a notification, the process for receiving such a notification, and actions the Secretary may take to mitigate or prevent a shortage resulting from a discontinuance or interruption in the manufacture of a device for which such notification is received. The Secretary shall issue final guidance not later than 1 year after the close of the comment period for the draft guidance.21 USC 356j note.
Guidance on Device Shortage Notification Requirement.—
List.
Such guidance shall include a list of each device product code for which a manufacturer of such device is required to notify the Secretary in accordance with section 506J.TECHNICAL CORRECTIONS.
Technical Corrections to the CARES Act.—
21 USC 356c.
by21 USC 374.
by21 USC 360.
byTechnical Corrections to the Federal Food, Drug, and Cosmetic Act Related to the CARES Act.—
Section 506c.—
21 USC 356c note.
Effective date.—
Other Technical Correction to the Federal Food, Drug, and Cosmetic Act.—
Food and Drug Omnibus Reform Act of 2022.
FOOD AND DRUG ADMINISTRATION
21 USC 301 note.
SHORT TITLE.
21 USC 350a–1 note.
DEFINITION.
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.
REAUTHORIZATION OF CERTAIN DEVICE INSPECTIONS.
REAUTHORIZATION OF ORPHAN DRUG GRANTS.
REAUTHORIZATION OF REPORTING REQUIREMENTS RELATED TO PENDING GENERIC DRUG APPLICATIONS AND PRIORITY REVIEW APPLICATIONS.
131 Stat. 1073.
REAUTHORIZATION OF THIRD-PARTY REVIEW PROGRAM.
Drugs and Biologics
RESEARCH, DEVELOPMENT, AND COMPETITION IMPROVEMENTS
PROMPT REPORTS OF MARKETING STATUS BY HOLDERS OF APPROVED APPLICATIONS FOR BIOLOGICAL PRODUCTS.
In General.—
Additional One-Time Report.—
Review.
Notice.
Additional One-Time Report.—
Purple Book.—
Failure To Meet Requirements.—
Determinations.
move the application holder’s drugs from the active section of the list published under section 505(j)(7)(A) to the discontinued section of the list, except that the Secretary shall remove from the list in accordance with section 505(j)(7)(C) drugs the Secretary determines have been withdrawn from sale for reasons of safety or effectiveness; andUpdate.
byTechnical Corrections.—
IMPROVING THE TREATMENT OF RARE DISEASES AND CONDITIONS.
Report on Orphan Drug Program.—
Summary.
Time period.
In general.—
Web posting.
Public availability.—
Information disclosure.—
Deadline.
Publication.
Guidance.—
Study on European Union Safety and Efficacy Reviews of Drugs for Rare Diseases and Conditions.—
Contracts.
In general.—
Data.
the consideration and use of supplemental data submitted during review processes in the United States and the European Union, including data associated with open label extension studies and expanded access programs specific to rare diseases or conditions;Assessment.
an assessment of collaborative efforts between United States and European Union regulators related to—Recommenda-
tions.
Consultation.—
Report.—
Web posting.
Public availability.—
Public Meeting.—
Deadline.
In general.—
Approaches.—
Public comments.
Public docket.—
Time period.
docket shall remain open for 60 days following the date of each such public meeting.Web posting.
Reports.—
Recommenda-
tions.
any related recommendations.Consultation on the Science of Small Population Studies.—
GAO Report.—
Assessments.
In general.—
Content of report.—
Assessment.
Assessment.
assess the extent to which the Food and Drug Administration is applying the policies and practices described in subparagraph (C) consistently across review divisions, and the factors that influence the extent to which such application is consistent; andRecommenda-
tions.
include recommendations to address challenges and deficiencies identified, including recommendations to improve the effectiveness, consistency, and coordination of policies, practices, and programs of the Food and Drug Administration related to the review of applications for 136 STAT. 5814 drugs and biological products intended to treat rare diseases and conditions.Definition.—
EMERGING TECHNOLOGY PROGRAM.
21 USC
360bbb–5a.
EMERGING TECHNOLOGY PROGRAM.
Program Establishment.—
In general.—
Actions.—
Grants.
Contracts.
award grants or contracts to carry out or support the program under paragraph (1).Grants and contracts.—
Guidance.—
Update.
issue or update guidance to help facilitate the adoption of, and advance the development of, innovative approaches to drug product design and manufacturing; andReport to Congress.—
NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND CONTINUOUS PHARMACEUTICAL MANUFACTURING.
In General.—
NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND CONTINUOUS PHARMACEUTICAL MANUFACTURING.
In General.—
Deadline.
Designations.
beginning not later than one year after the date of enactment of the Food and Drug Omnibus Reform Act of 2022, designate as National Centers of Excellence institutions of higher education or consortia of institutions of higher education that—Grants.
award grants to such institutions or consortia of institutions; and136 STAT. 5816Designations.
shall so designate not more than 5 institutions of higher education or consortia of such institutions.Request for Designation.—
Eligibility Criteria for Designation.—
Plan.
Deadline.
a plan, to be implemented within 2 years, to establish partnerships described in subparagraph (A).Designation.
Termination of Designation.—
Deadline.
Notice.
Not later than 90 days before the effective date of such a termination, the Secretary shall provide written notice to the National Center of Excellence, including the rationale for such termination.Requirements.
Contracts.
Conditions for Designation.—
Strategic plan.
to develop, along with industry partners (which may include large and small pharmaceutical manufacturers, including generic and nonprescription manufacturers, and contract research organizations or contract manufacturers that carry out drug development and manufacturing activities) and another institution or consortium designated under this section, if any, a strategic plan for developing an advanced and continuous pharmaceutical manufacturing workforce;Strategic plan.
to develop, along with industry partners and other institutions or consortia of such institutions designated under this section, a strategic plan for strengthening existing, and developing new, partnerships with other institutions of higher education or consortia thereof, or nonprofit organizations; andReports.
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).Funding.—
Grants.
Contracts.
In general.—
Consistency with fda mission.—
Rule of construction.—
Annual Review and Reports.—
Annual report to congress.—
Expenses.
include in such report an accounting of the Federal administrative expenses described in subsection (i)(2) over the reporting period; andPublic information.
Web posting.
Summary.
Center of excellence report.—
Periodic review.—
Plans.
Guidance.
Regulations.
Additional report to congress.—
Summary.
a summary of relevant feedback related to improving advanced and continuous pharmaceutical manufacturing solicited from the public, which may include other institutions of higher education, nonprofit organizations, and large and small pharmaceutical manufacturers, including generic and nonprescription manufacturers, and contract manufacturers, and other relevant entities.Definitions.—
Advanced and continuous pharmaceutical manufacturing.—
Biological product.—
Drug.—
Institution of higher education.—
Secretary.—
Authorization of Appropriations.—
Time periods.
In general.—
Federal administrative expenses.—
Applicability.
21 USC 399h note.
Transition Rule.—
Clerical Amendment.—
130 Stat. 1034.
Deadline.
PUBLIC WORKSHOP ON CELL THERAPIES.
CLARIFICATIONS TO EXCLUSIVITY PROVISIONS FOR FIRST INTERCHANGEABLE BIOSIMILAR BIOLOGICAL PRODUCTS.
GAO REPORT ON NONPROFIT PHARMACEUTICAL ORGANIZATIONS.
GAO Review.—
Recommenda-
tions.
recommendations to address such challenges.Report.—
21 USC 360aa note.
RARE DISEASE ENDPOINT ADVANCEMENT PILOT PROGRAM.
Procedures.
In General.—
Process.
developing and implementing a process for applying to, and participating in, such a program.Deadline.
Public Workshops.—
Reports.—
Interim report.—
Final report.—
Deadline.
Guidance.—
Sunset.—
ANIMAL TESTING ALTERNATIVES.
In General.—
Nonclinical Test Defined.—
Biosimilar Biological Product Applications.—
MODERNIZING ACCELERATED APPROVAL.
In General.—
In general.—
Web posting.
Studies not required.—
Deadline.
Postapproval study conditions.—
Studies begun before approval.—
In general.—
Expedited procedures described.—
Notice.
Appeal.
an opportunity for written appeal to—Public comment.
providing an opportunity for public comment on the proposal to withdraw approval;Summary.
Web posting.
Consultation.
convening and consulting an advisory committee on issues related to the proposed withdrawal, if requested by the sponsor and if no such advisory committee has previously advised the Secretary on such issues with respect to the withdrawal of the product prior to the sponsor’s request.”Reports of Postmarketing Studies.—
Accelerated approval.—
Web posting.
shall promptly publish on the website of the Food and Drug Administration, in an easily searchable format, the information reported under this paragraph.”Enforcement.—
21 USC 356 note.
Guidance.—
In general.—
Deadlines.
Final guidance.—
21 USC 356–2.
Accelerated Approval Council.—
Deadline.
Establishment.
In general.—
Membership.—
Duties of the council.—
Meetings.—
Policy development.—
Public information.
Web posting.
Publication of a report.—
21 USC 356 note.
Rule of Construction.—
Deadlines.
21 USC 355 note.
ANTIFUNGAL RESEARCH AND DEVELOPMENT.
Draft Guidance.—
Final Guidance.—
Workshop.—
ADVANCING QUALIFIED INFECTIOUS DISEASE PRODUCT INNOVATION.
In General.—
Definition.
Qualified Infectious Disease Product.—
Priority Review.—
ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION PROGRAM.
21 USC 356l.
ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION PROGRAM.
Deadline.
In General.—
Designation Process.—
Evaluation and Designation of an Advanced Manufacturing Technology.—
Data.
Submission.—
Deadline.
Determination.
Evaluation and designation.—
Review of Advanced Manufacturing Technologies.—
Implementation and Evaluation of Advanced Manufacturing Technologies Program.—
Federal Register, publication.
Notice.
Deadline.
Recommenda-
tions.
Public meeting.—
Program guidance.—
In general.—
Deadlines.
Content.—
Web posting.
Evaluations.
Report.—
Analysis.
An analysis of the factors in data submissions that result in determinations to designate and not to designate after evaluation under subsection (c)(2).136 STAT. 5829Sunset.—
TRANSPARENCY, PROGRAM INTEGRITY, AND REGULATORY IMPROVEMENTS
SAFER DISPOSAL OF OPIOIDS.
THERAPEUTIC EQUIVALENCE EVALUATIONS.
Deadlines.
Data.
With respect to an application submitted pursuant to subsection (b)(2) for a drug that is subject to section 503(b) for which the sole difference from a listed drug relied upon in the application is a difference in inactive ingredients not permitted under clause (iii) or (iv) of section 314.94(a)(9) of title 21, Code of Federal Regulations (or any successor regulations), the Secretary shall make an evaluation with respect to whether such drug is a therapeutic equivalent (as defined in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)) to another approved drug product in the prescription drug product section of the list under this paragraph as follows:Revisions.
When the Secretary makes an evaluation under subclause (I), the Secretary shall, in revisions made to the list pursuant to clause (ii), include such information for such drug.”PUBLIC DOCKET ON PROPOSED CHANGES TO THIRD-PARTY VENDORS.
In General.—
Deadline.
Public comment.
Opening public docket.—
Factors.—
Deadline.
Closing public docket.—
No delay.—
GAO Report.—
Revisions.
Labeling.
Deadlines.
ENHANCING ACCESS TO AFFORDABLE MEDICINES.
Medical Devices
DUAL SUBMISSION FOR CERTAIN DEVICES.
Determination.
sufficient information to enable the Secretary to determine whether such laboratory examination or procedure satisfies the criteria to be categorized under section 353(d)(3) of the Public Health Service Act.”MEDICAL DEVICES ADVISORY COMMITTEE MEETINGS.
Establishment.
Time period.
In General.—
Required Panel Member.—
Sunset.—
GAO REPORT ON THIRD-PARTY REVIEW.
Audit.
the results of an audit of the performance of select persons accredited under such program.CERTIFICATES TO FOREIGN GOVERNMENTS.
