Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696589061567.pdf (United States)
 State’’ means a State that contains 1 or more counties (including any political subdivi- sion located within the area) in the Appalachian region as defined in section 14102(a) of title 40, United States Code: Provided further, That funds made available under this heading for construction of the Appalachian Development Highway System shall remain available until expended: Provided further, That, except as provided in the following proviso, funds made available under this heading for construction of the Appalachian Development Highway System shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That a project carried out with funds made available under this heading for construction of the Appalachian Development Highway System shall be carried out in the same manner as a project under section 14501 of title 40, United States Code: Provided further, That subject to the following proviso, funds made available under this heading for construc- tion of the Appalachian Development Highway System shall be apportioned to Appalachian States according to the percent- ages derived from the 2012 Appalachian Development Highway System Cost-to-Complete Estimate, adopted in Appalachian Regional Commission Resolution Number 736, and confirmed as each Appalachian State’s relative share of the estimated remaining need to complete the Appalachian Development Highway System, adjusted to exclude those corridors that such States have no current plans to complete, as reported in the 2013 Appalachian Development Highway System Completion Report, unless those States have modified and assigned a higher H. R. 2617—653 priority for completion of an Appalachian Development High- way System corridor, as reported in the 2020 Appalachian Development Highway System Future Outlook: Provided fur- ther, 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 Develop- ment Highway System under this heading: Provided further, That the Secretary shall consult with the Appalachian Regional Commission in making adjustments under the preceding two provisos: Provided further, That the Federal share of the costs for which an expenditure is made for construction of the Appa- lachian Development Highway System under this heading shall be up to 100 percent; (3) $40,000,000 shall be for the nationally significant Fed- eral lands and Tribal projects program under section 1123 of the FAST Act (23 U.S.C.
201 note), of which not less than $20,000,000 shall be for competitive grants to tribal govern- ments; (4) $12,000,000 shall be for the regional infrastructure accelerator demonstration program authorized under section 1441 of the FAST Act (23 U.S.C.
601 note): Provided, That for funds made available under this paragraph, the Federal share of the costs shall be, at the option of the recipient, up to 100 percent; (5) $20,000,000 shall be for the national scenic byways program under section 162 of title 23, United States Code: Provided, That, except as otherwise provided under this heading, the funds made available under this paragraph shall be administered as if apportioned under chapter 1 of title 23, United States Code; (6) $45,000,000 shall be for the active transportation infra- structure investment program under section 11529 of the Infra- structure Investment and Jobs Act (23 U.S.C.
217 note): Pro- vided, That except as otherwise provided under such section or this heading, the funds made available under this paragraph shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That funds made available under this paragraph shall remain available until expended; (7) $3,000,000 shall be to carry out the Pollinator-Friendly Practices on Roadsides and Highway Rights-of-Way Program under section 332 of title 23, United States Code; (8) $5,000,000 shall be for a cooperative series of agree- ments with universities, Federal agencies, the National Academy of Sciences, transportation agencies, or nonprofit organizations, to examine the impacts of culverts, roads, and bridges on threatened or endangered salmon populations: Pro- vided, That, for funds made available under this paragraph, the Federal share of the costs of an activity carried out with such funds shall be 80 percent: Provided further, That, except as otherwise provided under this heading, the funds made available under this paragraph shall be administered as if authorized under chapter 5 of title 23, United States Code; (9) $1,145,000,000 shall be for a bridge replacement and rehabilitation program: Provided, That, for the purposes of funds made available under this paragraph, the term ‘‘State’’ H. R. 2617—654 means any of the 50 States or the District of Columbia and the term ‘‘qualifying State’’ means any State in which the percentage of total deck area of bridges classified as in poor condition in such State is at least 5 percent or in which the percentage of total bridges classified as in poor condition in such State is at least 5 percent: Provided further, That, of the funds made available under this paragraph, the Secretary shall reserve $6,000,000 for each State that does not meet the definition of a qualifying State: Provided further, That, after making the reservations under the preceding proviso, the Secretary shall distribute the remaining funds made avail- able under this
 paragraph to each qualifying State by the proportion that the percentage of total deck area of bridges classified as in poor condition in such qualifying State bears to the sum of the percentages of total deck area of bridges classified as in poor condition in all qualifying States: Provided further, That, of the funds made available under this para- graph— (A) no qualifying State shall receive more than $60,000,000; (B) each State shall receive an amount not less than $6,000,000; and (C) after calculating the distribution of funds pursuant in excess of to the preceding proviso, any amount $60,000,000 shall be redistributed equally among each State that does not meet the definition of a qualifying State: Provided further, That the funds made available under this paragraph shall be used for highway bridge replacement or rehabilitation projects on public roads: Provided further, That for purposes of this paragraph, the Secretary shall calculate the percentages of total deck area of bridges (including the percentages of total deck area classified as in poor condition) and the percentages of total bridge counts (including the percentages of total bridges classified as in poor condition) based on the National Bridge Inventory as of December 31, 2018: Provided further, That, except as otherwise provided under this heading, the funds made available under this para- graph shall be administered as if apportioned under chapter 1 of title 23, United States Code; (10) $15,000,000 shall be transferred to the Northern Border Regional Commission (40 U.S.C.
15101 et seq.)
to make grants, in addition to amounts otherwise made available to the Northern Border Regional Commission for such purpose, to carry out pilot projects that demonstrate the capabilities of wood-based infrastructure projects: Provided, That a grant made with funds made available under this paragraph shall be administered in the same manner as a grant made under subtitle V of title 40, United States Code; (11) $150,000,000 shall be for competitive awards for activi- ties eligible under section 176(d)(4) of title 23, United States Code, of which $125,000,000 shall be for such activities eligible under subparagraph (A) of such section, and of which $25,000,000 shall be for such activities eligible under subpara- graph (C) of such section: Provided, That, except as otherwise provided under this heading, the funds made available under this paragraph shall be administered as if apportioned under H. R. 2617—655 chapter 1 of title 23, United States Code: Provided further, That, except as otherwise provided under this heading, funds made available under this paragraph shall be administered as if made available to carry out section 176(d) of such title: Provided further, That, for purposes of the calculation under section 176(d)(5)(G)(ii) of such title, amounts made available under this paragraph shall be included in the calculation of the total amount provided for fiscal year 2023 under section 176(d) of such title: Provided further, That for purposes of applying the set-asides under section 176(d)(5)(H)(ii) and (iii)
 of such title, amounts made available under this paragraph for competitive awards for activities eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of such title shall be included in the calculation of the amounts made available to carry out section 176(d) of such title for fiscal year 2023: Provided further, That, the Secretary may retain not more than a total of 5 percent of the amounts made available under this para- graph to carry out this paragraph and to review applications for grants under this paragraph, and may transfer portions of the funds retained under this proviso to the relevant Administrators to fund the award and oversight of grants pro- vided under this paragraph: Provided further, That a project assisted with funds made available under this paragraph shall be treated as a project on a Federal-aid highway; (12) $5,000,000 shall be transferred to the Denali Commis- sion for activities eligible under section 307(e) of the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105–277): Provided, That funds made available under this para- graph shall not be subject to section 311 of such Act: Provided further, That except as otherwise provided under section 307(e) of such Act or this heading, funds made available under this paragraph shall be administered as if directly appropriated to the Denali Commission and subject to applicable provisions of such Act, including the requirement in section 307(e) of such Act that the local community provides a 10 percent non- Federal match in the form of any necessary land or planning and design funds: Provided further, That such funds shall be available until expended: Provided further, That the Federal share of the costs for which an expenditure is made with funds transferred under this paragraph shall be up to 90 per- cent; and (13) $15,000,000 shall be transferred to the Denali Commis- sion to carry out the Denali Access System Program under section 309 of the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105–277): Provided, That a transfer under this paragraph shall not be subject to section 311 of such Act: Provided further, That except as otherwise provided under this heading, funds made available under this paragraph shall be administered as if directly appropriated to the Denali Commission and subject to applicable provisions of such Act: Provided further, That funds made available under this para- graph shall not be subject to section 309(j)(2) of such Act: Provided further, That funds made available under this para- graph shall be available until expended: Provided further, That the Federal share of the costs for which an expenditure is made with funds transferred under this paragraph shall be up to 100 percent.
H. R. 2617—656 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION SEC.

120.
(a) For fiscal year 2023, the Secretary of Transpor- tation shall— (1) not distribute from the obligation limitation for Federal- aid highways— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transpor- tation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated bal- ance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid high- way and highway safety construction programs for previous fiscal years the funds for which are allocated by the Sec- retary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under para- graphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construc- tion programs (other than sums authorized to be appro- priated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(12) for such fiscal year), less the aggregate of the amounts not
 distributed under paragraphs (1) and (2) of this subsection; (4) distribute the obligation limitation for Federal-aid high- ways, less the aggregate amounts not distributed under para- graphs (1) and (2), for each of the programs (other than pro- grams to which paragraph (1) applies) that are allocated by the Secretary under authorized Federal-aid highway and high- way safety construction programs, or apportioned by the Sec- retary under section 202 or 204 of title 23, United States Code, by multiplying— (A)
 the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for such fiscal year; and (5) distribute the obligation limitation for Federal-aid high- ways, less the aggregate amounts not distributed under para- graphs (1) and (2) and the amounts distributed under para- graph (4), for Federal-aid highway and highway safety construc- tion programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts appor- tioned for the National Highway Performance Program in sec- tion 119 of title 23, United States Code, that are exempt from H. R. 2617—657 the limitation under subsection (b)(12) and the amounts appor- tioned under sections 202 and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the pro- grams that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to (B) the total of the amounts authorized to be appro- priated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation limitation for Federal-aid highways shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C.

144 note; 92 Stat.

2714); (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.

1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat.
2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat.

198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat.
107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU (23 U.S.C.

118 note; 119 Stat.
118 note; 119 Stat.

1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and (12) section 119 of title 23, United States Code (but, for each of fiscal years 2013 through 2023, only in an amount equal to $639,000,000).
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not- withstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— (1) revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment H. R. 2617—658 of Public Law 112–141) and 104 of title 23, United States Code.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR- TATION RESEARCH PROGRAMS.— (1) IN GENERAL.—Except as provided in paragraph (2), the obligation limitation for Federal-aid highways shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 of title 23, United States Code; (B) title VI of the Fixing America’s Surface Transpor- tation Act; and (C) title III of division A of the Infrastructure Invest- ment and Jobs Act (Public Law 117–58).
(2) EXCEPTION.—Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and high- way safety construction programs for future fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— (1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for such fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year.
(2) RATIO.—Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5).

(3) AVAILABILITY.—Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.

SEC.

121.

Notwithstanding 31 U.S.C.


3302, funds received by the Bureau of Transportation Statistics from the sale of data prod- ucts, for necessary expenses incurred pursuant to chapter 63 of title 49, United States Code, may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses.

SEC.

122.
SEC.

122.

Not less than 15 days prior to waiving, under his or her statutory authority, any Buy America requirement for Fed- eral-aid highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Secretary shall post on a website any waivers granted under the Buy America requirements.

SEC.

123.
SEC.

123.

None of the funds made available in this Act may be used to make a grant for a project under section 117 of title 23, United States Code, unless the Secretary, at least 60 days H. R. 2617—659 before making a grant under that section, provides written notifica- tion to the House and Senate Committees on Appropriations of the proposed grant, including an evaluation and justification for the project and the amount of the proposed grant award.

SEC.

124.
(a) A State or territory, as defined in section 165 of title 23, United States Code, may use for any project eligible under section 133(b) of title 23 or section 165 of title 23 and located within the boundary of the State or territory any earmarked amount, and any associated obligation limitation: Provided, That the Department of Transportation for the State or territory for which the earmarked amount was originally designated or directed notifies the Secretary of its intent to use its authority under this section and submits an annual report to the Secretary identifying the projects to which the funding would be applied.
Notwithstanding the original period of availability of funds to be obligated under this section, such funds and associated obligation limitation shall remain available for obligation for a period of 3 fiscal years after the fiscal year in which the Secretary is notified.

The Federal share of the cost of a project carried out with funds made available under this section shall be the same as associated with the earmark.
(b) In this section, the term ‘‘earmarked amount’’ means— (1) congressionally directed spending, as defined in rule XLIV of the Standing Rules of the Senate, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration; or (2) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives, identified in a prior law, report, or joint explanatory statement, which was author- ized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for those projects or activities that have obligated less than 10 percent of the amount made available for obligation as of October 1 of the current fiscal year, and shall be applied to projects within the same general geographic area within 25 miles for which the funding was designated, except that a State or territory may apply such authority to unexpended balances of funds from projects or activities the State or territory certifies have been closed and for which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the information provided by the States and territories annually to the House and Senate Committees on Appropriations.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations H. R. 2617—660 and programs pursuant to section 31110 of title 49, United States Code, as amended by the Infrastructure Investment and Jobs Act (Public Law 117–58), $367,500,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account), together with advances and reimbursements received by the Federal Motor Car- rier Safety Administration, the sum of which shall remain available until expended: Provided, That funds available for implementation, execution, or administration of motor carrier safety operations and programs authorized under title 49, United States Code, shall not exceed total obligations of $367,500,000, for ‘‘Motor Carrier Safety Operations and Programs’’ fiscal year 2023, of which for $14,073,000, to remain available for obligation until September 30, 2025, is for the research and technology program, and of which not less than $63,098,000, to remain available for obligation until September 30, 2025, is for development, modernization, enhance- ment, and continued operation and maintenance of information technology and information management.
MOTOR CARRIER SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out sections 31102, 31103, 31104, and 31313 of title 49, United States Code, $506,150,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided, That funds available for the implementation or execution of motor carrier safety programs shall not exceed total obligations of $506,150,000 in fiscal year 2023 for ‘‘Motor Carrier Safety Grants’’: Provided further, That of the amounts made available under this heading— (1) $398,500,000, to remain available for obligation until September 30, 2024, shall be for the motor carrier safety assist- ance program; (2) $42,650,000, to remain available for obligation until September 30, 2024, shall be for the commercial driver’s license program implementation program; (3) $58,800,000, to remain available for obligation until September 30, 2024, shall be for the high priority program; (4) $1,200,000, to remain available for obligation until Sep- tember 30, 2024, shall be for the commercial motor vehicle operators grant program; and (5) $5,000,000, to remain available for obligation until Sep- tember 30, 2024, shall be for the commercial motor vehicle enforcement training and support grant program.
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION SEC.

130.

The Federal Motor Carrier Safety Administration shall send notice of section 385.308 of title 49, Code of Federal Regulations, violations by certified mail, registered mail, or another manner of delivery, which records the receipt of the notice by the persons responsible for the violations.

H. R. 2617—661 SEC.

131.


The Federal Motor Carrier Safety Administration shall update annual inspection regulations under Appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, as recommended by GAO–19–264.

SEC.

132.
None of the funds appropriated or otherwise made available to the Department of Transportation by this Act or any other Act may be obligated or expended to implement, administer, or enforce the requirements of section 31137 of title 49, United States Code, or any regulation issued by the Secretary pursuant to such section, with respect to the use of electronic logging devices by operators of commercial motor vehicles, as defined in section 31132(1) of such title, transporting livestock as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471) or insects.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION OPERATIONS AND RESEARCH For expenses necessary to discharge the functions of the Sec- retary, with respect to traffic and highway safety, authorized under chapter 301 and part C of subtitle VI of title 49, United States Code, $210,000,000, to remain available through September 30, 2024.
OPERATIONS AND RESEARCH (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out the provi- sions of section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, section 25024 of the Infrastructure Investment and Jobs Act (Public Law 117–58), and chapter 303 of title 49, United States Code, $197,000,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2023, are in excess of $197,000,000: Provided further, That of the sums appropriated under this heading— (1) $190,000,000 shall be for programs authorized under section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, and section 25024 of the Infrastructure Invest- ment and Jobs Act (Public Law 117–58); and (2) $7,000,000 shall be for the National Driver Register authorized under chapter 303 of title 49, United States Code: Provided further, That within the $197,000,000 obligation limitation for operations and research, $57,500,000 shall remain available until September 30, 2024, and shall be
 in addition to the amount of any limitation imposed on obligations for future years: Provided H. R. 2617—662 further, That amounts for behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls are in addition to any other funds provided for those purposes for fiscal year 2023 in this Act.
HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out provisions of sections 402, 404, and 405 of title 23, United States Code, and grant administration expenses under chapter 4 of title 23, United States Code, to remain available until expended, $795,220,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account): Provided, That none of the funds in this Act shall be available for the planning or execution of programs for which the total obligations in fiscal year 2023 are in excess of $795,220,000 for programs authorized under sections 402, 404, and 405 of title 23, United States Code, and grant adminis- tration expenses under chapter 4 of title 23, United States Code: Provided further, That of the sums appropriated under this heading— (1) $370,900,000 shall be for ‘‘Highway Safety Programs’’ under section 402 of title 23, United States Code; (2) $346,500,000 shall be for ‘‘National Priority Safety Pro- grams’’ under section 405 of title 23, United States Code; (3) $38,300,000 shall be for the ‘‘High Visibility Enforce- ment Program’’ under section 404 of title 23, United States Code; and (4) $39,520,000 shall be for grant administrative expenses under chapter 4 of title 23, United States Code: Provided further, That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office fur- nishings and fixtures for State, local or
 private buildings or struc- tures: Provided further, That not to exceed $500,000 of the funds made available for ‘‘National Priority Safety Programs’’ under sec- tion 405 of title 23, United States Code, for ‘‘Impaired Driving Countermeasures’’ (as described in subsection (d) of that section) shall be available for technical assistance to the States: Provided further, That with respect to the ‘‘Transfers’’ provision under section 405(a)(8) of title 23, United States Code, any amounts transferred to increase the amounts made available under section 402 shall include the obligation authority for such amounts: Provided further, That the Administrator shall notify the House and Senate Commit- tees on Appropriations of any exercise of the authority granted under the preceding proviso or under section 405(a)(8) of title 23, United States Code, within 5 days.
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION SEC.

140.

An additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the H. R. 2617—663 amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff.

SEC.

141.
SEC.

141.

The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws but only to the extent that the obligation authority has not lapsed or been used.

SEC.

142.

None of the funds in this Act or any other Act shall be used to enforce the requirements of section 405(a)(9) of title 23, United States Code.

SEC.

143.
SEC.

143.

Section 24220 of the Infrastructure Investment and Jobs Act (Public Law 117–58) is amended by adding at the end the following: ‘‘(f) SHORT TITLE.—This section may be cited as the ‘Honoring the Abbas Family Legacy to Terminate Drunk Driving Act’.’’.

FEDERAL RAILROAD ADMINISTRATION SAFETY AND OPERATIONS For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $250,449,000, of which $25,000,000 shall remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT For necessary expenses for railroad research and development, $44,000,000, to remain available until expended: Provided, That of the amounts provided under this heading, up to $3,000,000 shall be available pursuant to section 20108(d) of title 49, United States Code, for the construction, alteration, and repair of buildings and improvements at the Transportation Technology Center.
FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL For necessary expenses related to Federal-State Partnership for Intercity Passenger Rail grants as authorized by section 24911 of title 49, United States Code, $100,000,000, to remain available until expended: Provided, That the Secretary may withhold up to 2 percent of the amounts made available under this heading in this Act for the costs of award and project management oversight of grants carried out under title 49, United States Code.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS (INCLUDING TRANSFER OF FUNDS) For necessary expenses related to Consolidated Rail Infrastruc- ture and Safety Improvements grants, as authorized by section 22907 of title 49, United States Code, $535,000,000, to remain available until expended: Provided, That of the amounts made available under this heading in this Act— (1) not less than $150,000,000 shall be for projects eligible under section 22907(c)(2) of title 49, United States Code, that support the development of new intercity passenger rail service routes including alignments for existing routes; H. R. 2617—664 (2) not less than $25,000,000 shall be for projects eligible under section 22907(c)(11) of title 49, United States Code: Pro- vided, That for amounts made available in this paragraph, the Secretary shall give preference to projects that are located in counties with the most pedestrian trespasser casualties; (3) $5,000,000 shall be for preconstruction planning activi- ties and capital costs related to the deployment of magnetic levitation transportation projects; (4) $30,426,000 shall be made available for the purposes, and in amounts, specified for Community Project Funding/ Congressionally Directed Spending in the table entitled ‘‘Community Funding/Congressionally Directed Project Spending’’ included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That requirements under subsections (g) and (l) of section 22907 of
 title 49, United States Code, shall not apply to this paragraph: Provided further, That any remaining funds available after the distribution of the Community Project Funding/Congressionally Directed Spending described in this paragraph shall be available to the Secretary to distribute as discretionary grants under this heading; and (5) not less than $5,000,000 shall be available for workforce development and training activities as authorized under section 22907(c)(13) of title 49, United States Code:
 (including Provided further, That for amounts made available under this heading in this Act, eligible projects under section 22907(c)(8) of title 49, United States Code, shall also include railroad systems planning (including the preparation of regional intercity passenger rail plans and State Rail Plans) and railroad project development activities railroad project planning, preliminary engineering, design, environmental analysis, feasibility studies, and the development and analysis of project alternatives): Provided further, That section 22905(f) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act for projects that implement or sustain positive train control systems otherwise eligible under section 22907(c)(1) of title 49, United States Code: Provided further, That amounts made available under this heading in this Act for projects selected for commuter rail passenger transportation may be transferred by the Secretary, after selection, to the appropriate agencies to be administered in accordance with chapter 53 of title 49, United States Code: Provided further, That for amounts made available under this heading in this Act, eligible recipients under section 22907(b)(7) of title 49, United States Code, shall include any holding company of a Class II railroad or Class III railroad (as those terms are defined in section 20102 of title 49, United States Code): Provided further, That section 22907(e)(1)(A) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That section 22907(e)(1)(A) of title 49, United States Code, shall not apply to amounts made available under this heading in previous fiscal years if such funds are announced in a notice of funding opportunity that includes funds made avail- able under this heading in this Act: Provided further, That the preceding proviso shall not apply to funds made available under this heading in the
 Infrastructure Investment and Jobs Act (division J of Public Law 117–58): Provided further, That unobligated bal- ances remaining after 6 years from the date of enactment of this H. R. 2617—665 Act may be used for any eligible project under section 22907(c) of title 49, United States Code: Provided further, That the Secretary may withhold up to 2 percent of the amounts made available under this heading in this Act for the costs of award and project management oversight of grants carried out under title 49, United States Code.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associ- ated with the Northeast Corridor as authorized by section 22101(a) of the Infrastructure Investment and Jobs Act (Public Law 117– 58), $1,260,000,000, to remain available until expended: Provided, That the Secretary may retain up to one-half of 1 percent of the amounts made available under both this heading in this Act and the ‘‘National Network Grants to the National Railroad Passenger Corporation’’ heading in this Act to fund the costs of project manage- ment and oversight of activities authorized by section 22101(c) of the Infrastructure Investment and Jobs Act (Public Law 117– 58): Provided further, That in addition to the project management oversight funds authorized under section 22101(c) of the Infrastruc- ture Investment and Jobs Act (Public Law 117–58), the Secretary may retain up to an additional $5,000,000 of the amounts made available under this heading in this Act to fund expenses associated with the Northeast Corridor Commission established under section 24905 of title 49, United States Code.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associ- ated with the National Network as authorized by section 22101(b) of the Infrastructure Investment and Jobs Act (division B of Public Law 117–58), $1,193,000,000, to remain available until expended: Provided, That the Secretary may retain up to an additional $3,000,000 of the funds provided under this heading in this Act to fund expenses associated with the State-Supported Route Com- mittee established under section 24712 of title 49, United States Code: Provided further, That at least $50,000,000 of the amount provided under this heading in this Act shall be available for the development, installation and operation of railroad safety improvements, including the implementation of a positive train control system, on State-supported routes as defined under section 24102(13) of title 49, United States Code, on which positive train control systems are not required by law or regulation as identified on or before the date of enactment of this Act: Provided further, That any unexpended balances from amounts provided under this heading in this Act and in prior fiscal years for the development, installation and operation of railroad safety technology on State- supported routes on which positive train control systems are not required by law or regulation shall also be available for railroad safety improvements on
 State-supported routes as identified on or before the date of enactment of Public Law 117–103: Provided further, That none of the funds provided under this heading in this Act shall be used by Amtrak to give notice under subsection H. R. 2617—666 (a) or (c) of section 24706 of title 49, United States Code, with respect to long-distance routes (as defined in section 24102 of title 49, United States Code) on which Amtrak is the sole operator on a host railroad’s line and a positive train control system is not required by
 law or regulation, or, except in an emergency or during maintenance or construction outages impacting such routes, to otherwise discontinue, reduce the frequency of, suspend, or substantially alter the route of rail service on any portion of such route operated in fiscal year 2018, including implementation of service permitted by section 24305(a)(3)(A) of title 49, United States Code, in lieu of rail service: Provided further, That the National Railroad Passenger Corporation may use up to $66,000,000 of the amounts made available under this heading in this Act to support planning and capital costs, and operating assistance consistent with the Federal funding limitations under section 22908 of title 49, United States Code, of corridors selected under section 25101 of title 49, United States Code, that are operated by the National Railroad Passenger Corporation.
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION (INCLUDING RESCISSION) (INCLUDING TRANSFER OF FUNDS) SEC.

150.

None of the funds made available by this Act may be used by the National Railroad Passenger Corporation in con- travention of the Worker Adjustment and Retraining Notification Act (29 U.S.C.

2101 et seq.).

SEC.

151.
The amounts made available to the Secretary or to the Federal Railroad Administration for the costs of award, administration, and project management oversight of financial assistance which are administered by the Federal Railroad Adminis- tration, in this and prior Acts, may be transferred to the Federal Railroad Administration’s ‘‘Financial Assistance Oversight and Technical Assistance’’ account for the necessary expenses to support the award, administration, project management oversight, and tech- nical assistance of financial assistance administered by the Federal Railroad Administration, in the same manner as appropriated for in this and prior Acts: Provided, That this section shall not apply to amounts that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Con- trol Act of 1985.
SEC.

152.

Amounts made available under the heading ‘‘Depart- ment of Transportation—Federal Railroad Administration—Res- toration and Enhancement’’ in any prior fiscal years are subject to the requirements of section 22908 of title 49, United States Code, as in effect on the effective date of the Infrastructure Invest- ment and Jobs Act (Public Law 117–58).

SEC.

153.
Section 802 of title VIII of division J of Public Law 117–58 is amended— (1) in the first proviso, by inserting ‘‘that could be’’ after ‘‘amounts’’; and (2) in the second proviso, by inserting ‘‘that could be’’ after ‘‘amounts’’: H. R. 2617—667 Provided, That amounts repurposed by the amendments made by this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated as an emergency requirement pursu- ant to section 4001(a)(1) of S. Con.
Res.

14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res.

1151 (117th Congress) as engrossed in the House of Representatives on June 8, 2022.

SEC.

154.
SEC.

154.

Of the unobligated balances of funds remaining from— (1) ‘‘Rail Line Relocation and Improvement Program’’ account totaling $1,811,124.16 appropriated by Public Law 112– 10 is hereby permanently rescinded; and (2) ‘‘Railroad Safety Grants’’ account totaling $1,610,000.00 appropriated by Public Law 114–113 is hereby permanently rescinded.

SEC.

155.
None of the funds made available to the National Railroad Passenger Corporation may be used to fund any overtime costs in excess of $35,000 for any individual employee: Provided, That the President of Amtrak may waive the cap set in the pre- ceding proviso for specific employees when the President of Amtrak determines such a cap poses a risk to the safety and operational efficiency of the system: Provided further, That the President of Amtrak shall report to the House and Senate Committees on Appro- priations no later than 60 days after the date of enactment of this Act, a summary of all overtime payments incurred by Amtrak for 2022 and the 3 prior calendar years: Provided further, That such summary shall include the total number of employees that received waivers and the total overtime payments Amtrak paid to employees receiving waivers for each month for 2022 and for the 3 prior calendar years.
SEC.

156.

None of the funds made available to the National Railroad Passenger Corporation under the headings ‘‘Northeast Cor- ridor Grants to the National Railroad Passenger Corporation’’ and ‘‘National Network Grants to the National Railroad Passenger Cor- poration’’ may be used to reduce the total number of Amtrak Police Department uniformed officers patrolling on board passenger trains or at stations, facilities or rights-of-way below the staffing level on May 1, 2019.

SEC.

157.
SEC.

157.

It is the sense of Congress that— (1) long-distance passenger rail routes provide much-needed transportation access for 4,700,000 riders in 325 communities in 40 States and are particularly important in rural areas; and (2) long-distance passenger rail routes and services should be sustained to ensure connectivity throughout the National Network (as defined in section 24102 of title 49, United States Code).

SEC.

158.

State-supported routes operated by Amtrak.
Section 24712(a) of title 49, United States Code, is hereby amended by inserting after section 24712(a)(7) the following— ‘‘(8) STAFFING.—The Committee may— ‘‘(A) appoint, terminate, and fix the compensation of an executive director and other Committee employees nec- essary for the Committee to carry out its duties; and H. R. 2617—668 ‘‘(B) enter into contracts necessary to carry out its duties, including providing Committee employees with retirement and other employee benefits under the condition that Non-Federal members or officers, the executive director, and employees of the Committee are not Federal employees for any purpose.
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—Amounts made available by the Secretary of Transportation for the Committee may be used to carry out this section.’’.

SEC.

159.
For an additional amount for ‘‘Consolidated Rail Infrastructure and Safety Improvements’’, $25,000,000, to remain available until expended, for projects selected in response to the Notice of Funding Opportunity published by the Federal Railroad Administration on August 19, 2019 (84 FR 42979), and where a grant for the project was obligated after June 1, 2021 and remains open: Provided, That sponsors of projects eligible for funds made available under this heading in this section shall provide sufficient written justification describing, at a minimum, the current project cost estimate, why the project cannot be completed with the obli- gated grant amount, and any other relevant information, as deter- mined by the Secretary: Provided further, That funds made avail- able under this section shall be allocated to projects eligible to receive funding under this section in order of the date the grants were obligated: Provided further, That the allocation under the preceding proviso will be for the amounts necessary to cover increases to eligible project costs since the grant was obligated, based on the information provided: Provided further, That the amounts made available under this section shall not be part of the Federal share of total project costs under section 22907(h)(2) of title 49, United States Code: Provided further, That the Federal Railroad Administration shall provide the amounts allocated to projects under this section no later than 90 days after the date the sufficient written justifications required under this section have been submitted.
FEDERAL TRANSIT ADMINISTRATION TRANSIT FORMULA GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of obligations incurred in carrying out the provisions of 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, as amended by the Infrastructure Investment and Jobs Act, section 20005(b) of Public Law 112–141, and section 3006(b) of the Fixing America’s Surface Transportation Act, $13,634,000,000, to be derived from the Mass Transit Account of the Highway Trust Fund and to remain available until expended: Provided, That funds available for the implementation or execution of programs authorized under 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, as amended by the Infrastructure Investment and Jobs Act, section H. R. 2617—669 20005(b) of Public Law 112–141, and section 3006(b) of the Fixing America’s Surface Transportation Act, shall not exceed total obliga- tions of $13,634,000,000 in fiscal year 2023.
TRANSIT INFRASTRUCTURE GRANTS For an additional amount for buses and bus facilities grants under section 5339(b) of title 49, United States Code, low or no emission grants under section 5339(c) of such title, ferry boats grants under section 5307(h) of such title, bus testing facilities under section 5318 of such title, innovative mobility solutions grants under section 5312 of such title, accelerating innovative mobility initiative grants under section 5312 of such title, accelerating the adoption of zero emission buses under section 5312 of such title, Community Project Funding/Congressionally Directed Spending for projects and activities eligible under chapter 53 of such title, and ferry service for rural communities under section 71103 of division G of Public Law 117–58, $541,959,324, to remain available until expended: Provided, That of the sums provided under this heading in this Act— (1) $90,000,000 shall be available for buses and bus facili- ties competitive grants as authorized under section 5339(b) of such title; (2) $50,000,000 shall be available for the low or no emission grants as authorized under section 5339(c) of such title: Pro- vided, That the minimum grant award shall be not less than $750,000; (3) $15,000,000 shall be available for ferry boat grants as authorized under section 5307(h) of such title: Provided, That of the amounts provided under this paragraph, no less than $5,000,000 shall be available for low or zero emission ferries or ferries using electric battery or fuel cell components
 and the infrastructure to support such ferries; (4) $2,000,000 shall be available for the operation and maintenance of the bus testing facilities selected under section 5318 of such title; (5) $360,459,324 shall be available for the purposes, and in amounts, specified for Community Project Funding/Congres- sionally Directed Spending in the table entitled ‘‘Community Project Funding/Congressionally Directed Spending’’ included in the explanatory statement described in section 4 (in the matter preceding
 division A of this consolidated Act): Provided, That unless otherwise specified, applicable requirements under chapter 53 of title 49, United States Code, shall apply to amounts made available in this paragraph, except that the Federal share of the costs for a project in this paragraph shall be in an amount equal to 80 percent of the net costs of the project, unless the Secretary approves a higher maximum Federal share of the net costs of the project consistent with administration of similar projects funded under chapter 53 of title 49, United States Code; (6) $17,500,000 shall be available for ferry service for rural communities under section 71103 of division G of Public Law 117–58: Provided, That for amounts made available in this paragraph, notwithstanding section 71103(a)(2)(B), eligible service shall include passenger ferry service that serves at least two rural areas with a single segment over 20 miles H. R. 2617—670 between the two rural areas and is not otherwise eligible under section 5307(h) of title 49, United States Code: Provided further, That entities that provide eligible service pursuant to the pre- ceding proviso may use amounts made available in this para- graph for public transportation capital projects to support any ferry service between two rural areas: Provided further, That entities eligible for amounts made available in this paragraph shall only provide ferry service to rural areas; (7) $1,000,000 shall be available for the demonstration and deployment of innovative mobility solutions as authorized under section 5312 of title 49, United States Code: Provided, That such amounts shall be available for competitive grants or cooperative agreements for the development of software to facilitate the provision of demand-response public transpor- tation service that dispatches public transportation fleet vehicles through riders mobile devices or other advanced means: Provided further, That the Secretary shall evaluate the poten- tial for software
 developed with grants or cooperative agree- ments to be shared for use by public transportation agencies; (8) $1,000,000 shall be for the accelerating innovative mobility initiative as authorized under section 5312 of title 49, United States Code: Provided, That such amounts shall be available for competitive grants to improve mobility and enhance the rider experience with a focus on innovative service delivery models, creative financing, novel partnerships, and integrated payment solutions in order to help disseminate proven innovation mobility practices throughout the public transportation industry; and (9) $5,000,000 shall be available to support technical assist- ance, research, demonstration, or deployment activities or projects to accelerate the adoption of zero emission buses in public transit as authorized under section 5312 of title 49, United States Code: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund: Provided further, That amounts made available under this heading in this Act shall not be subject to any limitation on obligations for transit programs set forth in this or any other Act.
TECHNICAL ASSISTANCE AND TRAINING For necessary expenses to carry out section 5314 of title 49, United States Code, $7,500,000, to remain available until Sep- tember 30, 2024: Provided, That the assistance provided under this heading does not duplicate the activities of section 5311(b) or section 5312 of title 49, United States Code: Provided further, That amounts made available under this heading are in addition to any other amounts made available for such purposes: Provided further, That amounts made available under this heading shall not be subject to any limitation on obligations set forth in this or any other Act.
CAPITAL INVESTMENT GRANTS For necessary expenses to carry out fixed guideway capital investment grants under section 5309 of title 49, United States Code, and section 3005(b) of the Fixing America’s Surface Transpor- tation Act (Public Law 114–94), $2,210,000,000, to remain available H. R. 2617—671 until expended: Provided, That of the sums appropriated under this heading in this Act— (1) $1,772,900,000 shall be available for projects authorized under section 5309(d) of title 49, United States Code; (2) $100,000,000 shall be available for projects authorized under section 5309(e) of title 49, United States Code; (3) $215,000,000 shall be available for projects authorized under section 5309(h) of title 49, United States Code; and (4) $100,000,000 shall be available for projects authorized under section 3005(b) of the Fixing America’s Surface Transpor- tation Act: Provided further, That the Secretary shall continue to administer the capital investment grants program in accordance with the proce- dural and substantive requirements of section 5309 of title 49, United States Code, and of section 3005(b) of the Fixing America’s Surface Transportation Act: Provided further, That projects that receive a grant agreement under the Expedited Project Delivery for Capital Investment Grants Pilot Program under section 3005(b) of the Fixing America’s Surface Transportation Act shall be deemed eligible for funding provided for projects under section 5309 of title 49, United States Code, without further evaluation or rating
 under such section: Provided further, That such funding shall not exceed the Federal share under section 3005(b): Provided further, That upon submission to the Congress of the fiscal year 2024 President’s budget, the Secretary of Transportation shall transmit to Congress the annual report on capital investment grants, including proposed allocations for fiscal year 2024.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432), $150,000,000, to remain available until expended: Provided, That the Secretary of Transportation shall approve grants for capital and preventive maintenance expenditures for the Wash- ington Metropolitan Area Transit Authority only after receiving and reviewing a request for each specific project: Provided further, That the Secretary shall determine that the Washington Metropoli- tan Area Transit Authority has placed the highest priority on those investments that will improve the safety of the system before approving such grants.
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION (INCLUDING RESCISSIONS) SEC.

160.

The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C.

5338, previously made available for obligation, or to any other authority previously made available for obligation.

SEC.

161.
SEC.

161.

Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading ‘‘Capital Investment Grants’’ of the Federal Transit Administration for projects specified in this Act not obligated by September 30, 2026, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.

H. R. 2617—672 SEC.

162.


Notwithstanding any other provision of law, any funds appropriated before October 1, 2022, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure, may be transferred to and administered under the most recent appropriation heading for any such section.

SEC.

163.
SEC.

163.

None of the funds made available by this Act or any other Act shall be used to adjust apportionments or withhold funds from apportionments pursuant to section 9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C.

9503(e)(4)).

SEC.

164.


None of the funds made available by this Act or any other Act shall be used to impede or hinder project advancement or approval for any project seeking a Federal contribution from the capital investment grants program of greater than 40 percent of project costs as authorized under section 5309 of title 49, United States Code.

SEC.

165.
For an additional amount for ‘‘Department of Transportation—Federal Transit Administration—Capital Invest- ment Grants’’, $425,000,000, to remain available until expended, for allocation to recipients with existing full funding grant agree- ments under sections 5309(d) and 5309(e) of title 49, United States Code: Provided, That allocations shall be made only to recipients— (1) that have received allocations for fiscal year 2022 or that have expended 100 percent of the funds allocated under section 3401(b)(4) of the American Rescue Plan Act of 2021 (Public Law 117–2); and (2) that have a non-capital investment grant share of at least $800,000,000 and either a capital investment grant share of 40 percent or less or signed a full funding grant agreement between January 20, 2017 and January 20, 2021; and (3) that have expended at least 75 percent of the allocations received under paragraph (4) of section 3401(b) of the American Rescue Plan Act of 2021 (Public Law 117–2) or expended at least 50 percent of the Federal operating assistance allocations received under section 5307 of title 49, United States Code, in the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116–260), or the American Rescue Plan Act of 2021 (Public Law 117–2): Provided further, That recipients with projects open for revenue service shall not be eligible to receive an allocation of funding under this section: Provided
 further, That amounts shall be provided to recipients proportionally based on the non-capital investment grant share of the project: Provided further, That no project may receive an allocation of more than 15 percent of the total amount in this section: Provided further, That the Secretary shall propor- tionally distribute funds in excess of such 15 percent to recipients for which the percent of funds does not exceed 15 percent: Provided further, That amounts allocated pursuant to this section shall be provided to eligible recipients notwithstanding the limitation of any calculation of the maximum amount of Federal financial assist- ance for the project under section 5309(k)(2)(C)(ii) of title 49, United States Code: Provided further, That the Federal Transit Administra- tion shall allocate amounts under this section no later than 30 days after the date of enactment of this Act.
SEC.

166.
(a) The remaining unobligated balances, as of Sep- tember 30, 2023, from amounts made available to the Department H. R. 2617—673 of Transportation in section 422 under title IV of division L of the Consolidated Appropriations Act, 2022 (Public Law 117–103) are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated on September 30, 2023, for an additional amount for fiscal year 2023, to remain available until September 30, 2025, and shall be available for the same purposes and under the same authorities for which such amounts were originally provided in the Consolidated Appropriations Act, 2019 (Public Law 116–6).
(b) The remaining unobligated balances, as of September 30, 2023, from amounts made available to the Department of Transpor- tation under the heading ‘‘Federal Transit Administration—Capital Investment Grants’’ in division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated on September 30, 2023, for an additional amount for fiscal year 2023, to remain available until September 30, 2025, and shall be available for the same purposes and under the same authorities for which such amounts were originally provided in Public Law 116–94.
SEC.

167.

Any unexpended balances from amounts previously appropriated for low or no emission vehicle component assessment under 49 U.S.C.
5312(h) under the headings ‘‘Transit Formula Grants’’ and ‘‘Transit Infrastructure Grants’’ in fiscal years 2021 and 2022 may be used by the facilities selected for such vehicle component assessment for capital projects in order to build new infrastructure and enhance existing facilities in order to expand component testing capability, in accordance with the industry stake- holder testing objectives and capabilities as outlined through the work of the Federal Transit Administration Transit Vehicle Innova- tion and Deployment Centers program and included in the Center for Transportation and the Environment report submitted to the Federal Transit Administration for review.
GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Great Lakes St. Lawrence Seaway Development Corpora- tion 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 commit- ments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs set forth in the Corporation’s budget for the current fiscal year.
OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND) For necessary expenses to conduct the operations, maintenance, and capital infrastructure activities on portions of the St. Lawrence Seaway owned, operated, and maintained by the Great Lakes St. Lawrence Seaway Development Corporation, $38,500,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to section 210 of the Water Resources Development Act of 1986 (33 U.S.C.
2238): Provided, That of the amounts made available under this heading, not less than $14,800,000 shall be for the seaway infrastructure program.
H. R. 2617—674 MARITIME ADMINISTRATION MARITIME SECURITY PROGRAM (INCLUDING RESCISSION OF FUNDS) For necessary expenses to maintain and preserve a U.S.-flag merchant fleet as authorized under chapter 531 of title 46, United States Code, to serve the national security needs of the United States, $318,000,000, to remain available until expended: Provided, That of the unobligated balances from prior year appropriations available under this heading, $55,000,000 are hereby permanently rescinded.
CABLE SECURITY FLEET For the cable security fleet program, as authorized under chapter 532 of title 46, United States Code, $10,000,000, to remain available until expended.

TANKER SECURITY PROGRAM For Tanker Security Fleet payments, as authorized under sec- tion 53406 of title 46, United States Code, $60,000,000, to remain available until expended.
OPERATIONS AND TRAINING For necessary expenses of operations and training activities authorized by law, $213,181,000: Provided, That of the sums appro- priated under this heading— (1) $87,848,000 shall remain available until September 30, 2024, for the operations of the United States Merchant Marine Academy; (2) $11,900,000 shall remain available until expended, for facilities maintenance and repair, and equipment, at the United States Merchant Marine Academy; (3) $31,921,000 shall remain available until expended, for capital improvements at the United States Merchant Marine Academy; (4) $6,000,000 shall remain available until September 30, 2024, for the Maritime Environmental and Technical Assistance program authorized under section 50307 of title 46, United States Code; and (5) $10,000,000 shall remain available until expended, for the America’s Marine Highway Program to make grants for the purposes authorized under paragraphs (1) and (3) of section 55601(b) of title 46, United States Code: Provided further, That the Administrator of the Maritime Adminis- tration shall transmit to the House and Senate Committees on Appropriations the annual report on sexual assault and sexual harassment at the United States Merchant Marine Academy as required pursuant to section 3510 of the National Defense Authorization Act for fiscal year 2017 (46 U.S.C.
51318): Provided further, That available balances under this heading for the Short Sea Transportation Program (now known as the America’s Marine Highway Program) from prior year recoveries shall be available H. R. 2617—675 to carry out activities authorized under paragraphs (1) and (3) of section 55601(b) of title 46, United States Code.
STATE MARITIME ACADEMY OPERATIONS For necessary expenses of operations, support, and training activities for State Maritime Academies, $120,700,000: Provided, That of the sums appropriated under this heading— (1) $30,500,000 shall remain available until expended, for maintenance, repair, life extension, insurance, and capacity improvement of National Defense Reserve Fleet training ships, and for support of training ship operations at the State Mari- time Academies, of which not more than $8,000,000 shall be for expenses related to training mariners, and for costs associ- ated with training vessel sharing pursuant to section 51504(g)(3) of title 46, United States Code, for costs associated with mobilizing, operating and demobilizing the vessel; travel costs for students, faculty and crew; and the costs of the general agent, crew costs, fuel, insurance, operational fees, and vessel hire costs, as determined by the Secretary; (2) $75,000,000 shall remain available until expended, for the National Security Multi-Mission Vessel Program, including funds for construction, planning, administration, and design of school ships and, as determined by the Secretary, necessary expenses to design, plan, construct infrastructure, and purchase equipment necessary to berth such ships; (3) $2,400,000 shall remain available until September 30, 2027, for the Student Incentive Program; (4) $6,800,000 shall remain available until expended, for training ship fuel assistance; and (5) $6,000,000 shall remain available until September
 30, 2024, for direct payments for State Maritime Academies: Provided further, That the Administrator of the Maritime Adminis- tration may use the funds made available under paragraph (2) and the funds provided for shoreside infrastructure improvements in Public Law 117–103 for the purposes described in paragraph (2): Provided further, That such funds may be used to reimburse State Maritime Academies for costs incurred prior to the date of enactment of this Act.
ASSISTANCE TO SMALL SHIPYARDS To make grants to qualified shipyards as authorized under section 54101 of title 46, United States Code, $20,000,000, to remain available until expended.
SHIP DISPOSAL (INCLUDING RESCISSION OF FUNDS) For necessary expenses related to the disposal of obsolete ves- sels in the National Defense Reserve Fleet of the Maritime Adminis- tration, $6,000,000, to remain available until expended: Provided, That of the unobligated balances from prior year appropriations made available under this heading, $12,000,000 are hereby perma- nently rescinded.
H. R. 2617—676 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For administrative expenses to carry out the guaranteed loan program, $3,000,000, which shall be transferred to and merged with the appropriations for ‘‘Maritime Administration—Operations and Training’’.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM To make grants to improve port facilities as authorized under section 54301 of title 46, United States Code, $212,203,512, to remain available until expended: Provided, That projects eligible for amounts made available under this heading in this Act shall be projects for coastal seaports, inland river ports, or Great Lakes ports: Provided further, That of the amounts made available under this heading in this Act, not less than $187,203,512 shall be for coastal seaports or Great Lakes ports: Provided further, That the requirements under section 3501(a)(12) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) shall apply to amounts made available under this heading in this Act: Provided further, That for grants awarded under this heading in this Act, the minimum grant size shall be $1,000,000: Provided further, That for amounts made available under this heading in this Act, the requirement under section 54301(a)(6)(A)(ii) of title 46, United States Code, shall not apply to projects located in non- contiguous States or territories.
ADMINISTRATIVE PROVISION—MARITIME ADMINISTRATION SEC.

170.
Notwithstanding any other provision of this Act, in addition to any existing authority, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration: Provided, That payments received therefor shall be credited to the appropriation charged with the cost thereof and shall remain available until expended: Provided further, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be depos- ited into the Treasury as miscellaneous receipts.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OPERATIONAL EXPENSES For necessary operational expenses of the Pipeline and Haz- ardous Materials Safety Administration, $29,936,000, of which $4,500,000 shall remain available until September 30, 2025.
HAZARDOUS MATERIALS SAFETY For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $70,743,000, of which $12,070,000 shall remain available until September 30, 2025, of which $1,000,000 shall be made available for carrying out section 5107(i) of title 49, United H. R. 2617—677 States Code: Provided, That up to $800,000 in fees collected under section 5108(g) of title 49, United States Code, shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemi- nation, and for travel expenses incurred in performance of haz- ardous materials exemptions and approvals functions.
PIPELINE SAFETY (PIPELINE SAFETY FUND) (OIL SPILL LIABILITY TRUST FUND) For expenses necessary to carry out a pipeline safety program, as authorized by section 60107 of title 49, United States Code, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990 (Public Law 101–380), $190,385,000, to remain available until September 30, 2025, of which $29,000,000 shall be derived from the Oil Spill Liability Trust Fund; of which $153,985,000 shall be derived from the Pipeline Safety Fund; of which $400,000 shall be derived from the fees collected under section 60303 of title 49, United States Code, and deposited in the Liquefied Natural Gas Siting Account for compliance reviews of liquefied natural gas facilities; and of which $7,000,000 shall be derived from fees collected under section 60302 of title 49, United States Code, and deposited in the Underground Natural Gas Storage Facility Safety Account for the purpose of carrying out section 60141 of title 49, United States Code: Provided, That not less than $1,058,000 of the amounts made available under this heading shall be for the One-Call State grant program: Provided further, That any amounts made available under this heading in this Act or in prior Acts for research contracts, grants, cooperative agreements or research other transactions agreements (‘‘OTAs’’) shall require written notification to the House and Senate Commit- tees 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: Pro- vided further, That the Secretary shall transmit to the House and Senate Committees on Appropriations the report on pipeline safety testing enhancement as required pursuant to section 105 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (division R of Public Law 116–260): Provided further, That the Secretary may obligate amounts made available under this heading to engineer, erect, alter, and repair buildings or make any other public improvements for research facilities at the Transportation Technology Center after the Secretary submits an updated research plan and the report in the preceding proviso to the House and Senate Committees on Appropriations and after such plan and report in the preceding proviso are approved by the House and Senate Committees on Appropriations.
H. R. 2617—678 EMERGENCY PREPAREDNESS GRANTS (LIMITATION ON OBLIGATIONS) (EMERGENCY PREPAREDNESS FUND) For expenses necessary to carry out the Emergency Prepared- ness Grants program, not more than $28,318,000 shall remain available until September 30, 2025, from amounts made available by section 5116(h) and subsections (b) and (c) of section 5128 of title 49, United States Code: Provided, That notwithstanding section 5116(h)(4) of title 49, United States Code, not more than 4 percent of the amounts made available from this account shall be available to pay the administrative costs of carrying out sections 5116, 5107(e), and 5108(g)(2) of title 49, United States Code: Pro- vided further, That notwithstanding subsections (b) and (c) of sec- tion 5128 of title 49, United States Code, and the limitation on obligations provided under this heading, prior year recoveries recog- nized in the current year shall be available to develop and deliver hazardous materials emergency response training for emergency responders, including response activities for the transportation of crude oil, ethanol, flammable liquids, and other hazardous commod- ities by rail, consistent with National Fire Protection Association standards, and to make such training available through an elec- tronic format: Provided further, That the prior year recoveries made available under this heading shall also be available to carry out sections 5116(a)(1)(C), 5116(h), 5116(i), 5116(j), and 5107(e) of title 49, United States Code.
OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $108,073,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties speci- fied in the Inspector General Act, as amended (5 U.S.C.

App.

), to investigate allegations of fraud, including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation by the Department of Transportation.

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION SEC.

180.
180.

(a) During the current fiscal year, applicable appro- priations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department busi- ness; and uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations to the Department and its operating administrations shall be avail- able for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance the missions of the Department of Transportation or an operating administration of the Department of Transportation.
H. R. 2617—679 (c) Any unmanned aircraft system purchased, procured, or con- tracted for by the Department prior to the date of enactment of this Act shall be deemed authorized by Congress as if this provision was in effect when the system was purchased, procured, or con- tracted for.

SEC.

181.
SEC.

181.

Appropriations contained in this Act for the Depart- ment of Transportation shall be available for services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV.

SEC.

182.
SEC.

182.

(a) No recipient of amounts made available by this Act shall disseminate personal information (as defined in section 2725(3) of title 18, United States Code) obtained by a State depart- ment of motor vehicles in connection with a motor vehicle record as defined in section 2725(1) of title 18, United States Code, except as provided in section 2721 of title 18, United States Code, for a use permitted under section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not with- hold amounts made available by this Act for any grantee if a State is in noncompliance with this provision.

SEC.

183.

None of the funds made available by this Act shall be available for salaries and expenses of more than 125 political and Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation.
SEC.

184.
Funds received by the Federal Highway Administra- tion and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account and to the Federal Railroad Administration’s ‘‘Safety and Oper- ations’’ account, except for State rail safety inspectors participating in training pursuant to section 20105 of title 49, United States Code.
SEC.

185.
None of the funds made available by this Act or in title VIII of division J of Public Law 117–58 to the Department of Transportation may be used to make a loan, loan guarantee, line of credit, letter of intent, federally funded cooperative agree- ment, full funding grant agreement, or discretionary grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project competitively selected to receive any discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, line of credit commitment, federally funded coopera- tive agreement, or full funding grant agreement is announced by the Department or its operating administrations: Provided, That the Secretary of Transportation shall provide the House and Senate Committees on Appropriations with a comprehensive list of all such loans, loan guarantees, lines of credit, letters of intent, feder- ally funded cooperative agreements, full funding grant agreements, and discretionary grants prior to the notification required under the preceding proviso: Provided further, That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any ‘‘quick release’’ of funds from the emergency relief program: Provided further, That no notification shall involve funds that are not available for obligation.
H. R. 2617—680 SEC.

186.

Rebates, refunds, incentive payments, minor fees, and other funds received by the Department of Transportation from travel management centers, charge card programs, the sub- leasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to organizational units of the Department of Transpor- tation using fair and equitable criteria and such funds shall be available until expended.

SEC.

187.
Notwithstanding any other provision of law, if any funds provided by or limited by this Act are subject to a reprogram- ming action that requires notice to be provided to the House and Senate Committees on Appropriations, transmission of such re- programming notice shall be provided solely to the House and Senate Committees on Appropriations, and such reprogramming action shall be approved or denied solely by the House and Senate Committees on Appropriations: Provided, That the Secretary of Transportation may provide notice to other congressional commit- tees of the action of the House and Senate Committees on Appro- priations 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 Appro- priations.
SEC.

188.

Funds appropriated by this Act to the operating administrations may be obligated for the Office of the Secretary for the costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable operating administration or administrations.

SEC.

189.
SEC.

189.

The Secretary of Transportation is authorized to carry out a program that establishes uniform standards for devel- oping and supporting agency transit pass and transit benefits authorized under section 7905 of title 5, United States Code, including distribution of transit benefits by various paper and elec- tronic media.

SEC.

190.
The Department of Transportation may use funds provided by this Act, or any other Act, to assist a contract under title 49 or 23 of the United States Code utilizing geographic, eco- nomic, or any other hiring preference not otherwise authorized by law, or to amend a rule, regulation, policy or other measure that forbids a recipient of a Federal Highway Administration or Federal Transit Administration grant from imposing such hiring preference on a contract or construction project with which the Department of Transportation is assisting, only if the grant recipient certifies the following: (1) that except with respect to apprentices or trainees, a pool of readily available but unemployed individuals pos- sessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; (2) that the grant recipient will include appropriate provi- sions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and (3) that any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program.
H. R. 2617—681 SEC.

191.

The Secretary of Transportation shall coordinate with the Secretary of Homeland Security to ensure that best practices for Industrial Control Systems Procurement are up-to-date and shall ensure that systems procured with funds provided under this title were procured using such practices.