Applicability.
Fees.
A certification for a device described in clause (i) shall be subject to the fee described in subparagraph (B).Applicability.
The requirements and procedures of subparagraph (E) shall apply to a denial of a certification under this subparagraph.”ENSURING CYBERSECURITY OF MEDICAL DEVICES.
In General.—
21 USC 360n–2.
ENSURING CYBERSECURITY OF DEVICES.
In General.—
Cybersecurity Requirements.—
Plan.
submit to the Secretary a plan to monitor, identify, and address, as appropriate, in a reasonable time, postmarket cybersecurity vulnerabilities and exploits, including coordinated vulnerability disclosure and related procedures;Processes.
Procedures.
Updates.
design, develop, and maintain processes and procedures to provide a reasonable assurance that the device and related systems are cybersecure, and make available postmarket updates and patches to the device and related systems to address—Compliance.
comply with such other requirements as the Secretary may require through regulation to demonstrate reasonable assurance that the device and related systems are cybersecure.Definition.—
Exemption.—
Federal Register, publication.
Update.
List.
Secretary shall publish in the Federal Register, and update, as appropriate, a list of the devices, or categories or types of devices, so identified by the Secretary.”Prohibited Act.—
21 USC 331 note.
Rule of Construction.—
21 USC 331 note.
Effective Date.—
21 USC 360n–2 note.
Guidance for Industry and FDA Staff on Device Cybersecurity.—
Deadline.
Review.
Update.
later than 2 years after the date of enactment of this Act, and periodically thereafter as appropriate, the Secretary, 136 STAT. 5834 in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall review and, as appropriate and after soliciting and receiving feedback from device manufacturers, health care providers, third-party-device servicers, patient advocates, and other appropriate stakeholders, update the guidance entitled “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices” (or a successor document).Deadline.
Updates.
Web posting.
21 USC 360n–2 note.
Resources Regarding Cybersecurity of Devices.—
Publication.
GAO Report.—
Examinations.
Through such report, the Comptroller General shall examine—21 USC 360n–2 note.
Definition.—
BANS OF DEVICES FOR ONE OR MORE INTENDED USES.
In General.—
21 USC 360f note.
Rule of Construction.—
21 USC 360g–2.
THIRD PARTY DATA TRANSPARENCY.
In General.—
Summary.
in the event that information described in paragraph (1) is used to support regulatory decision-making, and as otherwise appropriate, to the extent practicable, provide the manufacturer or manufacturers subject to such decision a summary of such information, subject to protection of confidential commercial information or trade secret information or personally identifiable information.Web posting.
Report.—
Rule of Construction.—
PREDETERMINED CHANGE CONTROL PLANS FOR DEVICES.
In General.—
21 USC 360e–4.
PREDETERMINED CHANGE CONTROL PLANS FOR DEVICES.
Approved Devices.—
In general.—
Predetermined change control plan.—
Requirements.
Labeling.
Notifications.
Scope.—
Cleared Devices.—
In general.—
Predetermined change control plan.—
Requirements.
Labeling.
Notifications.
Scope.—
Determination.
Predicate Devices.—
Conforming Amendments.—
Cleared devices.—
Approved devices.—
Documentation of rationale for significant decisions.—
Summary.
In general.—
SMALL BUSINESS FEE WAIVER.
In General.—
In general.—
Small businesses fee waiver.—
Definition of small business.—
Time period.
Effective date.
Determination.
Waiver.—
Firms submitting tax returns to the united states internal revenue Records.
Certifications.
service.—
Firms not submitting tax returns to the united states internal revenue service.—
Certification.
Notice.
Federal Register, publication.
case of an establishment that has not previously submitted a Federal income tax return, the establishment and each of its affiliates shall demonstrate that it meets the definition under subclause (I) by submission of a signed certification, in such form as the Secretary may direct through a notice published in the Federal Register, that the establishment or affiliate meets the criteria for a small business and a certification, in English, from the national taxing authority, if extant, of the country in which the establishment or, if applicable, affiliate is headquartered. The certification from such taxing authority shall bear the official seal of such taxing authority and shall provide the establishment’s or affiliate’s gross receipts or sales for the most recent year in both the local currency of such country and in United States dollars, the exchange rate used in converting such local currency to dollars, and the dates during which these receipts or sales were collected. TheStatement.
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.136 STAT. 5838Deadline.
Request for waiver.—
Taxing Authority.—
Infant Formula
21 USC 350a–1.
PROTECTING INFANTS AND IMPROVING FORMULA SUPPLY.
Definitions.—
In general.—
Critical food.—
Office of Critical Foods.—
Establishment.
In general.—
Appointment.
The Secretary shall appoint a Director to lead such Office.Duties.—
Premarket Submissions of Infant Formula to Address Shortages.—
Premarket Submissions To Address Shortages.—
Waiver.
Time periods.
Requirement.
In general.—
Effective period.—
Determination.
Report.—
Web posting.
List.
Infant Formula Flexibilities.—
International Harmonization of Infant Formula Requirements.—
In general.—
Contracts.
may enter into arrangements or agreements regarding such requirements with other countries, as appropriate, including arrangements or agreements with a foreign government or agency of a foreign government to recognize the inspection of foreign establishments that manufacture infant formula for export to the United States.Study on infant formula.—
Contracts.
Examination.
Reports.
In general.—
Contents of the report.—
Assessments.
Evaluations.
assess and evaluate—Recommenda-
tions.
include recommendations, including for infant formula manufacturers, on measures to address supply and market competition in the United States.136 STAT. 5840Final report.—
Transparency and Accountability To Support Infant Formula Innovation.—
Congressional notification of recall.—
Congressional Notification of Recall.—
Deadline.
In general.—
Summaries.
Contents.—
Estimate.
Annual report to congress.—
Annual Report to Congress.—
In general.—
Confidentiality.—
New infant formula submissions.—
Deadline.
The Secretary shall provide a response to a submission under this subsection not later than 45 days after receiving such submission.”Reviews.
Deadline.
List of nutrients.—
Revision.
The Secretary may revise the list of nutrients and the required level for any nutrient required by the table”.Deadline.
Guidance.—
Technical correction.—
Response to Recall.—
Manufacturer submission.—
In general.—
Plans.
Contents.—
Timeline.
A plan (including an estimated timeline, as applicable) of actions the manufacturer will take, suited to the individual circumstances of the particular recall, including—Report to congress.—
In general.—
Contents.—
Estimate.
an estimate of how long current supplies will last.Sunset.—
Deadlines.
Coordination With Manufacturer.—
In general.—
List.
Communication following inspection.—
Response to manufacturer.—
Inspections.—
Annual inspections.—
Contracts.
Memorandums.
In meeting the inspection requirements under this subsection, the Secretary may rely on inspections conducted by foreign regulatory authorities, under arrangements or agreements, and conducted by State agencies under contract, memoranda of understanding, or any other obligation.Deadlines.
National Strategy on Infant Formula.—
In general.—
Assessments.
Immediate national strategy.—
Plan.
Update.
Recommenda-
tions.
Long-term strategy.—
Outline.
outlining methods to incentivize new infant formula manufacturers to increase supply and mitigate future shortages; andMeaningful Disruption in the Production of Critical Food.—
21 USC 350m.
REQUIREMENTS FOR CRITICAL FOOD.
Deadlines.
Notification of Meaningful Disruption for Critical Food.—
In general.—
Determination.
Distribution of information.—
Confidentiality.—
Definition.
Meaningful disruption.—
Evaluations.
Risk Management Plans.—
Failure To Meet Requirements.—
In general.—
Letter.
Deadline.
Public information.
Web posting.
Determination.
Review.
Exception.—
Specialty Infant Formula for Importation.—
Waiver of Requirements for Importation of Specialty Infant Formula.—
Determinations.
In general.—
Rule of construction.—
Definition of specialty infant formula.—
Importation for Personal Use.—
Time periods.
In general.—
Canada.
Canada;Determination.
any other country that is determined by the Secretary to be implementing and enforcing requirements for infant formula that provide a similar assurance of safety and nutritional adequacy as the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).Limitations.—
Reporting of adverse events.—
Web posting.
Public notice.—
Sense of congress.—
Modernization of Cosmetics Regulation
Act of 2022.
Cosmetics
21 USC 301 note.
SHORT TITLE.
AMENDMENTS TO COSMETIC REQUIREMENTS.
21 USC 364.
DEFINITIONS.
Adverse event.—
Cosmetic product.—
Facility.—
In general.—
Clarification.—
Responsible person.—
Serious adverse event.—
21 USC 364a.
ADVERSE EVENTS.
Serious Adverse Event Reporting Requirements.—
Submission of Reports.—
Records.
Serious adverse event report.—
New medical information.—
Consolidation of reports.—
Regulations.
Determination.
Exemptions.—
Contact Information.—
Maintenance and Inspection of Adverse Event Records.—
Time periods.
Maintenance.—
Inspection.—
In general.—
Definition.
Authorized person.—
List.
Fragrance and Flavor Ingredients.—
Deadline.
The responsible person shall ensure that the requested information is submitted to the Secretary within 30 days of such request. In response to a request under section 552 of title 5, United States Code, information submitted to the Secretary under this subsection shall be withheld under section 552(b)(3) of title 5, United States Code.Protected Information.—
Statement.
Records.
Effect of Section.—
136 STAT. 5850Memorandums.
In general.—
Personally identifiable information.—
Use of reports.—
Rule of construction.—
21 USC 364b.
GOOD MANUFACTURING PRACTICE.
Regulations.
In General.—
Inspection.
Records.
Compliance.
Such regulations may allow for the Secretary to inspect records necessary to demonstrate compliance with good manufacturing practices prescribed by the Secretary under this paragraph during an inspection conducted under section 704.Considerations.—
Requirements.
Such regulations shall include simplified good manufacturing practice requirements for smaller businesses, as appropriate, to ensure that such regulations do not impose undue economic hardship for smaller businesses, and may include longer compliance times for smaller businesses.Consultation.
Before issuing regulations to implement subsection (a), the Secretary shall consult with cosmetics manufacturers, including smaller businesses, consumer organizations, and other experts selected by the Secretary.Publications.
Notice.
Deadlines.
Timeframe.—
Deadlines.
21 USC 364c.
REGISTRATION AND PRODUCT LISTING.
Submission of Registration.—
Effective dates.
Initial registration.—
Existing facilities.—
New facilities.—
Biennial renewal of registration.—
Contract manufacturers.—
Notification.
Updates to content.—
Abbreviated renewal registrations.—
Format; Contents of Registration.—
In general.—
Contents.—
Cosmetic Product Listing.—
In general.—
Effective dates.
Cosmetic product listing.—
Updates.
Time period.
Thereafter, any updates to such listing shall be made annually, consistent with paragraphs (4) and (5).Abbreviated renewal.—
Contents of listing.—
In general.—
Flexible listings.—
Time period.
Updates to content.—
Submission.—
Facility Registration and Product Listing Numbers.—
Assignment.
time of the initial registration of any facility under subsection (a)(1) or initial listing of any cosmetic product under (c)(1), the Secretary shall assign a facility registration number to the facility 136 STAT. 5853 and a product listing number to each cosmetic product. The Secretary shall not make such product listing number publicly available.Confidentiality.—
Determinations.
Suspensions.—
Suspension of registration of a facility.—
Notice of suspension.—
Plan.
an opportunity, within 5 business days of the notice provided under subparagraph (A), for the responsible person to provide a plan for addressing the reasons for possible suspension of the facility registration.Hearing on suspension.—
Requirement.
Post-hearing corrective action plan.—
Review.
Secretary shall review such plan not later than 14 business days after the submission of the corrective action plan or such other time period as determined by the Secretary, in consultation with the registrant.Vacating of order; reinstatement.—
Effect of suspension.—
No delegation.—
Records.
21 USC 364d.
SAFETY SUBSTANTIATION.
Substantiation of Safety.—
Coal-Tar Hair Dye.—
Definitions.—
Adequate substantiation of safety.—
Safe.—
21 USC 364e.
LABELING.
General Requirement.—
Determination.
Regulations.
Fragrance Allergens.—
Notice.
Regulations.
Deadlines.
The Secretary shall issue a notice of proposed rulemaking promulgating the regulation implementing this requirement not later than 18 months after the date of enactment of the Modernization of Cosmetics Regulation Act of 2022, and not later than 180 days after the date on which the public comment period on the proposed rulemaking closes, shall issue a final rulemaking. In promulgating regulations implementing this subsection, the Secretary shall consider international, State, and local requirements for allergen disclosure, including the substance 136 STAT. 5855 and format of requirements in the European Union, and may establish threshold levels of amounts of substances subject to disclosure pursuant to such regulations.Cosmetic Products for Professional Use.—
Definition of professional.—
Professional use labeling.—
Statement.
contains a clear and prominent statement that the product shall be administered or used only by licensed professionals; and21 USC 364f.
RECORDS.
Notice.
Determination.
In General.—
Rule of Construction.—
21 USC 364g.
MANDATORY RECALL AUTHORITY.
Determinations.
In General.—
Requirements.
the responsible person refuses to or does not voluntarily cease distribution or recall such cosmetic within the time and manner prescribed by the Secretary (if so prescribed), the Secretary 136 STAT. 5856 may, by order, require, as the Secretary determines necessary, such person to immediately cease distribution of such article.Deadline.
Hearing.—
Order Resolution.—
Determination.
vacate the order, if the Secretary determines that inadequate grounds exist to support the actions required by the order;Continuation.
continue the order ceasing distribution of the cosmetic until a date specified in such order; orRequirements.
Notifications.
Schedule.
Updates.
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.Action Following Order.—
Determination.
Notice.
Notice to Persons Affected.—
Public Notification.—
Web posting.
No Delegation.—
Effect.—
Time periods.
21 USC 364h.
SMALL BUSINESSES.
In General.—
Requirements Applicable to All Manufacturers and Processors of Cosmetics.—
21 USC 364i.
EXEMPTION FOR CERTAIN PRODUCTS AND FACILITIES.
In General.—
Exception.—
21 USC 364j.
PREEMPTION.
In General.—
Limitation.—
Savings.—
Rule of Construction.—
ENFORCEMENT AND CONFORMING AMENDMENTS.
In General.—
Prohibited acts.—
Adulterated products.—
Misbranded cosmetics.—
Adverse event reporting.—
Effective Dates.—
21 USC 331 note.
In general.—
21 USC 364e note.
Labeling requirement.—
21 USC 364 note.
Confidentiality.—
In general.—
Clarification.—
RECORDS INSPECTION.
Deadlines.
Regulations.
21 USC 364d note.
TALC-CONTAINING COSMETICS.
PFAS IN COSMETICS.
Assessment.
In General.—
Web posting.
Summary.
Report.—
SENSE OF THE CONGRESS ON ANIMAL TESTING.
Time periods.
FUNDING.
Cross-Cutting Provisions
CLINICAL TRIAL DIVERSITY AND MODERNIZATION
DIVERSITY ACTION PLANS FOR CLINICAL STUDIES.
Drugs.—
Guidance.
Deadline.
Waiver authority.
Determination.
Deadline.
Devices.—
Waiver authority.
Determination.
Deadline.
GUIDANCE ON DIVERSITY ACTION PLANS FOR CLINICAL STUDIES.
Update.
21 USC 355 note.
In General.—
Deadlines.
21 USC 355 note.
Issuance.—
Update.
Public comments.
Effective date.
21 USC 355 note.
Applicability.—
PUBLIC WORKSHOPS TO ENHANCE CLINICAL STUDY DIVERSITY.
Deadline.
In General.—
Public comment.
Public Docket.—
Time period.
public comment period shall remain open for 60 days following the date on which each public workshop is convened.136 STAT. 5864Public information.
Web posting.
Report.—
Summary.
Recommenda-
tions.
report shall include a summary of topics and responses to any recommendations raised in such workshop.21 USC 355 note.
ANNUAL SUMMARY REPORT ON PROGRESS TO INCREASE DIVERSITY IN CLINICAL STUDIES.
Public information.
Web posting.
In General.—
Confidentiality.—
Recommenda-
tions.
PUBLIC MEETING ON CLINICAL STUDY FLEXIBILITIES INITIATED IN RESPONSE TO COVID–19 PANDEMIC.
Deadline.
In General.—
Web posting.
Reports.
Topics.—
COVID–19 Emergency Period Defined.—
Recommenda-
tions.
21 USC
360a–1 note.
DECENTRALIZED CLINICAL STUDIES.
Deadlines.
Guidance.—
Revision.
Content of Guidance.—
Data.
Evaluation.
Data.
Data.
Data.
Assessment.
Evaluation.
Data.
Definition.—
Deadlines.
Revisions.
Guidance.
Reviews.
Recommenda-
tions.
21 USC
360a–1 note.
MODERNIZING CLINICAL TRIALS.
Clarifying the Use of Digital Health Technologies in Clinical Trials.—
In general.—
Content.—
Seamless and Concurrent Clinical Trials.—
In general.—
Content.—
Analysis.
Memorandums.
International Harmonization.—
INSPECTIONS
DEVICE INSPECTIONS.
In General.—
Records or Other Information.—
Establishments.—
21 USC 374 note.
Guidance.—
Update.
In general.—
Deadlines.
Timing.—
Records.
BIORESEARCH MONITORING INSPECTIONS.
In General.—
Studies.
Determination.
21 USC 374 note.
Review of Processes and Practices; Guidance for Industry.—
In general.—
Evaluation.
Guidance.—
In general.—
Deadlines.
Timing.—
IMPROVING FOOD AND DRUG ADMINISTRATION INSPECTIONS.
Risk Factors for Establishments.—
Use of Records.—
Recognition of Foreign Government Inspections.—
Periodic Review.—
Deadline.
Assessments.
In general.—
Reports to congress.—
GAO REPORT ON INSPECTIONS OF FOREIGN ESTABLISHMENTS MANUFACTURING DRUGS.
In General.—
Contents.—
21 USC 374 note.
UNANNOUNCED FOREIGN FACILITY INSPECTIONS PILOT PROGRAM.
Evaluations.
In General.—
Cost benefits.
Pilot Program Scope.—
Deadline.
Pilot Program Initiation.—
Public information.
Web posting.
Recommenda-
tions.
Report.—
ENHANCING COORDINATION AND TRANSPARENCY ON INSPECTIONS.
Coordination.—
Coordination.—
Temporary Sunset.—
Time period.
Subsections (b), (c), and (e) shall not be in effect during the period beginning 5 years after the date of enactment of the Food and Drug Administration Safety and Innovation Act and ending on 136 STAT. 5875 the date of enactment of the Food and Drug Omnibus Reform Act of 2022.Effective date.
Subsections (b), (c), and (e) shall be in effect beginning on the date of enactment of the Food and Drug Omnibus Reform Act of 2022.”Reporting.—
Amendments.—
21 USC
356c–1 note.
Applicability.—
Reporting of Mutual Recognition Agreements for Inspections and Review Activities.—
Time period.
Definition.
Region of interest.—
ENHANCING TRANSPARENCY OF DRUG FACILITY INSPECTION TIMELINES.
ANNUAL REPORT ON INSPECTIONS.
Public information.
Web posting.
Time period.
later than 120 days after the end of each fiscal year, the Secretary of Health and Human Services shall post on the website of the Food and Drug Administration information related to inspections of facilities necessary for approval of a drug under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or approval of a device under section 515 of such Act (21 U.S.C. 360e) that were conducted during the previous fiscal year. Such information shall include the following:MISCELLANEOUS
REGULATION OF CERTAIN PRODUCTS AS DRUGS.
Definitions.
Waiver authority.
Deadline.
WOMEN’S HEALTH RESEARCH ROADMAP.
Review.
Update.
Briefing.
STRATEGIC WORKFORCE PLAN AND REPORT.
21 USC
379d–3b.
STRATEGIC WORKFORCE PLAN AND REPORT.
Public information.
Web posting.
Strategy.
In General.—
Use of the Food and Drug Administration Strategic Workforce Plan.—
Update.
Each center within the Food and Drug Administration shall develop and update, as appropriate, a strategic plan that will be informed by the Food and Drug Administration Strategic Workforce Plans developed under subsection (a).Contents of the Food and Drug Administration Strategic Workforce Plan.—
Considerations.—
Evaluation of Progress.—
Additional Considerations.—
ENHANCING FOOD AND DRUG ADMINISTRATION HIRING AUTHORITY FOR SCIENTIFIC, TECHNICAL, AND PROFESSIONAL PERSONNEL.
Analysis.
Plan.
Time periods.
FACILITIES MANAGEMENT.
PDUFA Authority.—
BsUFA Authority.—
GDUFA Authority.—
MDUFA Authority.—
Technical Correction.—
In general.—
131 Stat. 1090.
21 USC 379j note.
Effective date.—
USER FEE PROGRAM TRANSPARENCY AND ACCOUNTABILITY.
PDUFA.—
Reauthorization; reporting requirements.—
“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.”
Time periods.
Determination.
Public information.
Web posting.
Reauthorization.—
Updates to congress.—
MDUFA.—
Reauthorization; reporting requirements.—
Reauthorization.—
Updates to congress.—
GDUFA.—
Reauthorization; reporting requirements.—
Reauthorization.—
Updates to congress.—
BsUFA.—
Reauthorization; reporting requirements.—
Reauthorization.—
Prior public input.—
Notice.
Federal Register, publication.
Time period.
Web posting.
Periodic consultation.—
Updates to congress.—
Minutes of negotiation meetings.—
Web posting.
Deadline.
Public availability.—
Summary.
Content.—
IMPROVING INFORMATION TECHNOLOGY SYSTEMS OF THE FOOD AND DRUG ADMINISTRATION.
21 USC 393 note.
FDA Strategic Information Technology Plan.—
Deadlines.
Public information.
Web posting.
In general.—
Content of strategic plan.—
Inventory.
Assessment.
Analysis.
Evaluation of progress.—
Assessments.
GAO Report.—
In general.—
Content of report.—
Time period.
Recommenda-
tions.
REPORTING ON MAILROOM AND OFFICE OF THE EXECUTIVE SECRETARIAT OF THE FOOD AND DRUG ADMINISTRATION.
Report.—
Procedures.
Annual Report.—
Assessment.
GAO Report.—
21 USC 355 note.
FACILITATING THE USE OF REAL WORLD EVIDENCE.
Deadline.
Revision.
Data.
Guidance.—
Report to Congress.—
Summary.
Information Disclosure.—
FACILITATING EXCHANGE OF PRODUCT INFORMATION PRIOR TO APPROVAL.
In General.—
Labeling.
Statement.
Statement.
Records.
Labeling.
Updates.
Definition.
GAO Study and Report.—
Analyses.
study shall include an analysis of the following:42 USC
247d–12 note.
STREAMLINING BLOOD DONOR INPUT.
MEDICARE PROVISIONS
Medicare Extenders
EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT ADJUSTMENT FOR CERTAIN LOW-VOLUME HOSPITALS.
In General.—
42 USC 1395ww note.
Implementation.—
EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL PROGRAM.
In General.—
Conforming Amendments.—
Extension of target amounts.—
Permitting hospitals to decline reclassification.—
EXTENSION OF ADD-ON PAYMENTS FOR AMBULANCE SERVICES.
Other Expiring Medicare Provisions
EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN ELIGIBLE ALTERNATIVE PAYMENT MODELS.
In General.—
Conforming Amendments.—
EXTENSION OF SUPPORT FOR PHYSICIANS AND OTHER PROFESSIONALS IN ADJUSTING TO MEDICARE PAYMENT CHANGES.