This title may be cited as the ‘‘Department of Transportation Appropriations Act, 2023’’.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TITLE II MANAGEMENT AND ADMINISTRATION EXECUTIVE OFFICES For necessary salaries and expenses for Executive Offices, which shall be comprised of the offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovern- mental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Part- nerships, $18,500,000, to remain available until September 30, 2024: Provided, That not to exceed $25,000 of the amount made available under this heading shall be available to the Secretary of Housing and Urban Development (referred to in this title as ‘‘the Secretary’’) for official reception and representation expenses as the Secretary may determine.
ADMINISTRATIVE SUPPORT OFFICES For necessary salaries and expenses for Administrative Support Offices, $659,600,000, to remain available until September 30, 2024: Provided, That of the sums appropriated under this heading— (1) $90,000,000 shall be available for the Office of the Chief Financial Officer; (2) $125,000,000 shall be available for the Office of the General Counsel, of which not less than $20,300,000 shall be for the Departmental Enforcement Center; (3) $225,000,000 shall be available for the Office of Administration, of which not less than $3,500,000 may be for modernization and deferred maintenance of the Weaver Building; (4) $51,500,000 shall be available for the Office of the Chief Human Capital Officer; (5) $28,000,000 shall be available for the Office of the Chief Procurement Officer; (6) $65,500,000 shall be available for the Office of Field Policy and Management; (7) $4,600,000 shall be available for the Office of Depart- mental Equal Employment Opportunity; and (8) $70,000,000 shall be available for the Office of the Chief Information Officer: Provided further, That funds made available under this heading may be used for necessary administrative and non-administrative expenses of the Department, not otherwise provided for, including purchase of uniforms, or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; hire of passenger motor vehicles; and services as authorized by section H. R. 2617—682 3109 of title 5, United States Code: Provided further,
 That notwith- standing any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that directly support program activities funded in this title: Pro- vided further, That the Secretary shall provide the House and Senate Committees on Appropriations quarterly written notification regarding the status of pending congressional reports: Provided further, That the Secretary shall provide in electronic form all signed reports required by Congress.
PROGRAM OFFICES For necessary salaries and expenses for Program Offices, $1,054,300,000, to remain available until September 30, 2024: Pro- vided, That of the sums appropriated under this heading— (1) $278,200,000 shall be available for the Office of Public and Indian Housing; (2) $163,400,000 shall be available for the Office of Commu- nity Planning and Development; (3) $465,000,000 shall be available for the Office of Housing, of which not less than $13,300,000 shall be for the Office of Recapitalization; (4) $39,600,000 shall be available for the Office of Policy Development and Research; (5) $97,000,000 shall be available for the Office of Fair Housing and Equal Opportunity; and (6) $11,100,000 shall be available for the Office of Lead Hazard Control and Healthy Homes.
WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For the working capital fund for the Department of Housing and Urban Development (referred to in this paragraph as the ‘‘Fund’’), pursuant, in part, to section 7(f) of the Department of Housing and Urban Development Act (42 U.S.C.
3535(f)), amounts transferred, including reimbursements pursuant to section 7(f), to the Fund under this heading shall be available only for Federal shared services used by offices and agencies of the Department, and for any such portion of any office or agency’s printing, records management, space renovation, furniture, or supply services the Secretary has determined shall be provided through the Fund, and the operational expenses of the Fund: Provided, That amounts within the Fund shall not be available to provide services not specifically authorized under this heading: Provided further, That upon a determination by the Secretary that any other service (or portion thereof) authorized under this heading shall be provided through the Fund, amounts made available in this title for salaries and expenses under the headings ‘‘Executive Offices’’, ‘‘Administra- tive Support Offices’’, ‘‘Program Offices’’, and ‘‘Government National Mortgage Association’’, for such services shall be transferred to the Fund, to remain available until expended: Provided further, That the Secretary shall notify the House and Senate Committees on Appropriations of its plans for executing such transfers at least 15 days in advance of such transfers.
H. R. 2617—683 PUBLIC AND INDIAN HOUSING TENANT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing Act of 1937, as amended (42 U.S.C.

1437 et seq.)
(in this title ‘‘the Act’’), not otherwise provided for, $23,599,532,000, to remain avail- able until expended, which shall be available on October 1, 2022 (in addition to the $4,000,000,000 previously appropriated under this heading that shall be available on October 1, 2022), and $4,000,000,000, to remain available until expended, which shall be available on October 1, 2023: Provided, That of the sums appro- priated under this heading— (1) $23,748,420,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose incremental vouchers: Provided, That notwithstanding any other provision of law, from amounts provided under this paragraph and any carryover, the Secretary for the calendar year 2023 funding cycle shall provide renewal funding for each public housing agency based on validated voucher management system (VMS) leasing and cost data for the prior calendar year and by applying an inflation factor as established by the Secretary, by notice published in the Federal Register, and by making any necessary adjustments for the costs associated with the first-time renewal of vouchers under this paragraph including tenant protection and Choice Neighborhoods vouchers: Provided further, That none of the funds provided under this paragraph may be used to fund a total number of unit months under lease which exceeds a public housing agency’s authorized level of units under contract, except for public housing agencies participating in the Moving to Work (MTW) demonstration, which are instead governed in accordance with the require- ments of the MTW demonstration program or their MTW agree- ments, if any: Provided further, That the Secretary shall, to the extent necessary to stay within the amount specified under this paragraph (except as otherwise modified under this para- graph), prorate each public housing
 agency’s allocation other- wise established pursuant to this paragraph: Provided further, That except as provided in the following provisos, the entire amount specified under this paragraph (except as otherwise modified under this paragraph) shall be obligated to the public housing agencies based on the allocation and pro rata method described above, and the Secretary shall notify public housing agencies of their annual budget by the latter of 60 days after enactment of this Act or March 1, 2023: Provided further, That the Secretary may extend the notification period with the prior written approval of the House and Senate Committees on Appropriations: Provided further, That public housing agen- cies participating in the MTW demonstration shall be funded in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any, and shall be subject to the same pro rata adjustments under the preceding provisos: Provided further, That the Secretary may offset public housing H. R. 2617—684 including HUD-held programmatic reserves agencies’ calendar year 2023 allocations based on the excess amounts of public housing agencies’ net restricted assets accounts, (in accordance with VMS data in calendar year 2022 that is verifiable and complete), as determined by the Secretary: Pro- vided further, That public housing agencies participating in the MTW demonstration shall also be subject to the offset, as determined by the Secretary, excluding amounts subject to the single fund budget authority provisions of their MTW agreements, from the agencies’ calendar year 2023 MTW funding allocation: Provided further, That the Secretary shall use any offset referred to in the preceding two provisos through- out the calendar year to prevent the termination of rental assistance for families as the result of insufficient funding, as determined by the Secretary, and to avoid or reduce the proration of renewal funding allocations: Provided further, That up to
 $200,000,000 shall be available only: (A) for adjustments in the allocations for public housing agencies, after application for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in renewal costs of vouchers resulting from unforeseen circumstances or from portability under section 8(r) of the Act; (B) for vouchers that were not in use during the pre- vious 12-month period in order to be available to meet a commitment pursuant to section 8(o)(13) of the Act, or an adjustment for a funding obligation not yet expended in the previous calendar year for a MTW-eligible activity to develop affordable housing for an agency added to the MTW demonstration under the expansion authority pro- vided in section 239 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 (division L of Public Law 114–113); (C) for adjustments for costs associated with HUD– (HUD–VASH) Veterans Affairs Supportive Housing vouchers; (D) for public housing agencies that despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate rental assistance for families as a result of insufficient funding; (E) for adjustments in the allocations for public housing agencies that— (i) are leasing a lower-than-average percentage of their authorized vouchers, (ii) have low amounts of budget authority in their net restricted assets accounts and
 HUD-held pro- grammatic reserves, relative to other agencies, and (iii) are not participating in the Moving to Work demonstration, to enable such agencies to lease more vouchers; (F) for withheld payments in accordance with section 8(o)(8)(A)(ii) of the Act for months in the previous calendar year that were subsequently paid by the public housing agency after the agency’s actual costs were validated; and (G) for public housing agencies that have experienced increased costs or loss of units in an area for which
 the President declared a disaster under title IV of the Robert H. R. 2617—685 T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 et seq.
): Provided further, That the Secretary shall allocate amounts under the preceding proviso based on need, as determined by the Secretary; (2) $337,000,000 shall be available for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, relocation of witnesses (including victims of violent crimes) in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, Choice Neighborhood vouchers, mandatory and voluntary conversions, and tenant protection assistance including replace- ment and relocation assistance or for project-based assistance to prevent the displacement of unassisted elderly tenants cur- rently residing in section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106– 569, as amended, or under the authority as provided under this Act: Provided, That when a public housing development is submitted for demolition or disposition under section 18 of the Act, the Secretary may provide section 8 rental assistance when the units pose an imminent health and safety risk to residents: Provided further, That the Secretary may provide section 8 rental assistance from amounts made available under this paragraph for units assisted under a project-based subsidy contract funded under the ‘‘Project-Based Rental Assistance’’ heading under this title where the owner has received a Notice of Default and the units pose an imminent health and safety risk to residents: Provided further, That of the amounts made available under this paragraph, no less than $5,000,000 may be available to provide tenant protection assistance, not other- wise provided under this paragraph, to residents residing in low vacancy areas and who may have to pay rents greater than 30
 percent of household income, as the result of: (A) the maturity of a HUD-insured, HUD-held or section 202 loan that requires the permission of the Secretary prior to loan prepayment; (B) the expiration of a rental assistance contract for which the tenants are not eligible for enhanced voucher or tenant protection assistance under existing law; or (C) the expiration of affordability restrictions accompanying a mortgage or preservation program administered by the Secretary: Pro- vided further, That such tenant protection assistance made available under the preceding proviso may be provided under the authority of section 8(t) or section 8(o)(13) of the Act: Provided further, That any tenant protection voucher made available from amounts under this paragraph shall not be reissued by any public housing agency, except the replacement vouchers as defined by the Secretary by notice, when the initial family that received any such voucher no longer receives such voucher, and the authority for any public housing agency to issue any such voucher shall cease to exist: Provided further, That the Secretary may only provide replacement vouchers for units that were occupied within the previous 24 months H. R. 2617—686 that cease to be available as assisted housing, subject only to the availability of funds; (3) $2,777,612,000 shall be available for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $30,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to admin- ister their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, HUD–VASH vouchers, and other special purpose incremental vouchers: Provided, That no less than $2,747,612,000 of the amount provided in this paragraph shall be allocated to public housing agencies for the calendar
 year 2023 funding cycle based on section 8(q) of the Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the Quality Housing and Work Respon- sibility Act of 1998 (Public Law 105–276): Provided further, That if the amounts made available under this paragraph are insufficient to pay the amounts determined under the preceding proviso, the Secretary may decrease the amounts allocated to agencies by a uniform percentage applicable to all agencies receiving funding under this paragraph or may, to the extent necessary to provide full payment of amounts determined under the preceding proviso, utilize unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading from prior fiscal years, excluding special purpose vouchers, notwithstanding the purposes for which such amounts were appropriated: Provided further, That all public housing agencies participating in the MTW demonstration shall be funded in accordance with the requirements of the MTW dem- onstration program or their MTW agreements, if any, and shall be subject to the same uniform percentage decrease as under the preceding proviso: Provided further, That amounts provided under this paragraph shall be only for activities related to the provision of tenant-based rental assistance authorized under section 8, including related development activities; (4) $606,500,000 shall be available for the renewal of ten- ant-based assistance contracts under section 811 of the Cran- ston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses: Provided, That administrative and other expenses of public housing agen- cies in administering the special purpose vouchers in this para- graph shall be funded under the same terms and be subject to the same pro rata reduction as the percent decrease for administrative and other expenses to public housing agencies under paragraph (3) of this heading: Provided further, That up to $10,000,000 shall be available only— (A) for adjustments in the allocation for public housing agencies, after applications for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in Mainstream renewal costs resulting from unforeseen circumstances; and (B) for public housing agencies that despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate the H. R. 2617—687 rental assistance for Mainstream families as a result of insufficient funding: Provided further, That the Secretary shall allocate amounts under the preceding proviso based on need, as determined by the Secretary: Provided further, That upon turnover, section 811 special purpose vouchers funded under this heading in this or prior Acts, or under any other heading in prior Acts, shall be provided to non-elderly persons with disabilities; (5) Of the amounts provided under paragraph (1), up to $7,500,000 shall be available for rental assistance and associ- ated administrative fees for Tribal HUD–VASH to serve Native American veterans that are homeless or at-risk of homelessness living on or near a reservation or other Indian areas: Provided, That such amount shall be made available for renewal grants to recipients that received assistance under prior Acts under the Tribal HUD–VASH program: Provided further, That the Secretary shall be authorized to specify criteria for renewal grants, including data on the utilization of assistance reported by grant recipients: Provided further, That such assistance shall be
 administered in accordance with program requirements under the Native American Housing Assistance and Self-Deter- mination Act of 1996 and modeled after the HUD–VASH pro- gram: Provided further, That the Secretary shall be authorized to waive, or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such assistance: Provided further, That grant recipients shall report to the Secretary on utilization of such rental assistance and other program data, as prescribed by the Secretary: Provided further, That the Secretary may reallo- cate, as determined by the Secretary, amounts returned or recaptured from awards under the Tribal HUD–VASH program under prior Acts to existing recipients under the Tribal HUD– VASH program; (6) $50,000,000 shall be available for incremental rental voucher assistance for use through a supported housing pro- gram administered in conjunction with the Department of Vet- erans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided, That the Secretary of Housing and Urban Development shall make such funding available, notwithstanding section 203 (competition provision) of this title, to public housing agencies that partner with eligible VA Medical Centers or other entities as designated by the Secretary of the Department of Veterans Affairs, based on geographical need for such assistance as identified by the Sec- retary of the Department of Veterans Affairs, public housing agency administrative performance, and other factors as speci- fied by the Secretary of Housing and Urban Development in consultation with the Secretary of the
 Department of Veterans Affairs: Provided further, That the Secretary of Housing and Urban Development may waive, or specify alternative require- ments for (in consultation with the Secretary of the Department of Veterans Affairs), any provision of any statute or regulation H. R. 2617—688 that the Secretary of Housing and Urban Development admin- isters in connection with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to remain available for homeless veterans upon turn- over: Provided further, That of the total amount made available under this paragraph, up to $10,000,000 may be for additional fees established by and allocated pursuant to a method deter- mined by the Secretary for administrative and other expenses (including those eligible activities defined by notice to facilitate leasing, such as security deposit assistance and costs related to the retention and support of participating owners) of public housing agencies in administering HUD–VASH vouchers; (7) $30,000,000 shall be available for the family unification program as authorized under section 8(x) of the Act: Provided, That the amounts made available under this paragraph are provided as follows: (A) $5,000,000 shall be available for new incremental voucher assistance: Provided, That the assistance made available under this subparagraph shall continue to remain available for family unification upon turnover; and (B) $25,000,000 shall be available for new incremental voucher assistance to assist eligible youth as defined by such section 8(x)(2)(B) of the Act: Provided, That assistance made available under this subparagraph shall continue to remain
 available for such eligible youth upon turnover: Provided further, That of the total amount made available under this subparagraph, up to $15,000,000 shall be avail- able on a noncompetitive basis to public housing agencies that partner with public child welfare agencies to identify such eligible youth, that request such assistance to timely assist such eligible youth, and that meet any other criteria as specified by the Secretary: Provided further, That the Secretary shall review utilization of the assistance made available under the preceding proviso, at an interval to be determined by the Secretary, and unutilized voucher assistance that is no longer needed shall be recaptured by the Secretary and reallocated pursuant to the preceding proviso: Provided further, That for any public housing agency admin- istering voucher assistance appropriated in a prior Act under the family unification program, or made available and competi- tively 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 Sec- retary shall recapture such assistance from the agency and reallocate it to any other public housing agency or agencies based on need for voucher assistance in connection with such specified program or eligible youth, as applicable; (8) $50,000,000 shall be available for new incremental voucher assistance under section 8(o) of the Act to be allocated pursuant to a method, as determined by the Secretary, which may include a formula that may include such factors as severe H. R. 2617—689 cost burden, overcrowding, substandard housing for very low- income renters, homelessness, and administrative capacity, where such allocation method shall include both rural and urban areas: Provided, That the Secretary may specify addi- tional terms and conditions to ensure that public housing agen- cies provide vouchers for use by survivors of domestic violence, or individuals
 and families who are homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302(a)), or at risk of homelessness, as defined in section 401(1) of such Act (42 U.S.C.

11360(1)); and (9) the Secretary shall separately track all special purpose vouchers funded under this heading.
HOUSING CERTIFICATE FUND (INCLUDING RESCISSIONS) Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading ‘‘Annual Contributions for Assisted Housing’’ and the heading ‘‘Project-Based Rental Assistance’’, for fiscal year 2023 and prior years may be used for renewal of or amendments to section 8 project-based con- tracts and for performance-based contract administrators, notwith- standing the purposes for which such funds were appropriated: Provided, That any obligated balances of contract authority from fiscal year 1974 and prior fiscal years that have been terminated shall be rescinded: Provided further, That amounts heretofore recap- tured, or recaptured during the current fiscal year, from section 8 project-based contracts from source years fiscal year 1975 through fiscal year 1987 are hereby rescinded, and an amount of additional new budget authority, equivalent to the amount rescinded is hereby appropriated, to remain available until expended, for the purposes set forth under this heading, in addition to amounts otherwise available.
PUBLIC HOUSING FUND For 2023 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 (42 U.S.C.

1437g(e)) (the ‘‘Act’’), and to carry out capital and management activities for public housing agencies, as authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,514,000,000, to remain available until September 30, 2026: Provided, That of the sums appropriated under this heading— (1) $5,109,000,000 shall be available for the Secretary to allocate pursuant to the Operating Fund formula at part 990 of title 24, Code of Federal Regulations, for 2023 payments; (2) $25,000,000 shall be available for the Secretary to allo- cate pursuant to a need-based application process notwith- standing section 203 of this title and not subject to such Oper- ating Fund formula to public housing agencies that experience, or are at risk of, financial shortfalls, as determined by the Secretary: Provided, That after all such shortfall needs are met, the Secretary may distribute any remaining funds to all public housing agencies on a pro-rata basis pursuant to such Operating Fund formula; H. R. 2617—690 (3) $3,200,000,000 shall be available for the Secretary to allocate pursuant to the Capital Fund formula at section 905.400 of title 24, Code of Federal Regulations: Provided, That for funds provided under this paragraph, the limitation in section 9(g)(1) of the Act shall be 25 percent: Provided further, That the Secretary may waive the limitation in the preceding proviso to allow public housing agencies to fund activities authorized under section 9(e)(1)(C) of the Act: Pro- vided further, That the Secretary shall notify public housing agencies requesting waivers under the preceding proviso if the request is approved or denied within 14 days of submitting the request: Provided
 further, That from the funds made avail- able under this paragraph, the Secretary shall provide bonus awards in fiscal year 2023 to public housing agencies that are designated high performers: Provided further, That the Department shall notify public housing agencies of their for- mula allocation within 60 days of enactment of this Act; (4) $50,000,000 shall be available for the Secretary to make grants, notwithstanding section 203 of this title, to public housing agencies for emergency capital needs, including safety and security measures necessary to address crime and drug- related activity, as well as needs resulting from unforeseen or unpreventable emergencies and natural disasters excluding Presidentially declared emergencies and natural disasters under the Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C.
5121 et seq.)
occurring in fiscal year 2023, of which $20,000,000 shall be available for public housing agen- cies under administrative and judicial receiverships or under the control of a Federal monitor: Provided, That of the amount made available under this paragraph, not less than $10,000,000 shall be for safety and security measures: Provided further, That in addition to the amount in the preceding proviso for such safety and security measures, any amounts that remain available, after all applications received on or before September 30, 2024, for emergency capital needs have been processed, shall be allocated to public housing agencies for such safety and security measures; (5) $65,000,000 shall be available for competitive grants to public housing agencies to evaluate and reduce residential health hazards in public housing, including lead-based paint (by carrying out the activities of risk assessments, abatement, and interim controls, as those terms are defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
4851b)), carbon monoxide, mold, radon, and fire safety: Provided, That not less than $25,000,000 of the amounts provided under this paragraph shall be awarded for evaluating and reducing lead-based paint hazards: Provided further, That for purposes of environmental review, a grant under this paragraph shall be considered funds for projects or activities under title I of the Act for purposes of section 26 of the Act (42 U.S.C.
1437x) and shall be subject to the regulations implementing such section: Provided further, That amounts made available under this paragraph shall be com- bined with amounts made available under the sixth paragraph under this heading in the Consolidated Appropriations Act, 2021 (Public Law 116–260) and shall be used in accordance with the purposes and requirements under this paragraph; H. R. 2617—691 (6) $15,000,000 shall be available to support the costs of administrative and judicial receiverships and for competitive grants to PHAs in receivership, designated troubled or sub- standard, or otherwise at risk, as determined by the Secretary, for costs associated with public housing asset improvement, in addition to other amounts for that purpose provided under any heading under this title; and (7) $50,000,000 shall be available to support ongoing public housing financial and physical assessment activities: Provided further, That notwithstanding any other provision of law or regulation, during fiscal year 2023, the Secretary of Housing and Urban Development may not delegate to any Department offi- cial other than the Deputy Secretary and the Assistant Secretary for Public and Indian Housing any authority under paragraph (2) of section 9(j) of the Act regarding the extension of the time periods under such section: Provided further, That for purposes of such section 9(j), the term ‘‘obligate’’ means, with respect to amounts, that the amounts are subject to a binding agreement that will result in outlays, immediately or in the future.
CHOICE NEIGHBORHOODS INITIATIVE For competitive grants under the Choice Neighborhoods Initia- tive (subject to section 24 of the United States Housing Act of 1937 (42 U.S.C.
1437v) unless otherwise specified under this heading), for transformation, rehabilitation, and replacement housing needs of both public and HUD-assisted housing and to transform neighborhoods of poverty into functioning, sustainable, mixed-income neighborhoods with appropriate services, schools, public assets, transportation, and access to jobs, $350,000,000, to remain available until September 30, 2027: Provided, That grant funds may be used for resident and community services, community development, and affordable housing needs in the community, and for conversion of vacant or foreclosed properties to affordable housing: Provided further, That not more than 20 percent of the amount of any grant made with amounts made available under this heading may be used for necessary supportive services notwith- standing subsection (d)(1)(L) of such section 24: Provided further, That the use of amounts made available under this heading shall not be deemed to be for public housing, notwithstanding section 3(b)(1) of such Act: Provided further, That grantees shall commit to an additional period of affordability determined by the Secretary of not fewer than 20 years: Provided further, That grantees shall provide a match in State, local, other Federal, or private funds: Provided further, That grantees may include local governments, Tribal entities, public housing agencies, and nonprofit organizations: Provided further, That for-profit developers may apply jointly with a public entity: Provided further, That for purposes of environmental review, a grantee shall be treated as a public housing agency under section 26 of the United States Housing Act of 1937 (42 U.S.C.
1437x), and grants made with amounts available under this heading shall be subject to the regulations issued by the Secretary to implement such section: Provided further, That of the amounts made available under this heading, not less than $175,000,000 shall be awarded to public housing agencies: Provided further, That such grantees shall create partnerships with other H. R. 2617—692 local organizations, including assisted housing owners, service agen- cies, and resident organizations: Provided further, That the Sec- retary shall consult with the Secretaries of Education, Labor, Transportation, Health and Human Services, Agriculture, and Com- merce, the Attorney General, and the Administrator of the Environ- mental Protection Agency to coordinate and leverage other appro- priate Federal resources: Provided further, That not more than $10,000,000 of the amounts made available under this heading may be provided as grants to undertake comprehensive local plan- ning with input from residents and the community: Provided fur- ther, That unobligated balances, including recaptures, remaining from amounts made available under the heading ‘‘Revitalization of Severely Distressed Public Housing (HOPE VI)’’ in fiscal year 2011 and prior fiscal years may be used for purposes under this heading, notwithstanding the purposes for which such amounts were appropriated: Provided further, That the Secretary shall make grant awards not later than 1 year after the date of enactment of this Act in such amounts that the Secretary determines: Provided further, That notwithstanding section 24(o) of the United States Housing Act of 1937 (42 U.S.C.
1437v(o)), the Secretary may, until September 30, 2023, obligate any available unobligated balances made available under this heading in this or any prior Act.
SELF-SUFFICIENCY PROGRAMS For activities and assistance related to Self-Sufficiency Pro- grams, to remain available until September 30, 2026, $175,000,000: Provided, That of the sums appropriated under this heading— (1) $125,000,000 shall be available for the Family Self- Sufficiency program to support family self-sufficiency coordina- tors under section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u), to promote the development of local strategies to coordinate the use of assistance under sections 8 and 9 of such Act with public and private resources, and enable eligible families to achieve economic independence and self-sufficiency; (2) $35,000,000 shall be available for the Resident Oppor- tunity and Self-Sufficiency program to provide for supportive services, service coordinators, and congregate services as authorized by section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z–6) and the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.

4101 et seq.
4101 et seq.

): Provided, That amounts made available under this paragraph may be used to renew Resident Opportunity and Self-Sufficiency program grants to allow the public housing agency, or a new owner, to continue to serve (or restart service to) residents of a project with assistance converted from public housing to project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or assistance under section 8(o)(13) of such Act under the heading ‘‘Rental Assistance Demonstration’’ in the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55), as amended (42 U.S.C.
1437f note); and (3) $15,000,000 shall be available for a Jobs-Plus Initiative, modeled after the Jobs-Plus demonstration: Provided, That funding provided under this paragraph shall be available for competitive grants to partnerships between public housing H. R. 2617—693 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 organiza- tions that provide support to help public housing residents obtain employment and increase earnings: Provided further, That applicants must demonstrate the ability to provide serv- ices to residents, partner with workforce investment boards, and leverage service dollars: Provided further, That the Sec- retary 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 pro- gram, 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 pro- gram for residents: Provided further, That the Secretary shall publish by notice in the Federal Register any waivers or alter- native requirements pursuant to the preceding proviso no later than 10 days before the effective date of such notice.
NATIVE AMERICAN PROGRAMS (INCLUDING RESCISSION) For activities and assistance authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (in this heading ‘‘NAHASDA’’) (25 U.S.C.

4111 et seq.

), title I of the Housing and Community Development Act of 1974 (42 U.S.C.

5301 et seq.)
with respect to Indian tribes, and related training and technical assistance, $1,020,000,000, to remain avail- able until September 30, 2027: Provided, That of the sums appro- priated under this heading— (1) $787,000,000 shall be available for the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided, That, notwithstanding NAHASDA, to determine the amount of the allocation under title I of such Act for each Indian tribe, the Secretary shall apply the formula under section 302 of such Act with the need component based on single-race census data and with the need component based on multi-race census data, and the amount of the allocation for each Indian tribe shall be the greater of the two resulting allocation amounts: Provided further, That the Secretary shall notify grantees of their formula allocation not later than 60 days after the date of enactment of this Act; (2) $150,000,000 shall be available for competitive grants under the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided, That the Secretary shall obligate such amount for competitive grants to eligible recipients authorized under NAHASDA that apply for funds: Provided further, That in awarding amounts made available in this paragraph, the Secretary shall consider need and administrative capacity, and shall give priority to projects that will spur construction and rehabilitation of housing: Pro- vided further, That a grant funded pursuant to this paragraph shall be
 in an amount not greater than $7,500,000: Provided further, That any amounts transferred for the necessary costs H. R. 2617—694 of administering and overseeing the obligation and expenditure of such additional amounts in prior Acts may also be used for the necessary costs of administering and overseeing such additional amount; (3) $1,000,000 shall be available for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided, That such costs, including the cost of modifying such notes and other obligations, shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a): Provided further, That amounts made available in this and prior Acts for the cost of such guaranteed notes and other obligations that are unobligated, including recaptures and carryover, shall be available to subsidize the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed $50,000,000, to remain avail- able until September 30, 2024: Provided further, That any remaining loan guarantee limitation authorized for this pro- gram in fiscal year 2020 or prior fiscal years is hereby rescinded; (4) $75,000,000 shall be available for grants to Indian tribes for carrying out the Indian Community Development Block Grant program under title I of the Housing and Commu- nity Development Act of 1974, notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision of law (including section 203 of this Act), not more than $5,000,000 may be used for emergencies that constitute imminent threats to health and safety: Provided, That not to exceed 20 percent of any grant made with amounts made available in this paragraph shall be expended for planning and management development and administration; and (5) $7,000,000, in addition to amounts otherwise available for such purpose, shall be available for providing training and technical assistance to Indian tribes, Indian housing authori- ties, and tribally designated housing entities, to support the inspection of Indian housing units, for contract expertise, and for training and technical assistance related to amounts made available under this heading and other headings in this Act for the needs of Native American families and Indian country: Provided, That of the amounts made available in this para- graph, not less than $2,000,000 shall be for a national organiza- tion as authorized under section 703 of NAHASDA (25 U.S.C.
4212): Provided further, That amounts made available in this paragraph may be used, contracted, or competed as determined by the Secretary: Provided further, That notwithstanding chapter 63 of title 31, United States Code (commonly known as the Federal Grant and Cooperative Agreements Act of 1977), the amounts made available in this paragraph may be used by the Secretary to enter into cooperative agreements with public and private organizations, agencies, institutions, and other technical assistance providers to support the administra- tion 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).

H. R. 2617—695 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT (INCLUDING RESCISSION) For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 (12 U.S.C.
1715z–13a), $5,521,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C.

661a): Provided further, That amounts made available in this and prior Acts for the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 (12 U.S.C.
1715z–13a), that are unobli- gated, including recaptures and carryover, shall be available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $1,400,000,000, to remain available until September 30, 2024: Provided further, That any remaining loan guarantee limitation authorized under this heading in fiscal year 2020 or prior fiscal years is hereby rescinded: Provided further, That any amounts determined by the Secretary to be unavailable are hereby returned to the General Fund of the Treasury.
NATIVE HAWAIIAN HOUSING BLOCK GRANT For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assist- ance and Self-Determination Act of 1996 (25 U.S.C.

4221 et seq.
), $22,300,000, to remain available until September 30, 2027: Pro- vided, That notwithstanding section 812(b) of such Act, the Depart- ment of Hawaiian Home Lands may not invest grant amounts made available under this heading in investment securities and other obligations: Provided further, That amounts made available under this heading in this and prior fiscal years may be used to provide rental assistance to eligible Native Hawaiian families both on and off the Hawaiian Home Lands, notwithstanding any other provision of law: Provided further, That up to $1,000,000 of the amounts made available under this heading shall be for training and technical assistance related to amounts made available under this heading and other headings in this Act for the needs of Native Hawaiians and the Department of Hawaiian Home Lands.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT New commitments to guarantee loans, as authorized by section 184A of the Housing and Community Development Act of 1992 (12 U.S.C.

1715z–13b), any part of which is to be guaranteed, shall not exceed $28,000,000 in total loan principal, to remain available until September 30, 2024: Provided, That the Secretary may enter into commitments to guarantee loans used for refi- nancing.
COMMUNITY PLANNING AND DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity H. R. 2617—696 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 Sep- tember 30, 2025: Provided, That the Secretary shall renew or replace all expiring contracts for permanent supportive housing that initially were funded under section 854(c)(5) of such Act from funds made available under this heading in fiscal year 2010 and prior fiscal years that meet all program requirements before awarding funds for new contracts under such section: Provided further, That the process for submitting amendments and approving replacement contracts shall be established by the Secretary in a notice: Provided further, That the Department shall notify grantees of their formula allocation within 60 days of enactment of this Act.
COMMUNITY DEVELOPMENT FUND For assistance to States and units of general local government, and other entities, for economic and community development activi- ties, and other purposes, $6,397,285,641, to remain available until September 30, 2026: Provided, That of the sums appropriated under this heading— (1) $3,300,000,000 shall be available for carrying out the community development block grant program under title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C.

5301 et seq.)
(in this heading ‘‘the Act’’): Provided, That not to exceed 20 percent of any grant made with funds made available under this paragraph shall be expended for planning and management development and administration: Provided further, That a metropolitan city, urban county, unit of general local government, or insular area that directly or indirectly receives funds under this para- graph may not sell, trade, or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds, credits, or non-Federal considerations, but shall use such funds for activities eligible under title I of the Act: Provided further, That notwithstanding section 105(e)(1) of the Act, no funds made available under this para- graph may be provided to a for-profit entity for an economic development project under section 105(a)(17) unless such project has been evaluated and selected in accordance with guidelines required under subsection (e)(2) of section 105; (2) $85,000,000 shall be available for the Secretary to award grants on a competitive basis to State and local governments, metropolitan planning organizations, and multijurisdictional entities for additional activities under title I of the Act for the identification and removal of barriers to affordable housing production and preservation: Provided, That eligible uses of such grants include activities to further develop, evaluate, and implement housing policy plans, improve housing strategies, and facilitate affordable housing production and preservation: Provided further, That the Secretary shall prioritize applicants that are able to (A) demonstrate progress and a commitment to overcoming local barriers to facilitate the increase in afford- able housing production and preservation; and (B) demonstrate an acute demand for housing affordable to households with incomes below 100 percent of the area median income: Provided H. R. 2617—697 further, That funds allocated for such grants shall not adversely affect the amount of any formula assistance
 received by a jurisdiction under paragraph (1) of this heading: Provided fur- ther, That in administering such amounts the Secretary may waive or specify alternative requirements for any provision of such title I except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and requirements that activities benefit persons of low- and mod- erate-income, upon a finding that any such waivers or alter- native requirements are necessary to expedite or facilitate the use of such amounts; (3) $30,000,000 shall be available for activities authorized under section 8071 of the SUPPORT for Patients and Commu- nities Act (Public Law 115–271): Provided, That funds allocated pursuant to this paragraph shall not adversely affect the amount of any formula assistance received by a State under paragraph (1) of this heading: Provided further, That the Sec- retary shall allocate the funds for such activities based on the notice establishing the funding formula published in 84 FR 16027 (April 17, 2019) except that the formula shall use age-adjusted rates of drug overdose deaths for 2020 based on data from the Centers for Disease Control and Prevention; and (4) $2,982,285,641 shall be available for grants for the Economic Development Initiative (EDI) for the purposes, and in amounts, specified for Community Project Funding/Congres- sionally Directed Spending in the table entitled ‘‘Community Project Funding/Congressionally Directed Spending’’ included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That eligible expenses of such grants may include administra- tive, planning, operations and maintenance, and other costs: Provided further, That such grants for the EDI shall be avail- able for reimbursement of otherwise eligible expenses incurred on or after the date of enactment of this Act and prior to the date of grant execution: Provided further, That none of the amounts made
 available under this paragraph for grants for the EDI shall be used for reimbursement of expenses incurred prior to the date of enactment of this Act: Provided further, That grants for the EDI authorized under this heading in the Department of Housing and Urban Development Appro- priations Act, 2022 (Public Law 117–103) shall also be available for reimbursement of otherwise eligible expenses (including those eligible expenses identified in the first proviso of this paragraph) incurred on or after the date of enactment of such Act and prior to the date of grant execution, and shall not be subject to the second proviso under such heading in such Act: Provided further, That for amounts made available under para- graphs (1) and (3), the Secretary shall notify grantees of their formula allocation within 60 days of enactment of this Act.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget Act of 1974 (2 U.S.C.

661a), during fiscal year 2023, commitments to guarantee H. R. 2617—698 loans under section 108 of the Housing and Community Develop- ment Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total principal amount of $300,000,000, notwith- standing any aggregate limitation on outstanding obligations guaranteed in subsection (k) of such section 108: Provided, That the Secretary shall collect fees from borrowers, notwithstanding subsection (m) of such section 108, to result in a credit subsidy cost of zero for guaranteeing such loans, and any such fees shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That such commitment authority funded by fees may be used to guarantee, or make commit- ments to guarantee, notes or other obligations issued by any State on behalf of non-entitlement communities in the State in accordance with the requirements of such section 108: Provided further, That any State receiving such a guarantee or commitment under the preceding proviso shall distribute all funds subject to such guar- antee to the units of general local government in non-entitlement areas that received the commitment.
HOME INVESTMENT PARTNERSHIPS PROGRAM For the HOME Investment Partnerships program, as author- ized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended (42 U.S.C.

12721 et seq.

), $1,500,000,000, to remain available until September 30, 2026: Provided, That not- withstanding section 231(b) of such Act (42 U.S.C.
12771(b)), all unobligated balances remaining from amounts recaptured pursuant to such section that remain available until expended shall be com- bined with amounts made available under this heading and allo- cated in accordance with the formula under section 217(b)(1)(A) of such Act (42 U.S.C.

12747(b)(1)(A)): Provided further, That the Department shall notify grantees of their formula allocations within 60 days after enactment of this Act: Provided further, That section 218(g) of such Act (42 U.S.C.
12748(g)) shall not apply with respect to the right of a jurisdiction to draw funds from its HOME Invest- ment Trust Fund that otherwise expired or would expire in any calendar year from 2016 through 2025 under that section: Provided further, That section 231(b) of such Act (42 U.S.C.
12771(b)) shall not apply to any uninvested funds that otherwise were deducted or would be deducted from the line of credit in the participating jurisdiction’s HOME Investment Trust Fund in any calendar year from 2018 through 2025 under that section.
PRESERVATION AND REINVESTMENT INITIATIVE FOR COMMUNITY ENHANCEMENT For competitive grants to preserve and revitalize manufactured housing and eligible manufactured housing communities (including pre-1976 mobile homes) under title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C.

5301 et seq.
), $225,000,000, to remain available until September 30, 2027: Pro- vided, That recipients of grants provided with amounts made avail- able under this heading shall be States, units of general local government, resident-owned manufactured housing communities, cooperatives, nonprofit entities including consortia of nonprofit enti- ties, 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 H. R. 2617—699 U.S.C.
4103)), or other entities approved by the Secretary: Provided further, That the Secretary may reserve an amount for Indian Tribes within such competition: Provided further, That the Secretary may approve entities for selection that partner with one or several residents of such eligible communities or that propose to implement a grant program that would assist residents of such eligible commu- nities: Provided further, That eligible uses of such grants may include infrastructure, planning, resident and community services (including relocation assistance and eviction prevention), resiliency activities, and providing other assistance to residents or owners of manufactured homes, which may include providing assistance for manufactured housing land and site acquisition: Provided fur- ther, 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: Pro- vided further, That when selecting recipients, the Secretary shall prioritize applications that primarily benefit low- or moderately low-income residents and preserve long-term housing affordability for residents of manufactured housing or a manufactured housing community: Provided further, That eligible manufactured housing communities may include those that are— (1) owned by the residents of the manufactured housing community through a resident-controlled entity, as defined by the Secretary; or (2) determined by the Secretary to be subject to binding agreements that will preserve the community and maintain affordability on a long-term basis: Provided further, That, of the amounts made available under this heading, $25,000,000 shall be for a pilot program for the Secretary to provide grants to assist in the redevelopment of manufactured housing communities (including pre-1976 mobile homes) as replace- ment housing that is affordable, as defined by the Secretary: Pro- vided further, That each such redevelopment project shall provide, for each unit
 of single-family manufactured housing (including pre- 1976 mobile homes) replaced under the project, up to 4 dwelling units of such affordable housing: Provided further, That the Sec- retary shall define eligible activities for grant assistance under the pilot program, which may include relocation assistance or buy- outs for residents of a manufactured housing community or down- payment assistance for such residents: Provided further, That the Secretary shall require each grantee under the pilot program to supplement the amount of the grant with non-Federal amounts exceeding 50 percent of the grant: Provided further, That resiliency activities means the reconstruction, repair, or replacement of manu- factured housing and manufactured housing communities to protect the health and safety of manufactured housing residents and to address weatherization and energy efficiency needs, except that for pre-1976 mobile homes, funds made available under this heading may be used only for replacement: Provided further, That the Sec- retary may waive or specify alternative requirements for any provi- sion 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, non- discrimination, labor standards, and the environment), upon a finding that such waiver or alternative requirement is necessary to facilitate the use of such amounts.
H. R. 2617—700 SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM For the Self-Help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C.
12805 note), and for related activities and assistance, $62,500,000, to remain available until September 30, 2025: Provided, That of the sums appropriated under this heading— (1) $13,500,000 shall be available for the Self-Help Home- ownership Opportunity Program as authorized under such sec- tion 11; (2) $42,000,000 shall be available for the second, third, and fourth capacity building entities specified in section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note), of which not less than $5,000,000 shall be for rural capacity building activities: Provided, That for purposes of awarding grants from amounts made available in this paragraph, the Secretary may enter into multiyear agreements, as appropriate, subject to the availability of annual appropriations; (3) $6,000,000 shall be available for capacity building by national rural housing organizations having experience assessing national rural conditions and providing financing, training, technical assistance, information, and research to local nonprofit organizations, local governments, and Indian Tribes serving high need rural communities; and (4) $1,000,000 shall be available for a program to rehabili- tate and modify the homes of disabled or low-income veterans, as authorized under section 1079 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (38 U.S.C.
2101 note): Provided, That the issuance of a Notice of Funding Opportunity for the amounts made available in this paragraph shall be completed not later than 120 days after enactment of this Act and such amounts shall be awarded not later than 180 days after such issuance.

HOMELESS ASSISTANCE GRANTS For assistance under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.

11360 et seq.
11360 et seq.

), and for related activities and assistance, $3,633,000,000, to remain available until September 30, 2025: Provided, That of the sums appropriated under this heading— (1) $290,000,000 shall be available for the Emergency Solu- tions Grants program authorized under subtitle B of such title IV (42 U.S.C.

11371 et seq.
11371 et seq.

): Provided, That the Department shall notify grantees of their formula allocation from amounts allocated (which may represent initial or final amounts allo- cated) for the Emergency Solutions Grant program not later than 60 days after enactment of this Act; (2) $3,154,000,000 shall be available for the Continuum of Care program authorized under subtitle C of such title IV (42 U.S.C.

11381 et seq.)
11381 et seq.)

and the Rural Housing Stability Assistance programs authorized under subtitle D of such title IV (42 U.S.C.
11408): Provided, That the Secretary shall prioritize funding under the Continuum of Care program to continuums of care that have demonstrated a capacity to reallo- cate funding from lower performing projects to higher per- forming projects: Provided further, That the Secretary shall H. R. 2617—701 provide incentives to create projects that coordinate with housing providers and healthcare organizations to provide permanent supportive housing and rapid re-housing services: Provided further, That the Secretary may establish by notice an alternative maximum amount for administrative costs related to the requirements described in sections 402(f)(1) and 402(f)(2) of subtitle A of such title IV or no more than 5 percent or $50,000, whichever is greater, notwithstanding the 3 percent limitation in section 423(a)(10) of such subtitle C: Provided further, That of the amounts made available for the Continuum of Care program under this paragraph, not less than $52,000,000 shall be for grants for new rapid re-housing projects and supportive service projects providing coordinated entry, and for eligible activities that the Secretary determines to be critical in order to assist survivors of domestic violence, dating violence, sexual assault, or stalking: Provided further, That amounts made available for the Continuum of Care pro- gram 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 require- ments of the Continuum of Care program; (3) $7,000,000 shall be available for the national homeless data analysis project: Provided, That notwithstanding the provi- sions of the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C.
6301–6308), the amounts made available under this paragraph and any remaining unobligated balances under this heading for such purposes in prior Acts may be used by the Secretary to enter into cooperative agreements with such entities as may be determined by the Secretary, including public and private organizations, agencies, and institutions; (4) $107,000,000 shall be available to implement projects to demonstrate how a comprehensive approach to serving home- less youth, age 24 and under, in up to 25 communities with a priority for communities with substantial rural populations in up to eight locations, can dramatically reduce youth homelessness: Provided, That of the amount made available under this paragraph, not less than $25,000,000 shall be for youth homelessness system improvement grants to support communities, including but not limited to the communities assisted under the matter preceding this proviso, in establishing and implementing a response system for youth homelessness, or for improving their existing system: Provided further, That of the amount made available under this paragraph, up to $10,000,000 shall be to provide technical assistance to commu- nities, including but not limited to the communities assisted in the preceding proviso and the matter preceding such proviso, on improving system responses to youth homelessness, and collection, analysis, use, and reporting of data and performance measures under the comprehensive approaches to serve home- less youth, in addition to and in coordination with other tech- nical assistance funds provided under this title: Provided fur- ther, That the Secretary may use up to 10 percent of the amount made available under the preceding proviso to build the capacity of current technical assistance providers or to H. R. 2617—702 train new technical assistance providers with verifiable prior experience with systems and programs for youth experiencing homelessness; and (5) $75,000,000 shall be available for one-time awards under the Continuum of Care program for
 new construction, acquisition, or rehabilitation of new permanent supportive housing, of which not more than 20 percent of such awards may be used for other Continuum of Care eligible activities associated with such projects and not more than 10 percent of such awards may be used for project administration: Pro- vided, That these amounts shall be awarded on a competitive basis, based on need and other factors to be determined by the Secretary, including incentives to establish projects that coordinate with housing providers, healthcare organizations and social service providers: Provided further, That not less than $30,000,000 shall be awarded to applicants for projects within States with populations less than 2,500,000, except that if such amount is undersubscribed any remaining amounts may be awarded to qualified applicants for projects in any State: Provided further, That the grants for ongoing costs associated with such projects shall be eligible for renewal under the Con- tinuum of Care program subject to the same terms and condi- tions as other renewal applicants: Provided further, That youth aged 24 and under seeking assistance under this heading shall not be required to provide third party documentation to establish their eligibility under subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302) to receive services: Provided further, That unaccompanied youth aged 24 and under or families headed by youth aged 24 and under who are living in unsafe situations may be served by youth-serving providers funded under this heading: Provided further, That persons eligible under section 103(a)(5) of the McKinney-Vento Homeless Assistance Act may be served by any project funded under this heading to provide both transitional housing and rapid re-housing: Provided further, That for all matching funds requirements applicable to funds made available under this heading for this fiscal year and prior fiscal years, a grantee may use (or could have used) as a source of match funds other funds administered by the Secretary and other Federal agen- cies unless there is (or was) a specific statutory prohibition on any such use of any such funds: Provided further, That none of the funds made available under this heading shall be available to provide funding for new projects, except for projects created through reallocation, unless the Secretary determines that the con- tinuum of care has demonstrated that projects are evaluated and ranked based on the degree to which they improve the continuum of care’s system performance: Provided further, That any unobli- gated 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 pur- poses for which such funds were appropriated: Provided further, That unobligated balances, including recaptures and carryover, remaining from funds transferred to or appropriated under this heading in fiscal year 2019 or prior years, except for rental assist- ance amounts that were recaptured and made available until expended, shall be available for the current purposes authorized H. R. 2617—703 under this heading in addition to the purposes for which such funds originally were appropriated.
HOUSING PROGRAMS PROJECT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.

1437 et seq.)
(‘‘the Act’’), not otherwise provided for, $13,537,580,000, to remain available until expended, shall be avail- able on October 1, 2022 (in addition to the $400,000,000 previously appropriated under this heading that became available October 1, 2022), and $400,000,000, to remain available until expended, shall be available on October 1, 2023: Provided, That the amounts made available under this heading shall be available for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to section 8 project-based subsidy contracts (including section 8 mod- erate rehabilitation contracts), for contracts entered into pursuant to section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that are subject to approved plans of action under the Emergency Low Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeowner- ship Act of 1990, and for administrative and other expenses associ- ated with project-based activities and assistance funded under this heading: Provided further, That of the total amounts provided under this heading, not to exceed $343,000,000 shall be available for performance-based contract administrators for section 8 project- based assistance, for carrying out 42 U.S.C.
1437(f): Provided fur- ther, That the Secretary may also use such amounts in the preceding proviso for performance-based contract administrators for the administration of: interest reduction payments pursuant to section 236(a) of the National Housing Act (12 U.S.C.

1715z–1(a)); rent supplement payments pursuant to section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.

1701s); section 236(f)(2) rental assistance payments (12 U.S.C.
1715z–1(f)(2)); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C.

1701q); project rental assistance contracts for supportive housing for persons with disabilities under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.

8013(d)(2)); project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 (Public Law 86–372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public Law 86–372; 73 Stat.
667): Provided further, That amounts recaptured under this heading, the heading ‘‘Annual Contributions for Assisted Housing’’, or the heading ‘‘Housing Certificate Fund’’, may be used for renewals of or amend- ments to section 8 project-based contracts or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated: Provided further, That, notwith- standing any other provision of law, upon the request of the Sec- retary, project funds that are held in residual receipts accounts for any project subject to a section 8 project-based Housing Assist- ance Payments contract that authorizes the Department or a housing finance agency to require that surplus project funds be H. R. 2617—704 deposited in an interest-bearing residual receipts account and that are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to be available until expended: Provided further, That amounts deposited pursuant to the preceding proviso shall be available in addition to the amount otherwise provided by this heading for uses authorized under this heading.
HOUSING FOR THE ELDERLY For capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959 (12 U.S.C.
1701q), for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 5- year term, for senior preservation rental assistance contracts, including renewals, as authorized by section 811(e) of the American Homeownership and Economic Opportunity Act of 2000 (12 U.S.C.
1701q note), and for supportive services associated with the housing, $1,075,000,000 to remain available until September 30, 2026: Pro- vided, That of the amount made available under this heading, up to $120,000,000 shall be for service coordinators and the continu- ation of existing congregate service grants for residents of assisted housing projects: Provided further, That any funding for existing service coordinators under the preceding proviso shall be provided within 120 days of enactment of this Act: Provided further, That amounts made available under this heading shall be available for Real Estate Assessment Center inspections and inspection-related activities associated with section 202 projects: Provided further, That the Secretary may waive the provisions of section 202 gov- erning the terms and conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration: Provided further, That upon request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 202 project rental assistance contract, and that upon termination of such contract are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to remain avail- able until September 30, 2026: Provided further, That amounts deposited in this account pursuant to the preceding proviso shall be available, in addition to the amounts otherwise provided by this heading, for the purposes authorized under this heading: Pro- vided further, That unobligated balances, including recaptures and carryover, remaining from funds transferred to or appropriated under this heading shall be available for the current purposes authorized under this heading in addition to the purposes for which such funds originally were appropriated: Provided further, That of the total amount made available under this heading, up to $25,000,000 shall be used to expand the supply of intergenerational dwelling units (as such term is defined in section 202 of the Legacy Act of 2003 (12 U.S.C.
1701q note)) for elderly caregivers raising children: Provided further, That for the purposes of the preceding proviso the Secretary may waive, or specify alternative require- ments for, any provision of section 202 of the Housing Act of 1959 (12 U.S.C.
1701q) in order to facilitate the development of H. R. 2617—705 such units, except for requirements related to fair housing, non- discrimination, labor standards, and the environment: Provided further, That of the total amount made available under this heading, up to $6,000,000 shall be used by the Secretary to support preserva- tion transactions of housing for the elderly originally developed with a capital advance and assisted by a project rental assistance contract under the provisions of section 202(c) of the Housing Act of 1959.
HOUSING FOR PERSONS WITH DISABILITIES For capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Afford- able Housing Act (42 U.S.C.
8013), for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Act, for project assistance contracts pursuant to subsection (h) of section 202 of the Housing Act of 1959, as added by section 205(a) of the Housing and Community Develop- ment Amendments of 1978 (Public Law 95–557: 92 Stat.
2090), including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 5-year term, for project rental assistance to State housing finance agencies and other appropriate entities as authorized under section 811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, $360,000,000, to remain available until September 30, 2026: Pro- vided, That amounts made available under this heading shall be available for Real Estate Assessment Center inspections and inspec- tion-related activities associated with section 811 projects: Provided further, That, upon the request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 811 project rental assistance contract, and that upon termination of such contract are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to remain available until September 30, 2026: Provided further, That amounts deposited in this account pursuant to the preceding proviso shall be available in addition to the amounts otherwise provided by this heading for the purposes authorized under this heading: Provided further, That unobligated balances, including recaptures and carryover, remaining from funds transferred to or appropriated under this heading shall be used for the current purposes authorized under this heading in addition to the purposes for which such funds originally were appropriated.
HOUSING COUNSELING ASSISTANCE For contracts, grants, and other assistance excluding loans, as authorized under section 106 of the Housing and Urban Develop- ment Act of 1968, as amended, $57,500,000, to remain available until September 30, 2024, including up to $4,500,000 for administra- tive contract services: Provided, That funds shall be used for pro- viding counseling and advice to tenants and homeowners, both current and prospective, with respect to property maintenance, financial management or literacy, and such other matters as may be appropriate to assist them in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities H. R. 2617—706 of tenancy or homeownership; for program administration; and for housing counselor training: Provided further, That for purposes of awarding grants from amounts provided under this heading, the Secretary may enter into multiyear agreements, as appropriate, subject to the availability of annual appropriations.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND For necessary expenses as authorized by the National Manufac- tured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.

5401 et seq.

), up to $14,000,000, to remain available until expended, of which $14,000,000 shall be derived from the Manufac- tured Housing Fees Trust Fund (established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount appropriated under this heading shall be available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund pursuant to section 620 of such Act: Provided further, That the amount made available under this heading from the general fund shall be reduced as such collections are received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation from the general fund estimated at zero, and fees pursuant to such section 620 shall be modified as necessary to ensure such a final fiscal year 2023 appropriation: Provided further, That for the dispute resolution and installation programs, the Secretary may assess and collect fees from any pro- gram participant: Provided further, That such collections shall be deposited into the Trust Fund, and the Secretary, as provided herein, may use such collections, as well as fees collected under section 620 of such Act, for necessary expenses of such Act: Provided further, That, notwithstanding the requirements of section 620 of such Act, the Secretary may carry out responsibilities of the Sec- retary under such Act through the use of approved service providers that are paid directly by the recipients of their services.
FEDERAL HOUSING ADMINISTRATION MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT New commitments to guarantee single family loans insured under the Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to remain available until September 30, 2024: Provided, That during fiscal year 2023, obligations to make direct loans to carry out the purposes of section 204(g) of the National Housing Act, as amended, shall not exceed $1,000,000: Provided further, That the foregoing amount in the preceding proviso shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the Mutual Mortgage Insurance Fund: Provided further, That for administrative contract expenses of the Federal Housing Administration, $150,000,000, to remain available until September 30, 2024: Provided further, That to the extent guaranteed loan commitments exceed $200,000,000,000 on or before April 1, 2023, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000: Provided further, That H. R. 2617—707 notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act (12 U.S.C.
1715z–20(g)), during fiscal year 2023 the Secretary may insure and enter into new commit- ments to insure mortgages under section 255 of the National Housing Act only to the extent that the net credit subsidy cost for such insurance does not exceed zero.

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT New commitments to guarantee loans insured under the Gen- eral and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z–3 and 1735c), shall not exceed $35,000,000,000 in total loan principal, any part of which is to be guaranteed, to remain available until September 30, 2024: Provided, That during fiscal year 2023, gross obligations for the principal amount of direct loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed $1,000,000, which shall be for loans to non- profit and governmental entities in connection with the sale of single family real properties owned by the Secretary and formerly insured under such Act.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $900,000,000,000, to remain available until September 30, 2024: Provided, That $40,400,000, to remain available until September 30, 2024, shall be for necessary salaries and expenses of the Government National Mortgage Association: Provided further, That to the extent that guaranteed loan commit- ments exceed $155,000,000,000 on or before April 1, 2023, an addi- tional $100 for necessary salaries and expenses shall be available until expended for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $3,000,000: Provided further, That receipts from Commitment and Multiclass fees collected pursuant to title III of the National Housing Act (12 U.S.C.
1716 et seq.)

shall be credited as offsetting collections to this account.

POLICY DEVELOPMENT AND RESEARCH RESEARCH AND TECHNOLOGY For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 (12 U.S.C.

1701z–1 et seq.
1701z–1 et seq.

), including carrying out the functions of the Secretary of Housing and Urban Development under section 1(a)(1)(i) of Reorganization Plan No.
2 of 1968, and for technical assistance, $125,400,000, to remain available until September 30, 2024: Provided, That with respect to amounts made available under this heading, notwith- standing section 203 of this title, the Secretary may enter into H. R. 2617—708 cooperative agreements with philanthropic entities, other Federal agencies, State or local governments and their agencies, Indian Tribes, tribally designated housing entities, or colleges or univer- sities for research projects: Provided further, That with respect to the preceding proviso, such partners to the cooperative agree- ments shall contribute at least a 50 percent match toward the cost of the project: Provided further, That for non-competitive agree- ments entered into in accordance with the preceding two provisos, the Secretary shall comply with section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109– 282, 31 U.S.C.
note) in lieu of compliance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C.
3545(a)(4)(C)) with respect to documentation of award decisions: Provided further, That prior to obligation of technical assistance funding, the Secretary shall submit a plan to the House and Senate Committees on Appropriations on how the Secretary will allocate funding for this activity at least 30 days prior to obligation: Provided further, That none of the funds provided under this heading may be available for the doctoral dissertation research grant program: Provided further, That an additional $20,000,000, to remain available until September 30, 2025, shall be for competitive grants to nonprofit or governmental entities to provide legal assistance (including assistance related to pretrial activities, trial activities, post-trial activities and alter- native dispute resolution) at no cost to eligible low-income tenants at risk of or subject to eviction: Provided further, That in awarding grants under the preceding proviso, the Secretary shall give pref- erence to applicants that include a marketing strategy for residents of areas with high rates of eviction, have experience providing no-cost legal assistance to low-income individuals, including those with limited English proficiency or disabilities, and have sufficient capacity to administer such assistance: Provided further, That the Secretary shall ensure, to the extent practicable, that the proportion of eligible tenants living in rural areas who will receive legal assistance with grant funds made available under this heading is not less than the overall proportion of eligible tenants who live in rural areas.
FAIR HOUSING AND EQUAL OPPORTUNITY FAIR HOUSING ACTIVITIES For contracts, grants, and other assistance, not otherwise pro- vided for, as authorized by title VIII of the Civil Rights Act of 1968 (42 U.S.C.