Time periods.
ADVANCING TELEHEALTH BEYOND COVID–19.
Removing Geographic Requirements and Expanding Originating Sites for Telehealth Services.—
Expanding Practitioners Eligible to Furnish Telehealth Services.—
Extending Telehealth Services for Federally Qualified Health Centers and Rural Health Clinics.—
Delaying the In-person Requirements Under Medicare for Mental Health Services Furnished Through Telehealth and Telecommunications Technology.—
Delay in requirements for mental health services furnished through telehealth.—
Mental health visits furnished by rural health clinics.—
Mental health visits furnished by federally qualified health centers.—
Allowing for the Furnishing of Audio-only Telehealth Services.—
Continuations.
Section 1834(m)(9) of the Social Security Act (42 U.S.C. 1395m(m)(9))Use of Telehealth to Conduct Face-to-face Encounter Prior to Recertification of Eligibility for Hospice Care During Emergency Period.—
Study on Telehealth and Medicare Program Integrity.—
136 STAT. 5900Reviews.
In general.—
Study.—
Analysis.
Scope of study.—
Medical record review.—
Reports.—
Interim report.—
Final report.—
Definitions.—
Secretary.—
Standard program integrity review.—
Telehealth service.—
Funding.—
42 USC 1395f note.
Program Instruction Authority.—
REVISED PHASE-IN OF MEDICARE CLINICAL LABORATORY TEST PAYMENT CHANGES.
Revised Phase-in of Reductions From Private Payor Rate Implementation.—
Revised Reporting Period for Reporting of Private Sector Payment Rates for Establishment of Medicare Payment Rates.—
Medicare Mental Health Provisions
COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM.
Coverage of Services.—
In general.—
Definitions.—
Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor.—
Marriage and family therapist services.—
Marriage and family therapist.—
Mental health counselor services.—
Mental health counselor.—
Amount of payment.—
Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.—
Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.—
Coverage of Certain Mental Health Services Provided in Certain Settings.—
Rural health clinics and federally qualified health centers.—
Hospice programs.—
42 USC 1395l note.
Effective Date.—
ADDITIONAL RESIDENCY POSITIONS.
In General.—
Distribution of additional residency positions in psychiatry and psychiatry subspecialties.—
Additional residency positions.—
Effective date.
In general.—
Number available for distribution.—
Distribution for psychiatry or psychiatry subspecialty residencies.—
Notification.
Deadline.
Timing.—
Effective date.
Such increase shall be effective beginning July 1 of such fiscal year.Applicability.
Distribution.—
Determinations.
Considerations in distribution.—
Minimum distribution for certain categories of hospitals.—
Pro rata application.—
Requirements.—
Limitation.—
Prohibition on distribution to hospitals without an increase agreement.—
Requirement for hospitals to expand programs.—
Application of per resident amounts for nonprimary care.—
Permitting facilities to apply aggregation rules.—
Definitions.—
Otherwise applicable resident limit.—
Psychiatry or psychiatry subspecialty residency.—
Qualifying hospital.—
Reference resident level.—
Resident level.—
IME.—
Effective date.
Prohibition on Judicial Review.—
Deadlines.
IMPROVING MOBILE CRISIS CARE IN MEDICARE.
Payment for Psychotherapy for Crisis Services Furnished in an Applicable Site of Service.—
In general.—
Effective dates.
Payment for psychotherapy for crisis services furnished in an applicable site of service.—
In general.—
Services described.—
Amount of payment.—
Definitions.—
Applicable site of service.—
Psychotherapy for crisis services.—
Waiver of budget neutrality.—
42 USC
1395w–4 note.
Education and Outreach.—
42 USC
1395w–4 note.
Open Door Forum.—
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.—
42 USC
1395w–4 note.
Not later than January 1, 2024, the Secretary shall use existing communication mechanisms to provide education and outreach to providers of services, physicians, and practitioners with respect to the ability of auxiliary personnel, including peer support specialists, to participate, consistent with applicable requirements for auxiliary personnel, in the furnishing of—42 USC
1395w–4 note.
Definitions.—
Applicable site of service.—
Behavioral health integration services.—
Psychotherapy for crisis services.—
Secretary.—
ENSURING ADEQUATE COVERAGE OF OUTPATIENT MENTAL HEALTH SERVICES UNDER THE MEDICARE PROGRAM.
Modification of Definition of Partial Hospitalization Services.—
Coverage of Intensive Outpatient Services.—
Scope of benefits.—
Community mental health centers.—
Incident-to services.—
Definition.—
Exclusion from calculation of certain treatment costs.—
Conforming amendments.—
Intensive outpatient services.—
Provider of services.—
Special Payment Rule for FQHCs and RHCs.—
Special payment rule for intensive outpatient services.—
In general.—
Exclusion.—
Special payment rule for intensive outpatient services.—
In general.—
Exclusion.—
42 USC 1395k note.
Effective Date.—
IMPROVEMENTS TO MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC HOSPITALS AND PSYCHIATRIC UNITS.
Improvements Through Additional Claims Data.—
Additional data and information.—
Revisions.
In general.—
Deadline.
The Secretary shall begin to collect such data by not later than October 1, 2023.Data and information.—
Method of collection.—
Revisions to payment rates.—
Regulations.
In general.—
Review.—
Budget neutrality.—
Improvements Through Standardized Patient Assessment Data.—
Standardized patient assessment data.—
In general.—
Standardized patient assessment data described.—
Standardized assessment instrument.—
In general.—
Funding.—
Additional considerations for diagnosis-related group classifications.—
Deadline.
Regulations.
Revisions.
In general.—
Budget neutrality.—
Improvements Through Inclusion of Patients’ Perspective on Care Quality Measure.—
Deadline.
Patients’ perspective on care.—
EXCEPTION FOR PHYSICIAN WELLNESS PROGRAMS.
In General.—
Physician wellness programs.—
Cost estimate.
Requirements.
Regulations.
Exception Under the Anti-kickback Statute.—
Cost estimate.
Requirements.
Regulations.
CONSIDERATION OF SAFE HARBOR UNDER THE ANTI-KICKBACK STATUTE FOR CERTAIN CONTINGENCY MANAGEMENT INTERVENTIONS.
Consideration of safe harbor for certain contingency management interventions.—
Deadline.
Review.
In general.—
Recommenda-
tions.
Report.—
42 USC 1395l note.
PROVIDER OUTREACH AND REPORTING ON CERTAIN BEHAVIORAL HEALTH INTEGRATION SERVICES.
Outreach.—
Reports to Congress.—
Provider outreach.—
Time periods.
Utilization rates.—
42 USC 1395l note.
OUTREACH AND REPORTING ON OPIOID USE DISORDER TREATMENT SERVICES FURNISHED BY OPIOID TREATMENT PROGRAMS.
Outreach.—
Provider outreach.—
Beneficiary outreach.—
Reports to Congress.—
Outreach.—
Utilization rates.—
GAO STUDY AND REPORT COMPARING COVERAGE OF MENTAL HEALTH AND SUBSTANCE USE DISORDER BENEFITS AND NON-MENTAL HEALTH AND SUBSTANCE USE DISORDER BENEFITS.
Study.—
In general.—
Analysis.—
Examination.
Plan and service specific.—
Both required and supplemental benefits.—
Report.—
Other Medicare Provisions
TEMPORARY INCLUSION OF AUTHORIZED ORAL ANTIVIRAL DRUGS AS COVERED PART D DRUG.
Time period.
RESTORATION OF CBO ACCESS TO CERTAIN PART D PAYMENT DATA.
MEDICARE COVERAGE OF CERTAIN LYMPHEDEMA COMPRESSION TREATMENT ITEMS.
Coverage.—
In general.—
Definition.
Lymphedema Compression Treatment Items.—
Payment.—
In general.—
Payment basis and limitations.—
Payment for Lymphedema Compression Treatment Items.—
Determination.
In general.—
Frequency limitation.—
Application of competitive acquisition.—
Conforming amendment.—
Lymphedema compression treatment items.—
Inclusion in Requirements for Suppliers of Medical Equipment and Supplies.—
PERMANENT IN-HOME BENEFIT FOR IVIG SERVICES.
Coverage.—
Payment.—
Effective date.
Clarification With Respect to Payment for the In-home Administration of IVIG Items and Services.—
Coinsurance.—
Effective date.
Additional Funding for Medicare IVIG Demonstration Project.—
Funding.—
Supplement, not supplant.—
ACCESS TO NON-OPIOID TREATMENTS FOR PAIN RELIEF.
In General.—
Temporary additional payments for non-opioid treatments for pain relief.—
Time period.
Payments.
In general.—
Determinations.
Amount of payment.—
Limitation.—
Definition of non-opioid treatment for pain relief.—
Ambulatory Surgical Center Payment System.—
Temporary additional payments for non-opioid treatments for pain relief.—
Time period.
In general.—
Transition.—
Evaluation of Coverage and Payment for Non-opioid Therapies and Therapeutic Services for Pain Management.—
Report to congress.—
Recommenda-
tions.
Time periods.
Reporting standard and public consultation.—
Exclusive treatment.—
TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT FOR DISPOSABLE NEGATIVE PRESSURE WOUND THERAPY DEVICES.
In General.—
Time periods.
Payment.—
In general.—
Specified adjustment.—
In general.—
Clarification on application of the productivity adjustment.—
Exclusion of nursing and therapy services from separate payment.—
Effective date.
With respect to applicable devices furnished on or after January 1, 2024, the separate 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.”Effective date.
Claims.
Implementation.—
EXTENSION OF CERTAIN HOME HEALTH RURAL ADD-ON PAYMENTS.
REMEDYING ELECTION REVOCATIONS RELATING TO ADMINISTRATION OF COVID–19 VACCINES.
In General.—
Special Rules for COVID–19 Vaccines Relating to Revocation of Election.—
Applicability.
42 USC
1395i–5 note.
Notwithstanding paragraphs (3) and (4) of section 1821(b) of the Social Security Act (42 U.S.C. 1395i–5(b)), in the case of an individual with a revocation of an election under such section prior to the date of enactment of this Act by reason of receiving a COVID–19 vaccine and its administration described in section 1861(s)(10)(A) of such Act (42 U.S.C. 1395x(s)(10)(A)), the following rules shall apply:Effective dates.
42 USC 1395m note.
PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM.
Areas Other Than Rural and Noncontiguous Areas.—
Applicability.
Secretary shall implement section 414.210(g)(9)(v) of title 42, Code of Federal Regulations (or any successor regulation), to apply the transition rule described in the first sentence of such section to all applicable items and services furnished in areas other than rural or noncontiguous areas (as such terms are defined for purposes of such section) through the remainder of the duration of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) or December 31, 2023, whichever is later.All Areas.—
Implementation.—
EXTENDING ACUTE HOSPITAL CARE AT HOME WAIVERS AND FLEXIBILITIES.
42 USC
1395cc–7.
EXTENSION OF ACUTE HOSPITAL CARE AT HOME INITIATIVE.
In General.—
Time period.
Extension.—
Acute hospital care at home waivers and flexibilities.—
Determinations.
Specified criteria.—
Data.
Determination.
Termination.—
Study and Report.—
Analyses.
In general.—
Determination.
Costs.
Public information.
Web posting.
Report.—
Funding.—
Implementation.—
Web postings.
Publicly Available Information.—
EXTENSION OF PASS-THROUGH STATUS UNDER THE MEDICARE PROGRAM FOR CERTAIN DEVICES IMPACTED BY COVID–19.
In General.—
Time period.
Pass-through extension for certain devices.—
In general.—
No adjustment for packaged costs.—
No application of aggregate limit or budget neutrality.—
42 USC 1395l note.
Implementation.—
Public information.
Web postings.
42 USC 1395fff note.
INCREASING TRANSPARENCY FOR HOME HEALTH PAYMENTS UNDER THE MEDICARE PROGRAM.
Notice.
Public comments.
Regulations.
Time periods.
Transparency.—
Data.
Engagement With Stakeholders.—
Deadline.
In general.—
Requirement.—
Construction.—
WAIVER OF CAP ON ANNUAL PAYMENTS FOR NURSING AND ALLIED HEALTH EDUCATION PAYMENTS.
In General.—
In general.—
Exception to annual limitation for each of 2010 through 2019.—
No Affect on Payments for Direct Graduate Medical Education.—
42 USC 1395ww note.
Retroactive Application.—
Funding.—
Health Care Tax Provisions
EXTENSION OF SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR TELEHEALTH.
In General.—
26 USC 223.
Certain Coverage Disregarded.—
26 USC 223 note.
Effective Date.—
Offsets
REDUCTION OF MEDICARE IMPROVEMENT FUND.
EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE CAP AMOUNT UNDER MEDICARE.
MEDICARE DIRECT SPENDING REDUCTIONS.
President.
Sequestration.
Payments.
Time periods.
MEDICAID AND CHIP PROVISIONS
Territories
Time periods.
MEDICAID ADJUSTMENTS FOR THE TERRITORIES.
Revising Allotments for Puerto Rico.—
Allotment amounts for puerto rico for fiscal year 2023 and subsequent fiscal years.—
Determination.
determining the amount specified under subparagraph (F) for fiscal year 2028 or under subparagraph (G) for fiscal year 2029 or a subsequent fiscal year, the Secretary may in no way take into account the amount that was provided under this subsection for Puerto Rico for fiscal year 2022 that was based on the Centers for Medicare & Medicaid Services’ interpretation of the flush language following paragraph (2)(E) (as described in the letters sent by the Centers for Medicare & Medicaid Services to the Director of the Medicaid Program for Puerto Rico dated September 24, 2021, and November 18, 2021, respectively).Additional increase for puerto rico.—
Certification.
Plan.
Applicability.
In general.—
Application to managed care.—
Payments.
Contracts.
Effective date.
Nonapplication of increase in determining allotments for subsequent fiscal years.—
Further increase for puerto rico.—
Determinations.
In general.—
Nonapplication of increase in determining allotments for subsequent fiscal years.—
Extension of Increased FMAPs.—
Application of Asset Verification Program Requirements to Puerto Rico.—
Deadline.
Implementation in puerto rico.—
Extension of Reporting Requirement.—
Puerto Rico Program Integrity.—
Deadlines.
Contracting and procurement oversight lead requirement.—
Designation.
In general.—
Certification.
Duties.—
Public information.
Publication.—
Reports.
Review of compliance.—
Medicaid Data Systems Improvement Payments.—
Data Systems Improvement Payments.—
In general.—
Treatment as medicaid payments.—
In general.—
Nonduplication.—
Allotments.—
No effect on territorial caps.—
Definitions.—
Eligible territory.—
Qualifying data system improvement expenditure.—
Strategic Plan and Evaluation.—
Deadlines.
In general.—
Time period.
Analysis.
Territories described.—
Medicaid and CHIP Coverage
FUNDING EXTENSION OF THE CHILDREN’S HEALTH INSURANCE PROGRAM AND RELATED PROVISIONS.
In General.—
CHIP Allotments.—
In general.—
Conforming amendments.—
132 Stat. 173.
Other Related CHIP Policies.—
Pediatric quality measures program.—
Assurance of eligibility standards for children.—
Qualifying states option.—
Outreach and enrollment program.—
Child enrollment contingency fund.—
Extension of Certain Provisions.—
Express lane eligibility option.—
Conforming amendments for assurance of affordability standard for children and families.—
CONTINUOUS ELIGIBILITY FOR CHILDREN UNDER MEDICAID AND CHIP.
Under the Medicaid Program.—
1 year of continuous eligibility for children.—
Determination.
State plan (or waiver of such State plan) shall provide that an individual who is under the age of 19 and who is determined to be eligible for benefits under a State plan (or waiver of such plan) approved under this title under subsection (a)(10)(A) shall remain eligible for such benefits until the earlier of—Under the Children’s Health Insurance Program.—
Time period.
42 USC 1396a note.
Effective Date.—
42 USC 1396a note.
MODIFICATIONS TO POSTPARTUM COVERAGE UNDER MEDICAID AND CHIP.
42 USC 1396a note,
1397gg note.
EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING DEMONSTRATION.
In General.—
Time periods.
Technical assistance.—
Rescission.
Redistribution of Unexpended Grant Awards.—
EXTENSION OF MEDICAID PROTECTIONS AGAINST SPOUSAL IMPOVERISHMENT FOR RECIPIENTS OF HOME AND COMMUNITY-BASED SERVICES.
Medicaid and CHIP Mental Health
MEDICAID AND CHIP REQUIREMENTS FOR HEALTH SCREENINGS, REFERRALS, AND CASE MANAGEMENT SERVICES FOR ELIGIBLE JUVENILES IN PUBLIC INSTITUTIONS.
Medicaid State Plan Requirement.—
Time periods.
Deadline.
Authorization of Federal Financial Participation.—
CHIP Conforming Amendments.—
Treatment of Children Who Are Inmates of a Public Institution.—
Determinations.
In general.—
Required coverage of screenings, diagnostic services, referrals, and case management for certain inmates pre-release.—
Plan.
Time period.
A State child health plan shall provide that, in the case of a targeted low-income child who is within 30 days of the date on which such child is scheduled to be released from a public institution following adjudication, the State shall have in place a plan for providing, and shall provide in accordance with such plan, screenings, diagnostic services, referrals, and case management services otherwise covered under the State child health plan (or waiver of such plan) in the same manner as described in section 1902(a)(84)(D).”Exception to exclusion of children who are inmates of a public institution.—
Time period.
In the case of a child who is an inmate of a public institution, during the 30 days prior to the release of the child from such institution the child shall not be considered to be described in paragraph (2)(A) with respect to the screenings, diagnostic services, referrals, and case management services otherwise covered under the State child health plan (or waiver of such plan) that the State is required to provide under section 2102(d)(2).”42 USC 1396a note.
Effective Date.—
REMOVAL OF LIMITATIONS ON FEDERAL FINANCIAL PARTICIPATION FOR INMATES WHO ARE ELIGIBLE JUVENILES PENDING DISPOSITION OF CHARGES.
Medicaid.—
In general.—
Conforming amendment.—
CHIP.—
42 USC 1396a note.
Effective Date.—
REQUIRING ACCURATE, UPDATED, AND SEARCHABLE PROVIDER DIRECTORIES.
Application to Managed Care.—
Provider directories.—
Time period.
Public information.
Web postings.
In general.—
Network provider defined.—
Conforming Amendments to State Plan Requirements.—
Time period.
Public information.
Web posting.
Directory Provider Described.—
Time period.
In general.—
State option to include other participating providers.—
General Application to CHIP.—
42 USC 1396a note.
Effective Date.—
Deadlines.
42 USC 1396w–7.
SUPPORTING ACCESS TO A CONTINUUM OF CRISIS RESPONSE SERVICES UNDER MEDICAID AND CHIP.
Guidance.—
Recommenda-
tions.
Technical Assistance Center.—
In general.—
Public information.
Compendium of best practices.—
Time period.
Reviews.
Updates.
The Secretary annually shall review the information available through the compendium and shall update such information when appropriate.Funding.—
Definitions.—
Secretary.—
State.—
Transitioning From Medicaid FMAP Increase Requirements
TRANSITIONING FROM MEDICAID FMAP INCREASE REQUIREMENTS.
In General.—
Temporary fmap increase.—
Time periods.
Applicable number of percentage points.—
Eligibility Redeterminations During Transition Period.—
In general.—
Effective date.
Nothing in this subsection shall be construed as prohibiting a State, following the expiration of the condition described in paragraph (3) of subsection (b), from initiating renewals, post-enrollment verifications, and redeterminations over a 12-month period for all individuals who are enrolled in such plan (or waiver) as of April 1, 2023.Conditions for fmap increase during transition period.—
Compliance with federal requirements.—
Maintenance of up-to-date contact information.—
Requirement to attempt to contact beneficiaries prior to disenrollment.—
Applicable Quarters.—
Reporting and Enforcement and Corrective Action.—
Time periods.
Requirements Relating to Transition From Families First Coronavirus Response Act FMAP Increase Requirements; Enforcement and Corrective Action.—
Public information.
Reporting requirements.—
Determination.
Enforcement and corrective action.—
Reduction.
In general.—
Corrective action plan; additional authority.—
Assessment.
Compliance.
Determination.
In general.—
Deadlines.
Corrective action plan.—
Effect of failure to submit or implement a corrective action plan.—
Penalties.
Determination.
If a State fails to submit or implement an approved corrective action plan in accordance with clause (ii), the Secretary may, in addition to any reduction applied under subparagraph (A) to the Federal medical assistance percentage determined for the State and any other remedy available to the Secretary for the purpose of carrying out this title, require the State to suspend making all or some terminations of eligibility for medical assistance from the State plan under this title (including any waiver of such plan) that are for procedural reasons until the State takes appropriate corrective action, as determined by the Secretary, and may impose a civil money penalty of not more than $100,000 for each day a State is not in compliance.”42 USC 1396a note.
Effective Date.—
Medicaid Improvement Fund
MEDICAID IMPROVEMENT FUND.
HUMAN SERVICES
Jackie Walorski Maternal and Child Home Visiting Reauthorization Act of 2022.
JACKIE WALORSKI MATERNAL AND CHILD HOME VISITING REAUTHORIZATION ACT OF 2022.
42 USC 1305 note.
Short Title.—
Outcomes Dashboard.—
Grants.
Contracts.
Website.
Public information.
Time period.
Updates.
Outcomes dashboards.—
Template.
Reports.
Privacy.
Confidentiality.
Funding.—
Grant amounts.—
In general.—
Grant amounts.—
Base grants.—
In general.—
Time periods.
General rule.—
Substitution of successor eligible entity for predecessor.—
Amount described.—
General rule.—
Determination.
Adjustments to ensure stable funding.—
Adjustment to ensure all base grant funds are allocated.—
Minimum base grant amount.—
Matching grants.—
Amount of grant.—
Time periods.
General rule.—
Matching amount.—
In general.—
Limitation.—
Determination of obligations from non-federal funds.—
State allotments.—
Determination.
Minimum matching grant allocation amount.—
Time periods.
Subject to subclause (VI), for purposes of subclause (IV), the minimum matching grant allocation amount for a fiscal year is—Special rule.—
Submission of statement expressing interest in additional matching funds if available.—
Carryover and reallocation of unobligated funds.—
Determination.
In general.—
State allotments.—
Determination.
Additional matching amount.—
In general.—
Limitation.—
Maintenance of effort.—
Maintenance of Effort.—
In general.—
Deadline.
Federal Register, publication.
Time periods.
Publication of amounts.—
Grace period.—
Reservations of funds for certain purposes.—
Time periods.
Appropriations.—
In general.—
Special rule.—
Repeal.—
Ante, p. 2135, 2133.
are herebyDisposition of excess funds reserved for research, evaluation, and administration.—
Disposition of excess funds reserved for research, evaluation, and administration.—
Requirement That Home Visiting Programs Be Targeted and Intensive.—
Use of grant to provide or support targeted, intensive home visiting services.—
Limitation on Use of Funds for Administration.—
In general.—
Limitation on use of funds for administrative costs.—
In general.—
Authority to grant exceptions.—
In general.—
Conditions.—
Conforming amendments.—
Annual Report to Congress.—
In general.—
Annual Report to Congress.—
Estimate.
List.
Data.
Conforming amendments.—
136 STAT. 5962Reduction of Administrative Burden.—
Reduction of administrative burden.—
Reviews.
In general.—
Revision.
Analysis.
Consultation.