3601 et seq.

), and section 561 of the Housing and Community Development Act of 1987 (42 U.S.C.
3616a), $86,355,000, to remain available until September 30, 2024: Pro- vided, That notwithstanding section 3302 of title 31, United States Code, the Secretary may assess and collect fees to cover the costs of the Fair Housing Training Academy, and may use such funds to develop on-line courses and provide such training: Provided fur- ther, That none of the funds made available under this heading may be used to lobby the executive or legislative branches of the Federal Government in connection with a specific contract, grant, or loan: Provided further, That of the funds made available under this heading, $1,355,000 shall be available to the Secretary for H. R. 2617—709 the creation and promotion of translated materials and other pro- grams that support the assistance of persons with limited English proficiency in utilizing the services provided by the Department of Housing and Urban Development.
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES LEAD HAZARD REDUCTION (INCLUDING TRANSFER OF FUNDS) For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.

4852), the Healthy Homes Initiative, pursu- ant to sections 501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z–1 and 1701z–2), and for related activities and assistance, $410,000,000, to remain available until September 30, 2025: Provided, That the amounts made available under this heading are provided as follows: (1) $290,000,000 shall be for the award of grants pursuant to such section 1011, of which not less than $95,000,000 shall be provided to areas with the highest lead-based paint abate- ment needs; (2) $85,000,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970, which shall include research, studies, testing, and demonstration efforts, including education and out- reach concerning lead-based paint poisoning and other housing- related diseases and hazards, and mitigating housing-related health and safety hazards in housing of low-income families, of which— (A) $5,000,000 shall be for the implementation of projects in up to five communities that are served by both the Healthy Homes Initiative and the Department of Energy weatherization programs to demonstrate whether the coordination of Healthy Homes remediation activities with weatherization activities achieves cost savings and better outcomes in improving the safety and quality of homes; and (B) $30,000,000 shall be for grants to experienced non- profit organizations, States, local governments, or public housing agencies for safety and functional home modifica- tion repairs and renovations to meet the needs of low- income seniors to enable them to remain in their primary
 residence: Provided, That of the total amount made avail- able under this subparagraph no less than $10,000,000 shall be available to meet such needs in communities with substantial rural populations; (3) $5,000,000 shall be for the award of grants and contracts for research pursuant to sections 1051 and 1052 of the Residen- tial Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
4854, 4854a); (4) Up to $2,000,000 in total of the amounts made available under paragraphs (2) and (3) may be transferred to the heading ‘‘Research and Technology’’ for the purposes of conducting research and studies and for use in accordance with the provisos under that heading for non-competitive agreements; H. R. 2617—710 (5) $25,000,000 shall be for a lead-risk assessment dem- onstration for public housing agencies to conduct lead hazard screenings or lead-risk assessments during housing quality standards inspections of units in which a family receiving assistance under section 8(o) of the U.S. Housing Act of 1937 (42 U.S.C.
1437f(o)) resides or expects to reside, and has or expects to have a child under age 6 residing in the unit, while preserving rental housing availability and affordability; and (6) $5,000,000 shall be for grants for a radon testing and mitigation safety demonstration program (the radon demonstra- tion) in public housing: Provided, That the testing method, mitigation method, or action level used under the radon dem- onstration shall be as specified by applicable State or local law, if such law is more protective of human health or the environment than the method or level specified by the Sec- retary: Provided further, That for purposes of environmental review, pursu- ant to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.)
and other provisions of law that further the purposes of such Act, a grant under the Healthy Homes Initiative, or the Lead Technical Studies program, or other demonstrations or pro- grams under this heading or under prior appropriations Acts for such purposes under this heading, or under the heading ‘‘Housing for the Elderly’’ under prior Appropriations Acts, shall be considered to be funds for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994: Provided further, That each applicant for a grant or coopera- tive agreement under this heading shall certify adequate capacity that is acceptable to the Secretary to carry out the proposed use of funds pursuant to a notice of funding opportunity: Provided further, That amounts made available under this heading, except for amounts in paragraph (2)(B) for home modification repairs and renovations, in this or prior appropriations Acts, still remaining available, may be used for any purpose under this heading notwith- standing the purpose for which such amounts were appropriated if a program competition is undersubscribed and there are other program competitions under this heading that are oversubscribed.
INFORMATION TECHNOLOGY FUND For Department-wide and program-specific information tech- nology systems and infrastructure, $374,750,000, to remain avail- able until September 30, 2025, of which up to $23,950,000 shall be for development, modernization, and enhancement projects, including planning for such projects: Provided, That not more than 10 percent of the funds made available under this heading for development, modernization, and enhancement may be obligated until the Secretary submits and the House and Senate Committees on Appropriations approve a plan that— (1) identifies for each development, modernization, and enhancement project to be funded from available balances, including carryover— (A) plain language summaries of the project scope; (B) the estimated total project cost; and (C) key milestones to be met; and (2) identifies for each major modernization project— H. R. 2617—711 (A) the functional and performance capabilities to be delivered and the mission benefits to be realized; (B) the estimated life-cycle cost; (C) key milestones to be met through the project end date, including any identified system decommissioning; (D) a description of the procurement strategy and governance structure for the project and the number of HUD staff and contractors supporting the project; and (E) certification from the Chief Information Officer that each project is compliant with the Department’s enterprise architecture, life-cycle management and capital planning and investment control requirements: Provided further,
 That not later than 30 days after the end of each quarter, the Secretary shall submit an updated report to the Committees on Appropriations of the House of Representatives and the Senate summarizing the status, cost and plan for all modernization projects; and for each major modernization project with an approved project plan, identifying— (1) results and actual expenditures of the prior quarter; (2) any variances in cost, schedule (including procurement), or functionality from the previously approved project plan, rea- sons for such variances and estimated impact on total life- cycle costs; and (3) risks and mitigation strategies associated with ongoing work.
OFFICE OF INSPECTOR GENERAL For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $146,000,000: Provided, That the Inspector General shall have independent authority over all personnel issues within this office.

GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (INCLUDING TRANSFER OF FUNDS) (INCLUDING RESCISSION) SEC.

201.
201.

Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C.
1437f note) shall be rescinded or in the case of cash, shall be remitted to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sen- tence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate.

H. R. 2617—712 SEC.

202.


None of the funds made available by this Act may be used during fiscal year 2023 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction.

SEC.

203.
SEC.

203.

Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Develop- ment Reform Act of 1989 (42 U.S.C.

3545).

SEC.

204.
Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal serv- ices on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Associa- tion, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C.
1811–1).

SEC.

205.

Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress.

SEC.

206.
Corporations and agencies of the Department of Housing and Urban Development which are subject to the Govern- ment Corporation Control Act are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2023 for such corporation or agency except as hereinafter provided: Provided, That collections of these corpora- tions and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage pur- chases are necessary to protect the financial interest of the United States Government.
SEC.

207.

The Secretary shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request.

SEC.

208.
SEC.

208.

None of the funds made available by this title may be used for an audit of the Government National Mortgage Associa- tion that makes applicable requirements under the Federal Credit Reform Act of 1990 (2 U.S.C.

661 et seq.).

H. R. 2617—713 SEC.

209.
209.

(a) Notwithstanding any other provision of law, sub- ject to the conditions listed under this section, for fiscal years 2023 and 2024, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with one or more multifamily housing project or projects to another multifamily housing project or projects.
(b) PHASED TRANSFERS.—Transfers of project-based assistance under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or con- structing the project or projects to which the assistance is trans- ferred, to ensure that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the following conditions: (1) NUMBER AND BEDROOM SIZE OF UNITS.— (A) For occupied units in the transferring project: The number of low-income and very low-income units and the configuration (i.e., bedroom size) provided by the transfer- ring project shall be no less than when transferred to the receiving project or projects and the net dollar amount of Federal assistance provided to the transferring project shall remain the same in the receiving project or projects.
(B) For unoccupied units in the transferring project: The Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and pro- vided there is no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically non- viable, or be reasonably expected to become economically non- viable when complying with State or Federal requirements for community integration and reduced concentration of individ- uals with disabilities.

(3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials.

(5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the best interest of the tenants.
(7) If either the transferring project or the receiving project or projects meets the condition specified in subsection (d)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is H. R. 2617—714 necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of subsection (d)(2), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions.

(9) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that appropriations are provided in advance for the amount of any such increased cost.
(d) For purposes of this section— (1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall have the meanings provided by the statute and/or regulations governing the program under which the project is insured or assisted; (2) the term ‘‘multifamily housing project’’ means housing that meets one of the following conditions— (A) housing that is subject to a mortgage insured under the National Housing Act; (B) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act; (C) housing that is assisted under section 202 of the Housing Act of 1959 (12 U.S.C.
1701q); (D) housing that is assisted under section 202 of the Housing Act of 1959 (12 U.S.C.

1701q), as such section existed before the enactment of the Cranston-Gonzales National Affordable Housing Act; (E) housing that is assisted under section 811 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C.
8013); or (F) housing or vacant land that is subject to a use agreement; (3) the term ‘‘project-based assistance’’ means— (A) assistance provided under section 8(b) of the United States Housing Act of 1937 (42 U.S.C.
1437f(b)); (B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983); (C) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.

1701s); (D) interest reduction payments under section 236 and/ or additional assistance payments under section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z–1); (E) assistance payments made under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C.

1701q(c)(2)); and (F) assistance payments made under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)); H. R. 2617—715 (4) the term ‘‘receiving project or projects’’ means the multi- family housing project or projects to which some or all of the project-based assistance, debt, and statutorily required low- income and very low-income use restrictions are to be trans- ferred; (5) the term ‘‘transferring project’’ means the multifamily housing project which is transferring some or all of the project- based assistance, debt, and the statutorily required low-income and very low-income use restrictions to the receiving project or projects; and (6) the term ‘‘Secretary’’ means the Secretary of Housing and Urban Development.
(e) RESEARCH REPORT.—The Secretary shall conduct an evalua- tion of the transfer authority under this section, including the effect of such transfers on the operational efficiency, contract rents, physical and financial conditions, and long-term preservation of the affected properties.

SEC.

210.

(a) No assistance shall be provided under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) to any individual who— (1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 (20 U.S.C.

1002)); (2) is under 24 years of age; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(3)(E)) and was not receiving assistance under such section 8 as of November 30, 2005; (7) is not a youth who left foster care at age 14 or older and is at risk of becoming homeless; and (8) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assist- ance under section 8 of the United States Housing Act of 1937 (42 U.S.C.

1437f).
1437f).

(b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C.

1437f), any financial assistance (in excess of amounts received for tuition and any other required fees and charges) that an individual receives under the Higher Education Act of 1965 (20 U.S.C.

1001 et seq.
1001 et seq.

), from private sources, or from an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 (20 U.S.C.

1002)), shall be considered income to that individual, except for a person over the age of 23 with dependent children.

SEC.

211.
SEC.

211.

The funds made available for Native Alaskans under paragraph (1) under the heading ‘‘Native American Programs’’ in title II of this Act shall be allocated to the same Native Alaskan housing block grant recipients that received funds in fiscal year 2005, and only such recipients shall be eligible to apply for funds made available under paragraph (2) of such heading.

SEC.

212.
SEC.

212.

Notwithstanding any other provision of law, in fiscal year 2023, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, and during the process of foreclosure H. R. 2617—716 on any property with a contract for rental assistance payments under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or any other Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property.
To the extent the Secretary determines, in consultation with the tenants and the local government that such a multifamily property owned or having a mortgage held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and oper- ating 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) environ- mental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance.
The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other available remedies, such as partial abatements or receivership.
After disposi- tion of any multifamily property described in this section, the con- tract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA.

SEC.

213.
SEC.

213.

Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary in connec- tion with the operating fund rule: Provided, That an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula shall not be exempt from asset management require- ments.

SEC.

214.
SEC.

214.

With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement, and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d),(e)), the Secretary shall not impose any requirement or guideline relating to asset management that restricts or limits in any way the use of capital funds for central office costs pursuant to paragraph (1) or (2) of section 9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(1), (2)): Provided, That a public housing agency may not use capital funds authorized under section 9(d) for activities that are eligible under section 9(e) for assistance with amounts from the operating fund in excess of the amounts permitted under paragraph (1) or (2) of section 9(g).

SEC.

215.
SEC.

215.

No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control proce- dures and directives.
The Chief Financial Officer shall ensure that there is a trained allotment holder for each HUD appropriation under the accounts ‘‘Executive Offices’’, ‘‘Administrative Support H. R. 2617—717 ‘‘Program Offices’’, Offices’’, ‘‘Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guar- antee Program Account’’, and ‘‘Office of Inspector General’’ within the Department of Housing and Urban Development.

SEC.

216.
SEC.

216.

The Secretary shall, for fiscal year 2023, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assist- ance or notice of funding opportunity (NOFO) for any program or discretionary fund administered by the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year 2023, the Secretary may make the NOFO avail- able only on the Internet at the appropriate Government website or through other electronic media, as determined by the Secretary.

SEC.

217.

Payment of attorney fees in program-related litigation shall be paid from the individual program office and Office of General Counsel salaries and expenses appropriations.

SEC.

218.
The Secretary is authorized to transfer up to 10 percent or $5,000,000, whichever is less, of funds appropriated for any office under the headings ‘‘Administrative Support Offices’’ or ‘‘Program Offices’’ to any other such office under such headings: Provided, That no appropriation for any such office under such headings shall be increased or decreased by more than 10 percent or $5,000,000, whichever is less, without prior written approval of the House and Senate Committees on Appropriations: Provided further, That the Secretary shall provide notification to such Committees 3 business days in advance of any such transfers under this section up to 10 percent or $5,000,000, whichever is less.
SEC.

219.

(a) Any entity receiving housing assistance payments shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, and comply with any standards under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of any property covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a multifamily housing project with a contract under section 8 of the United States Housing Act of 1937 (42 U.S.C.

1437f) or a contract for similar project-based assistance— (1) receives a Uniform Physical Condition Standards (UPCS) score of 59 or less; or (2) fails to certify in writing to the Secretary within 3 days that all Exigent Health and Safety deficiencies identified by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the United States Housing Act of 1937 (42 U.S.C.

1437f), but shall not apply to such units assisted under section 8(o)(13) of such Act (42 U.S.C.

1437f(o)(13)) or to public housing units assisted with capital or operating funds under section 9 of the United States Housing Act of 1937 (42 U.S.C.

1437g).
1437g).

(c)(1) Within 15 days of the issuance of the Real Estate Assess- ment Center (‘‘REAC’’) inspection, the Secretary shall provide the owner with a Notice of Default with a specified timetable, deter- mined by the Secretary, for correcting all deficiencies.

The Secretary shall provide a copy of the Notice of Default to the tenants, the local government, any mortgagees, and any contract administrator.
If the owner’s appeal results in a UPCS score of 60 or above, the Secretary may withdraw the Notice of Default.
H. R. 2617—718 (2) At the end of the time period for correcting all deficiencies specified in the Notice of Default, if the owner fails to fully correct such deficiencies, the Secretary may— (A) require immediate replacement of project management with a management agent approved by the Secretary; (B) impose civil money penalties, which shall be used solely for the purpose of supporting safe and sanitary conditions at applicable properties, as designated by the Secretary, with pri- ority given to the tenants of the property affected by the pen- alty; (C) abate the section 8 contract, including partial abate- ment, as determined by the Secretary, until all deficiencies have been corrected; (D) pursue transfer of the project to an owner, approved by the Secretary under established procedures, who will be obligated to promptly make all required repairs and to accept renewal of the assistance contract if such renewal is offered; (E) transfer the existing section 8 contract to another project or projects and owner or owners; (F) pursue exclusionary sanctions, including suspensions or debarments from Federal programs; (G) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies; (H) work with the owner, lender, or other related party to stabilize the property in an attempt to preserve the property through compliance, transfer of ownership, or an infusion of capital provided by a third-party that requires time to effec- tuate; or (I) take any other regulatory or contractual remedies avail- able as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety after written notice to the affected tenants.
To the extent the Secretary determines, in con- sultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of— (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (‘‘MAHRAA’’); and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may contract for project- based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance.
(e) The Secretary shall report semi-annually on all properties covered by this section that are assessed through the Real Estate Assessment Center and have UPCS physical inspection scores of less than 60 or have received an unsatisfactory management and occupancy review within the past 36 months.
The report shall include— H. R. 2617—719 (1) identification of the enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identification of properties that have such conditions multiple times; (2) identification of actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties; and (3) any administrative or legislative recommendations to further improve the living conditions at properties covered under a housing assistance payment contract.
The first report shall be submitted to the Senate and House Committees on Appropriations not later than 30 days after the enactment of this Act, and the second report shall be submitted within 180 days of the transmittal of the first report.

SEC.

220.

None of the funds made available by this Act, or any other Act, for purposes authorized under section 8 (only with respect to the tenant-based rental assistance program) and section 9 of the United States Housing Act of 1937 (42 U.S.C.

1437 et seq.
1437 et seq.

), may be used by any public housing agency for any amount of salary, including bonuses, for the chief executive officer of which, or any other official or employee of which, that exceeds the annual rate of basic pay payable for a position at level IV of the Executive Schedule at any time during any public housing agency fiscal year 2023.

SEC.

221.
None of the funds made available by this Act and provided to the Department of Housing and Urban Development may be used to make a grant award unless the Secretary notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project, State, locality, housing authority, Tribe, nonprofit organization, or other entity selected to receive a grant award is announced by the Department or its offices: Provided, That such notification shall list each grant award by State and congressional district.
SEC.

222.

None of the funds made available in this Act shall be used by the Federal Housing Administration, the Government National Mortgage Association, or the Department of Housing and Urban Development to insure, securitize, or establish a Federal guarantee of any mortgage or mortgage backed security that refinances or otherwise replaces a mortgage that has been subject to eminent domain condemnation or seizure, by a State, munici- pality, or any other political subdivision of a State.

SEC.

223.
SEC.

223.

None of the funds made available by this Act may be used to terminate the status of a unit of general local government as a metropolitan city (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C.

5302)) with respect to grants under section 106 of such Act (42 U.S.C.

5306).

SEC.

224.
Amounts made available by this Act that are appro- priated, allocated, advanced on a reimbursable basis, or transferred to the Office of Policy Development and Research of the Department of Housing and Urban Development and functions thereof, for research, evaluation, or statistical purposes, and that are unex- pended at the time of completion of a contract, grant, or cooperative agreement, may be deobligated and shall immediately become avail- able and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which the amounts are made available to that Office subject to reprogramming requirements in section 405 of this Act.
H. R. 2617—720 SEC.

225.

None of the funds provided in this Act or any other Act may be used for awards, including performance, special act, or spot, for any employee of the Department of Housing and Urban Development subject to administrative discipline (including suspen- sion from work), in this fiscal year, but this prohibition shall not be effective prior to the effective date of any such administrative discipline or after any final decision over-turning such discipline.

SEC.

226.
SEC.

226.

With respect to grant amounts awarded under the heading ‘‘Homeless Assistance Grants’’ for fiscal years 2015 through 2023 for the Continuum of Care (CoC) program as authorized under subtitle C of title IV of the McKinney-Vento Homeless Assist- ance Act, costs paid by program income of grant recipients may count toward meeting the recipient’s matching requirements, pro- vided the costs are eligible CoC costs that supplement the recipient’s CoC program.

SEC.

227.
SEC.

227.

(a) From amounts made available under this title under the heading ‘‘Homeless Assistance Grants’’, the Secretary may award 1-year transition grants to recipients of funds for activi- ties under subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.

11381 et seq.)

to transition from one Continuum of Care program component to another.
(b) In order to be eligible to receive a transition grant, the funding recipient must have the consent of the continuum of care and meet standards determined by the Secretary.

SEC.

228.

The Promise Zone designations and Promise Zone Designation Agreements entered into pursuant to such designations, made by the Secretary in prior fiscal years, shall remain in effect in accordance with the terms and conditions of such agreements.

SEC.

229.
SEC.

229.

None of the amounts made available in this Act may be used to consider Family Self-Sufficiency performance meas- ures or performance scores in determining funding awards for pro- grams receiving Family Self-Sufficiency program coordinator funding provided in this Act.

SEC.

230.

Any public housing agency designated as a Moving to Work agency pursuant to section 239 of division L of Public Law 114–113 (42 U.S.C.

1437f note; 129 Stat.
2897) may, upon such designation, use funds (except for special purpose funding, including special purpose vouchers) previously allocated to any such public housing agency under section 8 or 9 of the United States Housing Act of 1937, including any reserve funds held by the public housing agency or funds held by the Department of Housing and Urban Development, pursuant to the authority for use of section 8 or 9 funding provided under such section and section 204 of title II of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 (Public Law 104–134; 110 Stat.
1321–28), notwithstanding the purposes for which such funds were appropriated.

SEC.

231.
None of the amounts made available by this Act may be used to prohibit any public housing agency under receiver- ship or the direction of a Federal monitor from applying for, receiving, or using funds made available under the heading ‘‘Public Housing Fund’’ for competitive grants to evaluate and reduce lead- based paint hazards in this Act or that remain available and not awarded from prior Acts, or be used to prohibit a public housing agency from using such funds to carry out any required work pursuant to a settlement agreement, consent decree, voluntary H. R. 2617—721 agreement, or similar document for a violation of the Lead Safe Housing or Lead Disclosure Rules.
SEC.

232.

None of the funds made available by this title may be used to issue rules or guidance in contravention of section 1210 of Public Law 115–254 (132 Stat.

3442) or section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5155).

SEC.

233.
5155).

SEC.

233.

Funds previously made available in the Consolidated Appropriations Act, 2016 (Public Law 114–113) for the ‘‘Choice Neighborhoods Initiative’’ that were available for obligation through fiscal year 2018 are to remain available through fiscal year 2024 for the liquidation of valid obligations incurred in fiscal years 2016 through 2018.

SEC.

234.
SEC.

234.

None of the funds made available by this Act may be used by the Department of Housing and Urban Development to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled ‘‘Affirmatively Furthering Fair Housing’’ (80 Fed.

Reg.

42272 (July 16, 2015)) or the notice entitled ‘‘Affirmatively Furthering Fair Housing Assessment Tool’’ (79 Fed.

Reg.

57949 (September 26, 2014)).

SEC.

235.
For fiscal year 2023, if the Secretary determines or has determined, for any prior formula grant allocation adminis- tered by the Secretary through the Offices of Public and Indian Housing, Community Planning and Development, or Housing, that a recipient received an allocation greater than the amount such recipient should have received for a formula allocation cycle pursu- ant to applicable statutes and regulations, the Secretary may adjust for any such funding error in the next applicable formula allocation cycle by (a) offsetting each such recipient’s formula allocation (if eligible for a formula allocation in the next applicable formula allocation cycle) by the amount of any such funding error, and (b) reallocating any available balances that are attributable to the offset to the recipient or recipients that would have been allo- cated additional funds in the formula allocation cycle in which any such error occurred (if such recipient or recipients are eligible for a formula allocation in the next applicable formula allocation cycle) in an amount proportionate to such recipient’s eligibility under the next applicable formula allocation cycle: Provided, That all offsets and reallocations from such available balances shall be recorded against funds available for the next applicable formula allocation cycle: Provided further, That the term ‘‘next applicable formula allocation cycle’’ means the first formula allocation cycle for a program that is reasonably available for correction following such a Secretarial determination: Provided further, That if, upon request by a recipient and giving consideration to all Federal resources available to the recipient for the same grant purposes, the Secretary determines that the offset in the next applicable formula allocation cycle would critically impair the recipient’s ability to accomplish the purpose of the formula grant, the Secretary may adjust for the funding error across two or more formula alloca- tion cycles.
SEC.

236.

The Multifamily Assisted Housing Reform and Afford- ability Act of 1997 (42 U.S.C.
1437f note) is amended— (a) in section 515, by adding at the end the following new subsection: ‘‘(d) RENT ADJUSTMENTS AND SUBSEQUENT RENEWALS.—After the initial renewal of a section 8 contract pursuant to this section H. R. 2617—722 and notwithstanding any other provision of law or contract regarding the adjustment of rents or subsequent renewal of such contract for a project, including such a provision in section 514 or this section, in the case of a project subject to any restrictions imposed pursuant to sections 514 or this section, the Secretary may, not more often than once every 10 years, adjust such rents or renew such contracts at rent levels that are equal to the lesser of budget-based rents or comparable market rents for the market area upon the request of an owner or purchaser who— ‘‘(1) demonstrates that— ‘‘(A) project income is insufficient to operate and main- tain the project, and no rehabilitation is currently needed, as determined by the Secretary; or ‘‘(B) the rent adjustment or renewal contract is nec- essary to support commercially reasonable financing (including any required debt service coverage and replace- ment reserve) for rehabilitation necessary to ensure the long-term sustainability of the project, as determined by the Secretary, and in the event the owner or purchaser fails to implement the rehabilitation as required by the Secretary, the Secretary may take such action against the owner or purchaser as allowed by law; and ‘‘(2) agrees to— ‘‘(A) extend the affordability and use
 restrictions required under 514(e)(6) for an additional twenty years; and ‘‘(B) enter into a binding commitment to continue to renew such contract for and during such extended term, provided that after the affordability and use restrictions required under 514(e)(6) have been maintained for a term of 30 years: ‘‘(i) an owner with a contract for which rent levels were set at the time of its initial renewal under section 514(g)(2) shall request that the Secretary renew such contract under section 524 for and during such extended term; and ‘‘(ii) an owner with a contract for which rent levels were set at the time of its initial renewal under section 514(g)(1) may request that the Secretary renew such contract under section 524 for and during such extended term.’’; and (b) in section 579, by striking ‘‘October 1, 2022’’ each place it appears and inserting in lieu thereof ‘‘October 1, 2027’’.
SEC.

237.
The Secretary may transfer from amounts made available for salaries and expenses under this title (excluding amounts made available under the heading ‘‘Office of Inspector General’’) up to $500,000 from each office to the heading ‘‘Informa- tion Technology Fund’’ for information technology needs, including for additional development, modernization, and enhancement, to remain available until September 30, 2025: Provided, That the total amount of such transfers shall not exceed $5,000,000: Provided further, That this transfer authority shall not be used to fund information technology projects or activities that have known out- year development, modernization, or enhancement costs in excess of $500,000: Provided further, That the Secretary shall provide notification to the House and Senate Committees on Appropriations no less than three business days in advance of any such transfer.
H. R. 2617—723 SEC.

238.

Funds previously made available in the Consolidated Appropriations Act, 2019 (Public Law 116–6) for ‘‘Lead Hazard Reduction’’ that were available for obligation through fiscal year 2020 are to remain available through fiscal year 2027 for the liquidation of valid obligations incurred in fiscal years 2019 through 2020.

SEC.

239.
SEC.

239.

The Secretary shall comply with all process require- ments, including public notice and comment, when seeking to revise any annual contributions contract.

SEC.

240.

None of the funds appropriated or otherwise made available in this or prior Acts may be used by the Department to carry out customer experience activities within the Office of the Assistant Chief Financial Officer for Budget.

This title may be cited as the ‘‘Department of Housing and Urban Development Appropriations Act, 2023’’.
TITLE III RELATED AGENCIES ACCESS BOARD SALARIES AND EXPENSES For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 1973 (29 U.S.C.

792), $9,850,000: Provided, That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses.
FEDERAL MARITIME COMMISSION SALARIES AND EXPENSES For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended (46 U.S.C.
46107), including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; and uniforms or allowances therefore, as authorized by sections 5901 and 5902 of title 5, United States Code, $38,260,000, of which $2,000,000 shall remain available until Sep- tember 30, 2024: Provided, That not to exceed $3,500 shall be for official reception and representation expenses.
NATIONAL RAILROAD PASSENGER CORPORATION OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provi- sions of the Inspector General Act of 1978 (5 U.S.C.

App.
3), $27,935,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties specified in such Act, to investigate allegations of fraud, including false statements to the Government under section 1001 of title 18, United States H. R. 2617—724 Code, by any person or entity that is subject to regulation by the National Railroad Passenger Corporation: Provided further, That the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, subject to the applicable laws and regulations that govern the obtaining of such services within the National Railroad Passenger Corporation: Provided fur- ther, That the Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General, subject to the applicable laws and regulations that govern such selections, appointments, and employment within the National Rail- road Passenger Corporation: Provided further, That concurrent with the President’s budget request for fiscal year 2024, the Inspector General shall submit to the House and Senate Committees on Appropriations a budget request for fiscal year 2024 in similar format and substance to budget requests submitted by executive agencies of the Federal Government.
NATIONAL TRANSPORTATION SAFETY BOARD SALARIES AND EXPENSES For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code, $129,300,000, of which not to exceed $2,000 may be used for official reception and representation expenses: Provided, That the amounts made available to the National Transportation Safety Board in this Act include amounts necessary to make lease payments on an obligation incurred in fiscal year 2001 for a capital lease.
NEIGHBORHOOD REINVESTMENT CORPORATION PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C.

8101– 8107), $166,000,000: Provided, That an additional $4,000,000, to remain available until September 30, 2026, shall be for the pro- motion and development of shared equity housing models.
SURFACE TRANSPORTATION BOARD SALARIES AND EXPENSES For necessary expenses of the Surface Transportation Board, including services authorized by section 3109 of title 5, United States Code, $41,429,000: Provided, That, notwithstanding any other provision of law, not to exceed $1,250,000 from fees estab- lished by the Surface Transportation Board shall be credited to this appropriation as offsetting collections and used for necessary and authorized expenses under this heading: Provided further, That H. R. 2617—725 the amounts made available under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2023, to result in a final appropriation from the general fund estimated at not more than $40,179,000.
UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS OPERATING EXPENSES For necessary expenses, including payment of salaries, author- ized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code, of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $4,000,000.
TITLE IV GENERAL PROVISIONS—THIS ACT SEC.

401.

None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.

SEC.

402.

None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.

SEC.

403.
SEC.

403.

The expenditure of any appropriation under this Act for any consulting service through a procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

SEC.

404.
(a) None of the funds made available in this Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emo- tional response or psychological stress in some participants; (3) does not require prior employee notification of the con- tent and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with reli- gious or quasi-religious belief systems or ‘‘new age’’ belief sys- tems as defined in Equal Employment Opportunity Commission Notice N–915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.

SEC.

405.
Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations H. R. 2617—726 Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2023, or pro- vided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, That the report shall include— (A) a table for each appropriation with a separate column to display the prior year enacted level, the Presi- dent’s budget request,
 adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; table accompanying (B) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in this Act, the 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, which- ever is more detailed, and shall apply to all items for which a dollar amount is specified and to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants and discretionary grant allocations; and (C) an identification of items of special congressional interest.
SEC.

406.
Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2023 from appropriations made available for salaries and expenses for fiscal year 2023 in this Act, shall remain available through September 30, 2024, for each such account H. R. 2617—727 for the purposes authorized: Provided, That a request shall be submitted to the House and Senate Committees on Appropriations for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogram- ming guidelines under section 405 of this Act.
SEC.

407.
No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided, That for purposes of this section, public use shall not be construed to include economic development that pri- marily benefits private entities: Provided further, That any use of funds for mass transit, railroad, airport, seaport or highway projects, as well as utility projects which benefit or serve the general public (including energy-related, communication-related, water- related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the govern- ment, and projects for the removal of an immediate threat to public health and safety or brownfields as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107–118) shall be considered a public use for purposes of eminent domain.
SEC.

408.

None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appro- priations Act.

SEC.

409.

No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C.
8301–8305, popularly known as the ‘‘Buy American Act’’).

SEC.

410.

No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C.

8301–8305).

SEC.

411.

None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301–10.122 and 301–10.123 of title 41, Code of Federal Regulations.

SEC.

412.
None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of a single agency or department of the United States Government, who are stationed in the United States, at any single international conference unless the relevant Secretary reports to the House and Senate Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided, That for purposes of this section the term ‘‘inter- national conference’’ shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organiza- tions, or nongovernmental organizations.
SEC.

413.

None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board to charge or collect any filing fee for rate or practice com- plaints filed with the Board in an amount in excess of the amount H. R. 2617—728 authorized for district court civil suit filing fees under section 1914 of title 28, United States Code.

SEC.

414.
SEC.

414.

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

(b) Nothing in subsection (a) shall limit the use of funds nec- essary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.

SEC.

415.
SEC.

415.

(a) None of the funds made available in this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C.

App.
App.

), or to prevent or impede that Inspector Gen- eral’s access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General’s right of access.

(b) A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statu- tory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has respon- sibilities under the Inspector General Act of 1978 (5 U.S.C.

App.).

(d) Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representa- tives and the Senate within 5 calendar days any failures to comply with this requirement.

SEC.

416.
None of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, govern- ment-driven scope changes, or are not significant within the overall scope of the project and/or program unless such awards or incentive fees are consistent with 16.401(e)(2) of the Federal Acquisition Regulations.
SEC.

417.
No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his or her period of active military or naval service, and has within 90 days after his or her release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his or her former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his or her former position and has not been restored thereto.
SEC.

418.
(a) None of the funds made available by this Act may be used to approve a new foreign air carrier permit under sections 41301 through 41305 of title 49, United States Code, or exemption application under section 40109 of that title of an air carrier already holding an air operators certificate issued by a H. R. 2617—729 country that is party to the U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval would contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise preclude the Secretary of Transportation from granting a foreign air carrier permit or an exemption to such an air carrier where such authorization is consistent with the U.S.-E.U.-Iceland-Norway Air Transport Agreement and United States law.

SEC.

419.

None of the funds made available by this Act to the Department of Transportation may be used in contravention of section 306108 of title 54, United States Code.

SEC.

420.
SEC.

420.

(a) Funds previously made available in chapter 9 of title X of the Disaster Relief Appropriations Act, 2013 (Public Law 113–2, division A; 127 Stat.

36) under the heading ‘‘Department of Housing and Urban Development—Community Planning and Development—Community Development Fund’’ that were available for obligation through fiscal year 2017 are to remain available until expended for the liquidation of valid obligations incurred in fiscal years 2013 through 2017.
(b) Amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con.

Res.

14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res.
1151 (117th Congress) as engrossed in the House of Representatives on June 8, 2022.

SEC.

421.
In the table of projects in the explanatory statement referenced in section 417 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2022 (divi- sion L of Public Law 117–103)— (1) the item relating to ‘‘Greensboro Judy Center Early Learning Hub Facility’’ is deemed to be amended by striking ‘‘Greensboro Judy Center Early Learning Hub Facility’’ and inserting ‘‘Building maintenance for Greensboro Judy Center Early Learning Hub Facility’’; (2) the item relating to ‘‘Constructing commercial kitchen to increase access to healthy food’’ is deemed to be amended by striking recipient ‘‘Cross Street Partners’’ and inserting ‘‘The Good Stuff’’; (3) the item relating to ‘‘Covenant House PA Transition Housing’’ is deemed to be amended by striking recipient ‘‘Cov- enant House Pennsylvania’’ and inserting ‘‘Covenant House Pennsylvania Under 21’’; (4) the item relating to ‘‘Long Island Greenway’’ is deemed to be amended by striking ‘‘Long Island Greenway’’ and inserting ‘‘For the planning and design of the Long Island Greenway’’; (5) the item relating to ‘‘Acquisition of property for perma- nent Veterans’ homeless shelter’’ is deemed to be amended by striking ‘‘Acquisition of property for permanent Veterans’ homeless shelter’’ and inserting ‘‘Acquisition or rehabilitation of property for permanent veterans’ homeless shelter’’; H. R. 2617—730 (6) the item relating to ‘‘Gourdy Ampitheater Project’’ is deemed to be amended by striking ‘‘Gourdy Ampitheater Project’’ and inserting ‘‘Goudy
 Park’’; (7) the item relating to ‘‘Community Bike Works: Easton’’ is deemed to be amended by striking ‘‘Easton’’ and inserting ‘‘Easton and Allentown’’; (8) the item relating to ‘‘Barrington Town Offices and Emer- gency Operations Center Construction’’ is deemed to be amended by striking ‘‘Barrington Town Offices and Emergency Operations Center Construction’’ and inserting ‘‘For activities of the Town of Barrington’’; (9) the item relating to ‘‘Holladay Community Center Public Facility’’ is deemed to be
 amended by striking recipient ‘‘Housing Authority of Salt Lake City (HASLC)’’ and inserting ‘‘Salt Lake County’’; (10) the item relating to ‘‘Somersworth Fire Training Tower’’ is deemed to be amended by striking ‘‘Tower’’ and inserting ‘‘and Equipment’’; (11) the item relating to ‘‘Generator and structure to house generator for Guma Esperansa’’ is deemed to be amended by striking ‘‘Generator and structure to house generator for Guma Esperansa’’ and inserting ‘‘For the installation and ongoing maintenance of the generator and its structure at Guma Esperansa’’; (12) the item relating to ‘‘Facility Improvements’’ is deemed to be amended by striking recipient ‘‘Sterling House Community Center Inc.’’ and inserting ‘‘Town of Stratford’’; (13) the item relating to ‘‘Stateline Boys & Girls Club— Beloit, WI Facility Construction’’ is deemed to be amended by striking ‘‘Facility Construction’’; (14) the item relating to ‘‘The MEWS at Spencer Road, Affordable Housing and Mixed Use Development’’ is deemed to be amended by striking recipient ‘‘Will County Development Corporation’’ and inserting ‘‘Will County Housing Development Corporation’’; (15) the item relating to ‘‘Bluefield Historic District Res- toration’’ is deemed to be amended by striking ‘‘Historic Dis- trict’’; and (16) the item relating to ‘‘Port of West Virginia Railroad Bridge Improvements’’ is deemed to be amended by striking ‘‘Bridge’’.
SEC.

422.

None of the funds made available to the Department of Housing and Urban Development in this or prior Acts may be used to issue a solicitation or accept bids on any solicitation that is substantially equivalent to the draft solicitation entitled ‘‘Housing Assistance Payments (HAP) Contract Support Services (HAPSS)’’ posted to www.Sam.gov on July 27, 2022.

SEC.

423.

Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 109 Stat.
598; 133 Stat.

3018) is amended by striking the seventh, eighth, and ninth sentences.

This division may be cited as the ‘‘Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2023’’.
H. R. 2617—731 DIVISION M—ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023 TITLE I DEPARTMENT OF AGRICULTURE FOREIGN ASSISTANCE AND RELATED PROGRAMS FOREIGN AGRICULTURAL SERVICE FOOD FOR PEACE TITLE II GRANTS For an additional amount for ‘‘Food for Peace Title II Grants’’, $50,000,000, to remain available until expended.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM GRANTS For an additional amount for ‘‘McGovern-Dole Food for Edu- cation and Child Nutrition Program Grants’’, $5,000,000, to remain available until expended.
TITLE II DEPARTMENT OF DEFENSE MILITARY PERSONNEL MILITARY PERSONNEL, ARMY For an additional amount for ‘‘Military Personnel, Army’’, $54,252,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses, including for hardship duty pay.
MILITARY PERSONNEL, NAVY For an additional amount for ‘‘Military Personnel, Navy’’, $1,386,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses, including for hardship duty pay.

MILITARY PERSONNEL, MARINE CORPS For an additional amount for ‘‘Military Personnel, Marine Corps’’, to remain available until September 30, 2023, $1,400,000, to respond to the situation in Ukraine and for related expenses, including for hardship duty pay.
MILITARY PERSONNEL, AIR FORCE For an additional amount for ‘‘Military Personnel, Air Force’’, $31,028,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses, including for hardship duty pay.
H. R. 2617—732 MILITARY PERSONNEL, SPACE FORCE For an additional amount for ‘‘Military Personnel, Space Force’’, $3,663,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses, including for hardship duty pay.
OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY For an additional amount for ‘‘Operation and Maintenance, Army’’, $3,020,741,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.

OPERATION AND MAINTENANCE, NAVY For an additional amount for ‘‘Operation and Maintenance, Navy’’, $871,410,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.
OPERATION AND MAINTENANCE, MARINE CORPS For an additional amount for ‘‘Operation and Maintenance, Marine Corps’’, $14,620,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.

OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $580,266,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.
OPERATION AND MAINTENANCE, SPACE FORCE For an additional amount for ‘‘Operation and Maintenance, Space Force’’, $8,742,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.
OPERATION AND MAINTENANCE, DEFENSE-WIDE (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $21,160,737,000, to remain available until Sep- tember 30, 2023, to respond to the situation in Ukraine and for related expenses: Provided, That of the total amount provided under this heading in this Act, $9,000,000,000, to remain available until September 30, 2024, shall be for the Ukraine Security Assistance Initiative: Provided further, That such funds for the Ukraine Secu- rity Assistance Initiative shall be available to the Secretary of Defense under the same terms and conditions as are provided for in section 8110 of the Department of Defense Appropriations Act, 2023: Provided further, That the Secretary of Defense may accept and retain contributions, including money, personal property, H. R. 2617—733 and services, from foreign governments and other entities, to carry out assistance authorized for the Ukraine Security Assistance Initia- tive under this heading in this Act: Provided further, That the Secretary of Defense shall notify the congressional defense commit- tees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contributions: Provided further, That contributions of money for the purposes provided herein from any foreign government or other entity may be credited to this account, to remain available until September 30, 2024, and used for such
 purposes: Provided further, That of the total amount pro- vided under this heading in this Act, up to $11,880,000,000, to remain available until September 30, 2024, may be transferred to accounts under the headings ‘‘Operation and Maintenance’’ and ‘‘Procurement’’ for replacement of defense articles from the stocks of the Department of Defense, and for reimbursement for defense services of the Department of Defense and military education and training, provided to the Government of Ukraine or to foreign countries that have provided support to Ukraine at the request of the United States: Provided further, That funds transferred pursuant to the preceding proviso shall be merged with and avail- able for the same purposes and for the same time period as the appropriations to which the funds are transferred: Provided further, That the Secretary of Defense shall notify the congressional defense committees of the details of such transfers not less than 15 days before any such transfer: Provided further, That upon a determina- tion 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: Pro- vided further, That the transfer authority provided herein is in addition to any other transfer authority provided by law.
PROCUREMENT MISSILE PROCUREMENT, ARMY For an additional amount for ‘‘Missile Procurement, Army’’, $354,000,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses.
PROCUREMENT OF AMMUNITION, ARMY For an additional amount for ‘‘Procurement of Ammunition, Army’’, $687,000,000, to remain available until September 30, 2025, for expansion of public and private plants, including the land nec- essary therefor, and procurement and installation of equipment appliances, and machine tools in such plants, for the purpose of increasing production of critical munitions to replace defense arti- cles provided to the Government of Ukraine or foreign countries that have provided support to Ukraine at the request of the United States.
OTHER PROCUREMENT, ARMY For an additional amount for ‘‘Other Procurement, Army’’, $6,000,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses.

H. R. 2617—734 OTHER PROCUREMENT, AIR FORCE For an additional amount for ‘‘Other Procurement, Air Force’’, $730,045,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses.
PROCUREMENT, DEFENSE-WIDE For an additional amount for ‘‘Procurement, Defense-Wide’’, $3,326,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY For an additional amount for ‘‘Research, Development, Test and Evaluation, Army’’, $5,800,000, to remain available until Sep- tember 30, 2024, to respond to the situation in Ukraine and for related expenses.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY For an additional amount for ‘‘Research, Development, Test and Evaluation, Navy’’, $38,500,000, to remain available until Sep- tember 30, 2024, to respond to the situation in Ukraine and for related expenses.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE For an additional amount for ‘‘Research, Development, Test and Evaluation, Air Force’’, $185,142,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE For an additional amount for ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $89,515,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.
OTHER DEPARTMENT OF DEFENSE PROGRAMS DEFENSE HEALTH PROGRAM For an additional amount for ‘‘Defense Health Program’’, $14,100,000, to remain available until September 30, 2023, which shall be for operation and maintenance, to respond to the situation in Ukraine and for related expenses.
OFFICE OF THE INSPECTOR GENERAL For an additional amount for ‘‘Office of the Inspector General’’, $6,000,000, to remain available until September 30, 2023, which shall be for operation and maintenance, to carry out reviews of the activities of the Department of Defense to execute funds appro- priated in this title, including assistance provided to Ukraine: Pro- vided, That the Inspector General of the Department of Defense H. R. 2617—735 shall provide to the congressional defense committees a briefing not later than 90 days after the date of enactment of this Act.
RELATED AGENCIES INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT For an additional amount for ‘‘Intelligence Community Manage- ment Account’’, $75,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.

GENERAL PROVISIONS—THIS TITLE SEC.

1201.
Not later than 45 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit a report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate on measures being taken to account for United States defense articles designated for Ukraine since the February 24, 2022, Russian invasion of Ukraine, particularly measures with regard to such articles that require enhanced end-use monitoring; measures to ensure that such articles reach their intended recipients and are used for their intended purposes; and any other measures to promote accountability for the use of such articles: Provided, That such report shall include a description of any occurrences of articles not reaching their intended recipients or used for their intended purposes and a description of any remedies taken: Provided further, That such report shall be submitted in unclassified form, but may be accom- panied by a classified annex.
SEC.

1202.
Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter through fiscal year 2024, the Secretary of Defense, in coordination with the Secretary of State, shall provide a written report to the Committees on Appro- priations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate describing United States security assistance provided to Ukraine since the February 24, 2022, Russian invasion of Ukraine, including a comprehensive list of the defense articles and services provided to Ukraine and the associated authority and funding used to provide such articles and services: Provided, That such report shall be submitted in unclassified form, but may be accompanied by a classified annex.
TITLE III DEPARTMENT OF ENERGY ENERGY PROGRAMS NUCLEAR ENERGY For an additional amount for ‘‘Nuclear Energy’’, $300,000,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, $100,000,000 shall be for Advanced Nuclear Fuel Availability: Provided further, That of H. R. 2617—736 the amount provided under this heading in this Act, $60,000,000 shall be to carry out the demonstrations of the Advanced Reactor Demonstration Program: Provided further, That of the amount pro- vided under this heading in this Act, $20,000,000 shall be to carry about activities for the National Reactor Innovation Center: Pro- vided further, That of the amount provided under this heading in this Act, $120,000,000 shall be to carry about activities for the Risk Reduction for Future Demonstrations.
ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION DEFENSE NUCLEAR NONPROLIFERATION For an additional amount for ‘‘Defense Nuclear Nonprolifera- tion’’, $126,300,000, to remain available until expended, to respond to the situation in Ukraine and for related expenses.

GENERAL PROVISION—THIS TITLE SEC.

1301.

(a) Of the unobligated balances from amounts depos- ited in the SPR Petroleum Account pursuant to section 167(b)(3) of the Energy Policy and Conservation Act (42 U.S.C.
6247(b)(3)), $10,395,000,000 is hereby permanently rescinded not later than September 30, 2023.

(b) Section 403(a) of the Bipartisan Budget Act of 2015 (Public Law 114–74) is amended by adding ‘‘and’’ after the semicolon in paragraph (5), striking the semicolon in paragraph (6) and inserting a period, and striking paragraphs (7) and (8).
(c) Section 32204(a)(1) of the FAST Act (Public Law 114–94) is amended by adding ‘‘and’’ after the semicolon in subparagraph (A), striking the semicolon in subparagraph (B) and inserting a period, and striking subparagraphs (C) and (D).
(d) Section 30204(a)(1) of the Bipartisan Budget Act of 2018 (Public Law 115–123) is amended by striking the word ‘‘Reserve’’ and everything that follows and adding the following: ‘‘Reserve 30,000,000 barrels of crude oil during the period of fiscal years 2022 through 2027.’’.
TITLE IV EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Expenses’’, $1,000,000, to remain available until expended, for necessary expenses of the National Security Council.
H. R. 2617—737 TITLE V DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES REFUGEE AND ENTRANT ASSISTANCE For an additional amount for ‘‘Refugee and Entrant Assistance’’, $2,400,000,000, to remain available until September 30, 2024: Pro- vided, That amounts made available under this heading in this Act may be used for grants or contracts with qualified organizations, including nonprofit entities, to provide culturally and linguistically appropriate services, including wraparound services, housing assist- ance, medical assistance, legal assistance, and case management assistance: Provided further, That amounts made available under this heading in this Act may be used by the Director of the Office of Refugee Resettlement (Director) to issue awards or supplement awards previously made by the Director: Provided further, That the Director, in carrying out section 412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1522(c)(1)(A)) with amounts made available under this heading in this Act, may allocate such amounts among the States in a manner that accounts for the most current data available.

GENERAL PROVISION—THIS TITLE SEC.

1501.

Subsection (a)(1)(A) of section 2502 of the Afghani- stan Supplemental Appropriations Act, 2022 (division C of Public Law 117–43) is amended by striking ‘‘September 30, 2022’’ and inserting ‘‘September 30, 2023’’.
TITLE VI LEGISLATIVE BRANCH GOVERNMENT ACCOUNTABILITY OFFICE SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Expenses’’, $7,500,000, to remain available until expended, for oversight of the amounts provided in division N of Public Law 117–103, Public Law 117–128, division B of Public Law 117–180, and this Act.
TITLE VII DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN AFFAIRS DIPLOMATIC PROGRAMS For an additional amount ‘‘Diplomatic Programs’’, $147,054,000, to remain available until September 30, 2024, of which not less than $60,000,000 shall be made available to respond for H. R. 2617—738 to the situation in Ukraine and in countries impacted by the situa- tion in Ukraine.
OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector General’’, $5,500,000, to remain available until September 30, 2024.

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT FUNDS APPROPRIATED TO THE PRESIDENT OPERATING EXPENSES For an additional amount for ‘‘Operating Expenses’’, $5,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.
OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector General’’, $8,000,000, to remain available until September 30, 2024.
BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL DISASTER ASSISTANCE For an additional amount for ‘‘International Disaster Assist- ance’’, $937,902,000, to remain available until expended, of which not less than $300,000,000 shall be made available to respond to humanitarian needs in Ukraine and in countries impacted by the situation in Ukraine, including the provision of emergency food and shelter, and for assistance for other vulnerable populations and communities, including through local and international non- governmental organizations.
TRANSITION INITIATIVES For an additional amount Initiatives’’, $50,000,000, to remain available until expended, for assistance for Ukraine and countries impacted by the situation in Ukraine.
‘‘Transition for ECONOMIC SUPPORT FUND For an additional amount for ‘‘Economic Support Fund’’, $12,966,500,000 to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine, which may include budget support: Provided, That funds appropriated under this heading in this Act may be made available notwithstanding any other provision of law that restricts assistance to foreign countries and may be made available as con- tributions.
H. R. 2617—739 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA For an additional amount for ‘‘Assistance for Europe, Eurasia and Central Asia’’, $350,000,000, to remain available until Sep- tember 30, 2024, for assistance and related programs for Ukraine and other countries identified in section 3 of the FREEDOM Support Act (22 U.S.C.

5801) and section 3(c) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C.

5402(c)).
5402(c)).

DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE For an additional amount for ‘‘Migration and Refugee Assist- ance’’, $1,535,048,000, to remain available until expended, of which not less than $620,000,000 shall be made available to address humanitarian needs in, and to assist refugees from, Ukraine, and for additional support for other vulnerable populations and commu- nities.
INTERNATIONAL SECURITY ASSISTANCE DEPARTMENT OF STATE INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT For an additional amount for ‘‘International Narcotics Control and Law Enforcement’’, $374,996,000, to remain available until September 30, 2024, of which not less than $300,000,000 shall be for assistance for Ukraine and countries impacted by the situa- tion in Ukraine.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS For an additional amount for ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, $105,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine.
FUNDS APPROPRIATED TO THE PRESIDENT FOREIGN MILITARY FINANCING PROGRAM For an additional amount for ‘‘Foreign Military Financing Pro- gram’’, $80,000,000, to remain available until September 30, 2024: Provided, That such funds may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans and loan guarantees, if otherwise authorized by any provision of law: Provided further, That such costs may include the costs of selling, reducing, or cancelling any amounts owed to the United States or any agency of the United States: Provided further, That the gross principal balance of such direct loans shall not exceed $2,000,000,000, and the gross principal balance of guaranteed loans shall not exceed $2,000,000,000: Provided further, That the Secretary of State may use amounts charged to the bor- rower as origination fees to pay for the cost of such loans.
H. R. 2617—740 GENERAL PROVISIONS—THIS TITLE (INCLUDING TRANSFERS OF FUNDS) SEC.

1701.

During fiscal year 2023, section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.

2318(a)(1)) shall be applied by substituting ‘‘$14,500,000,000’’ for ‘‘$100,000,000’’.

SEC.

1702.

During fiscal year 2023, section 506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 U.S.C.
2318(a)(2)(B)) shall be applied by substituting ‘‘$400,000,000’’ for ‘‘$200,000,000’’ and by substituting ‘‘$150,000,000’’ for ‘‘$75,000,000’’ in clause (i).

SEC.

1703.

During fiscal year 2023, section 552(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.

2348a(c)(2)) shall be applied by substituting ‘‘$50,000,000’’ for ‘‘$25,000,000’’.

SEC.

1704.
SEC.

1704.

(a) Funds appropriated by this title under the heading ‘‘Diplomatic Programs’’ may be transferred to, and merged with, funds available under the heading ‘‘Capital Investment Fund’’ to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.
(b) Funds appropriated by this title under the headings ‘‘Inter- national Disaster Assistance’’ and ‘‘Migration and Refugee Assist- ance’’ may be transferred to, and merged with, funds appropriated by this title under such headings to respond to humanitarian needs in Ukraine and in countries impacted by the situation in Ukraine and for assistance for other vulnerable populations and commu- nities.
(c) Funds appropriated by this title under the heading ‘‘Eco- nomic Support Fund’’ may be transferred to, and merged with, funds available under the headings ‘‘United States International Development Finance Corporation—Corporate Capital Account’’, ‘‘United States International Development Finance Corporation— Program Account’’, ‘‘Export-Import Bank of the United States— Program Account’’, and ‘‘Trade and Development Agency’’ to respond to the situation in Ukraine and in countries impacted by the situa- tion in Ukraine.
(d) Funds appropriated by this title under the headings ‘‘Inter- national Narcotics Control and Law Enforcement’’, ‘‘Nonprolifera- tion, Anti-terrorism, Demining and Related Programs’’, and ‘‘For- eign Military Financing Program’’ may be transferred to, and merged with, funds appropriated by this title under such headings to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.
(e) The transfer authorities provided by this section are in addition to any other transfer authority provided by law.

(f) The exercise of the transfer authorities provided by this section shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
(g) Upon a determination that all or part of the funds trans- ferred pursuant to the authorities provided by this section are not necessary for such purposes, such amounts may be transferred back to such appropriations.

SEC.

1705.
(a) Funds appropriated by this title may be made available for direct financial support for the Government of Ukraine, including for Ukrainian first responders, and may be made available as a cash transfer subject to the requirements of subsection (b): Provided, That such funds shall be provided on a reimbursable H. R. 2617—741 basis and matched by sources other than the United States Govern- ment, to the maximum extent practicable: Provided further, That the Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, shall ensure third-party monitoring of such funds: Provided further, That at least 15 days prior to the initial obligation of such funds, the Secretary of State, following consultation with the Administrator of the United States Agency for International Development, shall certify and report to the appropriate congressional committees that mechanisms for monitoring and oversight of such funds are in place and functioning and that the Government of Ukraine has in place substantial safeguards to prevent corruption and ensure accountability of such funds: Provided further, That not less than 45 days after the initial obligation of such funds, the Inspectors General of the Department of State and the United States Agency for International Development shall submit a report to the appro- priate congressional committees detailing and assessing the mecha- nisms for monitoring and safeguards described in the previous proviso.
(b) Funds made available to the Government of Ukraine as a cash transfer under subsection (a) shall be subject to a memo- randum of understanding between the governments of the United States and Ukraine that describes how the funds proposed to be made available will be used and the appropriate safeguards to ensure transparency and accountability: Provided, That such assist- ance shall be maintained in a separate, auditable account and may not be commingled with any other funds.
(c) The Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, shall report to the appropriate congressional committees on the uses of funds provided for direct financial support to the Government of Ukraine pursuant to subsection (a) not later than 45 days after the date of enactment of this Act and every 45 days thereafter until all such funds have been expended: Provided, That such reports shall include a detailed description of the use of such funds, including categories and amounts, the intended results and the results achieved, a summary of other donor contributions, and a description of the efforts undertaken by the Secretary and Administrator to increase other donor contributions for direct finan- cial support: Provided further, That such reports shall also include the metrics established to measure such results.
SEC.