Findings on paperwork reduction.—
Inclusion in report.—
Deadline.
Implementation.—
Virtual Home Visiting Authorization and Restrictions.—
136 STAT. 5963Virtual home visits.—
Application requirements.—
Time period.
Applicable rules.—
Virtual home visits.—
In general.—
Standards for training applicable to virtual service delivery.—
Reporting requirement.—
Virtual home visit defined.—
Grants.
Contracts.
Technical assistance.—
Program requirement.—
Reports.—
42 USC 711 note.
Transition rule.—
In general.—
Virtual home visit defined.—
42 USC 711 note.
Effective Date.—
In general.—
Virtual home visiting provisions.—
EXTENSION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM.
1-YEAR EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH PROGRAM
SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH PROGRAM.
In General.—
42 USC
300mm–62.
SUPPLEMENTAL FUND.
In General.—
Amount.—
Uses of Funds.—
Return of Funds.—
Conforming Amendments.—
Prevention and Public Health Fund.—
RESEARCH COHORT FOR EMERGING HEALTH IMPACTS ON YOUTH.
In General.—
Research Cohort for Emerging Health Impacts on Youth.—
In general.—
Populations studied.—
Funding.—
Limitation for research cohort for emerging health impacts on youth.—
Conforming Amendment.—
Merger
Filing Fee
Modernization
Act of 2022.
MERGER FILING FEE MODERNIZATION
15 USC 1 note.
SHORT TITLE.
MODERNIZING MERGER FILING FEE COLLECTIONS; ACCOUNTABILITY REQUIREMENTS; LIMITATION ON FUNDING
MODIFICATION OF PREMERGER NOTIFICATION FILING FEES.
Time periods.
Effective date.
Determination.
Deadline.
Publication.
Time periods.
REPORTING REQUIREMENTS FOR MERGER FEE COLLECTIONS.
FTC and DOJ Joint Report.—
FTC Report.—
List.
Summary.—
DISCLOSURE OF SUBSIDIES BY FOREIGN ADVERSARIES
15 USC 18b note.
FINDINGS AND PURPOSE.
Findings.—
Requirements.
Purpose.—
15 USC 18b.
MERGERS INVOLVING FOREIGN GOVERNMENT SUBSIDIES.
Definition.—
Notification.
Accounting for Foreign Government Subsidies.—
Requirements.
Authority of Antitrust Regulators.—
Effective Date.—
VENUE FOR STATE ANTITRUST ENFORCEMENT
VENUE FOR STATE ANTITRUST ENFORCEMENT.
AGRICULTURE
7 USC 2016a note.
DEFINITION.
CONSERVATION
7 USC 6712.
GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND THIRD-PARTY VERIFIER PROGRAM.
Definitions.—
Advisory council.—
Agriculture or forestry credit.—
Beginning, socially disadvantaged, limited resource, or veteran farmer, rancher, or private forest landowner.—
Covered entity.—
Greenhouse gas.—
Program.—
Protocol.—
Socially disadvantaged group.—
Technical assistance.—
Voluntary environmental credit market.—
Establishment of Program.—
Determination.—
Deadline.
In general.—
Considerations.—
Establishment.—
Report.—
Protocols, Qualifications, and Activities.—
Widely accepted protocols and qualifications.—
Notification.
Time period.
Deadline.
Publication.
providing public notice and at least a 60-day period for public comment, but not later than 90 days after the date on which the Program is established, the Secretary shall publish—List.
Activities.—
Inclusions.—
Revision.
Periodic review.—
Registration, Website, and Publication of Lists.—
Registration list.—
Deadline.
In general.—
Registration.—
Time period.
Effective date.
Website and solicitation.—
List.
Programmatic integrity.—
Removal from registration list.—
In general.—
Determination.
Removal.—
Determination.—
Appeal of removal.—
In general.—
Determination.
Re-registration.—
Notification.—
Savings clause.—
Submission of Fraudulent Information or Claims.—
In general.—
Penalty.—
Time period.
Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program Advisory Council.—
Time period.
Effective date.
Establishment.
In general.—
Membership.—
Appointment.
In general.—
General representation.—
Members.—
Determination.
Chair.—
Terms.—
In general.—
Additional terms.—
Meetings.—
136 STAT. 5978Frequency.—
Time period.
Effective date.
Initial meeting.—
General duties.—
Compensation.—
Conflict of interest.—
FACA applicability.—
Assessment.—
Deadline.
Initial assessment.—
Deadline.
General assessment.—
Estimate.
Time period.
Time period.
Time period.
Time period.
Publication.
Publication.
Time period.
Quadriennial assessment.—
Confidentiality.—
Prohibition.—
In general.—
Information.—
In general.—
Aggregated release.—
Exception.—
Time periods.
Funding.—
Authorization of appropriations.—
Direct funding.—
Rescission.—
Appropriation.—
Prohibition.—
Rule of Construction.—
ACCEPTANCE AND USE OF PRIVATE FUNDS FOR PUBLIC-PRIVATE PARTNERSHIPS.
Establishment of public-private partnership contributions accounts.—
Secretarial authority.—
In general.—
Determination.—
Match of contributed funds.—
In general.—
Distribution of federal funding for states.—
Limitation.—
Role of contributing entity.—
Producer participation.—
Process.
Notification.—
Retention of environmental services benefits.—
Consistency with program requirements.—
In general.—
Adjustments.—
Determination.
In general.—
Limitation.—
Report.—
Covered program defined.—
Duration of authority.—
COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER PROGRAM
IN GENERAL.
Additional transfers.—
FORESTRY
MODIFICATION OR TERMINATION OF EASEMENTS UNDER THE HEALTHY FORESTS RESERVE PROGRAM.
Easement Modification or Termination.—
In general.—
Determination.
Compensation.
Consideration; conditions.—
Termination.—
Modification.—
NUTRITION
7 USC 2016a.
EBT BENEFIT FRAUD PREVENTION.
Guidance; Rulemaking.—
Determination.
Deadline.
Coordination.
Contracts.
Determination.
Standards.
Data.
Reports.
Recommenda-
tions.
Requirement.
Replacement of Benefits.—
Deadline.
Plan.
Procedures.
Determination.
Statement.
Criteria.
Reports.
Time periods.
Applicability.
Definitions.—
Rescission.—
INCREASING ACCESS TO SUMMER MEALS FOR CHILDREN THROUGH EBT AND ALTERNATIVE DELIVERY OPTIONS.
Agreements.—
Noncongregate Meals.—
Noncongregate meals.—
Deadline.
Urban and
rural areas.
Determination.
In general.—
Summer 2023.—
Eligibility determination.—
Priorities.—
In general.—
Areas.—
Administration.—
Time period.
Process.
Deadline.
Regulations.—
Management and Administration State Plans.—
Summer 2023.—
Effective date.
Notification.
Deadlines.
Summer 2024 and beyond.—
Summer EBT.—
42 USC 1762.
SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
Effective.
Program Established.—
Summer EBT Benefits Requirements.—
Purchase options.—
Territories.
Benefits issued by states.—
Benefits issued by covered indian tribal organizations.—
Amount.—
Time periods.
Enforcement.—
Timing.—
Determination.
In general.—
Continuous school calendar.—
Enrollment in Program.—
State requirements.—
Procedures.
Procedures.
Covered indian tribal organization requirements.—
Payments.
Administrative Expenses.—
Effective.
Summer EBT Authority.—
Deadline.
Issuance of Interim Final Regulations.—
Effective.
Compliance.
Administrative and Management Plan.—
Definitions.—
Covered indian tribal organization.—
Eligible child.—
Eligible household.—
Supplemental foods.—
Amendments to P-EBT for Summer 2023.—
In general.—
Limitation.—
Other assistance not required.—
42 USC 1762 note.
No Duplication of Summer Benefits.—
OFFSETS.
Summer 2023.—
Summer 2023.—
Allotments.—
Sunset.—
OTHER MATTERS
7 USC
2204b–2 note.
SUPPORT FOR COTTON MERCHANDISERS.
Cotton Merchandiser Pandemic Assistance.—
Pandemic assistance payments to cotton merchandisers.—
Time period.
The Secretary shall make pandemic assistance payments, under terms and conditions as determined by the Secretary, to cotton merchandisers that purchased cotton from a United States cotton producer or marketed cotton on behalf of a United States cotton producer during the period that begins on March 1, 2020, and ends on the date of enactment of this Act.136 STAT. 5995Deadline.
Payment determinations.—
Cotton merchandiser defined.—
Funding limitations.—
In general.—
Administrative expenses.—
Funding.—
ASSISTANCE FOR RICE PRODUCERS.
Payments.
Time period.
In General.—
Payment Amount.—
Limitations.—
In general.—
Separate limitations.—
Payments.
Deadline.—
Funding.—
Rescission.—
Appropriation.—
7 USC 8302;
16 USC 661 note,
667i and note.
ENACTMENT OF CHRONIC WASTING DISEASE RESEARCH AND MANAGEMENT ACT.
Pesticide Registration Improvement Act of 2022.
PESTICIDES
Pesticide Registration Improvement Act of 2022
7 USC 136 note.
SHORT TITLE.
BILINGUAL LABELING.
Bilingual labeling.—
Requirement.—
In general.—
Exceptions.—
Deadlines for bilingual labeling.—
Pesticide products classified as restricted use.—
Pesticide products not classified as restricted use.—
Agricultural.—
Acute toxicity category i.—
Acute toxicity category ii.—
Antimicrobial and non-agricultural.—
Acute toxicity category i.—
Acute toxicity category ii.—
Other pesticide products.—
Implementation.—
Non-notification.—
In general.—
Non-notification procedure defined.—
Cooperation and consultation.—
Applicability.
End use labeling.—
Updates.
Time period.
Incorporation timeframe.—
Notification of updates to the spanish translation guide for pesticide labeling.Deadline.
—
Accessibility of bilingual labeling for farm workers.Deadline.
—
Deadline.
Plan.—
Public information.
Reporting.—
Spanish translation guide described.—
EXTENSION AND MODIFICATION OF MAINTENANCE FEE AUTHORITY.
Extension and Modification of Maintenance Fee Authority.—
Farm worker training and education grants.—
Time periods.
Set-aside.—
Eligibility.—
Community-based organizations.—
Community-based non-profit farm worker organization grants.—
Time periods.
Application of funds.—
Time periods.
Interim funding.—
Partnerships.—
Health care provider training.—
Time periods.
Set-aside.—
Eligibility.—
Partnerships.—
Time periods.
Partnership grants.—
Time periods.
Pesticide safety education program.—
Time periods.
Technical assistance to grantees.—
Set-aside.—
Considerations.—
No suitable organization.—
Stakeholder input.—
Extension of Prohibition on Tolerance Fees.—
REREGISTRATION AND EXPEDITED PROCESSING FUND.
Review of registrant submissions not covered by section 33(b)(3)(b).—
Definition of submission not covered by section 33(b)(3)(b).—
Set-aside.—
Time periods.
In general.—
Activities.—
Development of public health performance standards for antimicrobial pesticide devices.—
Time periods.
Set-aside.—
Antimicrobial pesticide devices.—
Agency training and staff.—
Time periods.
Set-aside.—
Activities.—
Training for agency employees.—
Contracts.
Agreements with institutions of higher education.Deadline.
—
Vector expedited review vouchers.—
Time periods.
Set-aside.—
Vector expedited review voucher program.—
Definitions.—
Program.—
Voucher.—
Deadline.
Establishment.—
Purpose.—
Issuance of vouchers.—
Time periods.
In general.—
Time period.
Time periods.
Mosquito vector priority.—
Determination.
Exception.—
Eligibility criteria modifications.—
Effective date.
In general.—
Public involvement.—
Redemption of vouchers.—
Time periods.
Expedited review.—
Reports.—
Unused amounts.—
Time periods.
Pesticide surveillance program.—
PESTICIDE REGISTRATION SERVICE FEES.