1706.
Funds appropriated by this title under the headings ‘‘Diplomatic Programs’’, ‘‘Operating Expenses’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Pro- grams’’, and ‘‘Foreign Military Financing Program’’ shall be subject to the regular notification procedures of the Committees on Appro- priations: Provided, That notifications submitted pursuant to this section shall include for each program notified—(1) total funding made available for such program, by account and fiscal year; (2) funding that remains unobligated for such program; (3) funding that is obligated but unexpended for such program; and (4) funding committed, but not yet notified for such program.
SEC.

1707.
Funds appropriated by this title for the Inspectors General of the Department of State and United States Agency for International Development are in addition to funds otherwise provided for such Inspectors General for fiscal year 2023 and are H. R. 2617—742 made available to provide oversight of funds appropriated by this title and funds appropriated in title VI of division N of Public Law 117–103, title V of Public Law 117–128, and title III of division B of Public Law 117–180: Provided, That the Inspectors General shall coordinate with the Inspectors General of the Department of Defense and Inspectors General of other relevant Federal agen- cies in conducting such oversight: Provided further, That not later than 90 days after the date of enactment of this Act, the Inspectors General shall provide a report on oversight plans and initial findings to the appropriate congressional committees.
SEC.

1708.

(a) The Attorney General may transfer to the Sec- retary of State the proceeds of any covered forfeited property for use by the Secretary of State to provide assistance to Ukraine to remediate the harms of Russian aggression towards Ukraine.

Any such transfer shall be considered foreign assistance under the Foreign Assistance Act of 1961 (22 U.S.C.

2151 et seq.
2151 et seq.

), including for purposes of making available the administrative authorities and implementing the reporting requirements contained in that Act.

(b) Not later than 15 days after any transfers made pursuant to subsection (a), the Attorney General, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit a report describing such transfers to the appropriate congressional committees.
(c) In this section: (1) The term ‘‘appropriate congressional committees’’ means— (A) the Committee on the Judiciary of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Banking, Housing, and Urban Affairs of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on the Judiciary of the House of Representatives; (F) the Committee on Foreign Affairs of the House of Representatives; (G) the Committee on Financial Services of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives.
(2) The term ‘‘covered forfeited property’’ means property forfeited under chapter 46 or section 1963 of title 18, United States Code, which property belonged to, was possessed by, or was controlled by a person subject to sanctions and des- ignated by the Secretary of the Treasury or the Secretary of State, or which property was involved in an act in violation of sanctions enacted pursuant to Executive Order 14024, and as expanded by Executive Order 14066 of March 8, 2022, and relied on for additional steps taken in Executive Order 14039 of August 20, 2021, and Executive Order 14068 of March 11, 2022.
(d) The authority under this section shall apply to any covered forfeited property forfeited on or before May 1, 2025.

H. R. 2617—743 TITLE VIII GENERAL PROVISIONS—THIS ACT SEC.

1801.

Funds appropriated by this Act for intelligence or intelligence related activities are deemed to be specifically author- ized by the Congress for purposes of section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.

3094(a)(1)).

SEC.

1802.


Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved.

SEC.

1803.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

SEC.

1804.
SEC.

1804.

Unless otherwise provided for by this Act, the addi- tional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2023.

SEC.

1805.

Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con.

Res.
Res.

14 (117th Congress), the concur- rent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res.

1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.

This division may be cited as the ‘‘Additional Ukraine Supple- mental Appropriations Act, 2023’’.
DIVISION N—DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023 TITLE I DEPARTMENT OF AGRICULTURE AGRICULTURAL PROGRAMS PROCESSING, RESEARCH AND MARKETING OFFICE OF THE SECRETARY For an additional amount for ‘‘Office of the Secretary’’, $3,741,715,000, to remain available until expended, for necessary expenses related to losses of revenue, quality or production losses of crops (including milk, on-farm stored commodities, crops pre- vented from planting in 2022, and harvested adulterated wine grapes), trees, bushes, and vines, as a consequence of droughts, wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze, including a polar vortex, smoke exposure, and excessive moisture occurring in calendar year 2022 under such terms and conditions as determined by the Secretary: Provided, That of the amounts provided under this heading in this Act, the Secretary shall use up to $494,500,000 to provide assistance to producers of livestock, as determined by the Secretary of Agri- culture, for losses incurred during calendar year 2022 due to drought or wildfires: Provided further, That the amount provided under this heading in this Act shall be subject to the terms and conditions set forth in the first, second, and fourth through twelfth H. R. 2617—744 provisos under this heading in title I of the Disaster Relief Supple- mental Appropriations Act, 2022 (division B of Public Law 117– 43), except that each reference to 2020 or 2021 in such provisos in such Act shall be deemed to be a reference instead to 2022.
AGRICULTURAL RESEARCH SERVICE BUILDINGS AND FACILITIES For an additional amount for ‘‘Buildings and Facilities’’, $58,000,000, to remain available until expended.

FOOD SAFETY AND INSPECTION SERVICE For an additional amount for ‘‘Food Safety and Inspection Service’’, $29,700,000, to remain available until expended.
FARM PRODUCTION AND CONSERVATION PROGRAMS FARM SERVICE AGENCY EMERGENCY FOREST RESTORATION PROGRAM For an additional amount for ‘‘Emergency Forest Restoration Program’’, $27,000,000, to remain available until expended.

NATURAL RESOURCES CONSERVATION SERVICE WATERSHED AND FLOOD PREVENTION OPERATIONS For an additional amount for ‘‘Watershed and Flood Prevention Operations’’ for necessary expenses for the Emergency Watershed Protection Program, $925,000,000, to remain available until expended.
RURAL DEVELOPMENT PROGRAMS RURAL HOUSING SERVICE RURAL HOUSING ASSISTANCE GRANTS For an additional amount for ‘‘Rural Housing Assistance Grants’’, $60,000,000, to remain available until expended, for nec- essary expenses related to homes damaged by Presidentially declared disasters in calendar year 2022: Provided, That 42 U.S.C.
1471(b)(3) shall not apply: Provided further, That the income limit shall be capped at 80 percent of the area median income: Provided further, That, notwithstanding section 1490m(c)(2) of such title, a grant made under 42 U.S.C.

1490m of such title using funds made available under this heading in this Act, may not exceed $50,000.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT For an additional amount for ‘‘Rural Community Facilities Pro- gram Account’’, $75,300,000, to remain available until expended: Provided, That of the amounts provided under this heading in this Act, $50,000,000 shall be for necessary expenses for grants to repair essential community facilities damaged by Presidentially H. R. 2617—745 declared disasters in calendar year 2022: Provided further, That the percentage of the cost of the facility that may be covered by a grant pursuant to the preceding proviso shall be 75 percent.
RURAL UTILITIES SERVICE RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT For an additional amount for ‘‘Rural Water and Waste Disposal Program Account’’, $325,000,000, to remain available until expended: Provided, That of the amounts provided under this heading in this Act, $265,000,000 shall be for necessary expenses related to water systems damaged by Presidentially declared disas- ters in calendar year 2022: Provided further, That, notwithstanding section 343(a)(13)(B) of the Consolidated Farm and Rural Develop- ment Act, a grant using funds made available pursuant to the preceding proviso may not be awarded to a community with a population of more than 35,000 people: Provided further, That not to exceed $8,000,000 of the amount made available pursuant to the first proviso shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(22) of the Consolidated Farm and Rural Development Act.
GENERAL PROVISIONS—THIS TITLE SEC.

2101.

In addition to other funds available for such pur- poses, not more than three percent of the amounts provided in each account under the ‘‘Rural Development Programs’’ heading in this title shall be paid to the appropriation for ‘‘Rural Develop- ment, Salaries and Expenses’’ for administrative costs to carry out the emergency rural development programs in this title.

SEC.

2102.
SEC.

2102.

For necessary expenses for salary and related costs associated with Agriculture Quarantine and Inspection Services activities pursuant to 21 U.S.C.
136a(6), and in addition to any other funds made available for this purpose, there is appropriated, out of any money in the Treasury not otherwise appropriated, $125,000,000, to remain available until September 30, 2024, to offset the loss of quarantine and inspection fees collected pursuant to sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136, 136a): Provided, That amounts made available in this section shall be treated as funds collected by fees authorized under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.

136, 136a) for purposes of section 421(f) of the Homeland Security Act of 2002 (6 U.S.C.

231(f)).
231(f)).

TITLE II DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS (INCLUDING TRANSFERS OF FUNDS) Pursuant to section 703 of the Public Works and Economic Development Act (42 U.S.C.
3233), for an additional amount for H. R. 2617—746 ‘‘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 occur- ring in calendar years 2021 and 2022 under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.
), $500,000,000, to remain available until expended: Provided, That within the amount appropriated under this heading in this Act, up to 3 percent of funds may be transferred to the ‘‘Salaries and Expenses’’ account for administration and oversight activities: Provided further, That the Secretary of Commerce is authorized to appoint and fix the compensation of such temporary personnel as may be necessary to implement the requirements under this heading in this Act, without regard to the provisions of title 5, United States Code, governing appointments in competitive service: Provided further, That within the amount appropriated under this heading in this Act, $2,000,000 shall be transferred to the ‘‘Office of Inspector General’’ account for carrying out investigations and audits related to the funding provided under this heading in this Act.
For an additional amount for ‘‘Economic Development Assist- ance 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 deter- mined by the Secretary.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES For an additional amount for ‘‘Scientific and Technical Research and Services’’ to investigate the impacts of hurricanes, typhoons, and wildfires in calendar year 2022 to support the development of resilience standards with regard to weather and climate disasters, in addition to the underlying research to support those standards, and for necessary expenses to carry out investigations of building failures pursuant to the National Construction Safety Team Act of 2002 (15 U.S.C.
7301), $40,000,000, to remain available until expended.

INDUSTRIAL TECHNOLOGY SERVICES For an additional amount for ‘‘Industrial Technology Services’’, $27,000,000, to remain available until expended, to implement the Research and Development, Competition, and Innovation Act (divi- sion B of Public Law 117–167), of which $13,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $14,000,000 shall be for the Manufacturing USA Program.
H. R. 2617—747 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES For an additional amount for ‘‘Operations, Research, and Facili- ties’’ for necessary expenses related to the consequences of hurri- canes, 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 Facili- ties’’, $62,000,000, to remain available until September 30, 2024, of which $20,000,000, to remain available until expended, shall be to carry out activities described in title II of division JJ of the Consolidated Appropriations Act, 2023 to support the adoption of innovative fishing gear deployment and fishing techniques to reduce entanglement risk to North Atlantic right whales, including through cooperative agreements pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3701).

PROCUREMENT, ACQUISITION AND CONSTRUCTION For an additional amount for ‘‘Procurement, Acquisition and Construction’’ for the acquisition of hurricane hunter aircraft and related expenses as authorized under section 413(a) of the Weather Research and Forecasting Innovation Act of 2017 (Public Law 115– 25), $327,701,000, to remain available until expended.

For an additional amount for ‘‘Procurement, Acquisition and Construction’’, $108,838,000, to remain available until September 30, 2025.
FISHERIES DISASTER ASSISTANCE For an additional amount for ‘‘Fisheries Disaster Assistance’’ for necessary expenses associated with the mitigation of fishery disasters, $300,000,000, to remain available until expended: Pro- vided, That such funds shall be used for mitigating the effects of commercial fishery failures and fishery resource disasters declared by the Secretary of Commerce.
DEPARTMENT OF JUSTICE FEDERAL PRISON SYSTEM BUILDINGS AND FACILITIES For an additional amount for ‘‘Buildings and Facilities’’, $182,000,000, to remain available until expended.
SCIENCE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION For an additional amount for ‘‘Construction and Environmental Compliance and Restoration’’ for repair and replacement of National H. R. 2617—748 Aeronautics and Space Administration facilities damaged by Hurri- canes Ian and Nicole or scheduled for derating due to deterioration, $189,400,000, to remain available until expended.
For an additional amount for ‘‘Construction and Environmental Compliance and Restoration’’, $367,000,000, to remain available until September 30, 2028.

NATIONAL SCIENCE FOUNDATION RESEARCH AND RELATED ACTIVITIES For an additional amount for ‘‘Research and Related Activities’’ for necessary expenses related to damage to research facilities and scientific equipment in calendar year 2022, including related to the consequences of wildfires, $2,500,000, to remain available until September 30, 2024.
For an additional amount for ‘‘Research and Related Activities’’, $818,162,000, to remain available until September 30, 2024, of which $210,000,000 shall be to implement the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167).
STEM EDUCATION For an additional amount for ‘‘STEM Education’’, $217,000,000, to remain available until September 30, 2024, of which $125,000,000 shall be to implement the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167).
RELATED AGENCIES LEGAL SERVICES CORPORATION PAYMENT TO THE LEGAL SERVICES CORPORATION For an additional amount for ‘‘Payment to the Legal Services Corporation’’ to carry out the purposes of the Legal Services Cor- poration Act by providing for necessary expenses related to the consequences of hurricanes, flooding, wildfires, and other extreme weather that occurred during calendar year 2022, $20,000,000, to remain available until September 30, 2023: Provided, That none of the funds appropriated in this Act to the Legal Services Corpora- tion shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2022 and 2023, respectively, and except that sections 501 and 503 of Public Law 104–134 (ref- erenced by Public Law 105–119) shall not apply to the amount made available under this heading in this Act: Provided further, That, for the purposes of this Act, the Legal Services Corporation shall be considered an agency of the United States.
H. R. 2617—749 GENERAL PROVISION—THIS TITLE SEC.

2201.
Unobligated balances from amounts made available in paragraph (1) under the heading ‘‘Procurement, Acquisition and Construction’’ in the Disaster Relief Supplemental Appropriations Act, 2022 (division B of Public Law 117–43) may be used for necessary expenses related to the consequences of hurricanes and of wildfires in calendar year 2022: Provided, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con.
Res.

14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, are designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) of such concurrent resolution and section 1(e) of H. Res.

1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
TITLE III DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE—MILITARY OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, NAVY For an additional amount for ‘‘Operation and Maintenance, Navy’’, $82,875,000, to remain available until September 30, 2023, for necessary expenses related to the consequences of Hurricanes Ian and Fiona.
OPERATION AND MAINTENANCE, ARMY RESERVE For an additional amount for ‘‘Operation and Maintenance, Army Reserve’’, $6,786,000, to remain available until September 30, 2023, for necessary expenses related to the consequences of Hurricanes Ian and Fiona.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD For an additional amount for ‘‘Operation and Maintenance, Army National Guard’’, $16,572,000, to remain available until Sep- tember 30, 2023, for necessary expenses related to the consequences of Hurricanes Ian and Fiona.
TITLE IV CORPS OF ENGINEERS—CIVIL DEPARTMENT OF THE ARMY INVESTIGATIONS For an additional amount for ‘‘Investigations’’ for necessary expenses related to the completion, or initiation and completion, of flood and storm damage reduction, including shore protection, studies that are currently authorized or that are authorized after H. R. 2617—750 the date of enactment of this Act, to reduce risks from future floods and hurricanes, at full Federal expense, $5,000,000, to remain available until expended: Provided, That funds made available under this heading in this Act shall be for high-priority studies of projects in States and insular areas that were impacted by Hurricanes Ian, Fiona, and Nicole: Provided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropria- tions a detailed work plan for the funds provided under this heading in this Act, including a list of study locations, new studies selected to be initiated, the total cost for all studies, the remaining cost for all ongoing studies, and a schedule by fiscal year of proposed use of such funds: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress: Provided further, That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Commit- tees 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 Engi- neers projects, $261,300,000, to remain available until expended: Provided, That funds made available in this paragraph in this Act are available to construct flood and storm damage reduction, including shore protection, projects which are currently authorized or which are authorized after the date of enactment of this Act, and flood and storm damage reduction, including shore protection, projects which have signed Chief’s Reports as of the date of enact- ment of this Act or which are studied using funds provided under the heading ‘‘Investigations’’ of this Act if the Secretary determines such projects to be technically feasible, economically justified, and environmentally acceptable, in States and insular areas that were impacted by Hurricanes Ian, Fiona, and Nicole: Provided further, That to the extent that ongoing construction projects are constructed using funding pursuant to the first proviso in this paragraph in this Act, such construction shall be at full Federal expense: Provided further, That the Secretary may initiate additional new construction starts with funds provided pursuant to the first proviso in this paragraph in this Act: Provided further, That using funds provided in this paragraph in this Act, the non-Federal cash contribution for projects eligible for funding pursuant to the first proviso in this paragraph in this Act shall be financed in accordance with the provisions of section 103(k) of Public Law 99–662 over a period of 30 years from the date of completion of the project or separable element: Provided further, That funds made available in this para- graph in this Act may be for ongoing projects that have previously received funds under this heading in the Disaster Relief Appropria- tions Act of 2013 (Public Law 113–2) and
 for which non-Federal interests have entered into binding agreements with the Secretary at the time of enactment of this Act: Provided further, That projects H. R. 2617—751 receiving funds pursuant to the preceding proviso, shall be subject to the terms and conditions of Disaster Relief Appropriations Act of 2013 (Public Law 113–2): Provided further, That funds made available in this paragraph in this Act may be for projects that have previously received funds under this heading in the Bipartisan Budget Act of 2018 (Public Law 115–123) and for which non- Federal interests have entered into binding agreements with the Secretary at the time of enactment of this Act: Provided further, That projects receiving funds pursuant to the preceding proviso, shall be subject to the terms and conditions of Bipartisan Budget Act of 2018 (Public Law 115–123): Provided further, That funds made available in this paragraph in this Act may be used for projects that have previously received funds under this heading in the Disaster Relief Supplemental Appropriations Act of 2022 (Public Law 117–43) and for which non-Federal interests have entered into binding agreements with the Secretary at the time of enactment of this Act: Provided further, That projects receiving funds pursuant to the preceding proviso, shall be subject to the terms and conditions of Disaster Relief Supplemental Appropria- tions Act of 2022 (Public Law 117–43): Provided further, That construction of ongoing projects that have previously received funds under this heading from the Disaster Relief Supplemental Appro- priations Act of 2022 (Public Law 117–43) to complete certain features, useful increments of work, or components of the project shall be at full Federal expense with respect to funds provided to the project under this heading in such Act or in this paragraph in this Act: Provided further, That of the sums appropriated in this paragraph in this Act, any sums as are necessary to cover the Federal share of eligible
 construction costs for coastal harbors and channels, and for inland harbors eligible to be derived from the Harbor Maintenance Trust Fund under section 101 or section 104 of the Water Resources and Development Act of 2020 shall be derived from the general fund of the Treasury: Provided further, That for projects receiving funding in this paragraph in this Act, the limitation concerning total project costs in section 902 of the Water Resources Development Act of 1986 (Public Law 99–662), as amended, shall not apply to funds provided in this paragraph in this Act: Provided further, That any projects using funds appro- priated in this paragraph in this Act shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring, where applicable, the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replace- ment, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act, including a list of project locations, new construction projects selected to be initi- ated, the total cost for all projects, and a schedule by fiscal year of proposed use of such funds: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress: Provided further, That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of H. R. 2617—752 the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House
 of Representa- tives and the Senate detailing the allocation and obligation of the funds provided in this paragraph in this Act: Provided further, That amounts repurposed pursuant to this paragraph that were previously designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con.
Res.

14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, are designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) of such concurrent reso- lution and section 1(e) of H. Res.

1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.
For an additional amount for ‘‘Construction’’, $297,200,000, to remain available until expended: Provided, That of the funds made available in this paragraph in this Act, $45,000,000 shall be for flood and storm damage reduction: Provided further, That of the funds made available in this paragraph in this Act, $36,575,000 shall be for flood control: Provided further, That of the funds made available in this paragraph in this Act, for flood and storm damage reduction and flood control, $43,650,000 shall be to continue construction of projects that principally address drainage in urban areas: Provided further, That of the funds made available in this paragraph in this Act, $36,575,000 shall be for shore protection: Provided further, That of the funds made available in this para- graph in this Act, $113,550,000 shall be for major rehabilitation, construction, and related activities for rivers and harbors navigation projects, of which $10,000,000 shall be for authorized reimburse- ments: Provided further, That of the sums appropriated in this paragraph in this Act, any sums as are necessary to cover the Federal share of eligible construction costs for coastal harbors and channels, and for inland harbors eligible to be derived from the Harbor Maintenance Trust Fund under section 101 or section 104 of the Water Resources and Development Act of 2020 shall be derived from the general fund of the Treasury: Provided further, That of the funds made available in this paragraph in this Act, $19,000,000 shall be for other
 authorized project purposes, of which up to $11,900,000 shall be for the execution of comprehensive res- toration plans developed by the Corps for major bodies of water: Provided further, That of the funds made available in this para- graph in this Act, $28,500,000 shall be for environmental restoration or compliance: Provided further, That of the funds made available in this paragraph in this Act, $18,000,000 shall be for water- related environmental infrastructure assistance to make environ- mentally sound repairs and upgrades to water infrastructure: Pro- vided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act, including a list of project locations, the total cost for all projects, and a schedule by fiscal year of proposed use of such funds: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.
H. R. 2617—753 MISSISSIPPI RIVER AND TRIBUTARIES For an additional amount for ‘‘Mississippi River and Tribu- taries’’ for necessary expenses to address emergency situations at Corps of Engineers projects in response to, and rehabilitate and repair damages caused by natural disasters to Corps of Engineers projects, $15,500,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, such sums as are necessary to cover the Federal share of eligible oper- ation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the general fund of the Treasury: Provided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided under this heading in this Act: Provided further, That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided under this heading in this Act.
OPERATION AND MAINTENANCE For an additional amount for ‘‘Operation and Maintenance’’ for necessary expenses to dredge Federal navigation projects in response to, and repair damages to Corps of Engineers Federal projects caused by natural disasters, $324,000,000, to remain avail- able until expended: Provided, That of the amount provided in this paragraph in this Act, such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the general fund of the Treasury: Provided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act: Provided further, That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided in this paragraph in this Act.
For an additional amount for ‘‘Operation and Maintenance’’, $52,800,000, to remain available until expended: Provided, That of the amount provided in this paragraph in this Act, $36,000,000 shall be for necessary expenses at inland waterways projects: Pro- vided further, That of the amount provided in this paragraph in this Act, $16,800,000 shall be for other authorized project purposes: Provided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act, including a list of project locations, the total cost for all projects, and a schedule by fiscal year of proposed use of such funds: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.
H. R. 2617—754 FLOOD CONTROL AND COASTAL EMERGENCIES For an additional amount for ‘‘Flood Control and Coastal Emer- gencies’’, as authorized by section 5 of the Act of August 18, 1941 (33 U.S.C.
701n), for necessary expenses to prepare for flood, hurri- cane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters, as author- ized by law, $519,200,000, to remain available until expended: Provided, That funding provided under this heading in this Act and utilized for authorized shore protection projects shall restore such projects to the full project profile at full Federal expense: Provided further, That beginning not later than 60 days after the enactment of this Act, the Chief of Engineers shall provide a quar- terly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these fund provided under this heading in this Act.
EXPENSES For an additional amount for ‘‘Expenses’’ for necessary expenses to administer and oversee the obligation and expenditure of amounts provided in this Act for the Corps of Engineers, $5,000,000, to remain available until expended: Provided, That beginning not later than 60 days after the enactment of this Act, the Chief of Engineers shall provide a quarterly report directly to the Commit- tees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these fund provided under this heading in this Act.
DEPARTMENT OF ENERGY ENERGY PROGRAMS ELECTRICITY For an additional amount for ‘‘Electricity’’, $1,000,000,000, to remain available until expended, to carry out activities to improve the resilience of the Puerto Rican electric grid, including grants for low and moderate income households and households that include individuals with disabilities for the purchase and installa- tion of renewable energy, energy storage, and other grid tech- nologies: Provided, That the Department of Energy shall coordinate with the Federal Emergency Management Agency and the Depart- ment of Housing and Urban Development on these activities.
POWER MARKETING ADMINISTRATIONS CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA POWER ADMINISTRATION For an additional amount for ‘‘Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration’’, $520,000,000, to remain available until expended, for the purchase of power and transmission services: Provided, That the amount made available under this heading in this Act shall be derived from the general fund of the Treasury and shall be reimbursable from amounts collected by the Western Area Power Administration H. R. 2617—755 pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses: Provided further, That of the amount made available under this heading in this Act, up to $100,000,000 may be trans- ferred to Western Area Power Administration’s Colorado River Basins Power Marketing Fund account to be used for the same purposes as outlined under this heading.
TITLE V INDEPENDENT AGENCIES GENERAL SERVICES ADMINISTRATION REAL PROPERTY ACTIVITIES FEDERAL BUILDINGS FUND For an additional amount to be deposited in the ‘‘Federal Buildings Fund’’, $36,788,390, to remain available until expended, for necessary expenses related to the consequences of Hurricane Ian, for repair and alteration of buildings under the jurisdiction, custody and control of the Administrator of General Services, and real property management and related activities not otherwise pro- vided for: Provided, That the amount provided under this heading in this Act may be used to reimburse the Fund for obligations incurred for this purpose prior to the date of the enactment of this Act.
SMALL BUSINESS ADMINISTRATION DISASTER LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ‘‘Disaster Loans Program Account’’ for the cost of direct loans authorized by section 7(b) of the Small Business Act, $858,000,000, to remain available until expended, of which $8,000,000 shall be transferred to and merged with ‘‘Office of Inspector General’’ for audits and reviews of disaster loans and the disaster loans programs; and of which $850,000,000 may be transferred to and merged with ‘‘Salaries and Expenses’’ for administrative expenses to carry out the disaster loan program or any disaster loan authorized by section 7(b) of the Small Business Act.
TITLE VI DEPARTMENT OF HOMELAND SECURITY SECURITY, ENFORCEMENT, AND INVESTIGATIONS COAST GUARD OPERATIONS AND SUPPORT For an additional amount for ‘‘Operations and Support’’, $39,250,000, to remain available until September 30, 2024, for H. R. 2617—756 necessary expenses related to the consequences of Hurricanes Fiona and Ian.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For an additional amount for ‘‘Procurement, Construction, and Improvements’’, $115,500,000, to remain available until September 30, 2027, for necessary expenses related to the consequences of Hurricanes Fiona and Ian.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER RELIEF FUND (INCLUDING TRANSFER OF FUNDS) for For an additional amount ‘‘Disaster Relief Fund’’, $5,000,000,000, to remain available until expended, for major disas- ters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.
5121 et seq.

), of which $13,000,000 shall be transferred to ‘‘Office of the Inspector Gen- eral—Operations and Support’’ for audits and investigations of activities funded under this heading.
HERMIT’S PEAK/CALF CANYON FIRE ASSISTANCE ACCOUNT (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Hermit’s Peak/Calf Canyon Fire Assistance Account’’, $1,450,000,000, to remain available until expended, to carry out the Hermit’s Peak/Calf Canyon Fire Assist- ance Act, of which $1,000,000 shall be transferred to ‘‘Office of the Inspector General—Operations and Support’’ for oversight of activities authorized by the Hermit’s Peak/Calf Canyon Fire Assist- ance Act: Provided, That the amounts provided under this heading in this Act shall be subject to the reporting requirement in the third proviso of section 136 of the Continuing Appropriations Act, 2023 (division A of Public Law 117–180).
GENERAL PROVISIONS—THIS TITLE SEC.

2601.
Notwithstanding sections 104(c) and (d) of the Her- mit’s Peak/Calf Canyon Fire Assistance Act (division G of Public Law 117–180), the Federal Emergency Management Agency may compensate for the replacement of water treatment facilities, to the extent necessitated by the Hermit’s Peak/Calf Canyon Fire, in lieu of compensating for temporary injury, in an amount not to exceed $140,000,000 from funds made available under the heading ‘‘Hermit’s Peak/Calf Canyon Fire Assistance Account’’ in this Act or in section 136 of the Continuing Appropriations Act, 2023 (division A of Public Law 117–180).
SEC.

2602.
For necessary expenses related to providing customs and immigration inspection and pre-inspection services at, or in support of ports of entry, pursuant to section 1356 of title 8, United States Code, and section 58c(f) of title 19, United States Code, and in addition to any other funds made available for this purpose, H. R. 2617—757 there is appropriated, out of any money in the Treasury not other- wise appropriated, $309,000,000, to offset the loss of Immigration User Fee receipts collected pursuant to section 286(h) of the Immigration and Nationality Act (8 U.S.C.
1356(h)), and fees for certain customs services collected pursuant to paragraphs (1) through (8) and paragraph (10) of subsection (a) of section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.

58c(a)(1)–(8) and (a)(10)).


TITLE VII DEPARTMENT OF THE INTERIOR UNITED STATES FISH AND WILDLIFE SERVICE CONSTRUCTION For an additional amount for ‘‘Construction’’, $247,000,000, to remain available until expended, for necessary expenses related to the consequences of wildfires, hurricanes, and other natural disasters occurring in and prior to calendar year 2023, including winter storm damages at Midway Atoll National Wildlife Refuge.
NATIONAL PARK SERVICE CONSTRUCTION For an additional amount for ‘‘Construction’’, $1,500,000,000, to remain available until expended, for necessary expenses related to the consequences of wildfires, hurricanes, and other natural disasters occurring in and prior to calendar year 2023.
UNITED STATES GEOLOGICAL SURVEY SURVEYS, INVESTIGATIONS, AND RESEARCH For an additional amount for ‘‘Surveys, Investigations, and Research’’, $41,040,000, to remain available until expended, for necessary expenses related to the consequences of wildfires, hurri- canes, and other natural disasters occurring in and prior to calendar year 2023.
INDIAN AFFAIRS BUREAU OF INDIAN AFFAIRS OPERATION OF INDIAN PROGRAMS For an additional amount for ‘‘Operation of Indian Programs’’, $44,500,000, to remain available until expended, for necessary expenses related to the consequences of wildfires, hurricanes, and other natural disasters occurring in and prior to calendar year 2023.
CONSTRUCTION For an additional amount for ‘‘Construction’’, $2,500,000, to remain available until expended, for necessary expenses related H. R. 2617—758 to the consequences of wildfires, hurricanes, and other natural disasters occurring in and prior to calendar year 2023.
BUREAU OF INDIAN EDUCATION EDUCATION CONSTRUCTION For an additional amount ‘‘Education Construction’’, $90,465,000, to remain available until expended, for necessary expenses related to the consequences of flooding at the To’Hajiilee Community School.

for DEPARTMENTAL OFFICES DEPARTMENT-WIDE PROGRAMS WILDLAND FIRE MANAGEMENT For an additional amount for ‘‘Wildland Fire Management’’, $75,000,000, to remain available until expended, for wildland fire suppression activities.
For an additional amount for ‘‘Wildland Fire Management’’, $429,000,000, to remain available until expended: Provided, That of the funds provided under this paragraph in this Act, $383,657,000 shall be available for wildfire suppression operations, and is pro- vided to meet the terms of section 4004(b)(5)(B) of S. Con.

Res.

14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(g)(2) of H. Res.
1151 (117th Con- gress), as engrossed in the House of Representatives on June 8, 2022: Provided further, That of the funds provided under this para- graph in this Act, $45,343,000 shall be available for fire prepared- ness.
ENVIRONMENTAL PROTECTION AGENCY LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM For an additional amount for ‘‘Leaking Underground Storage Tank Trust Fund Program’’, $1,000,000, to remain available until expended, for necessary expenses related to the consequences of Hurricanes Fiona and Ian.
STATE AND TRIBAL ASSISTANCE GRANTS For an additional amount for ‘‘State and Tribal Assistance Grants’’, $1,067,210,000, to remain available until expended, of which $665,210,000 shall be for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, and of which $402,000,000 shall be for capital- ization grants under section 1452 of the Safe Drinking Water Act: Provided, That notwithstanding section 604(a) of the Federal Water Pollution Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated under this paragraph in this Act shall be provided to States or Territories in EPA Regions 2 and 4 in amounts determined by the Administrator for wastewater treatment works and drinking water facilities impacted by Hurri- canes Fiona and Ian: Provided further, That States or Territories shall prioritize funds, as appropriate, to Tribes and disadvantaged H. R. 2617—759 communities: Provided further, That notwithstanding the require- ments of section 603(i) of the Federal Water Pollution Control Act and section 1452(d) of the Safe Drinking Water Act, for the funds appropriated under this paragraph in this Act, each State shall use 100 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants, or any combination of these: Provided further, That the funds appro- priated under this paragraph in this Act shall
 be used for eligible projects whose purpose is to reduce flood or fire damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or natural disaster at treatment works, as defined by section 212 of the Federal Water Pollution Control Act, or any eligible facilities under section 1452 of the Safe Drinking Water Act, and for other eligible tasks at such treatment works or facilities necessary to further such purposes: Provided further, That the funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That funds provided under this para- graph in this Act shall not be subject to the matching or cost share requirements of sections 602(b)(2), 602(b)(3), or 202 of the Federal Water Pollution Control Act: Provided further, That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated under this paragraph in this Act for management and oversight.
For an additional amount for ‘‘State and Tribal Assistance Grants’’, $150,000,000, to remain available until expended, for tech- nical assistance and grants under section 1442(b) of the Safe Drinking Water Act (42 U.S.C.

300j–1(b)) in areas where the Presi- dent 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.
5121 et seq.

): Provided, That the Administrator of the Environmental Protection Agency may retain up to three percent of the amounts made available under this paragraph in this Act for salaries, expenses, and administration: Provided further, That the agency shall submit an annual report to the Committees on Appropriations until all funds have been obligated, with a status on the use of funds for this effort.
For an additional amount for ‘‘State and Tribal Assistance Grants’’, $450,000,000, to remain available until expended, for capitalization grants under section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j–12): Provided, That notwithstanding section 1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated under this paragraph in this Act shall be provided to States or Territories in EPA Region 4 in amounts determined by the Adminis- trator in areas where there the President declared an emergency in August of fiscal year 2022 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.
): Provided further, That notwithstanding the requirements of section 1452(d) of the Safe Drinking Water Act, for the funds appropriated under this paragraph in this Act, each State shall use 100 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgive- ness of principal, grants, negative interest loans, other loan forgive- ness, and through buying, refinancing, or restructuring debt or any combination thereof: Provided further, That the funds provided under this paragraph in this Act shall not be subject to the matching H. R. 2617—760 or cost share requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That the Administrator of the Environ- mental Protection Agency may retain up to $1,000,000 of the funds appropriated under this paragraph in this Act for management and oversight.
RELATED AGENCIES DEPARTMENT OF AGRICULTURE FOREST SERVICE FOREST AND RANGELAND RESEARCH For an additional amount for ‘‘Forest and Rangeland Research’’, $2,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2020, 2021, and 2022 wildfires, hurricanes, and other natural disasters.
STATE AND PRIVATE FORESTRY For an additional amount for ‘‘State and Private Forestry’’, $148,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2020, 2021, and 2022 wildfires, hurricanes, and other natural disasters: Pro- vided, That of the amounts made available under this heading in this Act, up to $20,000,000 is for grants to states to support economic recovery activities in communities damaged by wildfire: Provided further, That of the amounts made available under this heading in this Act, no less than $100,000,000 is for cooperative lands forest management activities.
NATIONAL FOREST SYSTEM For an additional amount for ‘‘National Forest System’’, $210,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2020, 2021, and 2022 wildfires, hurricanes, and other natural disasters, including for high priority post-wildfire restoration for watershed protection, public access and critical habitat, hazardous fuels mitiga- tion for community protection, and burned area recovery.
CAPITAL IMPROVEMENT AND MAINTENANCE For an additional amount for ‘‘Capital Improvement and Maintenance’’, $150,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2020, 2021, and 2022 wildfires, hurricanes, and other natural disasters.

WILDLAND FIRE MANAGEMENT For an additional amount for ‘‘Wildland Fire Management’’, $375,000,000, to remain available until expended, for wildland fire suppression activities.
For an additional amount for ‘‘Wildland Fire Management’’, $1,171,000,000, to remain available until expended: Provided, That in this Act, of the funds provided under this paragraph H. R. 2617—761 $1,011,000,000 shall be available for wildfire suppression oper- ations, and is provided to meet the terms of section 4004(b)(5)(B) of S. Con.

Res.

14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(g)(2) of H. Res.
1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022: Provided further, That of the funds provided under this paragraph in this Act, $160,000,000 shall be available for forest fire presuppression.
TITLE VIII DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT For an additional amount for ‘‘CDC-Wide Activities and Pro- gram Support’’, $86,000,000, to remain available until September 30, 2024, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian: Provided, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for such purposes, prior to the date of enactment of this Act.
NATIONAL INSTITUTES OF HEALTH NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For an additional amount for ‘‘National Institute of Environ- mental Health Sciences’’, $2,500,000, to remain available until expended, for necessary expenses in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 related to the consequences of major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.)

in 2022.
OFFICE OF THE DIRECTOR (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Office of the Director’’, $25,000,000, to remain available until September 30, 2024, for necessary expenses directly related to the consequences of Hurri- canes Fiona and Ian: Provided, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for such purposes, prior to the date of enactment of this Act: Provided further, That funds appropriated under this heading in this Act may be transferred to the accounts of Institutes and Centers of the National Institutes of Health (NIH): Provided further, That this transfer authority is in addition to any other transfer authority available to the NIH.
H. R. 2617—762 ADMINISTRATION FOR CHILDREN AND FAMILIES LOW INCOME HOME ENERGY ASSISTANCE For an additional amount for ‘‘Low Income Home Energy Assist- ance’’, $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.
8621 et seq.

): Provided, That of the funds made available under this heading in this Act, $500,000,000 shall be allocated as though the total appropriation for such payments for fiscal year 2023 was less than $1,975,000,000.

For an additional amount for ‘‘Low Income Home Energy Assist- ance’’, $2,500,000,000, to remain available until September 30, 2023, for making payments under subsection (b) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C.

8621 et seq.).
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT For an additional amount for ‘‘Payments to States for the Child Care and Development Block Grant’’, $100,000,000, to remain available through September 30, 2024, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian, including activities authorized under section 319(a) of the Public Health Service Act: Provided, That the Secretary shall allocate such funds to States, Territories, and tribes based on assessed need notwithstanding sections 658J and 658O of the Child Care and Development Block Grant Act of 1990: Provided further, That not to exceed 2 percent of funds appropriated under this heading in this Act may be reserved, to remain available until expended, for Federal administration costs: Provided further, That such funds may be used for alteration, renovation, construction, equipment, and other capital improvement costs, including for child care facili- ties without regard to section 658F(b) of such Act, and for other expenditures related to child care, as necessary to meet the needs of areas affected by Hurricanes Fiona and Ian: Provided further, That funds made available under this heading in this Act may be used without regard to section 658G of such Act and with amounts allocated for such purposes excluded from the calculation of percentages under subsection 658E(c)(3) of such Act: Provided further, That notwithstanding section 658J(c) of such Act, funds allotted to a State may be obligated by the State
 in that fiscal year or the succeeding three fiscal years: Provided further, That Federal interest provisions will not apply to the renovation or construction of privately-owned family child care homes, and the Secretary shall develop parameters on the use of funds for family child care homes: Provided further, That the Secretary shall not retain Federal interest after a period of 10 years (from the date on which the funds are made available to purchase or improve the property) in any facility renovated or constructed with funds made available under this heading in this Act: Provided further, That funds made available under this heading in this Act shall not be available for costs that are reimbursed by the Federal Emer- gency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That funds appropriated under this heading in this Act may be made available to restore amounts, H. R. 2617—763 either directly or through reimbursement, for obligations incurred for such purposes, prior to the date of enactment of this Act.
CHILDREN AND FAMILIES SERVICES PROGRAMS For an additional amount for ‘‘Children and Families Services Programs’’, $408,000,000, to remain available until September 30, 2027, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian, including activities authorized under section 319(a) of the Public Health Service Act: Provided, That $345,000,000 of the amount provided under this heading in this Act shall be for Head Start programs, including making payments under the Head Start Act: Provided further, That none of funds made available in the preceding proviso shall be included in the calculation of the ‘‘base grant’’ in subsequent fiscal years, as such term is defined in sections 640(a)(7)(A) of the Head Start Act: Provided further, That funds made available in first proviso are not subject to the allocation requirements of section 640(a) of the Head Start Act or the matching requirements of section 640(b) of such Act: Provided further, That $10,000,000 of the amount provided under this heading in this Act shall be for payments to States, Territories, and tribes for activities authorized under subpart 1 of part B of title IV of the Social Security Act, with such funds allocated based on assessed need notwithstanding sec- tion 423 of such Act and paid without regard to percentage limita- tions in subsections (a), (c), or (e) in section 424 of such Act: Provided further, That $10,000,000 of the amount provided under this heading in this Act shall be for payments to States,
 Territories, tribes, and coalitions for carrying out sections 303(a) and 303(b) of the Family Violence Prevention and Services Act, notwith- standing the matching requirements in section 306(c)(4) of such Act and allocated based on assessed need, notwithstanding section 303(a)(2) of such Act: Provided further, That the Secretary may make funds made available under the preceding proviso available for providing temporary housing and assistance to victims of family, domestic, and dating violence: Provided further, That
 funds made available by the fifth proviso shall be available for expenditure, by a State, Territory, tribe, coalition, or any recipient of funds from a grant, through the end of fiscal year 2027: Provided further, That $25,000,000 of the amount made available under this heading in this Act shall be for payments to States, territories, and tribes authorized under the Community Services Block Grant Act, with such funds allocated based on assessed need, notwithstanding sec- tions 674(b), 675A, and 675B of such Act: Provided further, That notwithstanding section 676(b)(8) of the Community Services Block Grant Act, each State, Territory, or tribe receiving funds made available under the preceding proviso may allocate funds to eligible entities based on assessed need: Provided further, That for services furnished under the CSBG Act with funds appropriated under this heading in this Act, a State, territory or tribe that receives a supplemental grant award may apply the last sentence of section 673(2) of the CSBG Act by substituting ‘‘200 percent’’ for ‘‘125 percent’’: Provided further, That funds made available under this heading in this Act may be used for alteration, renovation, construc- tion, equipment, and other capital improvement costs as necessary to meet the needs of areas affected by Hurricanes Fiona and Ian: Provided further, That the Secretary shall not retain Federal H. R. 2617—764 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 appro- priated under this heading in this Act, with the exception of funds appropriated for Head Start programs: Provided further, That funds made available under this heading in this Act shall not be available for costs that are reimbursed by the Federal Emergency Manage- ment Agency, under a contract for insurance, or by self-insurance: Provided further, That up to $18,000,000, to remain available
 until expended, shall be available for Federal administrative expenses: Provided further, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for such pur- poses, prior to the date of enactment of this Act.
OFFICE OF THE SECRETARY PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ‘‘Public Health and Social Services Emergency Fund’’, $128,792,000, to remain available until Sep- tember 30, 2024, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian, including activities authorized under section 319(a) of the Public Health Service Act (referred to under this heading as the ‘‘PHS Act’’): Provided, That funds made available under this heading in this Act may be used for alteration, renovation, construction, equipment, and other cap- ital improvement costs as necessary to meet the needs of areas affected by Hurricanes Fiona and Ian: Provided further, That funds made available under this heading in this Act may be used for the purchase or hire of vehicles: Provided further, That of the amount made available under this heading in this Act, $65,000,000 shall be transferred to ‘‘Health Resources and Services Administra- tion—Primary Health Care’’ for expenses directly related to a dis- aster or emergency for disaster response and recovery, for the Health Centers Program under section 330 of the PHS Act, including alteration, renovation, construction, equipment, and other capital improvement costs as necessary to meet the needs of areas affected by a disaster or emergency: Provided further, That the time limitation in section 330(e)(3) of the PHS Act shall not apply to funds made available under the preceding proviso: Provided further, That of the amount made available under this heading in this Act, not less than $22,000,000 shall be transferred to ‘‘Sub- stance Abuse and Mental Health Services Administration—Health Surveillance and Program Support’’ for grants, contracts, and cooperative agreements for behavioral health treatment (including screening and diagnosis), treatment of substance use disorders (including screening and diagnosis), crisis counseling, and other related helplines, and for other similar programs to provide
 support to individuals impacted by a disaster or emergency: Provided fur- ther, That of the amount made available under this heading in this Act, not less than $15,000,000 shall be transferred to ‘‘Adminis- tration for Community Living—Aging and Disability Services Pro- grams’’ for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian: Provided further, That funds made H. R. 2617—765 available under the preceding proviso are not subject to the allot- ment, reservation, matching, or application and State and area requirements of the Older Americans Act of 1965 and Rehabilitation Act of 1973: Provided further, That of the amount made available under this heading in this Act, not less than $392,000 shall be transferred to ‘‘Food and Drug Administration—Buildings and Facilities’’ for costs related to repair of facilities, for replacement of equipment, and for other increases in facility-related costs due to the consequences of Hurricanes Fiona and Ian: Provided further, That of the amount made available under this heading in this Act, up to $2,000,000, to remain available until expended, shall be transferred to ‘‘Office of the Secretary—Office of Inspector Gen- eral’’ for oversight of activities responding to such disasters or emergencies.
GENERAL PROVISIONS—THIS TITLE SEC.

2801.
(a) IN GENERAL.—As the Secretary of Health and Human Services determines necessary to respond to a critical hiring need for emergency response positions, after providing public notice and without regard to the provisions of sections 3309 through 3319 of title 5, United States Code, the Secretary may appoint candidates directly to the following positions, consistent with sub- section (b), to perform critical work directly relating to the con- sequences of Hurricanes Fiona and Ian: (1) Intermittent disaster-response personnel in the National Disaster Medical System, under section 2812 of the Public Health Service Act (42 U.S.C.
300hh–11).

(2) Term or temporary related positions in the Centers for Disease Control and Prevention and the Office of the Assist- ant Secretary for Preparedness and Response.

(b) EXPIRATION.—The authority under subsection (a) shall expire 270 days after the date of enactment of this section.

SEC.

2802.
Not later than 45 days after the date of enactment of this Act, the agencies receiving funds appropriated by this title shall provide a detailed operating plan of anticipated uses of funds made available in this title by State and Territory, and by program, project, and activity, to the Committees on Appropriations: Pro- vided, That no such funds shall be obligated before the operating plans are provided to the Committees: Provided further, That such plans shall be updated, including obligations to date and anticipated use of funds made available in this title, and submitted to the Committees on Appropriations biweekly until all such funds are expended.
TITLE IX DEPARTMENT OF DEFENSE MILITARY CONSTRUCTION, NAVY AND MARINE CORPS For an additional amount for ‘‘Military Construction, Navy and Marine Corps’’, $41,040,000, to remain available until Sep- tember 30, 2025, for necessary expenses related to the consequences of Hurricanes Ian and Fiona: Provided, That, not later than 60 days after the date of enactment of this Act, the Secretary of the Navy, or their designee, shall submit to the Committees on Appropriations of the House of Representatives and the Senate H. R. 2617—766 an expenditure plan for funds provided under this heading in this Act: Provided further, That such funds may be obligated or expended for planning and design and military construction projects not other- wise authorized by law.
TITLE X DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION EMERGENCY RELIEF PROGRAM For an additional amount for the ‘‘Emergency Relief Program’’ as authorized under section 125 of title 23, United States Code, $803,000,000, to remain available until expended: Provided, That notwithstanding subsection (e) of section 120 of title 23, United States Code, for this fiscal year and hereafter, the Federal share for Emergency Relief funds made available under section 125 of such title to respond to damage caused by Hurricane Fiona, shall be 100 percent.
FEDERAL TRANSIT ADMINISTRATION PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM For an additional amount for ‘‘Public Transportation Emergency Relief Program’’ as authorized under section 5324 of title 49, United States Code, $213,905,338, to remain available until expended, for transit systems affected by major declared disasters occurring in calendar years 2017, 2020, 2021, and 2022: Provided, That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under sections 5334 and 5338(c)(2) of such title and shall be in addition to any other appropriations for such purpose.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PUBLIC AND INDIAN HOUSING TENANT-BASED RENTAL ASSISTANCE For an additional amount for ‘‘Tenant-Based Rental Assist- ance’’, $2,653,580,000, to remain available until expended, for activi- ties specified in paragraph (1) (excluding any set-asides) of such heading in title II of division L of this consolidated Act.
COMMUNITY PLANNING AND DEVELOPMENT COMMUNITY DEVELOPMENT FUND (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ‘‘Community Development Fund’’, $3,000,000,000, to remain available until expended, for the same purposes and under the same terms and conditions as funds appro- priated under such heading in title VIII of the Disaster Relief H. R. 2617—767 Supplemental Appropriations Act, 2022 (division B of Public Law 117–43), except that such amounts shall be for major disasters that occurred in 2022 or later until such funds are fully allocated and the fourth, twentieth, and twenty-first provisos under such heading in such Act shall not apply: Provided, That amounts made available under this heading in this Act and under such heading in such Act may be used by a grantee to assist utilities as part of a disaster-related eligible activity under section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)): Provided further, That of the amounts made available under this heading in this Act, up to $10,000,000 shall be made available for capacity building and technical assistance, including assistance on contracting and procurement processes, to support States, units of general local government, or Indian tribes (and their subrecipients) that receive allocations related to major disas- ters under this heading in this, prior, or future Acts: Provided further, That of the amounts made available under this heading in this Act, up to $5,000,000 shall be transferred to ‘‘Department of Housing and Urban Development—Program Office Salaries and Expenses—Community Planning and Development’’ for necessary costs, including information technology costs, of administering and overseeing the obligation and expenditure of amounts made avail- able under this heading in this Act or any prior or future Act that makes amounts available for purposes related to major disas- ters under such heading: Provided further, That the amount speci- fied in the preceding proviso shall be combined with funds appro- priated under this same heading for this same purpose in any prior Acts and the aggregate of such amounts shall be available for the costs of administering and overseeing any funds appropriated to the Department related to major disasters in this, prior, or future Acts, notwithstanding the purposes for which such funds were appropriated: Provided further, That of the amounts made available under this heading in this Act, up to $5,000,000 shall be transferred to ‘‘Department of Housing and Urban Develop- ment—Office of the Inspector General’’ for necessary costs of over- seeing and auditing amounts made available under this heading in this Act or any prior or future Act that makes amounts available for purposes related to major disasters under such heading: Pro- vided further, That amounts repurposed under this heading that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Def- icit Control Act of 1985 or a concurrent resolution on the budget are designated by the Congress as an emergency requirement pursu- ant to section 4001(a)(1) of S. Con.
Res.

14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res.

1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.

HOUSING PROGRAMS PROJECT-BASED RENTAL ASSISTANCE For an additional amount for ‘‘Project-Based Rental Assistance’’, $969,420,000, to remain available until expended.

H. R. 2617—768 TITLE XI GENERAL PROVISIONS—THIS ACT SEC.

21101.
21101.

Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved.

SEC.

21102.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

SEC.

21103.
SEC.

21103.

Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2023.

SEC.

21104.

Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con.

Res.
Res.

14 (117th Congress), the concur- rent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res.

1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.

This division may be cited as the ‘‘Disaster Relief Supplemental Appropriations Act, 2023’’.

DIVISION O—EXTENDERS AND TECHNICAL CORRECTIONS TITLE I—NATIONAL CYBERSECURITY PROTECTION SYSTEM AUTHORIZA- TION EXTENSION SEC.

101.

EXTENSION OF DHS AUTHORITY AND REPORTING.


Section 227(a) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C.

1525(a)) is amended by striking ‘‘the date that is 7 years after the date of enactment of this Act’’ and inserting ‘‘September 30, 2023’’.

TITLE II—NDAA TECHNICAL CORRECTIONS SEC.

201.

BASIC NEEDS ALLOWANCE TECHNICAL CORRECTION.
(a) IN GENERAL.—Subsection (a) of section 611 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is amended— (1) in the matter preceding paragraph (1), by striking ‘‘402b(b)’’ and inserting ‘‘402b’’; (2) by striking paragraph (1) and inserting the following: ‘‘(1) in subsection (b)(2)— ‘‘(A) by inserting ‘(A)’ before ‘the gross’; ‘‘(B) by striking ‘130 percent’ and inserting ‘150 per- cent’; ‘‘(C) by striking ‘; and’ and inserting ‘; or’; and ‘‘(D) by inserting at the end the following: H. R. 2617—769 ‘‘ ‘(B) if the Secretary concerned determines it appropriate (based on location, household need, or special circumstance), the gross household income of the member during the most recent calendar year did not exceed an amount equal to 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and’; and’’; and (3) by striking paragraph (2) and inserting the following: ‘‘(2) in subsection (c)(1)(A), by striking ‘130 percent’ and inserting ‘150 percent (or, in the case of a member described in subsection (b)(2)(B), 200 percent)’.’’.
(b) EFFECTIVE DATE.—The amendments made by this section shall take effect as if included in the enactment of such Act.

SEC.

202.

TECHNICAL CORRECTION RELATING TO APPLICABILITY OF AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY PROFESSIONAL SPORT CONSTITUTING BREACH OF AGREE- MENT TO SERVE AS AN OFFICER.
(a) IN GENERAL.—Section 553 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is amended by adding at the end the following new subsection: ‘‘(d) APPLICABILITY.—The amendments made by this section shall only apply with respect to a cadet or midshipman who first enrolls in the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on or after June 1, 2021.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 and apply as if originally included in the enactment of such Act.

TITLE III—IMMIGRATION EXTENSIONS SEC.

301.

E-VERIFY.

Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.

1324a note) shall be applied by substituting ‘‘September 30, 2023’’ for ‘‘September 30, 2015’’.

SEC.
SEC.

302.

NON-MINISTER RELIGIOUS WORKERS.

Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(27)(C)(ii)) shall be applied by substituting ‘‘September 30, 2023’’ for ‘‘September 30, 2015’’.

SEC.

303.

H–2B SUPPLEMENTAL VISAS EXEMPTION.

Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consulta- tion with the Secretary of Labor, and upon determining that the needs of American businesses cannot be satisfied during fiscal year 2023 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by not more than the highest number of H–2B nonimmigrants who participated in the H–2B H. R. 2617—770 returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation.

SEC.

304.

RURAL HEALTHCARE WORKERS.

Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C.

1182 note) shall be applied by substituting ‘‘September 30, 2023’’ for ‘‘September 30, 2015’’.
TITLE IV—ENVIRONMENT AND PUBLIC WORKS MATTERS SEC.

401.

ESTABLISHMENT OF REGIONAL COMMISSION FOR THE GREAT LAKES.

(a) ESTABLISHMENT.— (1) IN GENERAL.—Section 15301(a) of title 40, United States Code, is amended by adding at the end the following: ‘‘(4) The Great Lakes Authority.’’.

(2) CONFORMING AMENDMENT.—Section 15101(1) of title 40, United States Code, is amended by inserting ‘‘or Authority’’ after ‘‘a Commission’’.
(b) DESIGNATION OF REGION.— (1) IN GENERAL.—Subchapter II of chapter 157 of title 40, United States Code, is amended by adding at the end the following: ‘‘§ 15734.

Great Lakes Authority ‘‘The region of the Great Lakes Authority shall consist of areas in the watershed of the Great Lakes and the Great Lakes System (as such terms are defined in section 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C.

1268(a)(3))), in each of the following States: ‘‘(1) Illinois.

‘‘(2) Indiana.
‘‘(2) Indiana.

‘‘(3) Michigan.

‘‘(4) Minnesota.

‘‘(5) New York.

‘‘(6) Ohio.

‘‘(7) Pennsylvania.

‘‘(8) Wisconsin.’’.

(2) CLERICAL AMENDMENT.—The analysis for subchapter II of chapter 157 of title 40, United States Code, is amended by adding at the end the following: ‘‘15734.

Great Lakes Authority.’’.

SEC.

402.

REAUTHORIZATION OF NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER SERVICES, COMMUNITY PARTNER- SHIP, AND REFUGE EDUCATION PROGRAMS.

Section 7(g) of the Fish and Wildlife Act of 1956 (16 U.S.C.
742f) is amended by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’.

SEC.

404.

PATRICK LEAHY LAKE CHAMPLAIN BASIN PROGRAM.

(a) IN GENERAL.—Section 120 of the Federal Water Pollution Control Act (33 U.S.C.
1270) is amended— (1) in the section heading, by inserting ‘‘PATRICK LEAHY’’ before ‘‘LAKE’’; H. R. 2617—771 (2) by inserting ‘‘Patrick Leahy’’ before ‘‘Lake Champlain Basin Program’’ each place it appears; (3) in subsection (g)(1), in the paragraph heading, by striking ‘‘LAKE’’ and inserting ‘‘PATRICK LEAHY LAKE’’; and (4) by amending subsection (i) to read as follows: ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator to carry out this section $35,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.’’.
(b) CONFORMING AMENDMENT.—Section 1201(c) of the Non- indigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.

4721) is amended by inserting ‘‘Patrick Leahy’’ before ‘‘Lake Champlain Basin Program’’.

(c) REFERENCES.—Any reference in law, regulation, map, docu- ment, paper, or other record of the United States to the ‘‘Lake Champlain Basin Program’’ shall be deemed to be a reference to the Patrick Leahy Lake Champlain Basin Program.

SEC.

405.

CLEAN SCHOOL BUS PROGRAM.


Section 741 of the Energy Policy Act of 2005 (42 U.S.C.
16091) is amended— (1) in subsection (a)— (A) in paragraph (4)— (i) in subparagraph (A)— (I) by inserting ‘‘, lease, license, or contract for service’’ after ‘‘to sell’’; and (II) by inserting ‘‘, lease, license, or contract for service’’ after ‘‘that own’’; and (ii) in subparagraph (B), by inserting ‘‘, lease, license, or contract for service’’ before the period at the end; and (B) in paragraph (5)(A)— (i) in clause (i)(II), by inserting ‘‘, lease, license, or contract for service’’ after ‘‘purchase’’; (ii) in clause (iii), by striking ‘‘or’’ at the end; (iii) by redesignating clause (iv) as clause (v); (iv) by inserting after clause (iii) the following: ‘‘(iv) a charter school (as defined in section 4310 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7221i)) responsible for the purchase, lease, license, or contract for service of school buses for that charter school; or’’; and (v) in subclause (II) of clause (v) (as so redesig- nated), by inserting ‘‘, lease, license, or contract for service’’ after ‘‘purchase’’; and (2) in subsection (b)(5)(A), by inserting ‘‘, except that, if the award is to an eligible contractor and the contract with the local educational agency (including charter schools oper- ating as local educational agencies under State law) ends before the end of the 5-year period, those school buses may be operated as part of another local educational agency eligible for the same or higher priority consideration under paragraph (4), subject to the limitations under paragraph (7)’’ before the semi- colon at the end.
H. R. 2617—772 TITLE V—SAFETY ENHANCEMENTS SEC.

501.

AMENDMENTS TO THE FLIGHT CREW ALERTING REQUIRE- MENTS.

(a) IN GENERAL.—Chapter 447 of title 49, United States Code, is amended by inserting after section 44743 the following: ‘‘§ 44744.
Flight crew alerting ‘‘(a) IN GENERAL.—Beginning on December 27, 2022, the Administrator may not issue a type certificate for a transport cat- egory airplane unless such airplane incorporates a flight crew alerting system that, at a minimum— ‘‘(1) displays and differentiates among warnings, cautions, and advisories; and ‘‘(2) includes functions to assist the flight crew in prioritizing corrective actions and responding to systems fail- ures.
‘‘(b) LIMITATION.—The prohibition in subsection (a) shall not apply to any application for an original or amended type certificate that was submitted to the Administrator prior to December 27, 2020.
‘‘(c) SAFETY ENHANCEMENTS.— ON AIRWORTHINESS ‘‘(1) RESTRICTION CERTIFICATE ISSUANCE.—Beginning on the date that is 1 year after the date on which the Administrator issues a type certificate for the Boeing 737-10, the Administrator may not issue an original airworthiness certificate for any Boeing 737 MAX aircraft unless the Administrator finds that the type design for the aircraft includes safety enhancements that have been approved by the Administrator.
‘‘(2) RESTRICTION ON OPERATION.—Beginning on the date that is 3 years after the date on which the Administrator issues a type certificate for the Boeing 737-10, no person may operate a Boeing 737 MAX aircraft unless— ‘‘(A) the type design for the aircraft includes safety enhancements approved by the Administrator; and ‘‘(B) the aircraft was— ‘‘(i) produced in conformance with such type design; or ‘‘(ii) altered in accordance with such type design.
‘‘(d) DEFINITIONS.—In this section: ‘‘(1) BOEING 737 MAX AIRCRAFT.—The term ‘Boeing 737 MAX aircraft’ means any— ‘‘(A) Model 737 series aircraft designated as a 737- 7, 737-8, 737-8200, 737-9, or 737-10; or ‘‘(B) other variant of a model described in subparagraph (A).
‘‘(2) SAFETY ENHANCEMENT.—The term ‘safety enhance- ment’ means any design change to the flight crew alerting system approved by the Administrator for the Boeing 737- 10, including— ‘‘(A) a— ‘‘(i) synthetic enhanced angle-of-attack system; and ‘‘(ii) means to shut off stall warning and overspeed alerts; or H. R. 2617—773 ‘‘(B) any design changes equivalent to subparagraph (A) determined appropriate by the Administrator.’’.
(b) REPEAL OF ACSAA SECTION 116(B)(1).—Section 116 of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C.
44704 note) is amended by striking subsection (b) and inserting the following: ‘‘(b) PROHIBITION.—Beginning on December 27, 2022, the Administrator may not issue a type certificate for a transport cat- egory aircraft unless, in the case of a transport category aircraft other than a transport airplane, the type certificate applicant pro- vides a means acceptable to the Administrator to assist the flight crew in prioritizing corrective actions and responding to systems failures (including by cockpit or flight manual procedures).’’.
(c) COSTS.—Any costs associated with the safety enhancements required by section 44744 of title 49, United States Code, as added by subsection (a), shall be borne by the holder of the type certificate.
(d) CONGRESSIONAL BRIEFINGS.—Not later than March 1, 2023, and on a quarterly basis thereafter, the Administrator shall brief Congress on the status of— (1) the issuance of a type certificate for the Boeing 737- 7 and 737-10, including any design enhancements, pilot proce- dures, or training requirements resulting from system safety assessments; and (2) the implementation of safety enhancements for Boeing 737 MAX aircraft, as required by section 44744 of title 49, United States Code, as added by subsection (a).
(e) CLERICAL AMENDMENT.—The chapter analysis for chapter 447 of title 49, United States Code, is amended by inserting after the item relating to section 44743 the following: ‘‘44744.

Flight Crew Alerting.’’.

TITLE VI—EXTENSION OF TEMPORARY FENTANYL-RELATED FOR ORDER SUBSTANCES SEC.

601.

EXTENSION OF TEMPORARY ORDER FOR FENTANYL- RELATED SUBSTANCES.
Effective as if included in the enactment of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (Public Law 116–114), section 2 of such Act is amended by striking ‘‘December 31, 2022’’and inserting ‘‘December 31, 2024’’.

TITLE VII—FEDERAL TRADE COMMIS- SION OVERSIGHT OF HORSERACING INTEGRITY AND SAFETY AUTHORITY SEC.

701.

FEDERAL TRADE COMMISSION OVERSIGHT OF HORSE- RACING INTEGRITY AND SAFETY AUTHORITY.
Section 1204(e) of the Horseracing Integrity and Safety Act of 2020 (15 U.S.C.
3053(e)) is amended to read as follows: ‘‘(e) AMENDMENT BY COMMISSION OF RULES OF AUTHORITY.— The Commission, by rule in accordance with section 553 of title H. R. 2617—774 5, United States Code, may abrogate, add to, and modify the rules of the Authority promulgated in accordance with this Act as the Commission finds necessary or appropriate to ensure the fair administration of the Authority, to conform the rules of the Authority to requirements of this Act and applicable rules approved by the Commission, or otherwise in furtherance of the purposes of this Act.’’.
TITLE VIII—UNITED STATES PAROLE COMMISSION EXTENSION SEC.

801.

UNITED STATES PAROLE COMMISSION EXTENSION.

(a) SHORT TITLE.—This section may be cited as the ‘‘United States Parole Commission Additional Extension Act of 2022’’.

(b) AMENDMENT OF SENTENCING REFORM ACT OF 1984.—For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C.

3551 note; Public Law 98–473; 98 Stat.


2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ‘‘35 years and 46 days’’ or ‘‘35-year and 46-day period’’ shall be deemed a reference to ‘‘36 years’’ or ‘‘36-year period’’, respectively.

(c) EFFECTIVE DATE.—Subsection (b) shall take effect as though enacted as part of the Further Continuing Appropriations and Extensions Act, 2023.
(d) SUPERSEDED PROVISION.—Section 103 of division B of the Further Continuing Appropriations and Extensions Act, 2023 shall have no force or effect.

TITLE IX—EXTENSION OF FCC AUCTION AUTHORITY SEC.

901.

EXTENSION OF FCC AUCTION AUTHORITY.

Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.

309(j)(11)) is amended by striking ‘‘December 23, 2022’’ and inserting ‘‘March 9, 2023’’.

TITLE X—BUDGETARY EFFECTS SEC.

1001.

BUDGETARY EFFECTS.


(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects of this division and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.

(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this division and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con.

Res.

71 (115th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accom- panying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the H. R. 2617—775 budgetary effects of this division and each succeeding division shall not be estimated— (1) for purposes of section 251 of such Act; (2) for purposes of an allocation to the Committee on Appro- priations pursuant to section 302(a) of the Congressional Budget Act of 1974; and (3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.
(d) BALANCES ON THE PAYGO SCORECARDS.— (1) FISCAL YEAR 2023.—For the purposes of the annual report issued pursuant to section 5 of the Statutory Pay-As- You-Go Act of 2010 (2 U.S.C.
934) after adjournment of the second session of the 117th Congress, and for determining whether a sequestration order is necessary under such section, the debit for the budget year on the 5-year scorecard, if any, and the 10-year scorecard, if any, shall be deducted from such scorecards in 2023 and added to such scorecards in 2025.

(2) FISCAL YEAR 2024.—For the purposes of the annual report issued pursuant to section 5 of the Statutory Pay-As- You-Go Act of 2010 (2 U.S.C.
934) after adjournment of the first session of the 118th Congress, and for determining whether a sequestration order is necessary under such section, the debit for the budget year on the 5-year scorecard, if any, and the 10-year scorecard, if any, shall be deducted from such score- cards in 2024 and added to such scorecards in 2025.

DIVISION P—ELECTORAL COUNT RE- FORM AND PRESIDENTIAL TRANSI- TION IMPROVEMENT SEC.

1.

SHORT TITLE, ETC.


This division may be cited as the ‘‘Electoral Count Reform and Presidential Transition Improvement Act of 2022’’.

TITLE I—ELECTORAL COUNT REFORM ACT SEC.

101.

SHORT TITLE.

This title may be cited as the ‘‘Electoral Count Reform Act of 2022’’.

SEC.

102.

TIME FOR APPOINTING ELECTORS.

(a) IN GENERAL.—Title 3, United States Code, is amended by striking sections 1 and 2 and inserting the following: ‘‘§ 1.
Time of appointing electors ‘‘The electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day.’’.
(b) ELECTION DAY.—Section 21 of title 3, United States Code, is amended by redesignating subsections (a) and (b) as paragraphs (2) and (3), respectively, and by inserting before paragraph (2) (as so redesignated) the following: H. R. 2617—776 ‘‘(1) ‘election day’ means the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President held in each State, except, in the case of a State that appoints electors by popular vote, if the State modifies the period of voting, as necessitated by force majeure events that are extraordinary and cata- strophic, as provided under laws of the State enacted prior to such day, ‘election day’ shall include the modified period of voting.’’.
(c) CONFORMING AMENDMENT.—The table of contents for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 1 and inserting the following: ‘‘1.

Time of appointing electors.’’.

SEC.

103.

CLARIFICATION WITH RESPECT TO VACANCIES IN ELEC- TORAL COLLEGE.

Section 4 of title 3, United States Code, is amended by inserting ‘‘enacted prior to election day’’ after ‘‘by law’’.

SEC.

104.

CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF ELECTORS.
(a) DETERMINATION.—Section 5 of title 3, United States Code, is amended to read as follows: ‘‘§ 5.
Certificate of ascertainment of appointment of electors ‘‘(a) IN GENERAL.— ‘‘(1) CERTIFICATION.—Not later than the date that is 6 days before the time fixed for the meeting of the electors, the executive of each State shall issue a certificate of ascertain- ment of appointment of electors, under and in pursuance of the laws of such State providing for such appointment and ascertainment enacted prior to election day.
‘‘(2) FORM OF CERTIFICATE.—Each certificate of ascertain- ment of appointment of electors shall— ‘‘(A) set forth the names of the electors appointed and the canvass or other determination under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; ‘‘(B) bear the seal of the State; and ‘‘(C) contain at least one security feature, as deter- mined by the State, for purposes of verifying the authen- ticity of such certificate.
‘‘(b) TRANSMISSION.—It shall be the duty of the executive of ‘‘(1) to transmit to the Archivist of the United States, immediately after the issuance of a certificate of ascertainment of appointment of electors and by the most expeditious method available, such certificate of ascertainment of appointment of electors; and ‘‘(2) to transmit to the electors of such State, on or before the day on which the electors are required to meet under section 7, six duplicate-originals of the same certificate.
‘‘(c) TREATMENT OF CERTIFICATE AS CONCLUSIVE.—For purposes each State— of section 15: ‘‘(1) IN GENERAL.— ‘‘(A) CERTIFICATE ISSUED BY EXECUTIVE.—Except as provided in subparagraph (B), a certificate of ascertainment H. R. 2617—777 of appointment of electors issued pursuant to subsection (a)(1) shall be treated as conclusive in Congress with respect to the determination of electors appointed by the State.
ISSUED PURSUANT ‘‘(B) CERTIFICATES TO COURT ORDERS.—Any certificate of ascertainment of appointment of electors required to be issued or revised by any State or Federal judicial relief granted prior to the date of the meeting of electors shall replace and supersede any other certificates submitted pursuant to this section.
‘‘(2) DETERMINATION OF FEDERAL QUESTIONS.—The deter- mination of Federal courts on questions arising under the Con- stitution or laws of the United States with respect to a certifi- cate of ascertainment of appointment of electors shall be conclu- sive in Congress.
‘‘(d) VENUE AND EXPEDITED PROCEDURE.— ‘‘(1) IN GENERAL.—Any action brought by an aggrieved can- didate for President or Vice President that arises under the Constitution or laws of the United States with respect to the issuance of the certification required under section (a)(1), or the transmission of such certification as required under sub- section (b), shall be subject to the following rules: ‘‘(A) VENUE.—The venue for such action shall be the Federal district court of the Federal district in which the State capital is located.
‘‘(B) 3-JUDGE PANEL.—Such action shall be heard by a district court of three judges, convened pursuant to sec- tion 2284 of title 28, United States Code, except that— ‘‘(i) the court shall be comprised of two judges of the circuit court of appeals in which the district court lies and one judge of the district court in which the action is brought; and ‘‘(ii) section 2284(b)(2) of such title shall not apply.
‘‘(C) EXPEDITED PROCEDURE.—It shall be the duty of the court to advance on the docket and to expedite to the greatest possible extent the disposition of the action, consistent with all other relevant deadlines established by this chapter and the laws of the United States.
‘‘(D) APPEALS.—Notwithstanding section 1253 of title 28, United States Code, the final judgment of the panel convened under subparagraph (B) may be reviewed directly by the Supreme Court, by writ of certiorari granted upon petition of any party to the case, on an expedited basis, so that a final order of the court on remand of the Supreme Court may occur on or before the day before the time fixed for the meeting of electors.
‘‘(2) RULE OF CONSTRUCTION.—This subsection— ‘‘(A) shall be construed solely to establish venue and expedited procedures in any action brought by an aggrieved candidate for President or Vice President as specified in this subsection that arises under the Constitution or laws of the United States; and ‘‘(B) shall not be construed to preempt or displace any existing State or Federal cause of action.’’.
(b) EXECUTIVE OF A STATE.—Section 21 of title 3, United States Code, as amended by section 102(b), is amended by striking para- graph (3) and inserting the following: H. R. 2617—778 ‘‘(3) ‘executive’ means, with respect to any State, the Gov- ernor 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 identi- fied under this chapter.’’.
(c) CONFORMING AMENDMENTS.— (1) Section 9 of title 3, United States Code, is amended by striking ‘‘annex to each of the certificates one of the lists of the electors’’ and inserting ‘‘annex to each of the certificates of votes one of the certificates of ascertainment of appointment of electors’’.

(2) The table of contents for chapter 1 of title 3, United States Code, is amended by striking the items relating to sec- tions 5 inserting the following: ‘‘5.
Certificate of ascertainment of appointment of electors.’’.

SEC.

105.

DUTIES OF THE ARCHIVIST.

(a) IN GENERAL.—Section 6 of title 3, United States Code, is amended to read as follows: ‘‘§ 6.

Duties of Archivist ‘‘The certificates of ascertainment of appointment of electors received by the Archivist of the United States under section 5 shall— ‘‘(1) be preserved for one year; ‘‘(2) be a part of the public records of such office; and ‘‘(3) be open to public inspection.’’.
(b) CONFORMING AMENDMENT.—The table of contents for chapter 1 of title 3, United States Code, is amended by striking the items relating to section 6 and inserting the following: ‘‘6.

Duties of Archivist.’’.

SEC.

106.

MEETING OF ELECTORS.


(a) TIME FOR MEETING.—Section 7 of title 3, United States Code, is amended— (1) by striking ‘‘Monday’’ and inserting ‘‘Tuesday’’; and (2) by striking ‘‘as the legislature of such State shall direct’’ and inserting ‘‘in accordance with the laws of the State enacted prior to election day’’.
(b) CLARIFICATION ON SEALING OF CERTIFICATES OF VOTES.— Section 10 of such title is amended by striking ‘‘the certificates so made by them’’ and inserting ‘‘the certificates of votes so made by them, together with the annexed certificates of ascertainment of appointment of electors’’.

SEC.

107.

TRANSMISSION OF CERTIFICATES OF VOTES.

(a) IN GENERAL.—Section 11 of title 3, United States Code, is amended to read as follows: ‘‘§ 11.
Transmission of certificates by electors ‘‘The electors shall immediately transmit at the same time and by the most expeditious method available the certificates of votes so made by them, together with the annexed certificates of ascertainment of appointment of electors, as follows: ‘‘(1) One set shall be sent to the President of the Senate at the seat of government.
H. R. 2617—779 ‘‘(2) Two sets shall be sent to the chief election officer of the State, one of which shall be held subject to the order of the President of the Senate, the other to be preserved by such official for one year and shall be a part of the public records of such office and shall be open to public inspection.
‘‘(3) Two sets shall be sent to the Archivist of the United States at the seat of government, one of which shall be held subject to the order of the President of the Senate and the other of which shall be preserved by the Archivist of the United States for one year and shall be a part of the public records of such office and shall be open to public inspection.

‘‘(4) One set shall be sent to the judge of the district in which the electors shall have assembled.’’.
(b) CONFORMING AMENDMENT.—The table of contents for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 11 and inserting the following: ‘‘11.

Transmission of certificates by electors.’’.

SEC.

108.

FAILURE OF CERTIFICATE OF VOTES TO REACH RECIPIENTS.
(a) IN GENERAL.—Section 12 of title 3, United States Code, is amended— (1) by inserting ‘‘, after the meeting of the electors shall have been held,’’ after ‘‘When’’; (2) by striking ‘‘and list’’ each place it appears; (3) by striking ‘‘in December, after the meeting of the electors shall have been held,’’ and inserting ‘‘in December,’’; (4) by striking ‘‘or, if he be absent’’ and inserting ‘‘or, if the President of the Senate be absent’’; (5) by striking ‘‘secretary of State’’ and insert ‘‘chief election officer’’; (6) by striking ‘‘lodged with him’’ and inserting ‘‘lodged with such officer’’; (7) by striking ‘‘his duty’’ and inserting ‘‘the duty of such chief election officer of the State’’; and (8) by striking ‘‘by registered mail’’ and inserting ‘‘by the most expeditious method available’’.
(b) CONTINUED FAILURE.—Section 13 of title 3, United States Code, is amended— (1) by inserting ‘‘, after the meeting of the electors shall have been held,’’ after ‘‘When’’; (2) by striking ‘‘in December, after the meeting of the electors shall have been held,’’ and inserting ‘‘in December,’’; (3) by striking ‘‘or, if he be absent’’ and inserting ‘‘or, if the President of the Senate be absent’’; and (4) by striking ‘‘that list’’ and inserting ‘‘that certificate’’.
(c) ELIMINATION OF MESSENGER’S PENALTY.— (1) IN GENERAL.—Title 3, United States Code, is amended by striking section 14.

(2) CONFORMING AMENDMENT.—The table of contents for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 14.

SEC.

109.

CLARIFICATIONS RELATING TO COUNTING ELECTORAL VOTES.

(a) IN GENERAL.—Section 15 of title 3, United States Code, is amended to read as follows: ‘‘§ 15.
Counting electoral votes in Congress H. R. 2617—780 ‘‘(a) IN GENERAL.—Congress shall be in session on the sixth day of January succeeding every meeting of the electors.

The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o’clock in the afternoon on that day, and the President of the Senate shall be their presiding officer.
‘‘(b) POWERS OF THE PRESIDENT OF SENATE.— ‘‘(1) MINISTERIAL IN NATURE.—Except as otherwise provided in this chapter, the role of the President of the Senate while presiding over the joint session shall be limited to performing solely ministerial duties.
‘‘(2) POWERS EXPLICITLY DENIED.—The President of the Senate shall have no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper certificate of ascertainment of appointment of electors, the validity of electors, or the votes of electors.
‘‘(c) APPOINTMENT OF TELLERS.—At the joint session of the Senate and House of Representatives described in subsection (a), there shall be present two tellers previously appointed on the part of the Senate and two tellers previously appointed on the part of the House of Representatives by the presiding officers of the respective chambers.
‘‘(d) PROCEDURE AT JOINT SESSION GENERALLY.— ‘‘(1) IN GENERAL.—The President of the Senate shall— ‘‘(A) open the certificates and papers purporting to be certificates of the votes of electors appointed pursuant to a certificate of ascertainment of appointment of electors issued pursuant to section 5, in the alphabetical order of the States, beginning with the letter A; and ‘‘(B) upon opening any certificate, hand the certificate and any accompanying papers to the tellers, who shall read the same in the presence and hearing of the two Houses.
‘‘(2) ACTION ON CERTIFICATE.— ‘‘(A) IN GENERAL.—Upon the reading of each certificate or paper, the President of the Senate shall call for objec- tions, if any.
‘‘(B) REQUIREMENTS FOR OBJECTIONS OR QUESTIONS.— ‘‘(i) OBJECTIONS.—No objection or other question arising in the matter shall be in order unless the objection or question— ‘‘(I) is made in writing; ‘‘(II) is signed by at least one-fifth of the Sen- ators duly chosen and sworn and one-fifth of the Members of the House of Representatives duly chosen and sworn; and ‘‘(III) in the case of an objection, states clearly and concisely, without argument, one of the grounds listed under clause (ii).
‘‘(ii) GROUNDS FOR OBJECTIONS.—The only grounds for objections shall be as follows: ‘‘(I) The electors of the State were not lawfully certified under a certificate of ascertainment of appointment of electors according to section 5(a)(1).

‘‘(II) The vote of one or more electors has not been regularly given.
H. R. 2617—781 ‘‘(C) CONSIDERATION OF OBJECTIONS AND QUESTIONS.— ‘‘(i) IN GENERAL.—When all objections so made to any vote or paper from a State, or other question arising in the matter, shall have been received and read, the Senate shall thereupon withdraw, and such objections and questions shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections and questions to the House of Representa- tives for its decision.
‘‘(ii) DETERMINATION.—No objection or any other question arising in the matter may be sustained unless such objection or question is sustained by separate concurring votes of each House.

‘‘(D) RECONVENING.—When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted.
No vote or paper from any other State shall be acted upon until the objections previously made to any vote or paper from any State, and other questions arising in the matter, shall have been finally disposed of.
‘‘(e) RULES FOR TABULATING VOTES.— ‘‘(1) COUNTING OF VOTES.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B)— ‘‘(i) only the votes of electors who have been appointed under a certificate of ascertainment of appointment of electors issued pursuant to section 5, or who have legally been appointed to fill a vacancy of any such elector pursuant to section 4, may be counted; and ‘‘(ii) no vote of an elector described in clause (i) which has been regularly given shall be rejected.
‘‘(B) EXCEPTION.—The vote of an elector who has been appointed under a certificate of ascertainment of appoint- ment of electors issued pursuant to section 5 shall not be counted if— ‘‘(i) there is an objection which meets the require- ments of subsection (d)(2)(B)(i); and ‘‘(ii) each House affirmatively sustains the objec- tion as valid.
‘‘(2) DETERMINATION OF MAJORITY.—If the number of elec- tors lawfully appointed by any State pursuant to a certificate of ascertainment of appointment of electors that is issued under section 5 is fewer than the number of electors to which the State is entitled under section 3, or if an objection the grounds for which are described in subsection (d)(2)(B)(ii)(I) has been sustained, the total number of electors appointed for the pur- pose of determining a majority of the whole number of electors appointed as required by the Twelfth Amendment to the Con- stitution shall be reduced by the number of electors whom the State has failed to appoint or as to whom the objection was sustained.
‘‘(3) LIST OF VOTES BY TELLERS; DECLARATION OF WINNER.— The tellers shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted according to the rules in this subchapter provided, H. R. 2617—782 the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declara- tion of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses.’’.
(b) CONFORMING AMENDMENT.—The table of contents for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 15 and inserting the following: ‘‘15.

Counting electoral votes in Congress.’’.

SEC.

110.

RULES RELATING TO JOINT SESSION.

(a) LIMIT OF DEBATE IN EACH HOUSE.—Section 17 of title 3, United States Code, is amended to read as follows: ‘‘§ 17.
Same; limit of debate in each House ‘‘When the two Houses separate to decide upon an objection pursuant to section 15(d)(2)(C)(i) that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter— ‘‘(1) all such objections and questions permitted with respect to such State shall be considered at such time; ‘‘(2) each Senator and Representative may speak to such objections or questions for up to five minutes, and not more than once; ‘‘(3) the total time for debate for all such objections and questions with respect to such State shall not exceed two hours in each House, equally divided and controlled by the Majority Leader and Minority Leader, or their respective designees; and ‘‘(4) at the close of such debate, it shall be the duty of the presiding officer of each House to put each of the objections and questions to a vote without further debate.’’.
(b) PARLIAMENTARY PROCEDURE.—Section 18 of title 3, United States Code, is amended by inserting ‘‘under section 15(d)(2)(C)(i)’’ after ‘‘motion to withdraw’’.

(c) CONFORMING AMENDMENTS.— (1) Sections 16 of title 3, United States Code, is amended by striking ‘‘meeting’’ each place it appears in the text and in the heading and inserting ‘‘session’’.
(2) Sections 18 of title 3, United States Code, is amended by striking ‘‘meeting’’ each place it appears in the text and in the heading and inserting ‘‘session’’.

(3) The table of contents for chapter 1 of title 3, United States Code, is amended— (A) by striking ‘‘meeting’’ in the item relating to section 16 and inserting ‘‘session’’; and (B) by striking ‘‘meeting’’ in the item relating to section 18 and inserting ‘‘session’’.

SEC.

111.

SEVERABILITY.


(a) IN GENERAL.—Title 3, United States Code, is amended by inserting after section 21 the following new section: ‘‘§ 22.

Severability ‘‘If any provision of this chapter, or the application of a provision to any person or circumstance, is held to be H. R. 2617—783 unconstitutional, the remainder of this chapter, and the applica- tion of the provisions to any person or circumstance, shall not be affected by the holding.’’.
(b) CONFORMING AMENDMENT.—The table of contents for chapter 1 of title 3, United States Code, is amended by adding at the end the following: ‘‘22.

Severability.’’.

TITLE II—PRESIDENTIAL TRANSITION IMPROVEMENT ACT SEC.

201.

SHORT TITLE.

This title may be cited as the ‘‘Presidential Transition Improve- ment Act’’.

SEC.

202.

MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 1963.

(a) IN GENERAL.—Section 3 of the Presidential Transition Act of 1963 (3 U.S.C.
102 note) is amended by striking subsection (c) and inserting the following: ‘‘(c)(1) APPARENT SUCCESSFUL CANDIDATES.— ‘‘(A) IN GENERAL.—For purposes of this Act, the ‘apparent successful candidate’ for the office of President and Vice Presi- dent, respectively, shall be determined as follows: ‘‘(i) If all but one eligible candidate for the office of President and one eligible candidate for the office of Vice President, respectively, concede the election, then the can- didate for each such office who has not conceded shall be the apparent successful candidate for each such office.
‘‘(ii) If, on the date that is 5 days after the date of the election, more than one eligible candidate for the office of President has not conceded the election, then each of the remaining eligible candidates for such office and the office of Vice President who have not conceded shall be treated as the apparent successful candidates until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iii) or clause (iv).
‘‘(iii) If a single candidate for the office of President or Vice President is determined by the Administrator to meet the qualifications under subparagraph (B), the Administrator may determine that such candidate shall solely be treated as the apparent successful candidate for that office until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iv).
‘‘(iv) If a single candidate for the office of President or Vice President is the apparent successful candidate for such office under subparagraph (C), that candidate shall solely be treated as the apparent successful candidate for that office.
‘‘(B) INTERIM DISCRETIONARY QUALIFICATIONS.—On or after the date that is 5 days after the date of the election, the Administrator may determine that a single candidate for the office of President or Vice President shall be treated as the sole apparent successful candidate for that office pursuant to subparagraph (A)(iii) if it is substantially certain the candidate H. R. 2617—784 will receive a majority of the pledged votes of electors, based on consideration of the following factors: ‘‘(i) The results of the election for such office in States in which significant legal challenges that could alter the outcome of the election in the State have been substantially resolved, such that the outcome is substantially certain.
‘‘(ii) The certified results of the election for such office in States in which the certification is complete.

‘‘(iii) The results of the election for such office in States in which there is substantial certainty of an apparent successful candidate based on the totality of the cir- cumstances.
‘‘(C) MANDATORY QUALIFICATIONS.— ‘‘(i) IN GENERAL.—Notwithstanding subparagraph (A) or (B), a candidate shall be the sole apparent successful candidate for the office of President or Vice President pursuant to subparagraph (A)(iv) for purposes of this Act if— ‘‘(I) the candidate receives a majority of pledged votes of electors of such office based on certifications by States of their final canvass, and the conclusion of any recounts, legal actions, or administrative actions pertaining to the results of the election for such office; ‘‘(II) in the case where subclause (I) is not met, the candidate receives a majority of votes of electors of such office at the meeting and vote of electors under section 7 of title 3, United States Code; or ‘‘(III) in the case where neither subclause (I) or (II) is met, the candidate is declared as the person elected to such office at the joint session of Congress under section 15 of title 3, United States Code.
‘‘(ii) CLARIFICATION IF STATE UNABLE TO CERTIFY ELEC- TION RESULTS OR APPOINTS MORE THAN ONE SLATE OF ELEC- TORS.—For purposes of subclauses (I) and (II) of clause (i), if a State is unable to certify its election results or a State appoints more than one slate of electors, the votes of the electors of such State shall not count towards meeting the qualifications under such subclauses.
‘‘(2) PERIOD OF MULTIPLE POSSIBLE APPARENT SUCCESSFUL CAN- DIDATES.—During any period in which there is more than one possible apparent successful candidate for the office of President— ‘‘(A) the Administrator is authorized to provide, upon request, to each remaining eligible candidate for such office and the office of Vice President described in paragraph (1)(A)(ii) access to services and facilities pursuant to this Act; ‘‘(B) the Administrator, in conjunction with the Federal Transition Coordinator designated under section 4(c) and the senior career employee of each agency and senior career employee of each major component and subcomponent of each agency designated under subsection (f)(1) to oversee and imple- ment the activities of the agency, component, or subcomponent relating to the Presidential transition, shall make efforts to ensure that each such candidate is provided equal access to agency information and spaces as requested pursuant to this Act; ‘‘(C) the Administrator shall provide weekly reports to Con- gress containing a brief summary of the status of funds being H. R. 2617—785 distributed to such candidates under this Act, the level of access to agency information and spaces provided to such can- didates, and the status of such candidates with respect to meeting the qualifications to be the apparent successful can- didate for the office of President or Vice President under subparagraph (B) or (C) of paragraph (1); and ‘‘(D) if a single candidate for the office of President or Vice President is treated as the apparent successful candidate for such office pursuant to subparagraph (A)(iii) or (A)(iv) of paragraph (1), not later than 24 hours after such treatment is effective, the Administrator shall make available to the public a written statement that such candidate is treated as the sole apparent successful candidate for such office for purposes of this Act, including a description of the legal basis and reasons for such treatment based on the qualifications under subpara- graph (B) or (C) of paragraph (1), as applicable.
‘‘(3) DEFINITION.—In this subsection, the term ‘eligible can- didate’ has the meaning given that term in subsection (h)(4).’’.

(b) CONFORMING AMENDMENTS.—The Presidential Transition Act of 1963 (3 U.S.C.
102 note) is amended— (1) in section 3— (A) in the heading, by striking ‘‘PRESIDENTS-ELECT AND VICE-PRESIDENTS-ELECT’’ and inserting ‘‘APPARENT SUCCESSFUL CANDIDATES’’; (B) in subsection (a)— (i) in the matter preceding paragraph (1)— (I) by striking ‘‘each President-elect, each Vice- President-elect’’ and ‘‘each apparent inserting successful candidate for the office of President and Vice President (as determined by subsection (c))’’; and (II) by striking ‘‘the President-elect and Vice- President-elect’’ and inserting ‘‘each such can- didate’’; (ii) in paragraph (1)— (I) by striking ‘‘the President-elect, the Vice- ‘‘the apparent inserting President-elect’’ and successful candidate’’; and (II) by striking ‘‘the President-elect or Vice- ‘‘the apparent inserting President-elect’’ and successful candidate’’; (iii) in paragraphs (2), (3), (4), and (5), by striking ‘‘the President-elect or Vice-President-elect’’ each place it appears and inserting ‘‘the apparent successful can- didate’’; (iv) in paragraph (4)(B), by striking ‘‘the President- elect, the Vice-President-elect, or the designee of the President-elect or Vice-President-elect’’ and inserting ‘‘the apparent successful candidate or their designee’’; (v) in paragraph (8), in subparagraph (A)(v) and (B), by striking ‘‘the President-elect’’ and inserting ‘‘the apparent successful candidate for the office of Presi- dent’’; and (vi) in paragraph (10)— (I) by striking ‘‘any President-elect, Vice-Presi- dent-elect, or eligible candidate’’ and inserting ‘‘any H. R.
 2617—786 apparent successful candidate or eligible can- didate’’; and (II) by striking ‘‘the President-elect and Vice ‘‘the apparent inserting President-elect’’ and successful candidates’’; (C) in subsection (b)— (i) in paragraph (1), by striking ‘‘the President- elect or Vice-President-elect, or after the inauguration of the President-elect as President and the inaugura- tion of the Vice-President-elect as Vice President’’ and inserting ‘‘the apparent successful candidates, or after the inauguration of the
 apparent successful candidate for the office of President as President and the inau- guration of the apparent successful candidate for the office of Vice President as Vice President’’; and (ii) in paragraph (2), by striking ‘‘the President- elect, Vice-President-elect’’ and inserting ‘‘the apparent successful candidate’’; (D) in subsection (d)— (i) in the first sentence, by striking ‘‘Each Presi- dent-elect’’ and inserting ‘‘Each apparent successful candidate for the office of President’’; and (ii) in the second sentence, by striking ‘‘Each Vice- President-elect’’ and inserting ‘‘Each apparent success- ful candidate for the office of Vice-President’’; (E) in subsection (e)— (i) in the first sentence, by striking ‘‘Each Presi- inserting dent-elect and Vice-President-elect’’ and ‘‘Each apparent successful candidate’’; and (ii) in the second sentence, by striking ‘‘any Presi- dent-elect or Vice-President-elect may be made upon the basis of a certificate by him or the assistant des- ignated by him’’ and inserting ‘‘any apparent successful candidate may be made upon the basis of a certificate by the candidate or their designee’’; (F) in subsection (f)— (i) in paragraph (1), by striking ‘‘The President- elect’’ and inserting ‘‘Any apparent successful candidate for the office of President’’; and (ii) in paragraph (2), by striking ‘‘inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President’’ and inserting ‘‘inauguration of the apparent successful can- didate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President’’; (G) in subsection (g), by striking ‘‘In the case where the President-elect is the incumbent President or in the case where the Vice-President-elect is the incumbent Vice President’’ and inserting ‘‘In the case where an apparent successful candidate for the office of President is the incum- bent President or in the
 case where an apparent successful candidate for the office of Vice President is the incumbent Vice President’’; (H) in subsection (h)— H. R. 2617—787 (i) in paragraph (2)(B)(iv), by striking ‘‘the Presi- dent-elect or Vice-President-elect’’ and inserting ‘‘an apparent successful candidate’’; and (ii) in paragraph (3)(B)(iii), by striking ‘‘the Presi- dent-elect or Vice-President-elect’’ and inserting ‘‘an apparent successful candidate’’; and (I) in subsection (i)(3)(C)— (i) in clause (i), by striking ‘‘the inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President’’ and inserting ‘‘the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President’’; and (ii) in clause (ii), by striking ‘‘upon request of the President-elect or the Vice-President-elect’’ and inserting ‘‘upon request of the apparent successful can- didate’’; (2) in section 4— (A) in subsection (e)— (i) in paragraph (1)(B), by striking ‘‘the President- elect and Vice-President-elect’’ and inserting ‘‘the apparent successful candidates (as determined by sec- tion 3(c))’’; and (ii) in paragraph (4)(B), by striking ‘‘the President- elect is inaugurated’’ and inserting ‘‘the apparent successful candidate for the office of President is inau- gurated’’; and (B) in subsection (g)— (i) in paragraph (3)(A), by
 striking ‘‘the President- elect’’ and inserting ‘‘the apparent successful candidate for the office of President’’; and (ii) in paragraph (3)(B)(ii)(III), by striking ‘‘the President-elect’’ and inserting ‘‘the apparent successful candidate for the office of President’’; (3) in section 5, in the first sentence, by striking ‘‘Presi- dents-elect and Vice-Presidents-elect’’ and inserting ‘‘apparent successful candidates (as determined by section 3(c))’’; (4) in section 6— (A) in subsection (a)— (i) in paragraph (1)—
 (I) by striking ‘‘The President-elect and Vice- ‘‘Each apparent President-elect’’ and inserting successful candidate (as determined by section 3(c))’’; and (II) by striking ‘‘the President-elect or Vice- ‘‘the apparent inserting President-elect’’ and successful candidate’’; (ii) in paragraph (2), by striking ‘‘The President- elect and Vice-President-elect’’ and inserting ‘‘Each apparent successful candidate’’; and (iii) in paragraph (3)(A), by striking ‘‘inauguration of the President-elect as President and the Vice-Presi- dent-elect as Vice President’’ and inserting ‘‘inaugura- tion of the apparent successful candidate for the office of President as President and the apparent successful H. R. 2617—788 candidate for the office of Vice-President as Vice Presi- dent’’; (B) in subsection (b)(1)— (i) in the matter preceding subparagraph (A), by striking ‘‘The President-elect and Vice-President-elect’’ and inserting ‘‘Each apparent successful candidate’’; and (ii) in subparagraph (A), by striking ‘‘the President- ‘‘the elect or Vice-President-elect’s’’ and apparent successful candidate’s’’; and (C) in subsection (c), by striking ‘‘The President-elect and Vice-President-elect’’ and inserting ‘‘Each apparent successful candidate’’; and (5) in section 7(a)(1), by striking ‘‘the President-elect and Vice President-elect’’ and inserting ‘‘the apparent successful candidates’’.
inserting DIVISION Q—AVIATION RELATED MATTERS SEC.

101.

ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PRO- GRAM.

(a) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this section, the Secretary shall establish a pilot program to provide grants that assist an eligible entity to plan for the development and deployment of infrastructure necessary to facilitate AAM operations, locally and regionally, within the United States.
(b) PLANNING GRANTS.— (1) IN GENERAL.—The Secretary shall provide grants to eligible entities to develop comprehensive plans under para- graph (2) related to AAM infrastructure.
(2) COMPREHENSIVE PLAN.— (A) IN GENERAL.—Not later than 1 year after receiving a grant under this subsection, an eligible entity shall submit to the Secretary a comprehensive plan, including the development of potential public use or private-owned vertiport infrastructure, in a format capable of being pub- lished on the website of the Department of Transportation.
(B) PLAN CONTENTS.—The Secretary shall establish content requirements for comprehensive plans submitted under this subsection, which shall include as many of the following as possible: (i) The identification of planned or potential public use and private-owned vertiport locations.

(ii) A description of infrastructure necessary to support AAM operations.
(iii) A description of types of planned or potential AAM operations and a forecast for proposed vertiport operations, including estimates for initial operations and future growth.
(iv) The identification of physical and digital infra- structure required to meet any standards for vertiport design and performance characteristics established by the Federal Aviation Administration (as in effect on the date on which the Secretary issues a grant to H. R. 2617—789 an eligible entity), including modifications to existing infrastructure and ground sensors, electric charging or other fueling requirements, electric utility require- ments, wireless and cybersecurity requirements, fire safety, perimeter security, and other necessary hard- ware or software.
(v) A description of any hazard associated with planned or potential vertiport infrastructure, such as handling of hazardous materials, batteries, or other fuel cells, charging or fueling of aircraft, aircraft rescue and firefighting response, and emergency planning.

(vi) A description of potential environmental effects of planned or potential construction or siting of vertiports, including efforts to reduce potential aviation noise.
(vii) A description of how planned or potential vertiport locations, including new or repurposed infra- structure, fit into State and local transportation sys- tems and networks, including— (I) connectivity to existing public transpor- tation hubs and intermodal and multimodal facili- ties for AAM operations; (II) opportunities to create new service to rural areas and areas underserved by air transportation; or (III) any potential conflict with existing avia- infrastructure that may arise from the tion planned or potential location of the vertiport.
(viii) A description of how vertiport planning will be incorporated in State or metropolitan planning docu- ments.
(ix) The identification of the process an eligible entity will undertake to ensure an adequate level of engagement with any potentially impacted community for each planned or potential vertiport location and planned or potential AAM operations, such as engage- ment with communities in rural areas, underserved communities, Tribal communities, individuals with disabilities, or racial and ethnic minorities to address equity of access.
(x) The identification of State, local, or private sources of funding an eligible entity may use to assist with the construction or operation of a vertiport.

(xi) The identification of existing Federal aero- nautical and airspace requirements that must be met for the eligible entity’s planned or potential vertiport location.
(xii) The identification of the actions necessary for an eligible entity to undertake the construction of a vertiport, such as planning studies to assess existing infrastructure, environmental studies, studies of projected economic benefit to the community, lease or acquisition of an easement or land for new infra- structure, and activities related to other capital costs.
(3) APPLICATION.—To apply for a grant under this sub- section, an eligible entity shall provide to the Secretary an H. R. 2617—790 application in such form, at such time, and containing such information as the Secretary may require.

(4) SELECTION.— (A) IN GENERAL.—In awarding grants under this sub- section, the Secretary shall consider the following: (i) Geographic diversity.

(ii) Diversity of the proposed models of infrastruc- ture financing and management.
(iii) Diversity of proposed or planned AAM oper- ations.
(iv) The need for comprehensive plans that— (I) ensure the safe and efficient integration of AAM operations into the National Airspace System; (II) safety, connectivity, access, and equity in both rural and urban regions in the United States; transportation improve (III) leverage existing public transportation systems and intermodal and multimodal facilities; the (IV) reduce surface congestion and environmental impacts of transportation; (V) grow the economy and create jobs in the United States; and (VI) encourage community engagement when planning for AAM-related infrastructure.
(B) PRIORITY.—The Secretary shall prioritize awarding grants under this subsection to eligible entities that collabo- rate with commercial AAM entities, institutions of higher education, research institutions, or other relevant stake- holders to develop and prepare a comprehensive plan.
(C) MINIMUM ALLOCATION TO RURAL AREAS.—The Sec- retary shall ensure that not less than 20 percent of the amounts made available under subsection (c) are used to award grants to eligible entities that submit a comprehen- sive plan under paragraph (2) that is related to infrastruc- ture located in a rural area.

(5) GRANT AMOUNT.—Each grant made under this sub- section shall be made in an amount that is not more than $1,000,000.
(6) BRIEFING.— (A) IN GENERAL.—Not later than 180 days after the first comprehensive plan is submitted under paragraph (2), and every 180 days thereafter through September 30, 2025, the Secretary shall provide a briefing to the appro- priate committees of Congress on the comprehensive plans submitted to the Secretary under such paragraph.
(B) CONTENTS.—The briefing required under subpara- graph (A) shall include— (i) an evaluation of all planned or potential vertiport locations included in the comprehensive plans submitted under paragraph (2) and how such planned or potential vertiport locations may fit into the overall United States transportation system and network; and (ii) a description of lessons or best practices learned through the review of comprehensive plans and how the Secretary will incorporate any such lessons or best practices into Federal standards or guidance for the H. R. 2617—791 design and operation of AAM infrastructure and facili- ties.
(c) AUTHORIZATION OF APPROPRIATIONS.— (1) AUTHORIZATION.—There are authorized to be appro- priated to the Secretary to carry out this section $12,500,000 for each of fiscal years 2023 and 2024, to remain available until expended.

(2) ADMINISTRATIVE EXPENSES.—Of the amounts made available under paragraph (1), the Secretary may retain up to 1 percent for personnel, contracting, and other costs to estab- lish and administer the pilot program under this section.
(d) TERMINATION.— (1) IN GENERAL.—No grant may be awarded under this section after September 30, 2024.

(2) CONTINUED FUNDING.—Funds authorized to be appro- priated pursuant to subsection (c) may be expended after Sep- tember 30, 2024— (A) for grants awarded prior to September 30, 2024; and (B) for administrative expenses.
(e) DEFINITIONS.—In this section: (1) ADVANCED AIR MOBILITY; AAM.—The terms ‘‘advanced air mobility’’ and ‘‘AAM’’ have the meaning given such terms in section 2(i) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C.

40101 note).

(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means the Committee on Transportation and Infrastructure of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate.
(3) COMMERCIAL AAM ENTITIES.—The term ‘‘commercial AAM entities’’ means— (A) manufacturers of aircraft, avionics, propulsion sys- tems, and air traffic management systems related to AAM; (B) intended commercial operators of AAM aircraft and systems; and (C) intended commercial operators and developers of vertiports.
(4) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— (A) a State, local, or Tribal government, including a political subdivision thereof; (B) an airport sponsor; (C) a transit agency; (D) a port authority; (E) a metropolitan planning organization; or (F) any combination or consortium of the entities described in subparagraphs (A) through (E).
(5) METROPOLITAN PLANNING ORGANIZATION.—The term ‘‘metropolitan planning organization’’ has the meaning given such term in section 5303(b) of title 49, United States Code.

(6) RURAL AREA.—The term ‘‘rural area’’ means an area located outside a metropolitan statistical area (as designated by the Office of Management and Budget).

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation.
H. R. 2617—792 (8) STATE.—The term ‘‘State’’ means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam.

(9) VERTIPORT.—The term ‘‘vertiport’’ means a designated location used or intended to be used to support AAM operations, including the landing, take-off, loading, taxiing, parking, and storage of aircraft developed for AAM operations.
(10) VERTICAL TAKE-OFF AND LANDING AIRCRAFT.—The term ‘‘vertical take-off and landing aircraft’’ has the meaning given such term in section 2(i) of the Advanced Air Mobility Coordina- tion and Leadership Act (49 U.S.C.

40101 note).
40101 note).

(f) RULE OF CONSTRUCTION.—Nothing in this section may be construed as conferring upon any person, State, local, or Tribal government the authority to determine the safety of any AAM operation or the feasibility of simultaneous operations by AAM and conventional aircraft within any given area of the national airspace system.

SEC.

102.

SAMYA ROSE STUMO NATIONAL AIR GRANT FELLOWSHIP PROGRAM.
(a) SHORT TITLE.—This section may be cited as the ‘‘Samya Rose Stumo National Air Grant Fellowship Program Act of 2022’’.

(b) DESIGNATION.— (1) IN GENERAL.—Section 131 of division V of the Consoli- dated Appropriations Act of 2021 (49 U.S.C.
40101 note) is amended— (A) in the section heading, by inserting ‘‘SAMYA ROSE STUMO’’ before ‘‘NATIONAL AIR GRANT FELLOWSHIP PRO- GRAM’’; (B) in the paragraph heading of subsection (a)(4), by inserting ‘‘SAMYA ROSE STUMO’’ before ‘‘NATIONAL AIR GRANT FELLOWSHIP PROGRAM’’; and (C) by inserting ‘‘Samya Rose Stumo’’ before ‘‘National Air Grant Fellowship Program’’ each place it appears.
(2) CLERICAL AMENDMENT.—Section 101(b) of division V of the Consolidated Appropriations Act of 2021 (Public Law 116–260) is amended by striking the item relating to section 131 and by inserting the following: ‘‘Sec.

131.

Samya Rose Stumo National Air Grant Fellowship Program.’’.
(c) REFERENCES.—On and after the date of enactment of this section, any reference in a law, regulation, document, paper, or other record of the United States to the ‘‘National Air Grant Fellow- ship Program’’ shall be deemed to be a reference to the ‘‘Samya Rose Stumo National Air Grant Fellowship Program’’.
(d) SENSE OF CONGRESS.—It is the sense of Congress that— (1) the lives of 189 passengers and crew, who died in the Lion Air Flight 610 crash on October 29, 2018, are commemorated and recognized, including, but not limited to, Captain Bhavye Suneja, First Officer Harvino, Permadi Anggrimulja, Liu Chandra, Chairul Aswan, Resti Amelia, Reni Ariyanti, Daniel Suhardja Wijaya, Mardiman, Dadang, Diah Damayanti, Dolar, Dony, Dwinanto, Eryant, Cici Ariska, Fendi Christanto, Dr. Ibnu Fajariyadi Hantoro, Inayah Fatwa Kurnia Dewi, Hendra, Hesti Nuraini, Henry Heuw, Khotijah, Jannatun Cintya Dewi, Ammad Mughni, Sudibyo Onggowardoyo, Shintia Melina, Citra Novita Anggelia Putri, Alviani Hidayatul Solikha, Damayanti Simarmata, Mery Yulyanda, Putri Yuniarsi, Putty H. R. 2617—793 Fatikah Rani, Tan Toni, Tami Julian, Moedjiono, Deny Maula, Michelle Vergina Bonkal, Mathew Darryl Bongkal, Adonia Magdiel Bonkal, Fiona Ayu Zen S, Agil Nugroho Septian, Wahyu Alldilla, Xherdan Fachredzi, Deryl Fida Febrianto, Bambang Rosali Usman, Nikki Bagus Santoso, Andrea Manfredi, Muhammad Luthfi Nurrandhani, Shandy Johan Ramadhan, Muchtar Rasyid, Rebiyanti, Eka Suganda, Yulia Silvianti, Syahrudin, Sekar Maulana, Fais Saleh Harharah, Natalia Setiawan, Alfiani Hidayatul Solikah, Robert Susanto, Rudolf Petrus Sayers, Muhammad Syafi, Sian Sian, Arif Yustian, Vicky Ardian, Wanto, and Verian Utama; (2) the life of Samya Rose Stumo and the lives of 156 passengers and crew who died in the Ethiopian Airlines Flight 302 crash on March 10, 2019, are
 commemorated and recog- nized, including, but not limited to, Abdishakur Shahad, Abdullahi Mohammed, Adam Kornaski, Adam Mbicha, Pro- fessor Agnes W. Gathumbi, Ahmednur Mohammed Omar, Alex- andra Wachtmeister, Ama Tesfamariam, Ambassador Abiodun Oluremi Bashua, Ameen Ismail Noormohamed, Amina Ibrahim Odawaa, Amos Namanya, Angela Rehhorn, Ann Wangui Karanja, Anne Mogoi Birundu, Anne (last name unknown), Anne-Katrin Feigl, Anushka Dixit, Ashka Dixit, Kosha Vaidya, Prerit Dixit, Bennett Riffel, Benson Maina Gathu,
 Bernard Musembi Mutua, Captain Yared Getachew, Carolyne Karanja, Ryan Njuguna, Kerri Pauls, Rubi Pauls, Cedric Asiavugwa, Chunming Jack Wang, Cosmas Kipngetich Rogony, CP Chris- tine Alalo, Danielle Moore, Darcy Belanger, Dawn Tanner, Djordje Vdovic, Doaa Atef Abdel Salam, Dr. Ben Ahmed Chihab, Dr. Manisha Nukavarapu, Ekta Adhikari, Elsabet Menwyelet, Father George Mukua, First Officer Ahmednur Mohammed, Ayantu Girma, Sara Gebre Michael, Carlo Spini, Gabriella Viciani, George Kabau, George Kabugi, George Kamau Thugge, Getnet Alemayehu, GaoShuang, Ghislaine De Claremont, Harina Hafitz, Siraje Hussein Abdi, Hussein Swaleh, Isaac Mwangi, Isabella Beryl Achieng Jaboma, Jackson Musoni, Jared Babu Mwazo, Mercy Ngami Ndivo, Jessica Hyba, Joanna Toole, Jonathan Seex, Jordi Dalmau Sayol, Josefin Ekermann, Joseph Kuria Waithaka, Julia Mwashi, Karim Saafi, Karoline Aadland, Kodjo Glato, Marcelino Rassul Tayob, Marie Philipp, Maria Pilar Buzzetti, Matthew Vecere, Max Thabiso Edkins, Mel Riffel, Micah John Messent, Michael Ryan, Meraf Yirgalem Areda, Juliet Otieno, Mulugeta Asfaw Shenkut, Mulusew Alemu, Mwazo, Nadia Adam Abaker Ali, Oliver Vick, Paolo Dieci, Peter DeMarsh, Professor Adesanmi, Saad Khalaf Al- Mutairi, Sam Pegram, Sara Chalachew, Sarah Auffret, Sebastiano Tusa, Shikha Garg, Sintayehu Aymeku, Sintayehu Shafi Balaker, Sofia Faisal Abdulkadir, Ste´phanie Lacroix, Stella Mbicha Konarska, Tamirat Mulu Demessie, Anthony Wanjohi Ngare, United States Army Captain
 Antoine Lewis, Vaibhav Lahoti, Victor Tsang, Virginia Chimenit, WangHeo, Xavier Fricaudet, Yekaterina Polyakova, Alexander Polyako, Zhen Zhen Huang, ZhouYuan, Pannagesh Vaidya, Hansini Vaidya, Joseph Waithaka, Blanka Hrnko, Martin Hrnko, Michala Hrnko, Sergei Vyalikov, Suzan Mohamed Abu-Farag, Nasser Fatehy Al-Azab Douban, Asraf Mohamed Abdel Halim Al-Turkim, Abdel-Hamid Farrag Mohamed Magly, Essmat Abdel-Sattar Taha Aransa, Jin Yetao, Derick Lwugi, Reverend H. R. 2617—794 Sister Florence Wangari Yongi, Melvin
 Riffel, Mwazo Mercy Ngami, Reverend Norman Tendis, and Pius Adesanmi; (3) the life of Indonesian diver Syachrul Anto, who died during search and rescue recovery operations in the aftermath of the Lion Air Flight 610 crash, is commemorated and recog- nized; and (4) the Senate and the House of Representatives express their condolences to the families, friends, and loved ones of those who died on Lion Air Flight 610 and Ethiopian Airlines Flight 302 and commend their ongoing advocacy to advance aviation safety for the flying public at large.
SEC.

103.

TEMPORARY INSURANCE FOR AIR CARRIERS FOR CERTAIN TERMINATED COVERAGE.

(a) IN GENERAL.—Chapter 443 of title 49, United States Code, is amended by inserting after section 44302 the following: ‘‘§ 44302a.