Extension and Modification of Fee Authority.—
In general.—
Data evaluation records.—
Schedule, actions, and fees.—
Time period.
Effective dates.
Conforming amendment.—
Pesticide Registration Fund.—
Endangered species review of outdoor use of pesticide products.—
In general.—
Deadlines for guidance.—
Independent third party assessments.—
In general.—
Workforce assessment.—
Contracts.
In general.—
Report.—
Web posting.
Process assessment.—
In general.—
Deadline.
Contracts.—
Eligibility.—
Assessment.—
In general.—
Consultation.—
Evaluation.
Recommenda-
tions.
Requirements.—
Assessment.
Report to congress.—
Records.
Recommenda-
tions.
Recommendations.—
Assessment of Fees.—
Reforms to Reduce Decision Time Review Periods and Prevent Double Payment of Registration Fees.—
Reforms to Reduce Decision Time Review Periods and Prevent Double Payment of Registration Fees.—
Reduction of decision time review periods.—
Prevention of double payment of registration service fees.—
Process.
Determination.
The Administrator shall develop and implement a process to determine the appropriate fee category or categories for an application that qualifies for more than one fee category in order to assist applicants and prevent unnecessary payment of fees for multiple categories for a single application.”Decision Time Review Periods.—
Final fee category.—
Determination.
Waivers.
Verification.
Notification.
Applications for reduced risk.—
Fee.—
Decision review time period.—
Extension of decision time review period.—
Notification.—
Extension by negotiation or mutual agreement.—
Data.
Priority.—
Reports and Information Technology.—
Reports and Information Technology.—
Reports.—
Time periods.
In general.—
Summary.
Contents.—
Data.
Actions under this section.—
Review.
Review.
Review.
Review.
Assessment.
Evaluation.
Time period.
Review.
Registrant submissions not covered by section 33(b)(3)(b).—
Screening process.—
Data.
Staffing.—
Publication.—
Web posting.
Information technology.—
Determination.
Deadline.
System.—
Updates.
Access to registration data and decisions.—
Termination of Effectiveness.—
REVISION OF TABLES REGARDING COVERED PESTICIDE REGISTRATION APPLICATIONS AND OTHER COVERED ACTIONS AND THEIR CORRESPONDING REGISTRATION SERVICE FEES.
Schedule, actions, and fees.—
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) | |
|---|---|---|---|---|---|
(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. |
|||||
| 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. |
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| 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 | |
| 136 STAT. 6019 | |||||
| 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 mixed-isomer active ingredient. (2) (3) | 27 | 454,526 | |
| 136 STAT. 6020 | |||||
| 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 | |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) | |
|---|---|---|---|---|---|
(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. |
|||||
| 136 STAT. 6024 | |||||
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or a first food use are covered by the base fee for that new active ingredient or first food use application and retain the same decision time review period as the new active ingredient or first food use application. The application must be received by the Agency in one package. The base fee for the category covers a maximum of five new products. Each application for an additional new product registration and new inert approval that is submitted in the new active ingredient application package or first food use application package is subject to the registration service fee for a new product or a new inert approval. All such associated applications that are submitted together will be subject to the new active ingredient or first food use decision review time. In the case of a new active ingredient application, until that new active ingredient is approved, any subsequent application for another new product containing the same active ingredient or an amendment to the proposed labeling will be deemed a new active ingredient application, subject to the registration service fee and decision review time for a new active ingredient. In the case of a first food use application, until that first food use is approved, any subsequent application for an additional new food use or uses will be subject to the registration service fee and decision review time for a first food use. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new active ingredient or first food use application. |
|||||
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. |
|||||
(4) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for the new use(s). All items in the covered application must be submitted together in one package. Each application for an additional new product registration and new inert approval(s) that is submitted in the new use application package is subject to the registration service fee for a new product or a new inert approval. However, if a new use application only proposes to register the new use for a new product and there are no amendments in the application, then review of one new product application is covered by the new use fee. All such associated applications that are submitted together will be subject to the new use decision review time. Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to submission of the new use application and (b) prior to conclusion of its decision review time and (c) containing the same new uses, will be deemed a separate new-use application, subject to a separate registration service fee and new decision review time for a new use. If the new-use application includes non-food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type of new use and the longest decision review time applies to all of the new uses requested in the application. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new use application. |
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(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. |
|||||
| 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 | |
| 136 STAT. 6022 | |||||
| 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; non-food; outdoor. (3) (4) (5) | 16 | 45,453 | |
| R240 | 27 | Additional use; non-food; outdoor; reduced risk. (3) (4) (5) | 10 | 37,878 | |
| R250 | 28 | Additional use; non-food; 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 | |
| 136 STAT. 6023 | |||||
| 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 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) | |
|---|---|---|---|---|---|
(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. |
|||||
| 136 STAT. 6028 | |||||
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or a first food use are covered by the base fee for that new active ingredient or first food use application and retain the same decision time review period as the new active ingredient or first food use application. The application must be received by the Agency in one package. The base fee for the category covers a maximum of five new products. Each application for an additional new product registration and new inert approval that is submitted in the new active ingredient application package or first food use application package is subject to the registration service fee for a new product or a new inert approval. All such associated applications that are submitted together will be subject to the new active ingredient or first food use decision review time. In the case of a new active ingredient application, until that new active ingredient is approved, any subsequent application for another new product containing the same active ingredient or an amendment to the proposed labeling will be deemed a new active ingredient application, subject to the registration service fee and decision review time for a new active ingredient. In the case of a first food use application, until that first food use is approved, any subsequent application for an additional new food use or uses will be subject to the registration service fee and decision review time for a first food use. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new active ingredient or first food use application. |
|||||
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. |
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(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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| 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; applicant-initiated. | 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 | |
| 136 STAT. 6026 | |||||
| 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; applicant-initiated. | 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 | |
| 136 STAT. 6027 | |||||
| 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 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) | |||||
|---|---|---|---|---|---|---|---|---|---|
(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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(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. 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. |
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(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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(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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| 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 | |||||
| 136 STAT. 6030 | |||||||||
| R310 | 52 | 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) | 7 | 10,466 | |
| 136 STAT. 6031 | |||||||||
| R314 | 53 | 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) | 8 | 12,364 | |
| 136 STAT. 6032 | |||||||||
| R319 | 54 | 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) | 10 | 18,097 | |
| 136 STAT. 6033 | |||||||||
| R318 | 55 | 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) | 9 | 18,994 | |
| 136 STAT. 6034 | |||||||||
| 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 |
| 136 STAT. 6035 | |||||||||
| 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 | |
| 136 STAT. 6036 | |||||||||
| 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 | |||||
| 136 STAT. 6037 | |||||||||
| R361 | 65 | (new) | 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) | 12 | 23,400 |
| 136 STAT. 6038 | |||||||||
| 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 | ||||
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) | |||||
|---|---|---|---|---|---|---|---|---|---|
(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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(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. |
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(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. |
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(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 | |||||||||
(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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| R340 | 68 | 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) | 4 | 7,150 | |||||
| 136 STAT. 6040 | |||||||||
| 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 | |||||
| 136 STAT. 6041 | |||||||||
| 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 | |||||
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) | |
|---|---|---|---|---|---|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. |
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| R124 | 75 | Conditional Ruling on Pre-application Study Waivers; applicant-initiated. | 6 | 3,627 | |
| R272 | 76 | Review of Study Protocol applicant- initiated; excludes Data Analysis Reporting Tool, pre- registration conference, Rapid Response review, developmental neurotoxicity protocol review, protocol needing Human Studies Review Board review, companion animal safety protocol. | 3 | 3,627 | |
| R275 | 77 | Rebuttal of Agency reviewed protocol, applicant initiated. | 3 | 3,627 | |
| R278 | 78 | (new) | Review of Protocol for companion animal safety study. | 5 | 4,927 |
| R279 | 79 | (new) | Comparative product determination for reduced risk submission, applicant initiated; submitted before application for reduced risk new active ingredient or reduced risk new use. | 3 | 5,200 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|---|---|---|---|---|
(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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(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 | ||||
(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. |
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(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. |
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| 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 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|---|---|---|---|---|
(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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(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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(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. |
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(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 | ||||
(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. |
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(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. |
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| 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 |
| 136 STAT. 6045 | ||||
| A501 | 89 | New use, non-food; 6 or more submitted in one application. (4) (5) (6) | 17 | 109,764 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) | |
|---|---|---|---|---|---|
(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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(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 | |||||
(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. |
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(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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(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. |
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(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. |
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(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. |
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| A530 | 90 | 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) | 4 | 1,833 | |
| 136 STAT. 6047 | |||||
| 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 manufacturing-use product; registered active ingredient; selective data citation. (2) (3) | 6 | 18,054 | |
| 136 STAT. 6048 | |||||
| A565 | 95 | New manufacturing-use 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 |
| 136 STAT. 6049 | |||||
| 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 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) | |
|---|---|---|---|---|---|
(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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(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. |
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| 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. | |||||
| A520 | 109 | Experimental Use Permit application, non-food use. (2) (3) | 9 | 9,151 | |
| 136 STAT. 6051 | |||||
| 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 | |
| 136 STAT. 6052 | |||||
| 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 | |
| 136 STAT. 6053 | |||||
| A575 | 122 | (new) | Efficacy similarity determination; if two products can be bridged or if confirmatory efficacy data are needed. | 4 | 3,389 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|---|---|---|---|---|
(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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(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. 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. |
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(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. |
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| 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 |
| 136 STAT. 6054 | ||||
| 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 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|---|---|---|---|---|
(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. |
||||
| 136 STAT. 6056 | ||||
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or a first food use are covered by the base fee for that new active ingredient or first food use application and retain the same decision time review period as the new active ingredient or first food use application. The application must be received by the Agency in one package. The base fee for the category covers a maximum of five new products. Each application for an additional new product registration and new inert approval that is submitted in the new active ingredient application package or first food use application package is subject to the registration service fee for a new product or a new inert approval. All such associated applications that are submitted together will be subject to the new active ingredient or first food use decision review time. In the case of a new active ingredient application, until that new active ingredient is approved, any subsequent application for another new product containing the same active ingredient or an amendment to the proposed labeling will be deemed a new active ingredient application, subject to the registration service fee and decision review time for a new active ingredient. In the case of a first food use application, until that first food use is approved, any subsequent application for an additional new food use or uses will be subject to the registration service fee and decision review time for a first food use. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new active ingredient or first food use application. |
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(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. |
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(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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(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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| 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 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) | |||||
|---|---|---|---|---|---|---|---|---|---|
(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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(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. 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. |
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| 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 non-food); 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 | |||||
| 136 STAT. 6058 | |||||||||
| 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 manufacturing-use 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 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|---|---|---|---|---|
(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. 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. |
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| 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 |
| 136 STAT. 6060 | ||||
| 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 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|---|---|---|---|---|
(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 | ||||
(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. |
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(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. |
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(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. |
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| 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 |
| 136 STAT. 6062 | ||||
| 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 manufacturing-use 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 non-food); 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 non-food); 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 |
| 136 STAT. 6063 | ||||
| B730 | 154 | SCLP; amendment requiring data submission. (4) (6) | 5 | 1,833 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) | |
|---|---|---|---|---|---|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. |
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| B614 | 155 | Pre-application; Conditional Ruling on rationales for addressing a data requirement in lieu of data; applicant-initiated; applies to one (1) rationale at a time. | 3 | 3,627 | |
| 136 STAT. 6065 | |||||
| B682 | 156 | Protocol review; applicant initiated; excludes time for Human Studies Review Board review (Includes rebuttal of protocol review). | 3 | 3,487 | |
| B616 | 157 | (new) | Pre-application; Conditional Ruling on a non-food use determination. | 5 | 4,715 |
| B617 | 158 | (new) | Pre-application; biochemical classification determination. | 5 | 4,715 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) | |||
|---|---|---|---|---|---|---|---|
(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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(2) ‘New PIP’ means a PIP with an active ingredient that has not been registered. |
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(3) ‘Registered PIP’ means a PIP with an active ingredient that is currently registered. |
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(4) Transfer registered PIP through conventional breeding for new food/feed use, such as from field corn to sweet corn. |
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(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. |
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(6) Registered PIPs stacked through conventional breeding. |
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(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 | |||||||
(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. |
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(9) Application can be submitted prior to or concurrently with an application for commercial registration. |
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(10) For example, IRM plan modifications that are applicant-initiated. |
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(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. |
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(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. |
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(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. |
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(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. |
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| B740 | 159 | 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) | 9 | 137,198 |
| 136 STAT. 6066 | |||||||
| 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 | |||
| 136 STAT. 6067 | |||||||
| 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 | |||
| 136 STAT. 6068 | |||||||
| 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 | |||
| 136 STAT. 6069 | |||||||
| 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 | |||
| 136 STAT. 6070 | |||||||
| 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 small-scale field testing of genetically engineered microbes. | 3 | 9,151 | ||
| 136 STAT. 6071 | |||||||
| 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 | ||
| 136 STAT. 6072 | |||||||
| B923 | 185 | (new) | 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) | 15 | 228,658 | ||
| 136 STAT. 6073 | |||||||
| 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 | ||
| 136 STAT. 6074 | |||||||
| 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 | ||
| 136 STAT. 6075 | |||||||
| 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 | ||
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|---|---|---|---|---|
(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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(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. |
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(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. |
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(4) Due to low fee and short time frame this category is not eligible for small business waivers. |
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| 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 |
| 136 STAT. 6077 | ||||
| I003 | 197 | Amend currently approved inert ingredient tolerance or exemption from tolerance; no new data. (2) | 11 | 4,742 |
| I004 | 198 | Approval of new non-food 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 non-food 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 |
| 136 STAT. 6078 | ||||
| I012 | 206 | Approval of new non-food 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 |
| EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|---|---|---|---|---|
(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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(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 | ||||
(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. |
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(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. |
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(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. |
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(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. |
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(7) Due to low fee and short time frame this category is not eligible for small business waivers. |
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(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.”. |
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| 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 |
| 136 STAT. 6080 | ||||
| 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 |
| 136 STAT. 6081 | ||||
| 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 nano-particle determination. | 8 | 17,424 |
Deadline.