Temporary insurance ‘‘(a) IN GENERAL.—The Secretary may provide insurance or reinsurance under this section to or for an air carrier for 1 coverage period not to exceed 90 days.
Except as otherwise provided in this section, such insurance or reinsurance shall be subject to the requirements of this chapter.
‘‘(b) RESTRICTIONS.—A policy for insurance or reinsurance issued under this section— ‘‘(1) may not be issued unless the insurance carrier of the air carrier has unilaterally terminated the air carrier’s war risk liability coverage pursuant to— ‘‘(A) notice under the policy; ‘‘(B) an endorsement to the policy; or ‘‘(C) an automatic termination provision in the policy or any endorsement thereto; and ‘‘(2) may cover hull, comprehensive, and third party liability risks.
‘‘(c) PREMIUM.—A premium for insurance or reinsurance pro- vided under this section shall be calculated based on a prorated amount equivalent to the premium that was in effect under the terminated insurance carrier policy.
‘‘(d) APPROVAL.—A policy for insurance or reinsurance provided under this section— ‘‘(1) shall be exempt from the requirements of section 44302(c); and ‘‘(2) may provide coverage to the extent allowed under section 44303, as determined by the Secretary, notwithstanding any determination by the President in subsection (a)(1) of such section.’’.
(b) CONFORMING AMENDMENTS.— (1) GENERAL AUTHORITY.—Section 44303(a) of title 49, United States Code, is amended by striking ‘‘section 44302’’ and inserting ‘‘sections 44302 and 44302a’’.

(2) ENDING EFFECTIVE DATE.—Section 44310(a) of title 49, United States Code, is amended by striking ‘‘section 44305’’ and inserting ‘‘sections 44302a and 44305’’.
(c) CLERICAL AMENDMENT.—The analysis for chapter 443 of title 49, United States Code, is amended by inserting after the item relating to section 44302 the following: ‘‘44302a.

Temporary insurance.’’.

H. R. 2617—795 SEC.

104.

REMOVAL OF RESTRICTION ON VETERANS CONCURRENTLY SERVING IN THE OFFICES OF ADMINISTRATOR AND DEPUTY ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION.
Section 106(d)(1) of title 49, United States Code, is amended by striking ‘‘, a retired regular officer of an armed force, or a former regular officer of an armed force’’.

SEC.

105.

NATIONAL AVIATION PREPAREDNESS PLAN.


(a) IN GENERAL.—Not later than 2 years after the date of enactment of this section, the Secretary of Transportation, in coordination with the Secretary of Health and Human Services, the Secretary of Homeland Security, and the heads of such other Federal departments or agencies as the Secretary of Transportation considers appropriate, shall develop a national aviation prepared- ness plan for communicable disease outbreaks.
(b) CONTENTS OF PLAN.—The plan developed under subsection (a) shall, at a minimum— (1) provide airports and air carriers with an adaptable and scalable framework with which to align the individual plans, including the emergency response plans, of such airports and air carriers and provide guidance as to each individual plan; (2) improve coordination among airports, air carriers, the Transportation Security Administration, U.S. Customs and Border Protection, the Centers for Disease Control and Preven- tion, other appropriate Federal entities, and State and local governments and health agencies with respect to preparing for and responding to communicable disease outbreaks; (3) to the extent practicable, improve coordination among relevant international entities; (4) create a process to identify appropriate personal protec- tive equipment, if any, for covered employees to reduce the likelihood of exposure to a covered communicable disease, and thereafter issue recommendations for the equipage of such employees; (5) create a process to identify appropriate techniques, strategies, and protective infrastructure, if any, for the cleaning, disinfecting, and sanitization of aircraft and enclosed facilities owned, operated, or used by an air carrier or airport, and thereafter issue recommendations pertaining to such tech- niques, strategies, and protective infrastructure; (6) create a process to evaluate technologies and develop procedures to effectively screen passengers for communicable diseases, including through the
 use of temperature checks if appropriate, for domestic and international passengers, crew members, and other individuals passing through airport secu- rity checkpoints; (7) identify and assign Federal agency roles in the deploy- ment of emerging and existing technologies and solutions to reduce covered communicable diseases in the aviation eco- system; (8) clearly delineate the responsibilities of the sponsors and operators of airports, air carriers, and Federal agencies in responding to a covered communicable disease; H. R. 2617—796 (9) incorporate, as appropriate, the recommendations made by the Comptroller General of the United States to the Sec- retary of Transportation contained in the report titled ‘‘Air Travel and Communicable Diseases: Comprehensive Federal Plan Needed for U.S. Aviation System’s Preparedness’’, issued in December 2015 (GAO-16-127); (10) consider the latest peer-reviewed scientific studies that address communicable disease with respect to air transpor- tation; and (11) consider funding constraints.
(c) CONSULTATION.—When developing the plan under subsection (a), the Secretary of Transportation shall consult with aviation industry and labor stakeholders, including representatives of— (1) air carriers, which shall include domestic air carriers consisting of major air carriers, low-cost carriers, regional air carriers and cargo carriers; (2) airport operators, including with respect to large hub, medium hub, small hub, and nonhub commercial service air- ports; (3) labor organizations that represent airline pilots, flight attendants, air carrier airport customer service representatives, and air carrier maintenance, repair, and overhaul workers; (4) the labor organization certified under section 7111 of title 5, United States Code, as the exclusive bargaining rep- resentative of air traffic controllers of the Federal Aviation Administration; (5) the labor organization certified under such section as the exclusive bargaining representative of airway transpor- tation systems specialists and aviation safety inspectors of the Federal Aviation Administration; (6) trade associations representing air carriers and airports; (7) aircraft manufacturing companies; (8) general aviation; and (9) such other stakeholders as the Secretary considers appropriate.
(d) REPORT.—Not later than 30 days after the plan is developed under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes such plan.
(e) REVIEW OF PLAN.—Not later than 1 year after the date on which a report is submitted under subsection (d), and again not later than 5 years thereafter, the Secretary shall review the plan included in such report and, after consultation with aviation industry and labor stakeholders, make changes by rule as the Secretary considers appropriate.
(f) GAO STUDY.—Not later than 18 months after the date of enactment of this section, the Comptroller General shall conduct and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a study assessing the national aviation preparedness plan developed under subsection (a), including— (1) whether such plan— H. R. 2617—797 (A) is responsive to any previous recommendations relating to aviation preparedness with respect to an out- break of a covered communicable disease or global health emergency made by the Comptroller General; and (B) meets the obligations of the United States under international conventions and treaties; and (2) the extent to which the United States aviation system is prepared to respond to an outbreak of a covered commu- nicable disease.
(g) DEFINITIONS.—In this section: (1) COVERED EMPLOYEE.—The term ‘‘covered employee’’ means— (A) an individual whose job duties require interaction with air carrier passengers on a regular and continuing basis and who is an employee of— (i) an air carrier; (ii) an air carrier contractor; (iii) an airport; or (iv) the Federal Government; or (B) an air traffic controller or systems safety specialist of the Federal Aviation Administration.
(2) COVERED COMMUNICABLE DISEASE.—The term ‘‘covered communicable disease’’ means a communicable disease that has the potential to cause a future epidemic or pandemic of infectious disease that would constitute a public health emer- gency of international concern as declared, after the date of enactment of this section, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C.

247d).
247d).

(3) TEMPERATURE CHECK.—The term ‘‘temperature check’’ means the screening of an individual for a fever.

SEC.

106.

AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE.
(a) IN GENERAL.—Not later than 90 days after the date of enactment of this section, the Secretary of Transportation shall establish the Aerospace Supply Chain Resiliency Task Force (in this section referred to as the ‘‘Task Force’’) to— (1) identify and assess risks to United States aerospace supply chains, including the availability of raw materials and critical manufactured goods, with respect to— (A) major end items produced by the aerospace industry; and (B) the infrastructure of the National Airspace System; and (2) identify best practices and make recommendations to mitigate risks identified under paragraph (1) and support a robust United States aerospace supply chain.
(b) MEMBERSHIP.— (1) IN GENERAL.—The Secretary shall appoint not more than 21 individuals to the Task Force.

(2) COMPOSITION.—In appointing individuals to the Task Force, the Secretary shall appoint: (A) At least 1 individual representing each of the fol- lowing: (i) Manufacturers of aircraft.

(ii) Manufacturers of avionics.

(iii) Manufacturers of aircraft propulsion systems.

H. R. 2617—798 (iv) Manufacturers of aircraft structures.
(v) Manufacturers of communications, navigation, and surveillance equipment used for the provision of air traffic services.

(vi) Manufacturers of commercial space transpor- tation launch vehicles.

(vii) Commercial air carriers.

(viii) General aviation operators.

(ix) Rotorcraft operators.

(x) Unmanned aircraft system operators.

(xi) Aircraft maintenance providers.

(xii) Aviation safety organizations.


(B) At least 1 individual representing certified labor representatives of each of the following: (i) Aircraft mechanics.

(ii) Aircraft engineers.

(iii) Aircraft manufacturers.

(iv) Airway transportation system specialists employed by the Federal Aviation Administration.

(C) Individuals with expertise in logistics, economics, supply chain management, or another field or discipline related to the resilience of industrial supply chains.
(c) ACTIVITIES.—In carrying out the responsibilities of the Task Force described in subsection (a), the Task Force shall— (1) engage with the aerospace industry to document trends in changes to production throughput and lead times of major end items produced by the aerospace industry; (2) determine the extent to which United States aerospace supply chains are potentially exposed to significant disturb- ances, including the existence of and potential for supply chain issues such as chokepoints, bottlenecks, or shortages that could prevent or inhibit the production or flow of major end items and services; (3) explore new solutions to resolve such supply chain issues identified under paragraph (2), including through the use of— (A) existing aerospace infrastructure; and (B) aerospace infrastructure, manufacturing capabili- ties, and production capacities in small or rural commu- nities; (4) evaluate the potential for the introduction and integra- tion of advanced technology to— (A) relieve such supply chain issues; and (B) fill such gaps; (5) utilize, to the maximum extent practicable, existing supply chain studies, reports, and materials in carrying out the activities described in this subsection; and (6) provide recommendations to address, manage, and relieve such supply chain issues.
(d) MEETINGS.— (1) IN GENERAL.—Except as provided in paragraph (2), the Task Force shall convene at such times and places, and by such means, as the Secretary determines to be appropriate, which may include the use of remote conference technology.

(2) TIMING.—The Task Force shall convene for an initial meeting not later than 120 days after the date of enactment of this section and at least every 90 days thereafter.
H. R. 2617—799 (e) REPORTS TO CONGRESS.— (1) REPORT OF TASK FORCE.— (A) IN GENERAL.—Not later than 1 year after the date of the initial meeting of the Task Force, the Task Force shall submit to the appropriate committees of Congress a report on the activities of the Task Force.
(B) CONTENTS.—The report required under subpara- graph (A) shall include— (i) best practices and recommendations identified pursuant to subsection (a)(2); (ii) a detailed description of the findings of the Task Force pursuant to the activities required by sub- section (c); and (iii) recommendations of the Task Force, if any, for regulatory, policy, or legislative action to improve Government efforts to reduce barriers, mitigate risk, and bolster the resiliency of United States aerospace supply chains.
(2) REPORT OF SECRETARY.—Not later than 180 days after the submission of the report required under paragraph (1), the Secretary shall submit a report to the appropriate commit- tees of Congress on the status or implementation of rec- ommendations of the Task Force included in the report required under paragraph (1).

(f) APPLICABLE LAW.—The Federal Advisory Committee Act (5 U.S.C.

App.)

shall not apply to the Task Force.


(g) SUNSET.—The Task Force shall terminate upon the submis- sion of the report required by subsection (e)(1).

(h) DEFINITIONS.—In this section: (1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means— (A) the Committee on Transportation and Infrastruc- ture of the House of Representatives; and (B) the Committee on Commerce, Science, and Transportation of the Senate.
(2) MAJOR END ITEM.—The term ‘‘major end item’’ means— (A) an aircraft; (B) an aircraft engine or propulsion system; (C) communications, navigation, or surveillance equip- ment used in the provision of air traffic services; and (D) any other end item the manufacture and operation of which has a significant effect on air commerce, as deter- mined by the Secretary.

SEC.

107.

COVERED OPERATIONS ELECTIVE STANDARDS.


(a) IN GENERAL.—Section 44729(a) of title 49, United States Code, is amended by striking ‘‘covered operations until attaining 65 years of age.’’ and inserting the following: ‘‘covered operations described in subsection (b)(1) until attaining 65 years of age.
Air carriers that employ pilots who serve in covered operations described in subsection (b)(2) may elect to implement an age restric- tion to prohibit employed pilots from serving in such covered oper- ations after attaining 70 years of age by delivering written notice to the Administrator of the Federal Aviation Administration.
Such election— ‘‘(1) shall take effect 1 year after the date of delivery of written notice of the election; and H. R. 2617—800 ‘‘(2) may not be terminated after the date on which such election takes effect by the air carrier.’’.
(b) COVERED OPERATIONS.—Section 44729(b) of title 49, United States Code, is amended by striking ‘‘means operations under part 121 of title 14, Code of Federal Regulations.’’ and inserting the following: ‘‘means— ‘‘(1) operations under part 121 of title 14, Code of Federal Regulations; or ‘‘(2) operations by a person that— ‘‘(A) holds an air carrier certificate issued pursuant to part 119 of title 14, Code of Federal Regulations, to conduct operations under part 135 of such title; ‘‘(B) holds management specifications under subpart K of title 91 of title 14, Code of Federal Regulations; and ‘‘(C) performed an aggregate total of at least 75,000 turbojet operations in calendar year 2019 or any subse- quent year.’’.
(c) PROTECTION FOR COMPLIANCE.—An action or election taken in conformance with the amendments made by this section, or taken in conformance with a regulation issued to carry out the amendments made by this section, may not serve as a basis for liability or relief in a proceeding brought under any employment law or regulation before any court or agency of the United States or of any State or locality.

DIVISION R—NO TIKTOK ON GOVERNMENT DEVICES SEC.

101.

SHORT TITLE.
101.

SHORT TITLE.

This division may be cited as the ‘‘No TikTok on Government Devices Act’’.

SEC.

102.

PROHIBITION ON THE USE OF TIKTOK.
(a) DEFINITIONS.—In this section— (1) the term ‘‘covered application’’ means the social net- working service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited; (2) the term ‘‘executive agency’’ has the meaning given that term in section 133 of title 41, United States Code; and (3) the term ‘‘information technology’’ has the meaning given that term in section 11101 of title 40, United States Code.
(b) PROHIBITION ON THE USE OF TIKTOK.— (1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Adminis- trator of General Services, the Director of the Cybersecurity and Infrastructure Security Agency, the Director of National Intelligence, and the Secretary of Defense, and consistent with the information security requirements under subchapter II of chapter 35 of title 44, United States Code, shall develop stand- ards and guidelines for executive agencies requiring the removal of any covered application from information technology.
H. R. 2617—801 (2) NATIONAL SECURITY AND RESEARCH EXCEPTIONS.—The standards and guidelines developed under paragraph (1) shall include— (A) exceptions for law enforcement activities, national security interests and activities, and security researchers; and (B) for any authorized use of a covered application under an exception, requirements for executive agencies to develop and document risk mitigation actions for such use.

DIVISION S—OCEANS RELATED MATTERS TITLE I—DRIFTNET MODERNIZATION SEC.

101.
101.

SHORT TITLE.

This title may be cited as the ‘‘Driftnet Modernization and Bycatch Reduction Act’’.

SEC.

102.

DEFINITION.

Section 3(25) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1802(25)) is amended by inserting ‘‘, or with a mesh size of 14 inches or greater,’’ after ‘‘more’’.

SEC.

103.

FINDINGS AND POLICY.

(a) FINDINGS.—Section 206(b) of the Magnuson-Stevens Fishery is (16 U.S.C.
1826(b)) Conservation and Management Act amended— (1) in paragraph (6), by striking ‘‘and’’ at the end; (2) in paragraph (7), by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(8) within the exclusive economic zone, large-scale driftnet fishing that deploys nets with large mesh sizes causes signifi- cant entanglement and mortality of living marine resources, including myriad protected species, despite limitations on the lengths of such nets.’’.
(b) POLICY.—Section 206(c) of the Magnuson-Stevens Fishery is (16 U.S.C.
1826(c)) Conservation and Management Act amended— (1) in paragraph (2), by striking ‘‘and’’ at the end; (2) in paragraph (3), by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(4) prioritize the phase out of large-scale driftnet fishing in the exclusive economic zone and promote the development and adoption of alternative fishing methods and gear types that minimize the incidental catch of living marine resources.’’.

SEC.

104.

TRANSITION PROGRAM.


Section 206 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1826) is amended by adding at the end the following— ‘‘(i) FISHING GEAR TRANSITION PROGRAM.— H. R. 2617—802 ‘‘(1) IN GENERAL.—During the 5-year period beginning on the date of enactment of the Driftnet Modernization and Bycatch Reduction Act, the Secretary shall conduct a transition program to facilitate the phase-out of large-scale driftnet fishing and adoption of alternative fishing practices that minimize the incidental catch of living marine resources, and shall award grants to eligible permit holders who participate in the pro- gram.
‘‘(2) PERMISSIBLE USES.—Any permit holder receiving a grant under paragraph (1) may use such funds only for the purpose of covering— ‘‘(A) any fee originally associated with a permit author- izing participation in a large-scale driftnet fishery, if such permit is surrendered for permanent revocation, and such permit holder relinquishes any claim associated with the permit; ‘‘(B) a forfeiture of fishing gear associated with a permit described in subparagraph (A); or ‘‘(C) the purchase of alternative gear with minimal incidental catch of living marine resources, if the fishery participant is authorized to continue fishing using such alternative gears.
‘‘(3) CERTIFICATION.—The Secretary shall certify that, with respect to each participant in the program under this sub- section, any permit authorizing participation in a large-scale driftnet fishery has been permanently revoked and that no new permits will be issued to authorize such fishing.’’.

SEC.

105.

EXCEPTION.

Section 307(1)(M) of the Magnuson-Stevens Fishery Conserva- tion and Management Act (16 U.S.C.
1857(1)(M)) is amended by inserting before the semicolon the following: ‘‘, unless such large- scale driftnet fishing— ‘‘(i) deploys, within the exclusive economic zone, a net with a total length of less than two and one- half kilometers and a mesh size of 14 inches or greater; and ‘‘(ii) is conducted within 5 years of the date of enactment of the Driftnet Modernization and Bycatch Reduction Act’’.

SEC.

106.

FEES.
SEC.

106.

FEES.

(a) IN GENERAL.—The North Pacific Fishery Management Council may recommend, and the Secretary of Commerce may approve, regulations necessary for the collection of fees from charter vessel operators who guide recreational anglers who harvest Pacific halibut in International Pacific Halibut Commission regulatory areas 2C and 3A as those terms are defined in part 300 of title 50, Code of Federal Regulations (or any successor regulations).
(b) USE OF FEES.—Any fees collected under this section shall be available for the purposes of— (1) financing administrative costs of the Recreational Quota Entity program; (2) the purchase of halibut quota shares in International Pacific Halibut Commission regulatory areas 2C and 3A by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations); (3) halibut conservation and research; and H. R. 2617—803 (4) promotion of the halibut resource by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations).
(c) LIMITATION ON COLLECTION AND AVAILABILITY.—Fees shall be collected and available pursuant to this section only to the extent and in such amounts as provided in advance in appropria- tions Acts, subject to subsection (d).
(d) FEE COLLECTED DURING START-UP PERIOD.—Notwith- standing subsection (c), fees may be collected through the date of enactment of an Act making appropriations for the activities authorized under this Act through September 30, 2023, and shall be available for obligation and remain available until expended.

TITLE II—FISHERY RESOURCE DISASTERS IMPROVEMENT SEC.

201.

SHORT TITLE.

This title may be cited as the ‘‘Fishery Resource Disasters Improvement Act’’.

SEC.

202.

FISHERY RESOURCE DISASTER RELIEF.


Section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1861a(a)) is amended to read as follows: ‘‘(a) FISHERY RESOURCE DISASTER RELIEF.— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) ALLOWABLE CAUSE.—The term ‘allowable cause’ means a natural cause, discrete anthropogenic cause, or undetermined cause, including a cause that occurred not more than 5 years prior to the date of a request for a fishery resource disaster determination that affected such applicable fishery.
‘‘(B) ANTHROPOGENIC CAUSE.—The term ‘anthropogenic cause’ means an anthropogenic event, such as an oil spill or spillway opening— ‘‘(i) that could not have been addressed or pre- vented by fishery management measures; and ‘‘(ii) that is otherwise beyond the control of fishery managers to mitigate through conservation and management measures, including regulatory restric- tions imposed as a result of judicial action or to protect human health or marine animals, plants, or habitats.
‘‘(C) FISHERY RESOURCE DISASTER.—The term ‘fishery resource disaster’ means a disaster that is determined by the Secretary in accordance with this subsection and— ‘‘(i) is an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource, which may include loss of fishing vessels and gear for a substantial period of time and results in significant revenue loss or nega- tive subsistence impact due to an allowable cause; and ‘‘(ii) does not include— ‘‘(I) reasonably predictable, foreseeable, and recurrent fishery cyclical variations in species dis- tribution or stock abundance; or H. R. 2617—804 ‘‘(II) resulting measures taken pursuant to this Act.
reductions fishing opportunities from conservation and management in ‘‘(D) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.

5130), and the term ‘Tribal’ means of or pertaining to such an Indian tribe.
‘‘(E) NATURAL CAUSE.—The term ‘natural cause’— ‘‘(i) means a weather, climatic, hazard, or biology- related event, such as— ‘‘(I) a hurricane; ‘‘(II) a flood; ‘‘(III) a harmful algal bloom; ‘‘(IV) a tsunami; ‘‘(V) a hypoxic zone; ‘‘(VI) a drought; ‘‘(VII) El Nin˜ o effects on water temperature; ‘‘(VIII) a marine heat wave; or ‘‘(IX) disease; and ‘‘(ii) does not mean a normal or cyclical variation loss’ means in a species distribution or stock abundance.
‘‘(F) 12-MONTH REVENUE LOSS.—The term ‘12-month revenue the percentage reduction, as applicable, in commercial, charter, headboat, or processor revenue for the affected fishery for the 12 months during which the fishery resource disaster occurred, when com- pared to average annual revenue in the most recent 5 years when no fishery resource disaster occurred or equiva- lent for stocks with cyclical life histories.
‘‘(G) UNDETERMINED CAUSE.—The term ‘undetermined cause’ means a cause in which the current state of knowl- edge does not allow the Secretary to identify the exact cause, and there is no current conclusive evidence sup- porting a possible cause of the fishery resource disaster.
‘‘(2) GENERAL AUTHORITY.— ‘‘(A) IN GENERAL.—The Secretary shall have the authority to determine the existence, extent, and beginning and end dates of a fishery resource disaster under this subsection in accordance with this subsection.
‘‘(B) AVAILABILITY OF FUNDS.—After the Secretary determines that a fishery resource disaster has occurred, the Secretary is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected State, Indian Tribe, or interstate marine fisheries commission, or by the Secretary in cooperation with the affected State, Indian Tribe, or interstate marine fisheries commission.
‘‘(C) SAVINGS CLAUSE.—The requirements under this paragraph and paragraphs (3), (4), and (5) shall take effect only with respect to fishery resource disaster determination requests submitted after the date of enactment of the Fishery Resource Disasters Improvement Act.
‘‘(3) INITIATION OF A FISHERY RESOURCE DISASTER REVIEW.— ‘‘(A) ELIGIBLE REQUESTERS.— H. R. 2617—805 ‘‘(i) IN GENERAL.—If the Secretary has not independently determined that a fishery resource dis- aster has occurred, a request for a fishery resource disaster determination may be submitted to the Sec- retary at any time, but not later than the applicable date determined under clause (ii), by— ‘‘(I) the Governor of an affected State; ‘‘(II) an official resolution of an Indian Tribe; or ‘‘(III) any other comparable elected or politi- cally appointed representative as determined by the Secretary.
‘‘(ii) APPLICABLE DATE.—The applicable date under this clause shall be— ‘‘(I) 1 year after the date of the conclusion of the fishing season; ‘‘(II) in the case of a distinct cause that occurs during more than 1 consecutive fishing season, 2 years after the date of the conclusion of the fishing season for which the request for a fishery resource disaster determination is made; or ‘‘(III) in the case of a complete fishery closure, 1 year after the date on which that closure is determined by the Secretary.
‘‘(B) REQUIRED INFORMATION.—A complete request for a fishery resource disaster determination under subpara- graph (A) shall include— ‘‘(i) identification of all presumed affected fish stocks; ‘‘(ii) identification of the fishery as Federal, non- Federal, or both; ‘‘(iii) the geographical boundaries of the fishery, as determined by the eligible requester, including geographic boundaries that are smaller than the area represented by the eligible requester; ‘‘(iv) preliminary information on causes of the fishery resource disaster, if known; and ‘‘(v) information needed to support a finding of a fishery resource disaster, including— ‘‘(I) information demonstrating the occurrence of an unexpected large decrease in fish stock bio- mass or other change that results in significant loss of access to the fishery resource, which could include the loss of fishing vessels and gear, for a substantial period of time; ‘‘(II) significant— ‘‘(aa) 12-month revenue loss for the affected fishery; or ‘‘(bb) negative subsistence impact for the affected fishery, or if a fishery resource dis- aster has occurred at any time in the previous 5-year period, the most recent 5 years when no fishery resource disaster occurred; ‘‘(III) if applicable, information on lost resource tax revenues assessed by local communities, such as a raw fish tax and local sourcing requirements; and H. R. 2617—806 ‘‘(IV) if applicable and available, information on affected fishery 12-month revenue loss for charter, headboat, or processors related to the information provided under subclause (I), subject to section 402(b).
‘‘(C) ASSISTANCE.—The Secretary may provide data and analysis assistance to an eligible requester described in paragraph (1), if— ‘‘(i) the assistance is so requested; ‘‘(ii) the Secretary is in possession of the required information described in subparagraph (B); and ‘‘(iii) the data is not available to the requester, in carrying out the complete request under subpara- graph (B).
‘‘(D) INITIATION OF REVIEW.—The Secretary shall have the discretion to initiate a fishery resource disaster review without a request.
‘‘(4) REVIEW PROCESS.— ‘‘(A) INTERIM RESPONSE.—Not later than 20 days after receipt of a request under paragraph (3), the Secretary shall provide an interim response to the individual that— ‘‘(i) acknowledges receipt of the request; ‘‘(ii) provides a regional contact within the National Oceanographic and Atmospheric Administration; ‘‘(iii) outlines the process and timeline by which a request shall be considered; and ‘‘(iv) requests additional information concerning the fishery resource disaster, if the original request is considered incomplete.
‘‘(B) EVALUATION OF REQUESTS.— ‘‘(i) IN GENERAL.—The Secretary shall complete a review, within the time frame described in clause (ii), using the best scientific information available, in con- sultation with the affected fishing communities, States, or Indian Tribes, of— ‘‘(I) the information provided by the requester and any additional information relevant to the fishery, which may include— ‘‘(aa) fishery characteristics; ‘‘(bb) stock assessments; ‘‘(cc) the most recent fishery independent surveys and other fishery resource assess- ments and surveys conducted by Federal, State, or Tribal officials; ‘‘(dd) estimates of mortality; and ‘‘(ee) overall effects; and ‘‘(II) the available economic information, which may include an analysis of— ‘‘(aa) landings data; ‘‘(bb) revenue; ‘‘(cc) the number of participants involved; ‘‘(dd) the number and type of jobs and persons impacted, which may include— ‘‘(AA) fishers; ‘‘(BB) charter fishing operators; ‘‘(CC) subsistence users; H. R. 2617—807 ‘‘(DD) United States fish processors; and ‘‘(EE) an owner of a related fishery infrastructure or business affected by the disaster, such as a marina operator, rec- reational fishing equipment retailer, or charter, headboat, or tender vessel owner, operator, or crew; ‘‘(ee) an impacted Indian Tribe; ‘‘(ff) other forms of disaster assistance made available to the fishery, including prior awards of disaster assistance for the same event; ‘‘(gg) the length of time the resource, or access to the resource, has been restricted; ‘‘(hh) status of recovery from previous fishery resource disasters; ‘‘(ii) lost resource tax revenues assessed by local communities, such as a raw fish tax; and ‘‘(jj) other appropriate indicators to an affected fishery, as determined by the National Marine Fisheries Service.
‘‘(ii) TIME FRAME.—The Secretary shall complete the review described in clause (i), if the fishing season, applicable to the fishery— ‘‘(I) has concluded or there is no defined fishing season applicable to the fishery, not later than 120 days after the Secretary receives a complete request for a fishery resource disaster determina- tion; ‘‘(II) has not concluded, not later than 120 days after the conclusion of the fishing season; or ‘‘(III) is expected to be closed for the entire fishing season, not later than 120 days after the Secretary receives a complete request for a fishery resource disaster determination.
‘‘(C) FISHERY RESOURCE DISASTER DETERMINATION.— The Secretary shall make the determination of a fishery resource disaster based on the criteria for determinations listed in paragraph (5).

‘‘(D) NOTIFICATION.—Not later than 14 days after the conclusion of the review under this paragraph, the Sec- retary shall notify the requester and the Governor of the affected State or Indian Tribe representative of the deter- mination of the Secretary.
‘‘(5) CRITERIA FOR DETERMINATIONS.— ‘‘(A) IN GENERAL.—The Secretary shall make a deter- mination about whether a fishery resource disaster has occurred, based on the revenue loss thresholds under subparagraph (B), and, if a fishery resource disaster has occurred, whether the fishery resource disaster was due to— ‘‘(i) a natural cause; ‘‘(ii) an anthropogenic cause; H. R. 2617—808 ‘‘(iii) a combination of a natural cause and an anthropogenic cause; or ‘‘(iv) an undetermined cause.
‘‘(B) REVENUE LOSS THRESHOLDS.— ‘‘(i) IN GENERAL.—Based on the information pro- vided or analyzed under paragraph (4)(B), the Sec- retary shall apply the following 12-month revenue loss thresholds in determining whether a fishery resource disaster has occurred: ‘‘(I) Losses greater than 80 percent may result in a positive determination that a fishery resource disaster has occurred, based on the information provided or analyzed under paragraph (4)(B).
‘‘(II) Losses between 35 percent and 80 percent shall be evaluated to determine whether economic impacts are severe enough to determine that a fishery resource disaster has occurred.

‘‘(III) Losses less than 35 percent shall not be eligible for a determination that a fishery resource disaster has occurred.
‘‘(ii) CHARTER FISHING.—In making a determina- tion of whether a fishery resource disaster has occurred, the Secretary shall consider the economic impacts to the charter fishing industry to ensure finan- cial coverage for charter fishing businesses.

‘‘(iii) NEGATIVE SUBSISTENCE IMPACTS.—In consid- ering negative subsistence impacts, the Secretary shall evaluate the severity of negative impacts to the fishing community instead of applying the revenue loss thresh- olds described in clause (i).
‘‘(C) INELIGIBLE FISHERIES.—A fishery subject to over- fishing in any of the 3 years preceding the date of a determination under this subsection is not eligible for a determination of whether a fishery resource disaster has occurred unless the Secretary determines that overfishing was not a contributing factor to the fishery resource dis- aster.
‘‘(D) EXCEPTIONAL CIRCUMSTANCES.—In an exceptional circumstance where substantial economic impacts to the affected fishery and fishing community have been subject to a disaster declaration under another statutory authority, such as in the case of a natural disaster or from the direct consequences of a Federal action taken to prevent, or in response to, a natural disaster for purposes of pro- tecting life and safety, the Secretary may determine a fishery resource disaster has occurred without a request, notwithstanding the requirements under subparagraph (B) and paragraph (3).
‘‘(6) DISBURSAL OF APPROPRIATED FUNDS.— ‘‘(A) AUTHORIZATION.—The Secretary shall allocate funds available under paragraph (9) for fishery resource disasters.
‘‘(B) ALLOCATION OF APPROPRIATED FISHERY RESOURCE DISASTER ASSISTANCE.— ‘‘(i) NOTIFICATION OF FUNDING AVAILABILITY.— When there are appropriated funds for 1 or more fishery resource disasters, the Secretary shall notify— H. R. 2617—809 ‘‘(I) the public; and ‘‘(II) representatives of affected fishing commu- nities with a positive disaster determination that is unfunded; of the availability of funds, not more than 14 days after the date of the appropriation or the determination of a fishery resource disaster, whichever occurs later.
‘‘(ii) EXTENSION OF DEADLINE.—The Secretary may extend the deadline under clause (i) by 90 days to evaluate and make determinations on eligible requests.
‘‘(C) CONSIDERATIONS.—In determining the allocation of appropriations for a fishery resource disaster, the Sec- retary shall consider commercial, charter, headboat, or sea- food processing revenue losses and negative impacts to subsistence or Indian Tribe ceremonial fishing opportunity, for the affected fishery, and may consider the following factors: ‘‘(i) Direct economic impacts.

‘‘(ii) Uninsured losses.

‘‘(iii) Losses of recreational fishing opportunity.

‘‘(iv) Aquaculture operations revenue loss.


‘‘(v) Direct revenue losses to a fishing community.

‘‘(vi) Treaty obligations.

‘‘(vii) Other economic impacts.
‘‘(D) SPEND PLANS.—To receive an allocation from funds available under paragraph (9), a requester with an affirma- tive fishery resource disaster determination shall submit a spend plan to the Secretary, not more than 120 days after receiving notification that funds are available, that shall include the following information, if applicable: ‘‘(i) Objectives and outcomes, with an emphasis on addressing the factors contributing to the fishery resource disaster and minimizing future uninsured losses, if applicable.
‘‘(ii) Statement of work.

‘‘(iii) Budget details.

‘‘(E) REGIONAL CONTACT.—If so requested, the Sec- retary shall provide a regional contact within the National Oceanic and Atmospheric Administration to facilitate review of spend plans and disbursal of funds.

‘‘(F) DISBURSAL OF FUNDS.— ‘‘(i) AVAILABILITY.—Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan.
‘‘(ii) METHOD.—The Secretary may provide an allocation of funds under this subsection in the form of a grant, direct payment, cooperative agreement, loan, or contract.
‘‘(iii) ELIGIBLE USES.— ‘‘(I) IN GENERAL.—Funds allocated for fishery resources disasters under this subsection shall restore the fishery affected by such a disaster, prevent a similar disaster in the future, or assist the affected fishing community, and shall prioritize the following uses, which are not in order of pri- ority: H. R. 2617—810 ‘‘(aa) Habitat conservation and restoration and other activities, including scientific research, that reduce adverse impacts to the improve understanding of the fishery or affected species or its ecosystem.
‘‘(bb) The collection of fishery information and other activities that improve management of the affected fishery.

‘‘(cc) In a commercial fishery, capacity reduction and other activities that improve management of fishing effort, including funds to offset budgetary costs to refinance a Federal fishing capacity reduction loan or to repay the principal of a Federal fishing capacity reduc- tion loan.

‘‘(dd) Developing, repairing, or improving fishery-related public infrastructure.
‘‘(ee) Direct assistance to a person, fishing community (including assistance for lost fish- eries resource levies), or a business to alleviate economic loss incurred as a direct result of a fishery resource disaster, particularly when affected by a circumstance described in para- graph (5)(D) or by negative impacts to subsist- ence or Indian Tribe ceremonial fishing oppor- tunity.

‘‘(ff) Hatcheries and stock enhancement to help rebuild the affected stock or offset fishing pressure on the affected stock.
‘‘(II) DISPLACED FISHERY EMPLOYEES.—Where appropriate, individuals carrying out the activities described in items (aa) through (dd) of subclause (I) shall be individuals who are, or were, employed in a commercial, charter, or Indian Tribe fishery for which the Secretary has determined that a fishery resource disaster has occurred.
‘‘(7) LIMITATIONS.— ‘‘(A) FEDERAL SHARE.— ‘‘(i) IN GENERAL.—Except as provided in clauses (ii) and (iii), the Federal share of the cost of any activity carried out under the authority of this sub- section shall not exceed 75 percent of the cost of that activity.
‘‘(ii) WAIVER.—The Secretary may waive the non- Federal share requirements of this subsection, if the Secretary determines that— ‘‘(I) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; and ‘‘(II) the probable benefit of 100 percent Fed- eral financing outweighs the public interest in imposition of the non-Federal share requirement.
‘‘(iii) EXCEPTION.—The Federal share shall be equal to 100 percent in the case of— ‘‘(I) direct assistance as described in paragraph (6)(F)(iii)(I)(ee); or H. R. 2617—811 ‘‘(II) assistance to subsistence or Tribal fish- eries.

‘‘(B) LIMITATIONS ON ADMINISTRATIVE EXPENSES.— ‘‘(i) FEDERAL.—Not more than 3 percent of the funds available under this subsection may be used for administrative expenses by the National Oceano- graphic and Atmospheric Administration.
‘‘(ii) STATE GOVERNMENTS OR INDIAN TRIBES.—Of the funds remaining after the use described in clause (i), not more than 5 percent may be used by States, Indian Tribes, or interstate marine fisheries commis- sions for administrative expenses.
‘‘(C) FISHING CAPACITY REDUCTION PROGRAM.— ‘‘(i) IN GENERAL.—No funds available under this subsection may be used as part of a fishing capacity reduction program in a fishery unless the Secretary determines that adequate conservation and manage- ment measures are in place in such fishery.
‘‘(ii) ASSISTANCE CONDITIONS.—As a condition of providing assistance under this subsection with respect to a vessel under a fishing capacity reduction program, the Secretary shall— ‘‘(I) prohibit the vessel from being used for fishing in Federal, State, or international waters; and ‘‘(II) require that the vessel be— ‘‘(aa) scrapped or otherwise disposed of in a manner approved by the Secretary; ‘‘(bb) donated to a nonprofit organization and thereafter used only for purposes of research, education, or training; or ‘‘(cc) used for another non-fishing purpose provided the Secretary determines that ade- quate measures are in place to ensure that the vessel cannot reenter any fishery any- where in the world.
‘‘(D) NO FISHERY ENDORSEMENT.— ‘‘(i) IN GENERAL.—A vessel that is prohibited from fishing under subparagraph (C)(ii)(I) shall not be eligible for a fishery endorsement under section 12113(a) of title 46, United States Code.

‘‘(ii) NONEFFECTIVE.—A fishery endorsement for a vessel described in clause (i) shall not be effective.

‘‘(iii) NO SALE.—A vessel described in clause (i) shall not be sold to a foreign owner or reflagged.
‘‘(8) PUBLIC INFORMATION ON DATA COLLECTION.—The Sec- retary shall make available and update as appropriate, informa- tion on data collection and submittal best practices for the information described in paragraph (4)(B).

‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection $377,000,000 for the period of fiscal years 2023 through 2027.’’.

SEC.

203.

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.
(a) REPEAL.—Section 315 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1864) is repealed.

H. R. 2617—812 (b) REPORT.—Section 113(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (16 U.S.C.
460ss note) is amended— (1) in the paragraph heading, by striking ‘‘ANNUAL REPORT’’ and inserting ‘‘REPORT’’; (2) in the matter preceding subparagraph (A), by striking ‘‘Not later than 2 years after the date of enactment of this Act, and annually thereafter’’ and inserting ‘‘Not later than 2 years after the date of enactment of the Fishery Resource Disasters Improvement Ac, and biennially thereafter’’; and (3) in subparagraph (D), by striking ‘‘the calendar year 2003’’ and inserting ‘‘the most recent’’.
SEC.

204.

INTERJURISDICTIONAL FISHERIES ACT OF 1986.

(a) REPEAL.—Section 308 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.

4107) is repealed.

(b) TECHNICAL EDIT.—Section 3(k)(1) of the Small Business Act (15 U.S.C.

632(k)(1)) is amended by striking ‘‘(as determined by the Secretary of Commerce under section 308(b) of the Interjuris- dictional Fisheries Act of 1986)’’ and inserting ‘‘(as determined by the Secretary of Commerce under the Fishery Resource Disasters Improvement Act)’’.

SEC.
SEC.

205.

BUDGET REQUESTS; REPORTS.

(a) BUDGET REQUEST.—In the budget justification materials submitted to Congress in support of the budget of the Department of Commerce for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the Secretary of Commerce shall include a separate state- ment of the amount for each outstanding unfunded fishery resource disasters.
(b) DRIFTNET ACT AMENDMENTS OF 1990 REPORT AND BYCATCH REDUCTION AGREEMENTS.— (1) IN GENERAL.—The Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C.

1801 et seq.)

is amended— (A) in section 202(h), by striking paragraph (3); and (B) in section 206— (i) by striking subsections (e) and (f); and (ii) by redesignating subsections (g) and (h) as subsections (e) and (f), respectively.
(2) BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.—Sec- tion 607 of the High Seas Driftnet Fishing Moratorium Protec- tion Act (16 U.S.C.
1826h) is amended— (A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Sec- retary’’ and indenting appropriately; and (B) by adding at the end the following: ‘‘(b) ADDITIONAL INFORMATION.—In addition to the information described in paragraphs (1) through (5) of subsection (a), the report shall include— ‘‘(1) a description of the actions taken to carry out the provisions of section 206 of the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C.
1826), including— ‘‘(A) an evaluation of the progress of those efforts, the impacts on living marine resources, including available observer data, and specific plans for further action; ‘‘(B) a list and description of any new fisheries devel- oped by nations that conduct, or authorize their nationals H. R. 2617—813 to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation; and ‘‘(C) a list of the nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation in a manner that diminishes the effectiveness of or is incon- sistent with any international agreement governing large- scale driftnet fishing to which the United States is a party or otherwise subscribes; and ‘‘(2) a description of the actions taken to carry out the provisions of section 202(h) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1822(h)).

‘‘(c) CERTIFICATION.—If, at any time, the Secretary, in consulta- tion with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, identifies any nation that warrants inclusion in the list described under subsection (b)(1)(C), due to large scale drift net fishing, the Secretary shall certify that fact to the President.
Such certification shall be deemed to be a certification for the purposes of section 8(a) of the Fishermen’s Protective Act of 1967 (22 U.S.C.

1978(a)).’’.

TITLE III—ALASKA SALMON RESEARCH TASK FORCE SEC.

301.

SHORT TITLE.

This title may be cited as the ‘‘Alaska Salmon Research Task Force Act’’.

SEC.

302.

PURPOSES.
302.

PURPOSES.

The purposes of this title are— (1) to ensure that Pacific salmon trends in Alaska regarding productivity and abundance are characterized and that research needs are identified; (2) to prioritize scientific research needs for Pacific salmon in Alaska; (3) to address the increased variability or decline in Pacific salmon returns in Alaska by creating a coordinated salmon research strategy; and (4) to support collaboration and coordination for Pacific salmon conservation efforts in Alaska.
SEC.

303.

SENSE OF CONGRESS.
It is the sense of Congress that— (1) salmon are an essential part of Alaska’s fisheries, including subsistence, commercial, and recreational uses, and there is an urgent need to better understand the freshwater and marine biology and ecology of salmon, a migratory species that crosses many borders, and for a coordinated salmon research strategy to address salmon returns that are in decline or experiencing increased variability; (2) salmon are an essential element for the well-being and health of Alaskans; and (3) there is a unique relationship between people of Indige- nous heritage and the salmon they rely on for subsistence and traditional and cultural practices.
SEC.

304.

ALASKA SALMON RESEARCH TASK FORCE.
H. R. 2617—814 (a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Governor of Alaska, shall convene an Alaska Salmon Research Task Force (referred to in this section as the ‘‘Research Task Force’’) to— (1) review existing Pacific salmon research in Alaska; (2) identify applied research needed to better understand the increased variability and declining salmon returns in some regions of Alaska; and (3) support sustainable salmon runs in Alaska.
(b) COMPOSITION AND APPOINTMENT.— (1) IN GENERAL.—The Research Task Force shall be com- posed of not fewer than 13 and not more than 19 members, who shall be appointed under paragraphs (2) and (3).

(2) APPOINTMENT BY SECRETARY.—The Secretary of Com- merce shall appoint members to the Research Task Force as follows: (A) One representative from each of the following: (i) The National Oceanic and Atmospheric Administration who is knowledgeable about salmon and salmon research efforts in Alaska.
(ii) The North Pacific Fishery Management Council.

(iii) The United States section of the Pacific Salmon Commission.
(B) Not less than 2 and not more than 5 representatives from each of the following categories, at least 2 of whom shall represent Alaska Natives who possess personal knowl- edge of, and direct experience with, subsistence uses in rural Alaska, to be appointed with due regard to differences in regional perspectives and experience: (i) Residents of Alaska who possess personal knowledge of, and direct experience with, subsistence uses in rural Alaska.
(ii) Alaska representatives throughout the salmon supply chain, including from— industry fishing (I) directed commercial fishing; (II) recreational fishing; (III) charter fishing; (IV) seafood processors; (V) salmon prohibited species catch (bycatch) users; or (VI) hatcheries.

(C) 5 representatives who are academic experts in salmon biology, salmon ecology (marine and freshwater), salmon habitat restoration and conservation, or comprehen- sive marine research planning in the North Pacific.
(3) APPOINTMENT BY THE GOVERNOR OF ALASKA.—The Gov- ernor of Alaska shall appoint to the Research Task Force one representative from the State of Alaska who is knowledgeable about the State of Alaska’s salmon research efforts.
(c) DUTIES.— (1) REVIEW.—The Research Task Force shall— (A) conduct a review of Pacific salmon science relevant to understanding salmon returns in Alaska, including an examination of— H. R. 2617—815 (i) traditional ecological knowledge of salmon popu- lations and their ecosystems; carrying (ii) marine capacity and density dependent constraints, including an examination of interactions with other salmon species, and with forage base in marine ecosystems; (iii) life-cycle and stage-specific mortality; (iv) genetic sampling and categorization of popu- lation structure within salmon species in Alaska; (v) methods for predicting run-timing and stock sizes; (vi) oceanographic models that provide insight into stock distribution, growth, and survival; (vii) freshwater, estuarine, and marine processes that affect survival of smolts; (viii) climate effects on freshwater and marine habitats; (ix) predator/prey interactions between salmon and marine mammals or other predators; and (x) salmon productivity trends in other regions, both domestic and international, that put Alaska salmon populations in a broader geographic context; and (B) identify scientific research gaps in understanding the Pacific salmon life cycle in Alaska.
(2) REPORT.—Not later than 1 year after the date the Research Task Force is convened, the Research Task Force shall submit to the Secretary of Commerce, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Represent- atives, the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives, and the Alaska State Legislature, and make publicly available, a report— (A) describing the review conducted under paragraph (1); and (B) that includes— (i) recommendations on filling knowledge gaps that warrant further scientific inquiry; and (ii) findings from the reports of work groups sub- mitted under subsection (d)(2)(C).
(d) ADMINISTRATIVE MATTERS.— (1) CHAIRPERSON AND VICE CHAIRPERSON.—The Research Task Force shall select a Chair and Vice Chair by vote from among the members of the Research Task Force.
(2) WORK GROUPS.— (A) IN GENERAL.—The Research Task Force— (i) not later than 30 days after the date of the establishment of the Research Task Force, shall estab- lish a work group focused specifically on the research needs associated with salmon returns in the AYK (Arctic-Yukon-Kuskokwim) regions of Western Alaska; and H. R. 2617—816 (ii) may establish additional regionally or stock focused work groups within the Research Task Force, as members determine appropriate.
(B) COMPOSITION.—Each work group established under this subsection shall— (i) consist of not less than 5 individuals who— (I) are knowledgeable about the stock or region under consideration; and (II) need not be members of the Research Task Force; and (ii) be balanced in terms of stakeholder representa- tion, including commercial, recreational, and subsist- ence fisheries, as well as experts in statistical, biological, economic, social, or other scientific informa- tion as relevant to the work group’s focus.
(C) REPORTS.—Not later than 9 months after the date the Research Task Force is convened, each work group established under this subsection shall submit a report with the work group’s findings to the Research Task Force.

(3) COMPENSATION.—Each member of the Research Task Force shall serve without compensation.
(4) ADMINISTRATIVE SUPPORT.—The Secretary of Commerce shall provide such administrative support as is necessary for the Research Task Force and its work groups to carry out their duties, which may include support for virtual or in-person participation and travel expenses.

(e) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C.

App.)

shall not apply to the Research Task Force.

SEC.

305.

DEFINITION OF PACIFIC SALMON.


In this title, the term ‘‘Pacific salmon’’ means salmon that originates in Alaskan waters.

TITLE IV—IUU TECHNICAL CORRECTIONS SEC.

401.

IUU TECHNICAL CORRECTIONS.

The High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.

1826d et seq.)
is amended— (1) in section 609— (A) by striking subsection (e); and (B) by redesignating subsections (f) and (g) as sub- sections (e) and (f), respectively; and (2) in section 610— (A) in subsection (b)— (i) in paragraph (2), by inserting ‘‘and’’ after the semicolon; (ii) by striking paragraph (3); and (iii) by redesignating paragraph (4) as paragraph (3); and (B) in subsection (c)(4)— (i) in subparagraph (A), by inserting ‘‘and’’ after the semicolon; (ii) in subparagraph (B), by striking ‘‘; and’’ and inserting a period; and H. R. 2617—817 (iii) by striking subparagraph (C).
DIVISION T—SECURE 2.0 ACT OF 2022 SEC.

1.

SHORT TITLE; ETC.

(a) SHORT TITLE.—This division may be cited as the ‘‘SECURE 2.0 Act of 2022’’.

(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.
TITLE I—EXPANDING COVERAGE AND INCREASING RETIREMENT SAVINGS SEC.

101.

EXPANDING AUTOMATIC ENROLLMENT IN RETIREMENT PLANS.

(a) IN GENERAL.—Subpart B of part I of subchapter D of chapter 1 is amended by inserting after section 414 the following new section: ‘‘SEC.

414A.

REQUIREMENTS RELATED TO AUTOMATIC ENROLLMENT.
‘‘(a) IN GENERAL.—Except as otherwise provided in this sec- tion— ‘‘(1) an arrangement shall not be treated as a qualified cash or deferred arrangement described in section 401(k) unless such arrangement meets the automatic enrollment require- ments of subsection (b), and ‘‘(2) an annuity contract otherwise described in section 403(b) which is purchased under a salary reduction agreement shall not be treated as described in such section unless such agreement meets the automatic enrollment requirements of subsection (b).
‘‘(b) AUTOMATIC ENROLLMENT REQUIREMENTS.— ‘‘(1) IN GENERAL.—An arrangement or agreement meets the requirements of this subsection if such arrangement or agreement is an eligible automatic contribution arrangement (as defined in section 414(w)(3)) which meets the requirements of paragraphs (2) through (4).
‘‘(2) ALLOWANCE OF PERMISSIBLE WITHDRAWALS.—An eligible automatic contribution arrangement meets the require- ments of this paragraph if such arrangement allows employees to make permissible withdrawals (as defined in section 414(w)(2)).
‘‘(3) MINIMUM CONTRIBUTION PERCENTAGE.— ‘‘(A) IN GENERAL.—An eligible automatic contribution arrangement meets the requirements of this paragraph if— ‘‘(i) the uniform percentage of compensation contributed by the participant under such arrangement during the first year of participation is not less than 3 percent and not more than 10 percent (unless the H. R. 2617—818 participant specifically elects not to have such contribu- tions made or to have such contributions made at a different percentage), and ‘‘(ii) effective for the first day of each plan year starting after each completed year of participation under such arrangement such uniform percentage is increased by 1 percentage point (to at least 10 percent, but not more than 15 percent) unless the participant specifically elects not to have such contributions made or to have such contributions made at a different percentage.
‘‘(B) INITIAL REDUCED CEILING FOR CERTAIN PLANS.— In the case of any eligible automatic contribution arrange- ment (other than an arrangement that meets the require- ments of paragraph (12) or (13) of section 401(k)), for plan years ending before January 1, 2025, subparagraph (A)(ii) shall be applied by substituting ‘10 percent’ for ‘15 percent’.
‘‘(4) INVESTMENT REQUIREMENTS.—An eligible automatic contribution arrangement meets the requirements of this para- graph if amounts contributed pursuant to such arrangement, and for which no investment is elected by the participant, are invested in accordance with the requirements of section 2550.404c-5 of title 29, Code of Federal Regulations (or any successor regulations).
‘‘(c) EXCEPTIONS.—For purposes of this section— ‘‘(1) SIMPLE PLANS.—Subsection (a) shall not apply to any simple plan (within the meaning of section 401(k)(11)).
‘‘(2) EXCEPTION FOR PLANS OR ARRANGEMENTS ESTABLISHED BEFORE ENACTMENT OF SECTION.— ‘‘(A) IN GENERAL.—Subsection (a) shall not apply to— ‘‘(i) any qualified cash or deferred arrangement established before the date of the enactment of this section, or ADOPTION ‘‘(ii) any annuity contract purchased under a plan established before the date of the enactment of this section.
‘‘(B) POST-ENACTMENT OF MULTIPLE EMPLOYER PLAN.—Subparagraph (A) shall not apply in the case of an employer adopting after such date of enactment a plan maintained by more than one employer, and sub- section (a) shall apply with respect to such employer as if such plan were a single plan.

‘‘(3) EXCEPTION FOR GOVERNMENTAL AND CHURCH PLANS.— Subsection (a) shall not apply to any governmental plan (within the meaning of section 414(d)) or any church plan (within the meaning of section 414(e)).
‘‘(4) EXCEPTION FOR NEW AND SMALL BUSINESSES.— ‘‘(A) NEW BUSINESS.—Subsection (a) shall not apply to any qualified cash or deferred arrangement, or any annuity contract purchased under a plan, while the employer maintaining such plan (and any predecessor employer) has been in existence for less than 3 years.
‘‘(B) SMALL BUSINESSES.—Subsection (a) shall not apply to any qualified cash or deferred arrangement, or any annuity contract purchased under a plan, earlier than the date that is 1 year after the close of the first taxable H. R. 2617—819 year with respect to which the employer maintaining the plan normally employed more than 10 employees.
‘‘(C) TREATMENT OF MULTIPLE EMPLOYER PLANS.—In the case of a plan maintained by more than 1 employer, subparagraphs (A) and (B) shall be applied separately with respect to each such employer, and all such employers to which subsection (a) applies (after the application of this paragraph) shall be treated as maintaining a separate plan for purposes of this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections for subpart B of part I of subchapter D of chapter 1 is amended by inserting after the item relating to section 414 the following new item: ‘‘Sec.

414A.

Requirements related to automatic enrollment.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2024.

SEC.

102.

MODIFICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN STARTUP COSTS.
(a) INCREASE SMALLER EMPLOYERS.—Section 45E(e) of is amended by adding at the end the following new paragraph: IN CREDIT PERCENTAGE FOR ‘‘(4) INCREASED CREDIT FOR CERTAIN SMALL EMPLOYERS.— In the case of an employer which would be an eligible employer under subsection (c) if section 408(p)(2)(C)(i) was applied by substituting ‘50 employees’ for ‘100 employees’, subsection (a) shall be applied by substituting ‘100 percent’ for ‘50 percent’.’’.
(b) ADDITIONAL CREDIT FOR EMPLOYER CONTRIBUTIONS BY CER- TAIN SMALL EMPLOYERS.—Section 45E, as amended by subsection (a), is amended by adding at the end the following new subsection: ‘‘(f) ADDITIONAL CREDIT FOR EMPLOYER CONTRIBUTIONS BY CER- TAIN ELIGIBLE EMPLOYERS.— ‘‘(1) IN GENERAL.—In the case of an eligible employer, the credit allowed for the taxable year under subsection (a) (deter- mined without regard to this subsection) shall be increased by an amount equal to the applicable percentage of employer contributions (other than any elective deferrals (as defined in section 402(g)(3)) by the employer to an eligible employer plan (other than a defined benefit plan (as defined in section 414(j))).
‘‘(2) LIMITATIONS.— ‘‘(A) DOLLAR LIMITATION.—The amount determined under paragraph (1) (before the application of subpara- graph (B)) with respect to any employee of the employer shall not exceed $1,000.
‘‘(B) CREDIT PHASE-IN.—In the case of any eligible employer which had for the preceding taxable year more than 50 employees, the amount determined under para- graph (1) (without regard to this subparagraph) shall be reduced by an amount equal to the product of— ‘‘(i) the amount otherwise so determined under paragraph (1), multiplied by ‘‘(ii) a percentage equal to 2 percentage points for each employee of the employer for the preceding taxable year in excess of 50 employees.
‘‘(C) WAGE LIMITATION.— ‘‘(i) IN GENERAL.—No contributions with respect to any employee who receives wages from the employer H. R. 2617—820 for the taxable year in excess of $100,000 may be taken into account for such taxable year under subparagraph (A).

‘‘(ii) WAGES.—For purposes of the preceding sen- tence, the term ‘wages’ has the meaning given such term by section 3121(a).
‘‘(iii) INFLATION ADJUSTMENT.—In the case of any taxable year beginning in a calendar year after 2023, the $100,000 amount under clause (i) shall be increased by an amount equal to— ‘‘(I) such dollar amount, multiplied by ‘‘(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by sub- stituting ‘calendar year 2007’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
If any amount as adjusted under this clause is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000.
‘‘(3) APPLICABLE PERCENTAGE.—For purposes of this section, the applicable percentage for the taxable year during which the eligible employer plan is established with respect to the eligible employer shall be 100 percent, and for taxable years thereafter shall be determined under the following table: The applicable percentage shall be: ‘‘In the case of the following tax- able year beginning after the taxable year during which plan is established with respect to the eligible employer: 1st .............................................................................................................. 2nd ............................................................................................................. 3rd .............................................................................................................. 4th .............................................................................................................. Any taxable year thereafter ..................................................................... 100% 75% 50% 25% 0% ‘‘(4) DETERMINATION OF ELIGIBLE EMPLOYER; NUMBER OF EMPLOYEES.—For purposes of this subsection, whether an employer is an eligible employer and the number of employees of an employer shall be determined under the rules of sub- section (c), except that paragraph (2) thereof shall only apply to the taxable year during which the eligible employer plan to which this section applies is established with respect to the eligible employer.’’.
(c) DISALLOWANCE OF DEDUCTION.—Section 45E(e)(2) is amended to read as follows: ‘‘(2) DISALLOWANCE OF DEDUCTION.—No deduction shall be allowed— ‘‘(A) for that portion of the qualified startup costs paid or incurred for the taxable year which is equal to so much of the portion of the credit determined under subsection (a) as is properly allocable to such costs, and ‘‘(B) for that portion of the employer contributions by the employer for the taxable year which is equal to so much of the credit increase determined under subsection (f) as is properly allocable to such contributions.’’.
(d) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2022.

H. R. 2617—821 SEC.

103.

SAVER’S MATCH.

(a) IN GENERAL.—Subchapter B of chapter 65 is amended by adding at the end the following new section: ‘‘SEC.

6433.

SAVER’S MATCH.


‘‘(a) IN GENERAL.— ‘‘(1) ALLOWANCE OF MATCH.—Any eligible individual who makes qualified retirement savings contributions for the taxable year shall be allowed a matching contribution for such taxable year in an amount equal to the applicable percentage of so much of the qualified retirement savings contributions made by such eligible individual for the taxable year as does not exceed $2,000.
‘‘(2) PAYMENT OF MATCH.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the matching contribution under this section shall be allowed as a credit which shall be payable by the Sec- retary as a contribution (as soon as practicable after the eligible individual has filed a tax return making a claim for such matching contribution for the taxable year) to the applicable retirement savings vehicle of the eligible individual.
‘‘(B) EXCEPTION.—In the case of an eligible individual who elects the application of this subparagraph and with respect to whom the matching contribution determined under paragraph (1) is greater than zero but less than $100 for the taxable year, subparagraph (A) shall not apply and such matching contribution shall be treated as a credit allowed by subpart C of part IV of subchapter A of chapter 1.
‘‘(b) APPLICABLE PERCENTAGE.—For purposes of this section— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the applicable percentage is 50 percent.

‘‘(2) PHASEOUT.—The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as— ‘‘(A) the excess of— ‘‘(i) the taxpayer’s modified adjusted gross income for such taxable year, over ‘‘(ii) the applicable dollar amount, bears to ‘‘(B) the phaseout range.
If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point.

‘‘(3) APPLICABLE DOLLAR AMOUNT; PHASEOUT RANGE.— ‘‘(A) JOINT RETURNS AND SURVIVING SPOUSES.—Except as provided in subparagraph (B)— ‘‘(i) the applicable dollar amount is $41,000, and ‘‘(ii) the phaseout range is $30,000.
‘‘(B) OTHER RETURNS.—In the case of— ‘‘(i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be 3⁄4 of the amounts applicable under subparagraph (A) (as adjusted under subsection (h)), and H. R. 2617—822 ‘‘(ii) any taxpayer who is not filing a joint return, who is not a head of a household (as so defined), and who is not a surviving spouse (as defined in section 2(a)), the applicable dollar amount and the phaseout range shall be 1⁄2 of the amounts applicable under subparagraph (A) (as so adjusted).
‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘eligible individual’ means any individual if such individual has attained the age of 18 as of the close of the taxable year.
‘‘(2) DEPENDENTS AND FULL-TIME STUDENTS NOT ELIGIBLE.— The term ‘eligible individual’ shall not include— ‘‘(A) any individual with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins, and ‘‘(B) any individual who is a student (as defined in section 152(f)(2)).
‘‘(3) NONRESIDENT ALIENS NOT ELIGIBLE.—The term ‘eligible individual’ shall not include any individual who is a nonresident alien individual for any portion of the taxable year unless such individual is treated for such taxable year as a resident of the United States for purposes of chapter 1 by reason of an election under subsection (g) or (h) of section 6013.
‘‘(d) QUALIFIED RETIREMENT SAVINGS CONTRIBUTIONS.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘qualified retirement savings contributions’ means, with respect to any taxable year, the sum of— ‘‘(A) the amount of the qualified retirement contribu- tions (as defined in section 219(e)) made by the eligible individual, ‘‘(B) the amount of— ‘‘(i) any elective deferrals (as defined in section 402(g)(3)) of such individual, and ‘‘(ii) any elective deferral of compensation by such individual under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), and ‘‘(C) the amount of voluntary employee contributions by such individual to any qualified retirement plan (as defined in section 4974(c)).
Such term shall not include any amount attributable to a payment under subsection (a)(2).

‘‘(2) REDUCTION FOR CERTAIN DISTRIBUTIONS.— ‘‘(A) IN GENERAL.—The qualified retirement savings contributions determined under paragraph (1) for a taxable year shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) may be made.
‘‘(B) TESTING PERIOD.—For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes— ‘‘(i) such taxable year, ‘‘(ii) the 2 preceding taxable years, and H. R. 2617—823 ‘‘(iii) the period after such taxable year and before the due date (including extensions) for filing the return of tax for such taxable year.
‘‘(C) EXCEPTED DISTRIBUTIONS.—There shall not be taken into account under subparagraph (A)— ‘‘(i) any distribution referred to in section 72(p), 401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4), ‘‘(ii) any distribution to which section 408(d)(3) or 408A(d)(3) applies, and ‘‘(iii) any portion of a distribution if such portion is transferred or paid in a rollover contribution (as defined in section 402(c), 403(a)(4), 403(b)(8), 408A(e), or 457(e)(16)) to an account or plan to which qualified retirement savings contributions can be made.
‘‘(D) TREATMENT OF DISTRIBUTIONS RECEIVED BY SPOUSE OF INDIVIDUAL.—For purposes of determining dis- tributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution.
‘‘(e) APPLICABLE RETIREMENT SAVINGS VEHICLE.— ‘‘(1) IN GENERAL.—The term ‘applicable retirement savings vehicle’ means an account or plan elected by the eligible indi- vidual under paragraph (2).
‘‘(2) ELECTION.—Any such election to have contributed the amount determined under subsection (a) shall be to an account or plan which— ‘‘(A) is— ‘‘(i) the portion of a plan which— ‘‘(I) is described in clause (v) of section 402(c)(8)(B), is a qualified cash or deferred (within the meaning of section arrangement 401(k)), or is an annuity contract described in sec- tion 403(b) which is purchased under a salary reduction agreement, and ‘‘(II) does not consist of a qualified Roth con- tribution program (as defined in section 402A(b)), or ‘‘(ii) an individual retirement plan which is not a Roth IRA, ‘‘(B) is for the benefit of the eligible individual, ‘‘(C) accepts contributions made under this section, and ‘‘(D) is designated by such individual (in such form and manner as the Secretary may provide).
‘‘(f) OTHER DEFINITIONS AND SPECIAL RULES.— ‘‘(1) MODIFIED ADJUSTED GROSS INCOME.—For purposes of this section, the term ‘modified adjusted gross income’ means adjusted gross income— ‘‘(A) determined without regard to sections 911, 931, and 933, and ‘‘(B) determined without regard to any exclusion or deduction allowed for any qualified retirement savings con- tribution made during the taxable year.
H. R. 2617—824 ‘‘(2) TREATMENT OF CONTRIBUTIONS.—In the case of any contribution under subsection (a)(2)— ‘‘(A) except as otherwise provided in this section or by the Secretary under regulations, such contribution shall be treated as— ‘‘(i) an elective deferral made by the individual, if contributed to an applicable retirement savings vehicle described in subsection (e)(2)(A)(i), or ‘‘(ii) as an individual retirement plan contribution made by such individual, if contributed to such a plan, ‘‘(B) such contribution shall not be taken into account with respect to any applicable limitation under sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2), 414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for 401(k)(3), sections 401(k)(11)(B)(i)(III), and 416, and 401(a)(4), purposes of ‘‘(C) such contribution shall not be treated as an amount that may be paid, made available, or distributable the participant under section 401(k)(2)(B)(i)(IV), to 403(b)(7)(A)(i)(V), or 457(d)(1)(A)(iii).
‘‘(3) TREATMENT OF QUALIFIED PLANS, ETC.—A plan or arrangement to which a contribution is made under this section shall not be treated as violating any requirement under section 401, 403, 408, or 457 solely by reason of accepting such contribu- tion.
‘‘(4) ERRONEOUS MATCHING CONTRIBUTIONS.— ‘‘(A) IN GENERAL.—If any contribution is erroneously paid under subsection (a)(2), including a payment that is not made to an applicable retirement savings vehicle, the amount of such erroneous payment shall be treated as an underpayment of tax (other than for purposes of part II of subchapter A of chapter 68) for the taxable year in which the Secretary determines the payment is erroneous.
‘‘(B) DISTRIBUTION OF ERRONEOUS MATCHING CONTRIBU- TIONS.—In the case of a contribution to which subparagraph (A) applies— ‘‘(i) section 402(a), 403(a)(1), 403(b)(1), 408(d)(1), or 457(a)(1), whichever is applicable, shall not apply to any distribution of such contribution, and section 72(t) shall not apply to the distribution of such con- tribution or any income attributable thereto, if such distribution is received not later than the day pre- scribed by law (including extensions of time) for filing the individual’s return for such taxable year, and ‘‘(ii) any plan or arrangement from which such a distribution is made under this subparagraph shall not be treated as violating any requirement under section 401, 403, or 457 solely by reason of making such distribution.
‘‘(5) EXCEPTION FROM REDUCTION OR OFFSET.—Any payment made to any individual under this section shall not be— ‘‘(A) subject to reduction or offset pursuant to sub- section (c), (d), (e), or (f) of section 6402 or any similar authority permitting offset, or ‘‘(B) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection.
H. R. 2617—825 ‘‘(6) SAVER’S MATCH RECOVERY PAYMENTS.— ‘‘(A) IN GENERAL.—In the case of an applicable retire- ment savings vehicle to which contributions have been made under subsection (a)(2), and from which a specified early distribution has been made during the taxable year, if the aggregate amount of such contributions exceeds the account balance of such savings vehicle at the end of the such taxable year, the tax imposed by chapter 1 shall be increased by an amount equal to such excess (reduced by the amount by which the tax under such chapter was increased under section 72(t)(1) with respect to such dis- tribution).
‘‘(B) SPECIFIED EARLY DISTRIBUTION.—For purposes of this paragraph, the term ‘specified early distribution’ means any portion of a distribution— ‘‘(i) which is from such applicable retirement savings vehicle to which a contribution has been made under subsection (a)(2), ‘‘(ii) which is includible in gross income, and ‘‘(iii) to which 72(t)(1) applies.
‘‘(C) EXCESS MAY BE REPAID.— ‘‘(i) IN GENERAL.—The increase in tax for any tax- able year under subparagraph (A) shall be reduced (but not below zero) by so much of such specified early distribution as the individual elects to contribute to an applicable retirement savings vehicle not later than the day prescribed by law (including extensions of time) for filing such individual’s return for such taxable year.
‘‘(ii) CONTRIBUTION OF EXCESS.—Any individual who elects to contribute an amount under clause (i) may make one or more contributions in an aggregate amount not to exceed the amount of the specified early distribution to which the election relates to an applicable retirement savings vehicle and to which a rollover contribution of such distribution could be made under section 402(c), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be.
‘‘(iii) LIMITATION ON CONTRIBUTIONS TO APPLICABLE RETIREMENT SAVINGS VEHICLE OTHER THAN IRAS.—The aggregate amount of contributions made by an indi- vidual under clause (ii) to any applicable savings retire- ment vehicle which is not an individual retirement plan shall not exceed the aggregate amount of specified early retirement distributions which are made from such savings retirement vehicle to such individual.
Clause (ii) shall not apply to contributions to any applicable retirement savings vehicle which is not an individual retirement plan unless the individual is eligible to make contributions (other than those described in clause (ii)) to such retirement savings vehicle.
‘‘(iv) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS FROM APPLICABLE ELIGIBLE RETIREMENT PLANS OTHER THAN IRAS.—If a contribution is made under clause (ii) with respect to a specified early distribution from an applicable savings retirement vehicle other than H. R. 2617—826 an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the savings retirement vehicle in a direct trustee to trustee transfer within 60 days of the distribution.
‘‘(v) TREATMENT OF REPAYMENTS FOR DISTRIBU- TIONS FROM IRAS.—If a contribution is made under clause (ii) with respect to a specified early distribution from an individual retirement plan, then, to the extent of the amount of the contribution, such distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the applicable retirement savings vehicle in a direct trustee to trustee transfer within 60 days of the distribution.
‘‘(D) RULES TO ACCOUNT FOR INVESTMENT LOSS.—The Secretary shall prescribe such rules as may be appropriate to reduce any increase in tax otherwise made under subparagraph (A) to properly account for the extent to which any portion of the excess described in such subpara- graph is allocable to investment loss in the retirement savings vehicle.
‘‘(g) PROVISION BY SECRETARY OF INFORMATION RELATING TO CONTRIBUTIONS.—In the case of an amount elected by an eligible individual to be contributed to an account or plan under subsection (e)(2), the Secretary shall provide general guidance applicable to the custodian of the account or the plan sponsor, as the case may be, detailing the treatment of such contribution under sub- section (f)(2) and the reporting requirements with respect to such contribution under section 6058, particularly as such requirements are modified pursuant to section 102(c)(2) of the SECURE 2.0 Act of 2022.
‘‘(h) INFLATION ADJUSTMENTS.— ‘‘(1) IN GENERAL.—In the case of any taxable year beginning in a calendar year after 2027, the $41,000 amount in subsection (b)(3)(A)(i) shall be increased by an amount equal to— ‘‘(A) such dollar amount, multiplied by ‘‘(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘calendar year 2026’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
‘‘(2) ROUNDING.—Any increase determined under paragraph (1) shall be rounded to the nearest multiple of $1,000.’’.

(b) TREATMENT OF CERTAIN POSSESSIONS.— (1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYS- TEMS.—The Secretary of the Treasury shall pay to each posses- sion of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the amendments made by this section.
Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.
(2) PAYMENTS TO OTHER POSSESSIONS.—The Secretary of the Treasury shall pay to each possession of the United States H. R. 2617—827 which does not have a mirror code tax system amounts esti- mated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to eligible residents of such possession by reason of the amend- ments made by this section if a mirror code tax system had been in effect in such possession.
The preceding sentence shall not apply unless the respective possession has a process, which has been approved by the Secretary of the Treasury, under which such possession promptly transfers the payments directly on behalf of eligible residents to a retirement savings vehicle established under the laws of such possession or the United States that is substantially similar to a plan, or is a plan, described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B) of the Internal Revenue Code of 1986 or an individual retire- ment plan, and the restrictions on distributions from such retirement savings vehicle are substantially similar to the provisions of section 6433(d)(2) of such Code (as added by this section).
(3) COORDINATION WITH UNITED STATES SAVER’S MATCH.— No matching contribution shall be allowed under section 6433 of the Internal Revenue Code of 1986 (as added by this section) to any person— (A) to whom a matching contribution is paid by the possession by reason of the amendments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2).
(4) MIRROR CODE TAX SYSTEM.—For purposes of this sub- section, the term ‘‘mirror code tax system’’ means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by ref- erence to the income tax laws of the United States as if such possession were the United States.
(5) TREATMENT OF PAYMENTS.—For purposes of section 1324 of title 31, United States Code, the payments under this sub- section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.

(c) ADMINISTRATIVE PROVISIONS.— (1) DEFICIENCIES.—Section 6211(b)(4) is amended by striking ‘‘and 7527A’’ and inserting ‘‘7527A, and 6433’’.
(2) REPORTING.—The Secretary of the Treasury shall amend the forms relating to reports required under section 6058 of the Internal Revenue Code of 1986 to require— (A) separate reporting of the aggregate amount of con- tributions received by the plan during the year under sec- tion 6433 of the Internal Revenue Code of 1986 (as added by this section), and (B) similar reporting with respect to individual retire- ment accounts (as defined in section 408 of such Code) and individual retirement annuities (as defined in section 408(b) of such Code).
(d) PAYMENT AUTHORITY.—Section 1324(b)(2) of title 31, United States Code, is amended by striking ‘‘or 7527A’’ and inserting ‘‘7527A, or 6433’’.

(e) CONFORMING AMENDMENTS.— H. R. 2617—828 (1) Paragraph (1) of section 25B(d) is amended by striking ‘‘the sum of—’’ and all that follows through ‘‘the amount of contributions made before January 1, 2026’’ and inserting ‘‘the amount of contributions made before January 1, 2026’’.
(2) The table of sections for subchapter B of chapter 65 is amended by adding at the end the following new item: ‘‘Sec.

6433.

Saver’s Match.’’.

(f) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2026.

SEC.

104.

PROMOTION OF SAVER’S MATCH.


(a) IN GENERAL.—The Secretary of the Treasury shall take such steps as the Secretary determines are necessary and appro- priate to increase public awareness of the matching contribution provided under section 6433 of the Internal Revenue Code of 1986.

(b) REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than July 1, 2026, the Secretary shall provide a report to Congress to summarize the anticipated promotion efforts of the Treasury under subsection (a).
(2) CONTENTS.—Such report shall include— (A) a description of plans for— (i) the development and distribution of digital and print materials, including the distribution of such materials to States for participants in State facilitated retirement savings programs, (ii) the translation of such materials into the 10 most commonly spoken languages in the United States after English (as determined by reference to the most recent American Community Survey of the Bureau of the Census), and (iii) communicating the adverse consequences of early withdrawal from an applicable retirement savings vehicle to which a matching contribution has been paid under section 6333(a)(2) of the Internal Rev- enue Code of 1986, including the operation of the Saver’s Match Recovery Payment rules under section 6433(f)(6) of such Code and associated early withdrawal penalties, and (B) such other information as the Secretary determines is necessary.
SEC.

105.

POOLED EMPLOYER PLANS MODIFICATION.

(a) IN GENERAL.—Section 3(43)(B)(ii) of the Employee Retire- ment Income Security Act of 1974 (29 U.S.C.

1002(43)(B)(ii)) is amended to read as follows: ‘‘(ii) designate a named fiduciary (other than an employer in the plan) to be responsible for collecting contributions to the plan and require such fiduciary to implement written contribution collection procedures that are reasonable, diligent, and systematic;’’.
(b) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2022.

SEC.

106.

MULTIPLE EMPLOYER 403(b) PLANS.


(a) IN GENERAL.—Section 403(b) is amended by adding at the end the following new paragraph: ‘‘(15) MULTIPLE EMPLOYER PLANS.— H. R. 2617—829 ‘‘(A) IN GENERAL.—Except in the case of a church plan, this subsection shall not be treated as failing to apply to an annuity contract solely by reason of such contract being purchased under a plan maintained by more than 1 employer.
‘‘(B) TREATMENT OF EMPLOYERS FAILING TO MEET REQUIREMENTS OF PLAN.— ‘‘(i) IN GENERAL.—In the case of a plan maintained by more than 1 employer, this subsection shall not be treated as failing to apply to an annuity contract held under such plan merely because of one or more employers failing to meet the requirements of this subsection if such plan satisfies rules similar to the rules of section 413(e)(2) with respect to any such employer failure.
‘‘(ii) ADDITIONAL REQUIREMENTS IN CASE OF NON- GOVERNMENTAL PLANS.—A plan shall not be treated as meeting the requirements of this subparagraph unless the plan satisfies rules similar to the rules of subparagraph (A) or (B) of section 413(e)(1), except in the case of a multiple employer plan maintained solely by any of the following: A State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing.’’.
(b) ANNUAL REGISTRATION FOR 403(b) MULTIPLE EMPLOYER PLAN.—Section 6057 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ‘‘(g) 403(b) MULTIPLE EMPLOYER PLANS TREATED AS ONE PLAN.—In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.’’.
(c) ANNUAL INFORMATION RETURNS FOR 403(b) MULTIPLE EMPLOYER PLAN.—Section 6058 is amended by redesignating sub- section (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ‘‘(f) 403(b) MULTIPLE EMPLOYER PLANS TREATED AS ONE PLAN.—In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.’’.
(d) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.— (1) IN GENERAL.—Section 3(43)(A) of the Employee Retire- ment Income Security Act of 1974 is amended— (A) in clause (ii), by striking ‘‘section 501(a) of such Code or’’ and inserting ‘‘section 501(a) of such Code, a plan that consists of annuity contracts described in section 403(b) of such Code, or’’; and (B) in the flush text at the end following clause (iii), by striking ‘‘the plan.’’ and inserting ‘‘the plan, but such term shall include any plan (other than a plan excepted from the application of this title by section 4(b)(2)) main- tained for the benefit of the employees of more than 1 H. R. 2617—830 employer that consists of annuity contracts described in section 403(b) of such Code and that meets the require- ments of subparagraph (B) of section 413(e)(1) of such Code.’’.
(2) CONFORMING AMENDMENTS.—Sections 3(43)(B)(v)(II) and 3(44)(A)(i)(I) of the Employee Retirement Income Security Act of 1974 are each amended by striking ‘‘section 401(a) of such Code or’’ and inserting ‘‘section 401(a) of such Code, a plan that consists of annuity contracts described in section 403(b) of such Code, or’’.
(e) REGULATIONS RELATING TO EMPLOYER FAILURE TO MEET MULTIPLE EMPLOYER PLAN REQUIREMENTS.—The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regula- tions 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 require- ments.
(f) MODIFICATION OF MODEL PLAN LANGUAGE, ETC.— (1) PLAN NOTIFICATIONS.—The Secretary of the Treasury (or the Secretary’s delegate), in consultation with the Secretary of Labor, shall modify the model plan language published under section 413(e)(5) of the Internal Revenue Code of 1986 to include language that requires participating employers be notified that the plan is subject to the Employee Retirement Income Security Act of 1974 and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and, as such, has certain fiduciary duties with respect to the plan and to its employees.
(2) MODEL PLANS FOR MULTIPLE EMPLOYER 403(b) PLANS.— For plans to which section 403(b)(15)(A) of the Internal Revenue Code of 1986 applies (other than a plan maintained for its employees by a State, a political subdivision of a State, or an agency or instrumentality of any one or more of the fore- going), the Secretary of the Treasury (or the Secretary’s dele- gate), in consultation with the Secretary of Labor, shall publish model plan language similar to model plan language published under section 413(e)(5) of such Code.
(3) EDUCATIONAL OUTREACH TO EMPLOYERS EXEMPT FROM TAX.—The Secretary of the Treasury (or the Secretary’s dele- gate), in consultation with the Secretary of Labor, shall provide education and outreach to increase awareness to employers described in section 501(c)(3) of the Internal Revenue Code of 1986, and which are exempt from tax under section 501(a) of such Code, that multiple employer plans are subject to the Employee Retirement Income Security Act of 1974 and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and, as such, has certain fiduciary duties with respect to the plan and to its employees.
(g) NO INFERENCE WITH RESPECT TO CHURCH PLANS.— Regarding any application of section 403(b) of the Internal Revenue Code of 1986 to an annuity contract purchased under a church plan (as defined in section 414(e) of such Code) maintained by more than 1 employer, or to any application of rules similar to section 413(e) of such Code to such a plan, no inference shall H. R. 2617—831 be made from section 403(b)(15)(A) of such Code (as added by this Act) not applying to such plans.
(h) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to plan years beginning after December 31, 2022.
(2) RULE OF CONSTRUCTION.—Nothing in the amendments made by subsection (a) shall be construed as limiting the authority of the Secretary of the Treasury or the Secretary’s delegate (determined without regard to such amendment) to provide for the proper treatment of a failure to meet any requirement applicable under the Internal Revenue Code of 1986 with respect to one employer (and its employees) in the case of a plan to which section 403(b)(15) of the Internal Rev- enue Code of 1986 applies.

SEC.

107.
SEC.

107.

INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR MANDATORY DISTRIBUTIONS.

(a) IN GENERAL.—Section 401(a)(9)(C)(i)(I) is amended by striking ‘‘age 72’’ and inserting ‘‘the applicable age’’.

(b) SPOUSE BENEFICIARIES; SPECIAL RULE FOR OWNERS.—Sub- paragraphs (B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) are each amended by striking ‘‘age 72’’ and inserting ‘‘the applicable age’’.
(c) APPLICABLE AGE.—Section 401(a)(9)(C) is amended by adding at the end the following new clause: ‘‘(v) APPLICABLE AGE.— ‘‘(I) In the case of an individual who attains age 72 after December 31, 2022, and age 73 before January 1, 2033, the applicable age is 73.

‘‘(II) In the case of an individual who attains age 74 after December 31, 2032, the applicable age is 75.’’.
(d) CONFORMING AMENDMENTS.—The last sentence of section 408(b) is amended by striking ‘‘age 72’’ and inserting ‘‘the applicable age (determined under section 401(a)(9)(C)(v) for the calendar year in which such taxable year begins)’’.

(e) EFFECTIVE DATE.—The amendments made by this section shall apply to distributions required to be made after December 31, 2022, with respect to individuals who attain age 72 after such date.

SEC.

108.

INDEXING IRA CATCH-UP LIMIT.
(a) IN GENERAL.—Subparagraph (C) of section 219(b)(5) is amended by adding at the end the following new clause: ‘‘(iii) INDEXING OF CATCH-UP LIMITATION.—In the case of any taxable year beginning in a calendar year after 2023, the $1,000 amount under subparagraph (B)(ii) shall be increased by an amount equal to— ‘‘(I) such dollar amount, multiplied by ‘‘(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by sub- stituting ‘calendar year 2022’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
If any amount after adjustment under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lower multiple of $100.’’.

(b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2023.

SEC.

109.

HIGHER CATCH-UP LIMIT TO APPLY AT AGE 60, 61, 62, AND H. R. 2617—832 63.
(a) IN GENERAL.— OTHER (1) PLANS PLANS.—Section THAN 414(v)(2)(B)(i) is amended by inserting the following before the period: ‘‘(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)’’.
SIMPLE (2) SIMPLE PLANS.—Section 414(v)(2)(B)(ii) is amended by inserting the following before the period: ‘‘(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but would not attain age 64 before the close of the taxable year)’’.
(b) ADJUSTED DOLLAR AMOUNT.—Section 414(v)(2) is amended by adding at the end the following new subparagraph: ‘‘(E) ADJUSTED DOLLAR AMOUNT.—For purposes of subparagraph (B), the adjusted dollar amount is— ‘‘(i) in the case of clause (i) of subparagraph (B), the greater of— ‘‘(I) $10,000, or ‘‘(II) an amount equal to 150 percent of the dollar amount which would be in effect under such clause for 2024 for eligible participants not described in the parenthetical in such clause, or ‘‘(ii) in the case of clause (ii) of subparagraph (B), the greater of— ‘‘(I) $5,000, or ‘‘(II) an amount equal to equal to 150 percent of the dollar amount which would be in effect under such clause for 2025 for eligible participants not described in the parenthetical in such clause.’’.
(c) COST-OF-LIVING ADJUSTMENTS.—Subparagraph (C) of section 414(v)(2) is amended by adding at the end the following: ‘‘In the case of a year beginning after December 31, 2025, the Secretary shall adjust annually the adjusted dollar amounts applicable under clauses (i) and (ii) of subparagraph (E) for increases in the cost- of-living at the same time and in the same manner as adjustments under the preceding sentence; except that the base period taken into account shall be the calendar quarter beginning July 1, 2024.’’.
(d) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2024.

SEC.

110.

TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBU- TIONS.
(a) IN GENERAL.—Subparagraph (A) of section 401(m)(4) is amended by striking ‘‘and’’ at the end of clause (i), by striking the period at the end of clause (ii) and inserting ‘‘, and’’, and by adding at the end the following new clause: ‘‘(iii) subject to the requirements of paragraph (14), any employer contribution made to a defined contribu- tion plan on behalf of an employee on account of a qualified student loan payment.’’.
(b) QUALIFIED STUDENT LOAN PAYMENT.—Paragraph (4) of sec- tion 401(m) is amended by adding at the end the following new subparagraph: H. R. 2617—833 ‘‘(D) QUALIFIED STUDENT LOAN PAYMENT.—The term ‘qualified student loan payment’ means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only— ‘‘(i) to the extent such payments in the aggregate for the year do not exceed an amount equal to— ‘‘(I) the limitation applicable under section 402(g) for the year (or, if lesser, the employee’s compensation (as defined in section 415(c)(3)) for the year), reduced by ‘‘(II) the elective deferrals made by the employee for such year, and ‘‘(ii) if the employee certifies annually to the employer making the matching contribution under this paragraph that such payment has been made on such loan.
For purposes of this subparagraph, the term ‘qualified higher education expenses’ means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).’’.
(c) MATCHING CONTRIBUTIONS FOR QUALIFIED STUDENT LOAN PAYMENTS.—Section 401(m) is amended by redesignating paragraph (13) as paragraph (14), and by inserting after paragraph (12) the following new paragraph: ‘‘(13) MATCHING CONTRIBUTIONS FOR QUALIFIED STUDENT LOAN PAYMENTS.— ‘‘(A) IN GENERAL.—For purposes of paragraph (4)(A)(iii), an employer contribution made to a defined con- tribution plan on account of a qualified student loan pay- ment shall be treated as a matching contribution for pur- poses of this title if— ‘‘(i) the plan provides matching contributions on account of elective deferrals at the same rate as con- tributions on account of qualified student loan pay- ments, ‘‘(ii) the plan provides matching contributions on account of qualified student loan payments only on behalf of employees otherwise eligible to receive matching contributions on account of elective deferrals, ‘‘(iii) under the plan, all employees eligible to receive matching contributions on account of elective deferrals are eligible to receive matching contributions on account of qualified student loan payments, and ‘‘(iv) the plan provides that matching contributions on account of qualified student loan payments vest in the same manner as matching contributions on account of elective deferrals.
‘‘(B) TREATMENT FOR PURPOSES OF NONDISCRIMINATION RULES, ETC.— ‘‘(i) NONDISCRIMINATION RULES.—For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not H. R. 2617—834 have debt incurred under a qualified education loan (as defined in section 221(d)(1)).
‘‘(ii) STUDENT LOAN PAYMENTS NOT TREATED AS PLAN CONTRIBUTION.—Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title.
‘‘(iii) MATCHING CONTRIBUTION RULES.—Solely for purposes of meeting the requirements of paragraph (11)(B), (12), or (13) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), (13)(D), or (16)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable.
‘‘(iv) ACTUAL DEFERRAL PERCENTAGE TESTING.—In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection sepa- rately with respect to all employees who receive in paragraph matching (4)(A)(iii) for the plan year.

‘‘(C) EMPLOYER MAY RELY ON EMPLOYEE CERTIFI- CATION.—The employer may rely on an employee certifi- cation of payment under paragraph (4)(D)(ii).’’.
contributions described (d) SIMPLE RETIREMENT ACCOUNTS.—Paragraph (2) of section 408(p) is amended by adding at the end the following new subpara- graph: ‘‘(F) MATCHING CONTRIBUTIONS FOR QUALIFIED STUDENT LOAN PAYMENTS.— ‘‘(i) IN GENERAL.—Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for pur- poses of such subparagraph, qualified student loan pay- ments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such pay- ments do not exceed— ‘‘(I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee’s compensation (as defined in section 415(c)(3)) for the year), reduced by ‘‘(II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year.
‘‘(ii) QUALIFIED STUDENT LOAN PAYMENT.—For pur- poses of this subparagraph— ‘‘(I) IN GENERAL.—The term ‘qualified student loan payment’ means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan.
EDUCATION EXPENSES.—The term ‘qualified higher education expenses’ has the same meaning as when used in section 401(m)(4)(D).
QUALIFIED HIGHER ‘‘(II) H. R. 2617—835 ‘‘(iii) APPLICABLE RULES.—Clause (i) shall apply to an arrangement only if, under the arrangement— ‘‘(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ‘‘(II) all employees otherwise eligible to partici- pate in the arrangement are eligible to receive matching contributions on account of qualified stu- dent loan payments.’’.
(e) 403(b) PLANS.—Subparagraph (A) of section 403(b)(12) is amended by adding at the end the following: ‘‘The fact that the employer offers matching contributions on account of qualified stu- dent loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation there- under).’’.
(f) 457(b) PLANS.—Subsection (b) of section 457 is amended by adding at the end the following: ‘‘A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely because the plan, or another plan main- tained by the employer which meets the requirements of section 401(a) or 403(b), provides for matching contributions on account of qualified student in section 401(m)(13).’’.
loan payments as described (g) REGULATORY AUTHORITY.—The Secretary of the Treasury (or such Secretary’s delegate) shall prescribe regulations for pur- poses of implementing the amendments made by this section, including regulations— loan payments, as defined (1) permitting a plan to make matching contributions for qualified student in sections 401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986, as added by this section, at a different frequency than matching contributions are otherwise made under the plan, provided that the frequency is not less than annually; (2) permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan, including an annual deadline (not earlier than 3 months after the close of each plan year) by which a claim must be made; and (3) promulgating model amendments which plans may adopt to implement matching contributions on such qualified student loan payments for purposes of sections 401(m), 408(p), 403(b), and 457(b) of the Internal Revenue Code of 1986.
(h) EFFECTIVE DATE.—The amendments made by this section shall apply to contributions made for plan years beginning after December 31, 2023.

SEC.

111.

APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN STARTUP COSTS TO EMPLOYERS WHICH JOIN AN EXISTING PLAN.

(a) IN GENERAL.—Section 45E(d)(3)(A) is amended by striking ‘‘effective’’ and inserting ‘‘effective with respect to the eligible employer’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall take effect as if included in the enactment of section 104 H. R. 2617—836 of the Setting Every Community Up for Retirement Enhancement Act of 2019.

SEC.

112.

MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY CREDIT FOR SMALL EMPLOYERS.

(a) IN GENERAL.—Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: ‘‘SEC.

45AA.

MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY CREDIT FOR SMALL EMPLOYERS.
‘‘(a) IN GENERAL.—For purposes of section 38, in the case of any eligible small employer, the military spouse retirement plan eligibility credit determined under this section for any taxable year is an amount equal to the sum of— ‘‘(1) $200 with respect to each military spouse who is an employee of such employer and who participates in an eligible defined contribution plan of such employer at any time during such taxable year, plus ‘‘(2) so much of the contributions made by such employer (other than an elective deferral (as defined in section 402(g)(3)) to all such plans with respect to such employee during such taxable year as do not exceed $300.
‘‘(b) LIMITATION.—An individual shall only be taken into account as a military spouse under subsection (a) for the taxable year which includes the date on which such individual began partici- pating in the eligible defined contribution plan of the employer and the 2 succeeding taxable years.

‘‘(c) ELIGIBLE SMALL EMPLOYER.—For purposes of this section, the term ‘eligible small employer’ means an eligible employer (as defined in section 408(p)(2)(C)(i)(I).
‘‘(d) MILITARY SPOUSE.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘military spouse’ means, with respect to any employer, any individual who is married (within the meaning of section 7703 as of the first date that the employee is employed by the employer) to an individual who is a member of the uniformed services (as defined section 101(a)(5) of title 10, United States Code) serving on active duty.
For purposes of this section, an employer may rely on an employee’s certification that such employee’s spouse is a member of the uniformed services if such certification provides the name, rank, and service branch of such spouse.

‘‘(2) EXCLUSION OF HIGHLY COMPENSATED EMPLOYEES.— With respect to any employer, the term ‘military spouse’ shall not include any individual if such individual is a highly com- pensated employee of such employer (within the meaning of section 414(q)).
‘‘(e) ELIGIBLE DEFINED CONTRIBUTION PLAN.—For purposes of this section, the term ‘eligible defined contribution plan’ means, with respect to any eligible small employer, any defined contribution plan (as defined in section 414(i)) of such employer if, under the terms of such plan— ‘‘(1) military spouses employed by such employer are eligible to participate in such plan not later than the date which is 2 months after the date on which such individual begins employment with such employer, and ‘‘(2) military spouses who are eligible to participate in such plan— H. R. 2617—837 ‘‘(A) are immediately eligible to receive an amount of employer contributions under such plan which is not less the amount of such contributions that a similarly situated participant who is not a military spouse would be eligible to receive under such plan after 2 years of service, and ‘‘(B) immediately have a nonforfeitable right to the employee’s accrued benefit derived from employer contribu- tions under such plan.
‘‘(f) AGGREGATION RULE.—All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one employer for purposes of this section.’’.
(b) CREDIT ALLOWED AS PART OF GENERAL BUSINESS CREDIT.— Section 38(b) is amended by striking ‘‘plus’’ at the end of paragraph (39), by striking the period at the end of paragraph (40) and inserting ‘‘, plus’’, and by adding at the end the following new paragraph: ‘‘(41) in the case of an eligible small employer (as defined in section 45AA(c)), the military spouse retirement plan eligi- bility credit determined under section 45AA(a).’’.
(c) SPECIFIED CREDIT FOR PURPOSES OF CERTIFIED PROFES- SIONAL EMPLOYER ORGANIZATIONS.—Section 3511(d)(2) is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively, and by inserting after subparagraph (E) the following new subparagraph: ‘‘(F) section 45AA (military spouse retirement plan eligibility credit),’’.
(d) CLERICAL AMENDMENT.—The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ‘‘Sec.

45AA.

Military spouse retirement plan eligibility credit for small employers.’’.

(e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after the date of the enact- ment of this Act.

SEC.

113.

SMALL IMMEDIATE FINANCIAL INCENTIVES FOR CONTRIB- UTING TO A PLAN.
(a) IN GENERAL.—Subparagraph (A) of section 401(k)(4) is amended by inserting ‘‘(other than a de minimis financial incentive (not paid for with plan assets) provided to employees who elect to have the employer make contributions under the arrangement in lieu of receiving cash)’’ after ‘‘any other benefit’’.
(b) SECTION 403(b) PLANS.—Subparagraph (A) of section 403(b)(12), as amended by the preceding provisions of this Act, is further amended by adding at the end the following: ‘‘A plan shall not fail to satisfy clause (ii) solely by reason of offering a de minimis financial incentive (not derived from plan assets) to employees to elect to have the employer make contributions pursuant to a salary reduction agreement.’’.
(c) EXEMPTION FROM PROHIBITED TRANSACTION RULES.—Sub- section (d) of section 4975 is amended by striking ‘‘or’’ at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ‘‘, or’’, and by adding at the end the following new paragraph: ‘‘(24) the provision of a de minimis financial incentive described in section 401(k)(4)(A).’’.
H. R. 2617—838 (d) AMENDMENT OF EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Subsection (b) of section 408 of the Employee Retire- ment Income Security Act of 1974 (29 U.S.C.

1108(b)) is amended by adding at the end the following new paragraph: ‘‘(21) The provision of a de minimis financial incentive described in section 401(k)(4)(A) or section 403(b)(12)(A) of the Internal Revenue Code of 1986.’’.
(e) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act.

SEC.

114.

DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO EMPLOYEE STOCK OWNERSHIP PLAN SPON- SORED BY S CORPORATION.

(a) IN GENERAL.—Section 1042(c)(1)(A) is amended by striking ‘‘domestic C corporation’’ and inserting ‘‘domestic corporation’’.
(b) 10 PERCENT LIMITATION ON APPLICATION OF GAIN ON SALE OF S CORPORATION STOCK.—Section 1042 is amended by adding at the end the following new subsection: ‘‘(h) APPLICATION OF SECTION TO SALE OF STOCK IN S CORPORA- TION.—In the case of the sale of qualified securities of an S corpora- tion, the election under subsection (a) may be made with respect to not more than 10 percent of the amount realized on such sale for purposes of determining the amount of gain not recognized and the extent to which (if at all) the amount realized on such sale exceeds the cost of qualified replacement property.
The portion of adjusted basis that is properly allocable to the portion of the amount realized with respect to which the election is made under this subsection shall be taken into account for purposes of the preceding sentence.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to sales after December 31, 2027.

SEC.

115.

WITHDRAWALS FOR CERTAIN EMERGENCY EXPENSES.


(a) IN GENERAL.—Paragraph (2) of section 72(t) is amended by adding at the end the following new subparagraph: CERTAIN ‘‘(I) DISTRIBUTIONS FOR EMERGENCY EXPENSES.— distribution.

‘‘(i) IN GENERAL.—Any emergency personal expense ‘‘(ii) ANNUAL LIMITATION.—Not more than 1 dis- tribution per calendar year may be treated as an emer- gency personal expense distribution by any individual.
‘‘(iii) DOLLAR LIMITATION.—The amount which may be treated as an emergency personal expense distribu- tion by any individual in any calendar year shall not exceed the lesser of $1,000 or an amount equal to the excess of— ‘‘(I) the individual’s total nonforfeitable accrued benefit under the plan (the individual’s total interest in the plan in the case of an indi- vidual retirement plan), determined as of the date of each such distribution, over ‘‘(II) $1,000.
‘‘(iv) EMERGENCY PERSONAL EXPENSE DISTRIBU- TION.—For purposes of this subparagraph, the term ‘emergency personal expense distribution’ means any distribution from an applicable eligible retirement plan H. R. 2617—839 (as defined in subparagraph (H)(vi)(I)) to an individual for purposes of meeting unforeseeable or immediate financial needs relating to necessary personal or family emergency expenses.
The administrator of an applicable eligible retirement plan may rely on an employee’s written certification that the employee satisfies the conditions of the preceding sentence in determining whether any distribution is an emergency personal expense distribution.
The Secretary may pro- vide by regulations for exceptions to the rule of the preceding sentence in cases where the plan adminis- trator has actual knowledge to the contrary of the employee’s certification, and for addressing cases of employee misrepresentation.
for procedures ‘‘(v) TREATMENT OF PLAN DISTRIBUTIONS.—If a dis- tribution to an individual would (without regard to clause (ii) or (iii)) be an emergency personal expense distribution, a plan shall not be treated as failing to meet any requirement of this title merely because the plan treats the distribution as an emergency per- sonal expense distribution, unless the number or the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer, deter- mined as provided in subparagraph (H)(iv)(II)) to such individual exceeds the limitation determined under clause (ii) or (iii).
‘‘(vi) AMOUNT DISTRIBUTED MAY BE REPAID.—Rules similar to the rules of subparagraph (H)(v) shall apply with respect to an individual who receives a distribu- tion to which clause (i) applies.
‘‘(vii) LIMITATION ON SUBSEQUENT DISTRIBU- TIONS.—If a distribution is treated as an emergency personal expense distribution in any calendar year with respect to a plan of the employee, no amount may be treated as such a distribution during the imme- diately following 3 calendar years with respect to such plan unless— ‘‘(I) such previous distribution is fully repaid to such plan pursuant to clause (vi), or ‘‘(II) the aggregate of the elective deferrals and employee contributions to the plan (the total amounts contributed to the plan in the case of an individual retirement plan) subsequent to such previous distribution is at least equal to the amount of such previous distribution which has not been so repaid.
‘‘(viii) SPECIAL RULES.—Rules similar to the rules of subclauses (II) and (IV) of subparagraph (H)(vi) shall apply to any emergency personal expense distribu- tion.’’.

(b) CROSS-REFERENCE.—See section 311 of this Act for amend- ment to section 72(t)(2)(H)(v)(I) of the Internal Revenue Code of 1986 limiting repayment of distribution to 3 years.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to distributions made after December 31, 2023.

SEC.

116.
SEC.

116.

ALLOW ADDITIONAL NONELECTIVE CONTRIBUTIONS TO H. R. 2617—840 SIMPLE PLANS.
(a) IN GENERAL.— (1) MODIFICATION TO DEFINITION.—Subparagraph (A) of sec- tion 408(p)(2) is amended by striking ‘‘and’’ at the end of clause (iii), by redesignating clause (iv) as clause (v), and by inserting after clause (iii) the following new clause: ‘‘(iv) the employer may make nonelective contribu- tions of a uniform percentage (up to 10 percent) of compensation for each employee who is eligible to participate in the arrangement, and who has at least $5,000 of compensation from the employer for the year, but such contributions with respect to any employee shall not exceed $5,000 for the year, and’’.
(2) LIMITATION.—Subparagraph (A) of section 408(p)(2) is amended by adding at the end the following: ‘‘The compensation taken into account under clause (iv) for any year shall not exceed the limitation in effect for such year under section 401(a)(17).’’.
(3) OVERALL DOLLAR LIMIT ON CONTRIBUTIONS.—Paragraph (8) of section 408(p) is amended to read as follows: ‘‘(8) COORDINATION WITH MAXIMUM LIMITATION.—In the case of any simple retirement account— ‘‘(A) subsection (a)(1) shall be applied by substituting for ‘the amount in effect for such taxable year under section 219(b)(1)(A)’ the following: ‘the sum of the dollar amount in effect under subsection (p)(2)(A)(ii), the employer con- (p)(2)(A)(iii) or tribution required under subsection (p)(2)(B)(i), whichever is applicable, and a contribution which meets the requirement of subsection (p)(2)(A)(iv) with respect to the employee’, and ‘‘(B) subsection (b)(2)(B) shall be applied by sub- stituting for ‘the dollar amount in effect under section 219(b)(1)(A)’ the following: ‘the sum of the dollar amount in effect under subsection (p)(2)(A)(ii), the employer con- tribution required under subsection (p)(2)(A)(iii) or (p)(2)(B)(i), whichever is applicable, and a contribution which meets the requirement of subsection (p)(2)(A)(iv) with respect to the employee’.’’.
(4) ADJUSTMENT FOR INFLATION.—Paragraph (2) of section 408(p), as amended by this Act, is further amended by adding at the end the following new subparagraph: ‘‘(G) ADJUSTMENT FOR INFLATION.—In the case of tax- able years beginning after December 31, 2024, the $5,000 amount in subparagraph (A)(iv)(II) shall be increased by an amount equal to— ‘‘(i) such amount, multiplied by ‘‘(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘2023’ for ‘2016’ in subparagraph (A)(ii) thereof.
If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.’’.

(b) CONFORMING AMENDMENTS.— H. R. 2617—841 (1) Section 408(p)(2)(A)(v), as redesignated by subsection (a), is amended by striking ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’.
(2) Section 401(k)(11)(B)(i) is amended by striking ‘‘and’’ at the end of subclause (II), by redesignating subclause (III) as subclause (IV), and by inserting after subclause (II) the following new subclause: ‘‘(III) the employer may make nonelective con- tributions of a uniform percentage (up to 10 per- cent) of compensation, but not to exceed the amount in effect under section 408(p)(2)(A)(iv) in any year, for each employee who is eligible to participate in the arrangement and who has at least $5,000 of compensation from the employer for the year, and’’.
(3) Section 401(k)(11)(B)(i)(IV), as redesignated by para- graph (2), is amended by striking ‘‘or (II)’’ and inserting ‘‘, (II), or (III)’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2023.

SEC.

117.

CONTRIBUTION LIMIT FOR SIMPLE PLANS.
(a) IN GENERAL.—Subparagraph (E) of section 408(p)(2) is amended— (1) by striking ‘‘amount is’’ and all that follows in clause (i) and inserting the following: ‘‘dollar amount is— ‘‘(I) the adjusted dollar amount in the case of an eligible employer described in clause (iii) which had not more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year, ‘‘(II) the adjusted dollar amount in the case of an eligible employer described in clause (iii) which is not described in subclause (I) and which elects, at such time and in such manner as pre- scribed by the Secretary, the application of this subclause for the year, and ‘‘(III) $10,000 in any other case.’’, (2) by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: ‘‘(ii) ADJUSTED DOLLAR AMOUNT.—For purposes of clause (i), the adjusted dollar amount is an amount equal to 110 percent of the dollar amount in effect under clause (i)(III) for calendar year 2024.’’, (3) by striking ‘‘ADJUSTMENT.—In the case of’’ in clause (iii), as so redesignated, and inserting ‘‘ADJUSTMENT.— ‘‘(I) CERTAIN LARGE EMPLOYERS.—In the case of’’, (4) by striking ‘‘clause (i)’’ in such clause (iii) and inserting ‘‘clause (i)(III)’’, and (5) by adding at the end of such clause (iii) the following new subclause: ‘‘(II) OTHER EMPLOYERS.—In the case of a year beginning after December 31, 2024, the Secretary shall adjust annually the adjusted dollar amount under clause (ii) in the manner provided under
 subclause (I) of this clause, except that the base H. R. 2617—842 period taken into account shall be the calendar quarter beginning July 1, 2023.’’.
(b) CATCH-UP CONTRIBUTIONS.—Paragraph (2) of section 414(v) is amended— (1) in subparagraph (B)— (A) by striking ‘‘the applicable’’ in clause (ii), as amended by this Act, and inserting ‘‘except as provided in clause (iii), the applicable’’; and ‘‘(I) which (B) by adding at the end the following new clause: ‘‘(iii) In the case of an applicable employer plan— is maintained by an eligible employer described in section 408(p)(2)(E)(i)(I), or ‘‘(II) to which an election under section 408(p)(2)(E)(i)(II) applies for the year (including a plan described in section 401(k)(11) which is maintained by an eligible employer described in section 408(p)(2)(E)(i)(II) and to which such elec- tion applies by reason of subparagraphs (B)(i)(I) and (E) of section 401(k)(11)), the applicable dollar amount is an amount equal to 110 percent of the dollar amount in effect under clause (ii) for calendar year 2024.’’, and (2) in subparagraph (C), as amended by this Act— (A) by striking ‘‘ADJUSTMENT.—In the case of’’ and inserting the following: ‘‘ADJUSTMENT.— ‘‘(i) CERTAIN LARGE EMPLOYERS.—In the case of’’, and (B) by adding at the end the following new clause: ‘‘(ii) OTHER EMPLOYERS.—In the case of a year beginning after December 31, 2024, the Secretary shall adjust annually the dollar amount described in subparagraph (B)(iii) in the manner provided under clause (i) of this subparagraph, except that the base period taken into account shall be the calendar quarter beginning July 1, 2023.’’.
(c) EMPLOYER MATCH.—Clause (ii) of section 408(p)(2)(C) is amended— (1) by striking ‘‘The term’’ in subclause (I) and inserting ‘‘Except as provided in subclause (IV), the term’’, (2) by adding at the end the following new subclause: ‘‘(IV) SPECIAL RULE FOR ELECTING LARGER EMPLOYERS.—In the case of an employer which had more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year, and which makes the election under subparagraph (E)(i)(II) for any year, sub- clause (I) shall be applied for such year by sub- stituting ‘4 percent’ for ‘3 percent’.’’, and (3) by striking ‘‘3 percent’’ each place it appears in sub- clauses (II) and (III) and inserting ‘‘the applicable percentage’’.
(d) INCREASE IN NONELECTIVE EMPLOYER CONTRIBUTION FOR ELECTING LARGER EMPLOYERS.—Subparagraph (B) of section 408(p)(2) is amended by adding at the end the following new clause: ELECTING LARGER EMPLOYERS.—In the case of an employer which had more than 25 employees who received at least $5,000 of compensation from the employer for the preceding ‘‘(iii) SPECIAL RULE FOR H. R. 2617—843 year, and which makes the election under subpara- graph (E)(i)(II) for any year, clause (i) shall be applied for such year by substituting ‘3 percent’ for ‘2 percent’.’’.
(e) TRANSITION RULE.—Paragraph (2) of section 408(p), as amended by this Act, is further amended by adding at the end the following new subparagraph: ‘‘(H) 2-YEAR GRACE PERIOD.—An eligible employer which had not more than 25 employees who received at least $5,000 of compensation from the employer for 1 or more years, and which has more than 25 such employees for any subsequent year, shall be treated for purposes of subparagraph (E)(i) as having 25 such employees for the 2 years following the last year the employer had not more than 25 such employees, and not as having made the election under subparagraph (E)(i)(II) for such 2 years.
Rules similar to the second sentence of subparagraph (C)(i)(II) shall apply for purposes of this subparagraph.’’.
(f) AMENDMENTS APPLY ONLY IF EMPLOYER HAS NOT HAD ANOTHER PLAN WITHIN 3 YEARS.—Subparagraph (E) of section 408(p)(2), as amended by subsection (a), is further amended by adding at the end the following new clause: ‘‘(iv) EMPLOYER HAS NOT HAD ANOTHER PLAN WITHIN 3 YEARS.—An eligible employer is described in this clause only if, during the 3-taxable-year period immediately preceding the 1st year the employer main- tains the qualified salary reduction arrangement under this paragraph, neither the employer nor any member of any controlled group including the employer (or any predecessor of either) established or maintained any plan described in clause (i), (ii), or (iv) of section 219(g)(5)(A) with respect to which contributions were made, or benefits were accrued, for substantially the same employees as are eligible to participate in such qualified salary reduction arrangement.’’.
(g) CONFORMING AMENDMENTS RELATING TO SIMPLE 401(k)S.— (1) Subclause (I) of section 401(k)(11)(B)(i) is amended by inserting ‘‘(after the application of any election under section 408(p)(2)(E)(i)(II))’’ before the comma.
(2) Paragraph (11) of section 401(k) is amended by adding at the end the following new subparagraph: ‘‘(E) EMPLOYERS ELECTING INCREASED CONTRIBU- TIONS.—In the case of an employer which applies an elec- tion 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 subpara- graphs (B)(iii), (C)(ii)(IV), and (G) of section 408(p)(2) shall apply for purposes of subparagraphs (B)(i)(II) and (B)(ii) of this paragraph.’’.
(h) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2023.
(i) REPORTS BY SECRETARY.— (1) IN GENERAL.—The Secretary of the Treasury shall, not later than December 31, 2024, and annually thereafter, report to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and H. R. 2617—844 Means and Education and Labor of the House of Representa- tives on the data described in paragraph (2), together with any recommendations the Secretary deems appropriate.
(2) DATA DESCRIBED.—For purposes of the report required under paragraph (1), the Secretary of the Treasury shall collect data and information on— (A) the number of plans described in section 408(p) or 401(k)(11) of the Internal Revenue Code of 1986 that are maintained or established during a year; (B) the number of participants eligible to participate in such plans for such year; (C) median contribution amounts for the participants described in subparagraph (B); (D) the types of investments that are most common under such plans; and (E) the fee levels charged in connection with the maintenance of accounts under such plans.
Such data and information shall be collected separately for each type of plan.

For purposes of collecting such data, the Secretary of the Treasury may use such data as is otherwise available to the Secretary for publication and may use such approaches as are appropriate under the circumstances, including the use of voluntary surveys and collaboration on studies.

SEC.

118.

TAX TREATMENT OF CERTAIN NONTRADE OR BUSINESS SEP CONTRIBUTIONS.
(a) IN GENERAL.—Subparagraph (B) of section 4972(c)(6) is amended— (1) by striking ‘‘408(p)) or’’ and inserting ‘‘408(p)),’’; and (2) by inserting ‘‘, or a simplified employee pension (within the meaning of section 408(k))’’ after ‘‘401(k)(11))’’.

(b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
(2) NO INFERENCE.—Nothing in the amendments made by this section shall be construed to infer the proper treatment under section 4972(c)(6) of the Internal Revenue Code of 1986 of nondeductible contributions to which the amendments made by this section do not apply.

SEC.

119.