Web posting.
7 USC 136w note.
INFORMATION.
7 USC
136a–1 note.
IMPLEMENTATION DATES WITH RESPECT TO FEES.
Fee Increases.—
Registration service fees.—
Maintenance fees.—
Set-asides.—
Other Matters Relating to Pesticides
7 USC 136a note.
REGISTRATION REVIEW DEADLINE EXTENSION.
In General.—
Interim Registration Review Decision Requirements.—
Definition of covered interim registration review decision.—
Time period.
Requirements.—
Consultation.—
Pregnant Workers
Fairness Act.
PREGNANT WORKERS
42 USC 2000gg note.
SHORT TITLE.
42 USC 2000gg.
DEFINITIONS.
42 USC
2000gg–1.
NONDISCRIMINATION WITH REGARD TO REASONABLE ACCOMMODATIONS RELATED TO PREGNANCY.
42 USC
2000gg–2.
REMEDIES AND ENFORCEMENT.
Employees Covered by Title VII of the Civil Rights Act of 1964.—
In general.—
Costs and fees.—
Damages.—
Employees Covered by Congressional Accountability Act of 1995.—
In general.—
Costs and fees.—
Damages.—
Employees Covered by Chapter 5 of Title 3, United States Code.—
In general.—
Costs and fees.—
Damages.—
Employees Covered by Government Employee Rights Act of 1991.—
In general.—
Costs and fees.—
Damages.—
Employees Covered by Section 717 of the Civil Rights Act of 1964.—
In general.—
Costs and fees.—
Damages.—
Prohibition Against Retaliation.—
In general.—
Prohibition against coercion.—
Remedy.—
Limitation.—
Deadlines.
42 USC
2000gg–3.
RULEMAKING.
EEOC Rulemaking.—
OCWR Rulemaking.—
Applicability.
In general.—
Parallel with agency regulations.—
42 USC
2000gg–4.
WAIVER OF STATE IMMUNITY.
42 USC
2000gg–5.
RELATIONSHIP TO OTHER LAWS.
In General.—
Rule of Construction.—
42 USC
2000gg–6.
SEVERABILITY.
42 USC
2000gg note.
EFFECTIVE DATE.
NORTH ATLANTIC RIGHT WHALES
NORTH ATLANTIC RIGHT WHALES AND REGULATIONS
16 USC 1387 note.
NORTH ATLANTIC RIGHT WHALES AND REGULATIONS.
Time period.
In General.—
Deadline.
Effective date.
Reports.
Exception.—
GRANT AUTHORITY
16 USC 1393.
CONSERVATION AND MITIGATION ASSISTANCE.
Contracts.
Assistance.—
Deadline.
In general.—
Use of existing authorities.—
Cooperative agreements.—
Eligible Entities.—
Eligible Uses.—
Determination.
Priority.—
Prohibited Uses.—
In general.—
Exception.—
Project Reporting.—
136 STAT. 6092In general.—
Availability to the public.—
16 USC 1393 note.
REPORT TO CONGRESS.
FUNDING.
Authorization of Appropriations.—
Authorization.—
Administrative expenses.—
16 USC 1393 note.
Acceptance and Use of Donations.—
CONTINUOUS PLANKTON RECORDER
33 USC 883a note.
SURVEY.
Deadline.
In General.—
Required Elements.—
Public information.
Coordination.
Canada.
Time period.
Authorization of Appropriations.—
Providing Urgent Maternal Protections for Nursing Mothers Act.
PUMP FOR NURSING MOTHERS ACT
29 USC 201 note.
SHORT TITLE.
BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
Expanding Employee Access to Break Time and Space.—
29 USC 218d.
BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
In General.—
Compensation.—
In general.—
Relief from duties.—
Exemption for Small Employers.—
Exemption for Crewmembers of Air Carriers.—
136 STAT. 6094In general.—
Definitions.—
Air carrier.—
Crewmember.—
Applicability to Rail Carriers.—
In general.—
Certain employees.—
Significant expense.—
Definitions.—
Employee who maintains the right of way.—
Rail carrier.—
Train crew.—
Applicability to Motorcoach Services Operators.—
In general.—
Employees who are involved in the movement of a motorcoach.—
Significant expense.—
Definitions.—
Motorcoach; motorcoach services.—
Motorcoach services operator.—
Notification Prior to Commencement of Action.—
In general.—
Time period.
Compliance.
Exceptions.—
Interaction With State and Federal Law.—
Laws providing greater protection.—
No effect on title 49 preemption.—
Clarifying Remedies.—
Authorizing Employees to Temporarily Obscure the Field of View of an Image Recording Device on a Locomotive or Rolling Stock While Expressing Breast Milk.—
In general.—
Temporarily obscuring field of view of an image recording device while expressing breast milk.—
In general.—
Resuming operation.—
EFFECTIVE DATE.
29 USC 207 note.
Expanding Access.—
29 USC 215 note.
Remedies and Clarification.—
49 USC 20168 note.
Authorizing Employees to Temporarily Obscure the Field of View of an Image Recording Device on a Locomotive or Rolling Stock While Expressing Breast Milk.—
29 USC 218d note.
Application of Law to Employees of Rail Carriers.—
In general.—
Definitions.—
Employee; employer.—
Employees who maintains the right of way; rail carrier; train crew.—
29 USC 218d note.
Application of Law to Employees of Motorcoach Services Operators.—
In general.—
Definitions.—
Employee; employer.—
Motorcoach; motorcoach services operator.—
State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act.
STATE, LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY, INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY
42 USC 1305 note.
SHORT TITLE.
AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS FOR INFRASTRUCTURE PROJECTS.
In General.—
42 USC 802.
Authority to use funds for certain infrastructure projects.—
In general.—
Projects described.—
Limitations; application of requirements.—
Limitation on amounts to be used for infrastructure projects.—
In general.—
Rule of application.—
Limitation on operating expenses.—
Application of requirements.—
Oversight.—
Supplement, not supplant.—
Reports.—
Time period.
Termination date.
Availability.—
42 USC 803.
Authority to use funds for certain infrastructure projects.—
In general.—
Limitations; application of requirements.—
Limitation on amounts to be used for infrastructure projects.—
In general.—
Rule of application.—
Limitation on operating expenses.—
Determination.
Application of requirements.—
Oversight.—
Supplement, not supplant.—
Reports.—
Time period.
Termination date.
Availability.—
Technical Amendments.—
42 USC 802 note.
Guidance and Effective Date.—
Deadline.
Updates.
Guidance or rule.—
Effective date.—
Department of the Treasury Administrative Expenses.—
Reduction of funds available for administrative expenses.—
15 USC 9042.
, by15 USC 9072.
byDetermination.
Authority.—
Provisions specified.—
Payments to eligible revenue sharing consolidated governments.—
ALLOWING PAYMENTS TO ELIGIBLE REVENUE SHARING CONSOLIDATED GOVERNMENTS FROM LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND.
In General.—
Payments to Eligible Revenue Sharing Consolidated Governments.—
Payments to eligible revenue sharing consolidated governments for fiscal years 2023 and 2024.Allocation.
Time periods.
Effective date.
—
Funding for payments.—
In general.—
Amounts described.—
Conforming Amendments.—
Eligible revenue sharing consolidated government.—
Definition.
The term ‘EXTENSION OF AVAILABILITY OF CORONAVIRUS RELIEF FUND PAYMENTS TO TRIBAL GOVERNMENTS.
RESCISSION OF CORONAVIRUS RELIEF AND RECOVERY FUNDS DECLINED BY STATES, TERRITORIES, OR OTHER GOVERNMENTAL ENTITIES.
42 USC 806.
RESCISSION OF FUNDS DECLINED BY STATES, TERRITORIES, OR OTHER GOVERNMENTAL ENTITIES.
Rescission.—
In general.—
Exclusion.—
Rules of construction.—
Use for Deficit Reduction.—
State or Other Governmental Entity Defined.—
FAIRNESS FOR 9/11 FAMILIES ACT
Fairness for 9/11 Families Act.
IMPROVEMENTS TO THE JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT.
34 USC 10101 note.
Short Title.—
In General.—
Time period.
Deadline.
Update.
Procedures.
Guidance.
Deadlines.
Authorization.—
In general.—
Appropriations.—
In general.—
Limitation.—
Lump sum catch-up payments for 1983 beirut barracks bombing victims and 1996 khobar towers bombing victims.—
Deadline.
Audit.
Federal Register, publication.
Notice.
In general.—
Time period.
Effective date.
Public comment.—
Determinations.
Report.—
Lump sum catch-up payment reserve fund.—
In general.—
Deadlines.
Authorization.—
Appropriations.—
In general.—
Limitation.—
Expiration.—
In general.—
Remaining amounts.—
Exception for 1983 beirut barracks bombing victims and 1996 khobar towers bombing victims.—
Definition.
1983 beirut barracks bombing victim.—
Definition.
1996 khobar towers bombing victim.—
GAO Report on Funding for the United States Victims of State Sponsored Terrorism Fund.—
Evaluation.
Assessments.
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report evaluating ways to increase deposits into the United States Victims of State Sponsored Terrorism Fund established under paragraph (1) of section 404(e) of the Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144(e)) (in this subsection referred to as the “Fund”), including assessing the advisability and effect of—Rescissions.—
Business loans program account.—
Shuttered venue operators grant.—
Aviation manufacturing payroll support program.—
LEGISLATIVE HISTORY—H.R. 2617:
CONGRESSIONAL RECORD:
July 26, Sept. 28, considered and passed House.
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.
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