APPLICATION OF SECTION 415 LIMIT FOR CERTAIN EMPLOYEES OF RURAL ELECTRIC COOPERATIVES.
(a) IN GENERAL.—Section 415(b) is amended by adding at the end the following new paragraph: ‘‘(12) SPECIAL RULE FOR CERTAIN EMPLOYEES OF RURAL ELECTRIC COOPERATIVES.— ‘‘(A) IN GENERAL.—Subparagraph (B) of paragraph (1) shall not apply to a participant in an eligible rural electric cooperative plan, except in the case of a participant who was a highly compensated employee (as defined in section 414(q)) of an employer maintaining such plan for the earlier of— ‘‘(i) the plan year in which the participant termi- nated employment with such employer, or ‘‘(ii) the plan year in which distributions commence under the plan with respect to the participant, or H. R. 2617—845 for any of the 5 plan years immediately preceding such earlier plan year.
‘‘(B) ELIGIBLE RURAL ELECTRIC COOPERATIVE PLAN.— For purposes of this paragraph— ‘‘(i) IN GENERAL.—The term ‘eligible rural electric cooperative plan’ means a plan maintained by more than 1 employer, with respect to which at least 85 percent of the employers maintaining the plan are rural cooperatives described in clause (i) or (ii) of sec- tion 401(k)(7)(B) or are a national association of such a rural cooperative.
‘‘(ii) ELECTION.—An employer maintaining an eligible rural cooperative plan may elect not to have subparagraph (A) apply to its employees.

‘‘(C) REGULATIONS.—The Secretary shall prescribe such regulations and other guidance as are necessary to limit the application of subparagraph (A) such that it does not result for highly compensated employees.’’.
increased benefits in (b) EFFECTIVE DATE.—The amendment made by this section shall apply to limitation years ending after the date of the enact- ment of this Act.

SEC.

120.

EXEMPTION FOR CERTAIN AUTOMATIC PORTABILITY TRANS- ACTIONS.
(a) IN GENERAL.—Section 4975(d), as amended by the preceding provisions of this Act, is further amended by striking ‘‘or’’ at the end of paragraph (23), by striking the period at the end of paragraph (24) and inserting ‘‘, or’’, and by adding at the end the following new paragraph: ‘‘(25) the receipt of fees and compensation by the automatic portability provider for services provided in connection with an automatic portability transaction.’’.
(b) OTHER DEFINITIONS AND SPECIAL RULES.—Section 4975(f) is amended by adding at the end the following new paragraph: ‘‘(12) RULES RELATING TO AUTOMATIC PORTABILITY TRANS- ACTIONS.— ‘‘(A) IN GENERAL.—For purposes of subsection (d)(25)— ‘‘(i) AUTOMATIC PORTABILITY TRANSACTION.—An automatic portability transaction is a transfer of assets made— ‘‘(I) from an individual retirement plan which is established on behalf of an individual and to which amounts were transferred under section 401(a)(31)(B)(i), ‘‘(II) to an employer-sponsored retirement plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B) (other than a defined benefit plan) in which such individual is an active participant, and ‘‘(III) after such individual has been given advance notice of the transfer and has not affirma- tively opted out of such transfer.
‘‘(ii) AUTOMATIC PORTABILITY PROVIDER.—An auto- matic portability provider is a person, other than an individual, who executes transfers described in clause (i).
H. R. 2617—846 ‘‘(B) CONDITIONS FOR AUTOMATIC PORTABILITY TRANS- ACTIONS.—Subsection (d)(25) shall not apply to an auto- matic portability transaction unless the following require- ments are satisfied: ‘‘(i) ACKNOWLEDGMENT OF FIDUCIARY STATUS.—An automatic portability provider shall acknowledge in writing, at such time and format as specified by the Secretary of Labor, that the provider is a fiduciary individual retirement plan with respect to the described in subparagraph (A)(i)(I).
‘‘(ii) FEES.—The fees and compensation received, directly or indirectly, by the automatic portability pro- vider for services provided in connection with the auto- matic portability transaction (including any increase in such fees or compensation and any fees or compensa- tion in connection with, but received before, the trans- action)— ‘‘(I) shall not exceed reasonable compensation, and ‘‘(II) shall be fully disclosed to and approved in writing in advance of the transaction by a plan fiduciary of the plan described in subparagraph (A)(i)(II) which is independent of the automatic portability provider.
An automatic portability provider shall not receive any fees or compensation in connection with an automatic portability transaction involving a plan which is spon- sored or maintained by the automatic portability pro- vider.

‘‘(iii) DATA USAGE.—The automatic portability pro- vider shall not market or sell data relating to the individual retirement plan described in subparagraph (A)(i)(I) or to the participants of the plan described in subparagraph (A)(i)(II).
‘‘(iv) OPEN PARTICIPATION.—The automatic port- ability provider shall offer automatic portability trans- actions on the same terms to any plan described in subparagraph (A)(i)(II).
‘‘(v) PRE-TRANSACTION NOTICE.—At least 60 days in advance of an automatic portability transaction, the automatic portability provider shall provide notice to the individual on whose behalf the individual retire- ment plan described in subparagraph (A)(i)(I) is estab- lished which includes— ‘‘(I) a description of the automatic portability transaction and a complete and accurate statement of all fees which will be charged and all compensa- tion which will be received in connection with the transaction, ‘‘(II) a clear and prominent description of the individual’s right to affirmatively elect not to participate in the transaction as well as the other available distribution options, the deadline by which the individual must make an election, the procedures for such an election, and a telephone number for the automatic portability provider that the individual may call to make such election, H. R. 2617—847 ‘‘(III) a description of the individual’s right to designate a beneficiary and the procedures to do so, and ‘‘(IV) such other disclosures as the Secretary of Labor may require by regulation.
‘‘(vi) POST-TRANSACTION NOTICE.—Not later than 3 business days after an automatic portability trans- action, the automatic portability provider shall provide notice to the individual on whose behalf the individual retirement plan described in subparagraph (A)(i)(I) is established of— ‘‘(I) the actions taken by the automatic port- ability provider with respect to the individual’s account, ‘‘(II) all relevant information regarding the location and amount of any transferred assets, ‘‘(III) a statement of fees charged against the account by the automatic portability provider or its affiliates in connection with the transfer, ‘‘(IV) a telephone number at which the indi- vidual can contact the automatic portability pro- vider, and ‘‘(V) such other disclosures as the Secretary of Labor may require by regulation.
‘‘(vii) NOTICE REQUIREMENTS.—The notices required under clauses (v) and (vi) shall be written in a manner calculated to be understood by the average person and shall not include inaccurate or misleading statements.

‘‘(viii) FREQUENCY OF SEARCHES.—The automatic portability provider shall query on at least a monthly basis whether any individual with an individual retire- ment plan described in subparagraph (A)(i)(I) has an account in a plan described in subparagraph (A)(i)(II).
‘‘(ix) TIMELINESS OF EXECUTION.—After liquidating the assets of an individual retirement plan described in subparagraph (A)(i)(I) to cash, an automatic port- ability provider shall transfer the account balance of such plan as soon as practicable to the plan described in subparagraph (A)(i)(II).
‘‘(x) LIMITATION ON EXERCISE OF DISCRETION.—The automatic portability provider shall neither have nor exercise discretion to affect the timing or amount of the transfer pursuant to an automatic portability transaction other than to deduct the appropriate fees as described in clause (ii).
‘‘(xi) RECORD RETENTION AND AUDITS.— ‘‘(I) IN GENERAL.—An automatic portability provider shall, for not less than 6 years after the automatic portability transaction has occurred, maintain the records sufficient to demonstrate the terms of this subparagraph have been met.

The automatic portability provider shall make such records available to any authorized employee of the Department of the Treasury or the Department of Labor within 30 calendar days of the date of a written request for such records.
H. R. 2617—848 ‘‘(II) AUDITS.—An automatic portability pro- vider shall conduct an annual audit, in accordance with regulations promulgated by the Secretary of Labor, of automatic portability transactions occur- ring during the calendar year to demonstrate compliance with this paragraph and any regula- tions thereunder and identify any instances of non- compliance therewith, and shall submit such audit annually to the Secretary of Labor, in such form and manner as specified by such Secretary.
‘‘(xii) WEBSITE.—The automatic portability pro- vider shall maintain a website which contains— ‘‘(I) a list of recordkeepers for each plan described in subparagraph (A)(i)(II) with respect to which the provider carries out automatic port- ability transactions, and ‘‘(II) a list of all fees described in clause (ii)(II) paid to the provider.’’.
(c) REGULATORY AUTHORITY.—Not later than 12 months after the date of the enactment of this Act, the Secretary of Labor shall issue such guidance as may be necessary to carry out the purposes of the amendments made by this section, including regula- tions or other guidance which— (1) require an automatic portability provider to provide a notice to individuals on whose behalf the individual retire- ment plan described in paragraph (12)(A)(i)(I) of section 4975(f) of the Internal Revenue Code of 1986, as added by this section, is established in advance of the notices specified in paragraph (12)(B)(v) of such section, as so added, (2) require an automatic portability provider to disclose to plans described in paragraph (12)(A)(i)(II) of section 4975(f) of the Internal Revenue Code of 1986, as added by this section, information required to be provided by a covered service pro- vider pursuant to section 2550.408b–2(c) of title 29, Code of Federal Regulations, (3) require a plan described in such paragraph (12)(A)(i)(II), as so added, to fully disclose fees related to an automatic portability transaction in its summary plan description or sum- mary of material modifications, as relevant, (4) require a plan described in such paragraph, as so added, to invest amounts received on behalf of a participant pursuant to an automatic portability transaction in the participant’s cur- rent investment election under the plan or, if no election is made or permitted, in the plan’s qualified default investment alternative (within
 the meaning of section 2550.404c–5 of title 29, Code of Federal Regulations) or another investment selected by a fiduciary with respect to such plan, (5) prohibit or restrict the receipt or payment of third party compensation (other than a direct fee paid by a plan sponsor which is in lieu of a fee imposed on an individual retirement plan owner) by an automatic portability provider in connection with an automatic portability transaction, (6) prohibit exculpatory provisions in an automatic port- ability
 provider’s contracts or communications with individuals disclaiming or limiting its liability in the event that an auto- matic portability transaction results in an improper transfer, H. R. 2617—849 (7) require an automatic portability provider to take actions necessary to reasonably ensure that participant and beneficiary data is current and accurate, (8) limit the use of data related to automatic portability transactions for any purpose other than the execution of such transactions or locating missing participants, except as per- mitted by the Secretary of Labor, (9) provide for corrections procedures in the event an auditor determines the automatic portability provider was not in compliance with this provision and related regulations as specified in paragraph (12)(B)(ix)(II) of section 4975(f) of such Code, as so added, including deadlines, supplemental audits, and corrective actions which may include a temporary prohibi- tion from relying on the exemption provided by paragraph (25) of section 4975(d) of such Code, as added by this section, (10) ensure that the appropriate participants and bene- ficiaries, in fact, receive all the required notices and disclosures, and (11) make clear that the exemption provided by paragraph (25) of section 4975(d) of such Code, as added by this section, applies solely to the automatic portability transactions described therein, and, to the extent the Secretary deems nec- essary or advisable, specify how the application of the exemp- tion relates to or coordinates with the application of other statutory provisions, regulations, administrative guidance, or exemptions.
Any term used in this subsection which is used in paragraph (12) of section 4975(f) of such Code, as added by this section, has the same meaning as when used in such paragraph.
(d) REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than 2 years after the date of the first audit report received by the Secretary of Labor from any automatic portability provider, and every 3 years thereafter, the Secretary of Labor shall report to the Commit- tees on Health, Education, Labor and Pensions and Finance of the Senate and the Committees on Education and Labor and Ways and Means of the House of Representatives on— (A) the effectiveness of automatic portability trans- actions under the exemption provided by paragraph (25) of section 4975(d) of the Internal Revenue Code of 1986, as added by this section, detailing— (i) the number of automatic cash outs from quali- fied plans to individual retirement plans described in section 4975(f)(12)(A)(i)(I) of such Code, (ii) the number of completed automatic portability transactions to employer-sponsored retirement plans described in section 4975(f)(12)(A)(i)(II) of such Code, (iii) the number of individual retirement plans described in section 4975(f)(12)(A)(i)(I) of such Code which have been transferred to designated bene- ficiaries, (iv) the number of individual retirement plans described in section 4975(f)(12)(A)(i)(I) of such Code for which the automatic portability provider is searching for next of kin due to a deceased account holder without a designated beneficiary, and H. R. 2617—850 (v) the number of accounts that were reduced to a zero balance while in the automatic portability pro- vider’s custody; (B) a summary of any consumer complaints submitted
 the Employee Benefits Security Administration to regarding automatic portability transactions; (C) a summary of compliance issues found in the annual audit described in section 4975(f)(12)(B)(xiii)(II) of such Code, if any, and their corrections; (D) a summary of the fees individuals are charged in connection with automatic portability transactions, including whether those fees have increased since the last report; (E) recommendations of any necessary statutory changes to this exemption to improve the effectiveness of automatic portability transactions, including repeal of this provision in the event of a pattern of noncompliance; and (F) any other information the Secretary of Labor deems important.
The report required by this subsection shall be made publicly available.

(2) REPORT ON NOTICES RELATING TO AUTOMATIC TRANS- FERS.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Treasury shall report to the Com- mittee on Finance of the Senate and the Committee on Ways and Means on the adequacy of the notices relating to transfers under section 401(a)(31)(B)(i) of the Internal Revenue Code of 1986.
(e) EFFECTIVE DATE.—The amendments made by this section shall apply to transactions occurring on or after the date which is 12 months after the date of the enactment of this Act.

SEC.

121.

STARTER 401(k) PLANS FOR EMPLOYERS WITH NO RETIRE- MENT PLAN.
(a) IN GENERAL.—Section 401(k) is amended by adding at the end the following new paragraph: ‘‘(16) STARTER 401(k) DEFERRAL-ONLY EMPLOYERS WITH NO RETIREMENT PLAN.— PLANS FOR ‘‘(A) IN GENERAL.—A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii).
‘‘(B) STARTER 401(k) DEFERRAL-ONLY ARRANGEMENT.— For purposes of this paragraph, the term ‘starter 401(k) deferral-only arrangement’ means any cash or deferred arrangement which meets— ‘‘(i) the automatic deferral requirements of subparagraph (C), ‘‘(ii) the contribution limitations of subparagraph (D), and ‘‘(iii) the requirements of subparagraph (E) of para- graph (13).
‘‘(C) AUTOMATIC DEFERRAL.— ‘‘(i) IN GENERAL.—The requirements of this subparagraph are met if, under the arrangement, each eligible employee is treated as having elected to have H. R. 2617—851 the employer make elective contributions in an amount equal to a qualified percentage of compensation.
‘‘(ii) ELECTION OUT.—The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election— ‘‘(I) to not have such contributions made, or ‘‘(II) to make elective contributions at a level specified in such affirmative election.
‘‘(iii) QUALIFIED PERCENTAGE.—For purposes of this subparagraph, the term ‘qualified percentage’ means, with respect to any employee, any percentage deter- mined under the arrangement if such percentage is applied uniformly and is not less than 3 or more than 15 percent.
‘‘(D) CONTRIBUTION LIMITATIONS.— ‘‘(i) IN GENERAL.—The requirements of this subparagraph are met if, under the arrangement— ‘‘(I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and ‘‘(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000.
‘‘(ii) COST-OF-LIVING ADJUSTMENT.—In the case of any calendar year beginning after December 31, 2024, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that ‘2023’ shall be substituted for ‘2005’.
‘‘(iii) CATCH-UP CONTRIBUTIONS FOR INDIVIDUALS AGE 50 OR OVER.—In the case of an individual who has attained the age of 50 before the close of the taxable year, the limitation under clause (i)(II) shall be increased by the applicable amount determined under section 219(b)(5)(B)(ii) (after the application of section 219(b)(5)(C)(iii)).
‘‘(E) ELIGIBLE EMPLOYER.—For purposes of this para- graph— ‘‘(i) IN GENERAL.—The term ‘eligible employer’ means any employer if the employer does not maintain a qualified plan with respect to which contributions are made, or benefits are accrued, for service in the year for which the determination is being made.
If only individuals other than employees described in subparagraph (A) of section 410(b)(3) are eligible to participate in such arrangement, then the preceding sentence shall be applied without regard to any quali- fied plan in which only employees described in such subparagraph are eligible to participate.

‘‘(ii) RELIEF FOR ACQUISITIONS, ETC.—Rules similar to the rules of section 408(p)(10) shall apply for pur- poses of clause (i).
‘‘(iii) QUALIFIED PLAN.—The term ‘qualified plan’ means a plan, contract, pension, account, or trust described in subparagraph (A) or (B) of paragraph H. R. 2617—852 (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)).

‘‘(F) ELIGIBLE EMPLOYEE.—For purposes of this para- graph— ‘‘(i) IN GENERAL.—The term ‘eligible employee’ means any employee of the employer who meets the minimum age and service conditions described in sec- tion 410(a)(1).
‘‘(ii) EXCLUSIONS.—The employer may elect to exclude from such definition any employee described in paragraph (3) or (4) of section 410(b).’’.
(b) CERTAIN ANNUITY CONTRACTS.—Section 403(b), as amended by the preceding provision of this Act, is further amended by adding at the end the following new paragraph: ‘‘(16) SAFE HARBOR DEFERRAL-ONLY PLANS FOR EMPLOYERS WITH NO RETIREMENT PLAN.— ‘‘(A) IN GENERAL.—A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12).
‘‘(B) SAFE HARBOR DEFERRAL-ONLY PLAN.—For purposes of this paragraph, the term ‘safe harbor deferral-only plan’ means any plan which meets— ‘‘(i) the automatic deferral requirements of subparagraph (C), ‘‘(ii) the contribution limitations of subparagraph (D), and ‘‘(iii) the requirements of subparagraph (E) of sec- tion 401(k)(13).
‘‘(C) AUTOMATIC DEFERRAL.— ‘‘(i) IN GENERAL.—The requirements of this subparagraph are met if, under the plan, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation.
‘‘(ii) ELECTION OUT.—The election treated as having been made under clause (i) shall cease to apply with respect to any eligible employee if such eligible employee makes an affirmative election— ‘‘(I) to not have such contributions made, or ‘‘(II) to make elective contributions at a level specified in such affirmative election.
‘‘(iii) QUALIFIED PERCENTAGE.—For purposes of this subparagraph, the term ‘qualified percentage’ means, with respect to any employee, any percentage deter- mined under the plan if such percentage is applied uniformly and is not less than 3 or more than 15 percent.
‘‘(D) CONTRIBUTION LIMITATIONS.— ‘‘(i) IN GENERAL.—The requirements of this subparagraph are met if, under the plan— ‘‘(I) the only contributions which may be made are elective contributions of eligible employees, and ‘‘(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000.
H. R. 2617—853 ‘‘(ii) COST-OF-LIVING ADJUSTMENT.—In the case of any calendar year beginning after December 31, 2024, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that ‘2023’ shall be substituted for ‘2005’.
‘‘(iii) CATCH-UP CONTRIBUTIONS FOR INDIVIDUALS AGE 50 OR OVER.—In the case of an individual who has attained the age of 50 before the close of the taxable year, the limitation under clause (i)(II) shall be increased by the applicable amount determined under section 219(b)(5)(B)(ii) (after the application of section 219(b)(5)(C)(iii)).
‘‘(E) ELIGIBLE EMPLOYER.—For purposes of this para- graph— ‘‘(i) IN GENERAL.—The term ‘eligible employer’ means any employer if the employer does not maintain a qualified plan with respect to which contributions are made, or benefits are accrued, for service in the year for which the determination is being made.
If only individuals other than employees described in subparagraph (A) of section 410(b)(3) are eligible to participate in such arrangement, then the preceding sentence shall be applied without regard to any quali- fied plan in which only employees described in such subparagraph are eligible to participate.

‘‘(ii) RELIEF FOR ACQUISITIONS, ETC.—Rules similar to the rules of section 408(p)(10) shall apply for pur- poses of clause (i).
‘‘(iii) QUALIFIED PLAN.—The term ‘qualified plan’ means a plan, contract, pension, account, or trust described in subparagraph (A) or (B) of paragraph (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)).

‘‘(F) ELIGIBLE EMPLOYEE.—For purposes of this para- graph, the term ‘eligible employee’ means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A).’’.
(c) STARTER AND SAFE HARBOR PLANS NOT TREATED AS TOP- HEAVY PLANS.—Subparagraph (H) of section 416(g)(4) is amended— ‘‘ARRANGEMENTS’’ in the heading and (1) by striking inserting ‘‘ARRANGEMENTS OR PLANS’’, (2) by striking ‘‘, and’’ at the end of clause (i) and inserting ‘‘and matching contributions with respect to which the require- ments of paragraph (11), (12), or (13) of section 401(m) are met, or’’, and (3) by striking clause (ii) and inserting after clause (i) the following new clause: ‘‘(ii) a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) or a safe harbor deferral-only plan described in section 403(b)(16).’’.
(d) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2023.

SEC.

122.

ASSIST STATES IN LOCATING OWNERS OF APPLICABLE SAVINGS BONDS.
(a) IN GENERAL.—Section 3105 of title 31, United States Code, is amended by adding at the end the following: H. R. 2617—854 ‘‘(f)(1)(A) The Secretary shall provide each State, in digital or other electronic form, with information describing any applicable savings bond which has an applicable address that is within such State, including— ‘‘(i) the name and applicable address of the registered owner; and ‘‘(ii) the name and applicable address of any registered co-owner or beneficiary.
‘‘(B) The information provided under subparagraph (A) may include the serial number of any applicable savings bond.
‘‘(C)(i) For purposes of this paragraph, the term ‘applicable address’ means, with respect to any applicable savings bond— ‘‘(I) the registered address for the registered owner, co- owner, or beneficiary (as applicable) of such bond; or ‘‘(II) if such information is available to the Secretary, the last known address for the registered owner, co-owner, or bene- ficiary (as applicable) of such bond.
‘‘(ii) For purposes of clause (i), if the information described in subclause (II) of clause (i) with respect to any individual is available to the Secretary, subclause (I) of such clause shall not apply.
‘‘(2)(A) Not later than 12 months after the date of enactment of this subsection, the Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this subsection, including rules to— ‘‘(i) protect the privacy of the owners of applicable savings bonds; ‘‘(ii) prevent fraud; and ‘‘(iii) ensure that any information provided to a State under this subsection shall be used solely to carry out the purposes of this subsection.
‘‘(B) Except as deemed necessary to protect privacy or prevent fraud or misuse of savings bond information, any regulations or guidance prescribed by the Secretary pursuant to subparagraph (A) shall not have the effect of prohibiting, restricting, or otherwise preventing a State from obtaining all information described in paragraph (1)(A).
‘‘(3) Not later than 12 months after the date of enactment of this subsection, and annually thereafter for each year during the 5-year period beginning after the date of enactment of this subsection, the Secretary shall submit to the Committees on Appro- priations of the House of Representatives and the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report assessing all efforts to satisfy the requirement under paragraph (1)(A).
‘‘(4) Any State that receives information described in paragraph (1)(A) with respect to an applicable savings bond may use such information to locate the owner of such bond pursuant to the same standards and requirements as are applicable under— ‘‘(A) the abandoned property rules and regulations of such State; and ‘‘(B) any regulations or guidance promulgated under this subsection.
‘‘(5) For purposes of this subsection, the Secretary may disclose to the public any information with respect to any applicable savings bond which a State may disclose to the public pursuant to paragraph (4).
H. R. 2617—855 ‘‘(6) For purposes of this subsection, the term ‘applicable savings bond’ means a savings bond which— ‘‘(A) is more than 3 years past its date of final maturity; ‘‘(B)(i) is in paper form; or ‘‘(ii) is in paperless or electronic form and for which— ‘‘(I) there is no designated bank account or routing information; or ‘‘(II) the designated bank account or routing informa- tion is incorrect; and ‘‘(C) has not been redeemed.’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the date of enactment of this Act.

SEC.

123.

CERTAIN SECURITIES TREATED AS PUBLICLY TRADED IN CASE OF EMPLOYEE STOCK OWNERSHIP PLANS.
(a) IN GENERAL.—Section 401(a)(35) is amended by adding at the end the following new subparagraph: ‘‘(I) ESOP RULES RELATING TO PUBLICLY TRADED SECU- RITIES.—In the case of an applicable defined contribution plan which is an employee stock ownership plan, an employer security shall be treated as described in subpara- graph (G)(v) if— ‘‘(i) the security is the subject of priced quotations by at least 4 dealers, published and made continuously available on an interdealer quotation system (as such term is used in section 13 of the Securities Exchange Act of 1934) which has made the request described in section 6(j) of such Act to be treated as an alternative trading system, ‘‘(ii) the security is not a penny stock (as defined by section 3(a)(51) of such Act), ‘‘(iii) the security is issued by a corporation which is not a shell company (as such term is used in section 4(d)(6) of the Securities Act of 1933), a blank check company (as defined in section 7(b)(3) of such Act), or subject to bankruptcy proceedings, ‘‘(iv) the security has a public float (as such term is used in section 240.12b-2 of title 17, Code of Federal Regulations) which has a fair market value of at least $1,000,000 and constitutes at least 10 percent of the total shares issued and outstanding.
‘‘(v) in the case of a security issued by a domestic corporation, the issuer publishes, not less frequently than annually, financial statements audited by an inde- pendent auditor registered with the Public Company Accounting Oversight Board established under the Sar- banes-Oxley Act of 2002, and ‘‘(vi) in the case of a security issued by a foreign corporation, the security is represented by a depositary share (as defined under section 240.12b-2 of title 17, Code of Federal Regulations), or is issued by a foreign corporation in Canada and readily tradeable on an established securities market in Canada, and the issuer— incorporated ‘‘(I) is subject to, and in compliance with, the reporting requirements of section 13 or 15(d) of H. R. 2617—856 the Securities Exchange Act of 1934 (15 U.S.C.
78m or 78o(d)), ‘‘(II) is subject to, and in compliance with, the reporting requirements of section 230.257 of title 17, Code of Federal Regulations, or ‘‘(III) is exempt from such requirements under section 240.12g3–2(b) of title 17, Code of Federal Regulations.’’.

(b) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2027.

SEC.

124.

MODIFICATION OF AGE REQUIREMENT FOR QUALIFIED ABLE PROGRAMS.
(a) IN GENERAL.—Section 529A(e) is amended by striking ‘‘age 26’’ each place it appears in paragraphs (1)(A) and (2)(A)(i)(II) and inserting ‘‘age 46’’.

(b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2025.

SEC.

125.

IMPROVING COVERAGE FOR PART-TIME WORKERS.

(a) IN GENERAL.— (1) EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 202 of the Employee Retirement Income Secu- rity Act of 1974 (29 U.S.C.
1052) is amended by adding at the end the following new subsection: ‘‘(c) SPECIAL RULE FOR CERTAIN PART-TIME EMPLOYEES.— ‘‘(1) IN GENERAL.—A pension plan that includes either a qualified cash or deferred arrangement (as defined in section 401(k) of the Internal Revenue Code of 1986) or a salary reduc- tion agreement (as described in section 403(b) of such Code) shall not require, as a condition of participation in the arrange- ment or agreement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of— ‘‘(A) the period permitted under subsection (a)(1) (determined without regard to subparagraph (B)(i) thereof); or ‘‘(B) the first 24-month period— ‘‘(i) consisting of 2 consecutive 12-month periods during each of which the employee has at least 500 hours of service; and ‘‘(ii) by the close of which the employee has met the requirement of subsection (a)(1)(A)(i).
‘‘(2) EXCEPTION.—Paragraph (1)(B) shall not apply to any employee described in section 410(b)(3) of the Internal Revenue Code of 1986.

‘‘(3) COORDINATION WITH TIME OF PARTICIPATION RULES.— In the case of employees who are eligible to participate in the arrangement or agreement solely by reason of paragraph (1)(B), or by reason of such paragraph and section 401(k)(2)(D)(ii) of such Code, the rules of subsection (a)(4) shall apply to such employees.
‘‘(4) 12-MONTH PERIOD.—For purposes of this subsection, 12-month periods shall be determined in the same manner as under the last sentence of subsection (a)(3)(A), except that 12-month periods beginning before January 1, 2023, shall not be taken into account.’’.
(2) INTERNAL REVENUE CODE OF 1986.— H. R. 2617—857 (A) IN GENERAL.—Section 403(b)(12) is amended by adding at the end the following new subparagraph: RELATING ‘‘(D) RULES CERTAIN TO PART-TIME EMPLOYEES.— ‘‘(i) IN GENERAL.—In the case of employees who are eligible to participate in the agreement solely by reason of section 202(c)(1)(B) of the Employee Retire- ment Income Security Act of 1974— ‘‘(I) notwithstanding section 401(a)(4), an employer shall not be required to make nonelective or matching contributions on behalf of such employees even if such contributions are made on behalf of other employees eligible to participate in the plan, and ‘‘(II) the employer may elect to exclude such employees from the application of subsections (a)(4), (k)(3), (k)(12), (k)(13), and (m)(2) of section 401 and section 410(b).’’.
(B) CONFORMING AMENDMENT.— (i) The last sentence of section 403(b)(12)(A), as amended by this Act, is further amended by inserting ‘‘and section 202(c) of the Employee Retirement Income Security Act of 1974’’ after ‘‘under section 410(b)(4)’’.

(ii) Section 401(k)(15)(B)(i) is amended by inserting ‘‘, or by reason of such paragraph and section 202(c)(1)(B) of the Employee Retirement Income Secu- rity Act of 1974’’ after ‘‘paragraph (2)(D)(ii)’’.
(b) VESTING.—Section 203(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1053(b)) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ‘‘(4) PART-TIME EMPLOYEES.—For purposes of determining whether an employee who became eligible to participate in a qualified cash or deferred arrangement or a salary reduction agreement under a plan solely by reason of section 202(c)(1)(B) has a nonforfeitable right to employer contributions— ‘‘(A) except as provided in subparagraph (B), each 12- month period for which the employee has at least 500 hours of service shall be treated as a year of service; and ‘‘(B) paragraph (3) shall be applied by substituting ‘at least 500 hours of service’ for ‘more than 500 hours of service’ in subparagraph (A) thereof.
For purposes of this paragraph, 12-month periods shall be determined in the same manner as under the last sentence of section 202(a)(3)(A), except that 12-month periods beginning before January 1, 2023, shall not be taken into account.’’.

(c) REDUCTION IN PERIOD SERVICE REQUIREMENT FOR QUALIFIED CASH AND DEFERRED ARRANGEMENTS.—Section 401(k)(2)(D)(ii) is amended by striking ‘‘3’’ and inserting ‘‘2’’.
(d) PRE-2021 SERVICE.—Section 112(b) of the Setting Every Community Up for Retirement Enhancement Act of 2019 (26 U.S.C.

401 note) is amended by striking ‘‘section 401(k)(2)(D)(ii)’’ and inserting ‘‘paragraphs (2)(D)(ii) and (15)(B)(iii) of section 401(k)’’.
(e) COORDINATION WITH RULES FOR TOP-HEAVY PLANS.— Subparagraph (H) of section 416(g)(4), as amended by this Act, is further amended by inserting before ‘‘If, but’’ the following: ‘‘Such H. R. 2617—858 term shall not include a plan solely because such plan does not provide nonelective or matching contributions to employees described in section 401(k)(15)(B)(i).’’.
(f) EFFECTIVE DATES.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall apply to plan years beginning after December 31, 2024.

(2) SUBSECTION (d) AND (e).—The amendments made by subsections (d) and (e) shall take effect as if included in the enactment of section 112 of the Setting Every Community Up for Retirement Enhancement Act of 2019.

SEC.

126.

SPECIAL RULES FOR CERTAIN DISTRIBUTIONS FROM LONG- TERM QUALIFIED TUITION PROGRAMS TO ROTH IRAS.
(a) IN GENERAL.—Paragraph (3) of section 529(c) is amended by adding at the end the following new subparagraph: ‘‘(E) SPECIAL ROLLOVER TO ROTH IRAS FROM LONG-TERM QUALIFIED TUITION PROGRAMS.— ‘‘(i) IN GENERAL.—In the case of a distribution from a qualified tuition program of a designated bene- ficiary which has been maintained for the 15-year period ending on the date of such distribution, subpara- graph (A) shall not apply to so much the portion of such distribution which— ‘‘(I) does not exceed the aggregate amount contributed to the program (and earnings attrib- utable thereto) before the 5-year period ending on the date of the distribution, and ‘‘(II) is paid in a direct trustee-to-trustee transfer to a Roth IRA maintained for the benefit of such designated beneficiary.
‘‘(ii) LIMITATIONS.— ‘‘(I) ANNUAL LIMITATION.—Clause (i) shall only apply to so much of any distribution as does not exceed the amount applicable to the designated beneficiary under section 408A(c)(2) for the taxable year (reduced by the amount of aggregate contribu- tions made during the taxable year to all indi- vidual retirement plans maintained for the benefit of the designated beneficiary).
‘‘(II) AGGREGATE LIMITATION.—This subpara- graph shall not apply to any distribution described in clause (i) to the extent that the aggregate amount of such distributions with respect to the designated beneficiary for such taxable year and all prior taxable years exceeds $35,000.’’.
(b) TREATMENT UNDER ROTH IRA RULES.— (1) IN GENERAL.—Paragraph (1) of section 408A(e) is amended— (A) by striking the period at the end of subparagraph (B) and inserting ‘‘, and’’, (B) by inserting after subparagraph (B) the following new subparagraph: ‘‘(C) from a qualified tuition program to the extent provided in section 529(c)(3)(E).’’, and (C) by adding at the end the following new sentence: ‘‘The earnings and contributions of any qualified tuition H. R. 2617—859 program from which a qualified rollover contribution is made under subparagraph (C) shall be treated in the same manner as the earnings and contributions of a Roth IRA from which a qualified rollover contribution is made under subparagraph (A).’’.
(2) APPLICATION OF CONTRIBUTION LIMITATIONS.— (A) IN GENERAL.—Section 408A(c)(5)(B) is amended— (i) by striking ‘‘A qualified rollover contribution’’ and inserting the following: ‘‘(i) IN GENERAL.—A qualified rollover contribu- tion’’, and (ii) by adding at the end the following: ‘‘(ii) EXCEPTION FOR ROLLOVERS FROM QUALIFIED TUITION PROGRAMS.—Clause (i) shall not apply to any qualified rollover contribution described in subsection (e)(1)(C).’’.
(B) WAIVER OF ROTH IRA INCOME LIMITATION.—Section 408A(c)(3) is amended by adding at the end the following new subparagraph: ‘‘(E) SPECIAL RULE FOR CERTAIN TRANSFERS FROM QUALIFIED TUITION PROGRAMS.—The amount determined under subparagraph (A) shall be increased by the lesser of— ‘‘(i) the amount of contributions described in sec- tion 529(c)(3)(E) for the taxable year, or ‘‘(ii) the amount of the reduction determined under such subparagraph (determined without regard to this subparagraph).’’.
(c) REPORTING.—Section 529(d) is amended— (1) by striking ‘‘Each officer’’ and inserting the following: ‘‘(1) IN GENERAL.—Each officer’’, (2) by striking ‘‘by this subsection’’ and inserting ‘‘by this paragraph’’, and (3) by adding at the end the following new paragraph: ‘‘(2) ROLLOVER DISTRIBUTIONS.—In the case of any distribu- tion described in subsection (c)(3)(E), the officer or employee having control of the qualified tuition program (or their des- ignee) shall provide a report to the trustee of the Roth IRA to which the distribution is made.
Such report shall be filed at such time and in such manner as the Secretary may require and shall include information with respect to the contributions, distributions, and earnings of the qualified tuition program as of the date of the distribution described in subsection (c)(3)(A), together with such other matters as the Secretary may require.’’.

(d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to distributions after December 31, 2023.

SEC.

127.
SEC.

127.

EMERGENCY SAVINGS ACCOUNTS LINKED TO INDIVIDUAL ACCOUNT PLANS.

(a) EMPLOYEE PENSION BENEFIT PLANS.—Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002) is amended by adding at the end the following: ‘‘(45) PENSION-LINKED EMERGENCY SAVINGS ACCOUNT.—The term ‘pension-linked emergency savings account’ means a short- term savings account established and maintained as part of an individual account plan, in accordance with section 801, H. R. 2617—860 on behalf of an eligible participant (as such term is defined in section 801(b)) that— ‘‘(A) is a designated Roth account (within the meaning of section 402A of the Internal Revenue Code of 1986) and accepts only participant contributions, as described in section 801(d)(1)(A), which are designated Roth contribu- tions subject to the rules of section 402A(e) of such Code; and ‘‘(B) meets the requirements of part 8 of subtitle B.’’.
(b) PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.— (1) IN GENERAL.—Subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1021 et seq.)

is amended by adding at the end the following: ‘‘PART 8—PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS ‘‘SEC.

801.

PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.
‘‘(a) IN GENERAL.—A plan sponsor of an individual account plan may— ‘‘(1) include in such individual account plan a pension- linked emergency savings account meeting the requirements of subsection (c); and ‘‘(2)(A) offer to enroll an eligible participant in such pen- sion-linked emergency savings account; or ‘‘(B) automatically enroll an eligible participant in such account pursuant to an automatic contribution arrangement described in paragraph (2) of subsection (c).
‘‘(b) ELIGIBLE PARTICIPANT.— ‘‘(1) IN GENERAL.—For purposes of this part, the term ‘eligible participant’, with regard to an individual account plan, means an individual who— ‘‘(A) meets any age, service, and other eligibility requirements of the plan; and ‘‘(B) is not a highly compensated employee.
‘‘(2) ELIGIBLE PARTICIPANT WHO BECOMES A HIGHLY COM- PENSATED EMPLOYEE.—Notwithstanding paragraph (1)(B), an individual who is enrolled in a pension-linked emergency savings account and thereafter becomes a highly compensated employee may not make further contributions to such account, but retains the right to withdraw any account balance of such account in accordance with subsection (c)(1)(A)(ii).
‘‘(3) DEFINITION.—For purposes of this subsection, the term ‘highly compensated employee’ has the meaning given the term in section 414(q) of the Internal Revenue Code of 1986.
‘‘(c) ACCOUNT REQUIREMENTS.— ‘‘(1) IN GENERAL.—A pension-linked emergency savings account— ‘‘(A) shall— ‘‘(i) not have a minimum contribution or account balance requirement; ‘‘(ii) allow for withdrawal by the participant of the account balance, in whole or in part at the discre- tion of the participant, at least once per calendar month and for distribution of such withdrawal to the partici- pant as soon as practicable from the date on which the participant elects to make such withdrawal; and H. R. 2617—861 ‘‘(iii) be, as selected by the plan sponsor, held as cash, in an interest-bearing deposit account, or in an investment product— ‘‘(I) designed to— ‘‘(aa) maintain over the term of the invest- ment, the dollar value that is equal to the amount invested in the product; and ‘‘(bb) preserve principal and provide a reasonable rate of return, whether or not such return is guaranteed, consistent with the need for liquidity; and ‘‘(II) offered by a State- or federally-regulated financial institution; ‘‘(B) may be subject to, as permitted by the Secretary, reasonable restrictions; and ‘‘(C)(i) may not, for not less than the first 4 withdrawals of funds from the account in a plan year, be subject to any fees or charges solely on the basis of such a withdrawal; and ‘‘(ii) may, for any subsequent withdrawal in a plan year, be subject to reasonable fees or charges in connection with such a withdrawal, including reasonable reimburse- ment fees imposed for the incidental costs of handling of paper checks.
‘‘(2) ESTABLISHMENT AND TERMINATION OF ACCOUNT.— ‘‘(A) ESTABLISHMENT OF ACCOUNT.—The pension-linked emergency savings account feature shall be included in the plan document of the individual account plan.
Such individual account plan shall— ‘‘(i) separately account for contributions to the pen- sion-linked emergency savings account of the indi- vidual account plan and any earnings properly allo- cable to the contributions; ‘‘(ii) maintain separate recordkeeping with respect to each such pension-linked emergency savings account; and ‘‘(iii) allow withdrawals from such account in accordance with section 402A(e)(7) of the Internal Rev- enue Code of 1986.
‘‘(B) TERMINATION OF ACCOUNT.—A plan sponsor may terminate the pension-linked emergency savings account feature of an individual account plan at any time.
‘‘(d) ACCOUNT CONTRIBUTIONS.— ‘‘(1) LIMITATION.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), no con- tribution shall be accepted to a pension-linked emergency savings account to the extent such contribution would cause the portion of the account balance attributable to partici- pant contributions to exceed the lesser of— ‘‘(i) $2,500; or ‘‘(ii) an amount determined by the plan sponsor of the pension-linked emergency savings account.
In the case of contributions made in taxable years begin- ning 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 H. R. 2617—862 of the Treasury under section 415(d) of the Internal Rev- enue Code of 1986, except that the base period shall be the calendar quarter beginning July 1, 2023.
Any increase under the preceding sentence which is not a multiple of $100 shall be rounded to the next lowest multiple of $100.
‘‘(B) EXCESS CONTRIBUTIONS.—To the extent any con- tribution to the pension-linked emergency savings account of a participant for a taxable year would exceed the limita- tion of subparagraph (A)— ‘‘(i) in the case of a participant with another des- ignated Roth account under the individual account plan, such plan may provide that— ‘‘(I) the participant may elect to increase the participant’s contribution to such other account; and ‘‘(II) in the absence of such a participant elec- tion, the participant is deemed to have elected to increase the participant’s contributions to such other account at the rate at which contributions were being made to the pension-linked emergency savings account; and ‘‘(ii) in any other case, such plan shall provide that such excess contributions will not be accepted.
‘‘(2) AUTOMATIC CONTRIBUTION ARRANGEMENT.—For pur- poses of this section— ‘‘(A) IN GENERAL.—An automatic contribution arrange- ment described in this paragraph is an arrangement under which an eligible participant is treated as having elected to have the plan sponsor make elective contributions to a pension-linked emergency savings account at a partici- pant contribution rate that is not more than 3 percent of the compensation of the eligible participant, unless the eligible participant, at any time (subject to such reasonable advance notice as is required by the plan administrator), affirmatively elects to— ‘‘(i) make contributions at a different rate or amount; or ‘‘(ii) opt out of such contributions.
‘‘(B) PARTICIPANT CONTRIBUTION RATE.—For purposes of an automatic contribution arrangement described in subparagraph (A), the plan sponsor— ‘‘(i) shall select a participant contribution rate under such automatic contribution arrangement that meets the requirements of subparagraph (A); and ‘‘(ii) may amend (prior to the plan year in which an amendment would take effect) such rate not more than once annually.
‘‘(3) DISCLOSURE BY PLAN ADMINISTRATOR OF CONTRIBU- TIONS.— ‘‘(A) IN GENERAL.—With respect to an individual account plan with a pension-linked emergency savings account feature, the administrator of the plan shall, not less than 30 days and not more than 90 days prior to date of the first contribution to the pension-linked emer- gency savings account, including any contribution under H. R. 2617—863 an automatic contribution arrangement described in sub- section (d)(2), or the date of any adjustment to the partici- pant contribution rate under subsection (d)(2)(B)(ii), and not less than annually thereafter, shall furnish to the participant a notice describing— ‘‘(i) the purpose of the account, which is for short- term, emergency savings; ‘‘(ii) the limits on, and tax treatment of, contribu- tions to the pension-linked emergency savings account of the participant; ‘‘(iii) any fees, expenses, restrictions, or charges associated with such pension-linked emergency savings account; ‘‘(iv) procedures for electing to make contributions to or opting out of the pension-linked emergency savings account, for changing participant contribution rates for such pension-linked emergency savings account, and for making participant withdrawals from such pension-linked emergency savings account, including any limits on frequency; ‘‘(v) as applicable, the amount of the intended con- tribution to such pension-linked emergency savings account or the change in the percentage of the com- pensation of the participant of such
 contribution; ‘‘(vi) the amount in the emergency savings account and the amount or percentage of compensation that a participant has contributed to the pension-linked emergency savings account; ‘‘(vii) the designated investment option under sub- section (c)(1)(A)(iii) for amounts contributed to the pen- sion-linked emergency savings account; ‘‘(viii) the options under subsection (e) for the account balance of the pension-linked emergency savings account after termination of the employment of the participant or termination by the plan sponsor of the pension-linked emergency savings account; and ‘‘(ix) the ability of a participant who becomes a highly compensated employee (as such term is defined in paragraph (3) of subsection (b)) to, as described in paragraph (2) of such subsection, withdraw any account balance from a pension-linked emergency savings account and the restriction on the ability of such a participant to make further contributions to the pension-linked emergency savings account.
‘‘(B) NOTICE REQUIREMENTS.—A notice furnished to a participant under subparagraph (A) shall be— ‘‘(i) sufficiently accurate and comprehensive to apprise the participant of the rights and obligations of the participant with regard to the pension-linked emergency savings account of the participant; and ‘‘(ii) written in a manner calculated to be under- stood by the average participant.
‘‘(C) CONSOLIDATED NOTICES.—The required notices under subparagraph (A) may be included with any other notice under this Act, including under section 404(c)(5)(B) or 514(e)(3), or under section 401(k)(13)(E) or 414(w)(4) of the Internal Revenue Code of 1986, if such other notice H. R. 2617—864 is provided to the participant at the time required for such notice.
‘‘(4) EMPLOYER MATCHING CONTRIBUTIONS TO AN INDIVIDUAL ACCOUNT PLAN FOR EMPLOYEE CONTRIBUTIONS TO A PENSION- LINKED EMERGENCY SAVINGS ACCOUNT.— ‘‘(A) IN GENERAL.—If an employer makes any matching contributions to an individual account plan of which a pension-linked emergency savings account is part, subject to the limitations of paragraph (1)(A), the employer shall make matching contributions on behalf of a participant on account of the contributions by the participant to the pension-linked emergency savings account at the same rate as any other matching contribution on account of an elec- tive contribution by such participant.
The matching con- tributions shall be made to the participant’s account under the individual account plan that is not the pension-linked emergency savings account.

Such matching contributions on account of contributions under paragraph (1)(A) shall not exceed the maximum account balance under paragraph (1)(A) for such plan year.
‘‘(B) COORDINATION RULE.—For purposes of any applicable limitation on matching contributions, any matching contributions made under the plan shall be treated first as attributable to the elective deferrals of the participant other than contributions to a pension-linked emergency savings account.

‘‘(C) MATCHING CONTRIBUTIONS.—For purposes of subparagraph (A), the term ‘matching contribution’ has the meaning given such term in section 401(m)(4) of the Internal Revenue Code of 1986.
‘‘(e) ACCOUNT BALANCE AFTER TERMINATION.—Upon termi- nation of employment of the participant, or termination by the plan sponsor of the pension-linked emergency savings account, the pension-linked emergency savings account of such participant in an individual account plan shall— ‘‘(1) allow, at the election of the participant, for transfer by the participant of the account balance of such account, in whole or in part, into another designated Roth account of the participant under the individual account plan; and ‘‘(2) for any amounts in such account not transferred under paragraph (1), make such amounts available within a reason- able time to the participant.
‘‘(f) ANTI-ABUSE RULES.— ‘‘(1) IN GENERAL.—A plan of which a pension-linked emer- gency savings account is part— ‘‘(A) may employ reasonable procedures to limit the frequency or amount of matching contributions with respect to contributions to such account, solely to the extent nec- essary to prevent manipulation of the rules of the plan to cause matching contributions to exceed the intended amounts or frequency; and ‘‘(B) shall not be required to suspend matching con- tributions following any participant withdrawal of contribu- tions, including elective deferrals and employee contribu- tions, whether or not matched and whether or not made pursuant to an automatic contribution arrangement H. R. 2617—865 described in section 402A(e)(4) of the Internal Revenue Code of 1986.
‘‘(2) REGULATIONS OR OTHER GUIDANCE.—The Secretary of the Treasury, in consultation with the Secretary of Labor, shall issue regulations or other guidance not later than 12 months after the date of the enactment of the SECURE 2.0 Act of 2022 with respect to the anti-abuse rules described in para- graph (1).

‘‘SEC.

802.

PREEMPTION OF STATE ANTI-GARNISHMENT LAWS.


‘‘Notwithstanding any other provision of law, this part shall supersede any law of a State which would directly or indirectly prohibit or restrict the use of an automatic contribution arrange- ment, described in section 801(d)(2), for a pension-linked emergency savings account.
The Secretary may promulgate regulations to establish minimum standards that such an arrangement would be required to satisfy in order for this subsection to apply with respect to such an account.

‘‘SEC.

803.

REPORTING AND DISCLOSURE REQUIREMENTS.


‘‘The Secretary shall— ‘‘(1) prescribe such regulations as may be necessary to address reporting and disclosure requirements for pension- linked emergency savings accounts; and ‘‘(2) seek to prevent unnecessary reporting and disclosure for such accounts under this Act, including for purposes of any reporting or disclosure related to pension plans required by this title or under the Internal Revenue Code of 1986.

‘‘SEC.

804.
‘‘SEC.

804.

REPORT TO CONGRESS ON EMERGENCY SAVINGS ACCOUNTS.
‘‘The Secretary of Labor and the Secretary of the Treasury shall— ‘‘(1) conduct a study on the use of emergency savings from individual account plan accounts, including emergency savings from a pension-linked emergency savings account regarding— ‘‘(A) whether the amount of the dollar limitation under section 801(d)(1)(A) is sufficient; ‘‘(B) whether the limitation on the contribution rate under section 801(d)(2)(A) is appropriate; and ‘‘(C) the extent to which plan sponsors offer such accounts and participants participate in such accounts and the resulting impact on participant retirement savings, including the impact on retirement savings leakage and the effect of such accounts on retirement plan participation by low- and moderate-income households; and ‘‘(2) not later than 7 years after the date of enactment of the SECURE 2.0 Act of 2022, submit to Congress a report on the findings of the study under paragraph (1).’’.
(2) CLERICAL AMENDMENT.—The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1001 note) is amended by inserting after the item relating to section 734 the following new items: ‘‘PART 8.

PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS ‘‘801.

Pension-linked emergency savings accounts.

‘‘802.

Preemption of State anti-garnishment laws.

‘‘803.

Reporting and disclosure requirements.

‘‘804.

Report to Congress on emergency savings accounts.’’.
H. R. 2617—866 (c) REPORTING FOR A PENSION-LINKED EMERGENCY SAVINGS ACCOUNT.— (1) ALTERNATIVE METHODS OF COMPLIANCE.—Section 110(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1030(a)) is amended by inserting ‘‘(including pension- linked emergency savings account features within a pension plan)’’ after ‘‘class of pension plans’’.

(2) MINIMIZED REPORTING BURDEN FOR PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.—Section 101 of such Act (29 U.S.C.
1021) is amended— (A) by redesignating subsection (n) as subsection (o); and (B) by inserting after subsection (m) the following: ‘‘(n) PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.— Nothing in this section shall preclude the Secretary from providing, by regulations or otherwise, simplified reporting procedures or requirements regarding such a pension-linked emergency savings account.’’.

(d) FIDUCIARY DUTY.—Section 404(c) of the Employee Retire- ment Income Security Act of 1974 (29 U.S.C.
1104(c)) is amended by adding at the end the following: ‘‘(6) DEFAULT INVESTMENT ARRANGEMENTS FOR A PENSION- LINKED EMERGENCY SAVINGS ACCOUNT.—For purposes of para- graph (1), a participant in a pension-linked emergency savings account shall be treated as exercising control over the assets in the account with respect to the amount of contributions and earnings which are invested in accordance with section 801(c)(1)(A)(iii).’’.
(e) TAX TREATMENT OF PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.— (1) IN GENERAL.—Section 402A is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ‘‘(e) PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.— ‘‘(1) IN GENERAL.—An applicable retirement plan— ‘‘(A) may— ‘‘(i) include a pension-linked emergency savings account established pursuant to section 801 of the Employee Retirement Income Security Act of 1974, which, except as otherwise provided in this subsection, shall be treated for purposes of this title as a des- ignated Roth account, and ‘‘(ii) either— ‘‘(I) offer to enroll an eligible participant in such pension-linked emergency savings account, or ‘‘(II) automatically enroll an eligible partici- pant in such account pursuant to an automatic contribution arrangement described in paragraph (4), and ‘‘(B) shall— ‘‘(i) separately account for contributions to such account and any earnings properly allocable to the contributions, ‘‘(ii) maintain separate recordkeeping with respect to each such account, and H. R. 2617—867 ‘‘(iii) allow withdrawals from such account in accordance with paragraph (7).
‘‘(2) ELIGIBLE PARTICIPANT.— ‘‘(A) IN GENERAL.—For purposes of this subsection, the term ‘eligible participant’, with regard to a defined con- tribution plan, means an individual, without regard to whether the individual is otherwise a participant in such plan, who— ‘‘(i) meets any age, service, and other eligibility requirements of the plan, and ‘‘(ii) is not a highly compensated employee (as defined in section 414(q)).
‘‘(B) ELIGIBLE PARTICIPANT WHO BECOMES A HIGHLY COMPENSATED EMPLOYEE.—Notwithstanding subparagraph (A)(ii), an individual on whose behalf a pension-linked emergency savings account is established who thereafter becomes a highly compensated employee (as so defined) may not make further contributions to such account, but retains the right to withdraw any account balance of such account in accordance with paragraphs (7) and (8).
‘‘(3) CONTRIBUTION LIMITATION.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), no con- tribution shall be accepted to a pension-linked emergency savings account to the extent such contribution would cause the portion of the account balance attributable to partici- pant contributions to exceed the lesser of— ‘‘(i) $2,500; or ‘‘(ii) an amount determined by the plan sponsor of the pension-linked emergency savings account.
In the case of contributions made in taxable years begin- ning after December 31, 2024, the Secretary shall adjust the amount under clause (i) at the same time and in the same manner as the adjustment made under section 415(d), except that the base period shall be the calendar quarter beginning July 1, 2023.

Any increase under the preceding sentence which is not a multiple of $100 shall be rounded to the next lowest multiple of $100.
‘‘(B) EXCESS CONTRIBUTIONS.—To the extent any con- tribution to the pension-linked emergency savings account of a participant for a taxable year would exceed the limita- tion of subparagraph (A)— ‘‘(i) in the case of an eligible participant with another designated Roth account under the defined contribution plan, the plan may provide that— ‘‘(I) the participant may elect to increase the participant’s contribution to such other account, and ‘‘(II) in the absence of such a participant elec- tion, the participant is deemed to have elected to increase the participant’s contributions to such account at the rate at which contributions were being made to the pension-linked emergency savings account, and ‘‘(ii) in any other case, such plan shall provide that such excess contributions will not be accepted.
‘‘(4) AUTOMATIC CONTRIBUTION ARRANGEMENT.—For pur- poses of this section— H. R. 2617—868 ‘‘(A) IN GENERAL.—An automatic contribution arrange- ment described in this paragraph is an arrangement under which an eligible participant is treated as having elected to have the plan sponsor make elective contributions to a pension-linked emergency savings account at a partici- pant contribution rate that is not more than 3 percent of the compensation of the eligible participant, unless the eligible participant, at any time (subject to such reasonable advance notice as is required by the plan administrator), affirmatively elects to— ‘‘(i) make contributions at a different rate, or ‘‘(ii) opt out of such contributions.
‘‘(B) PARTICIPANT CONTRIBUTION RATE.—For purposes of an automatic contribution arrangement described in subparagraph (A), the plan sponsor— ‘‘(i) shall select a participant contribution rate under such automatic contribution arrangement which meets the requirements of subparagraph (A), and ‘‘(ii) may amend such rate (prior to the plan year for which such amendment would take effect) not more than once annually.
‘‘(5) DISCLOSURE BY PLAN SPONSOR.— ‘‘(A) IN GENERAL.—With respect to a defined contribu- tion plan which includes a pension-linked emergency savings account, the administrator of the plan shall, not less than 30 days and not more than 90 days prior to the date of the first contribution to the pension-linked emergency savings account, including any contribution under an automatic contribution arrangement described in section 801(d)(2) of the Employee Retirement Income Security Act of 1974, or the date of any adjustment to the section 801(d)(2)(B)(ii) of such Act, and not less than annually thereafter, shall furnish to the participant a notice describing— contribution participant under rate ‘‘(i) the purpose of the account, which is for short- term, emergency savings; ‘‘(ii) the limits on, and tax treatment of, contribu- tions to the pension-linked emergency savings account of the participant; ‘‘(iii) any fees, expenses, restrictions, or charges associated with such pension-linked emergency savings account; ‘‘(iv) procedures for electing to make contributions or opting out of the pension-linked emergency savings account, changing participant contribution rates for such account, and making participant withdrawals from such pension-linked emergency savings account, including any limits on frequency; ‘‘(v) the amount of the intended contribution or the change in the percentage of the compensation of the participant of such contribution, if applicable; ‘‘(vi) the amount in the pension-linked emergency savings account
 and the amount or percentage of com- pensation that a participant has contributed to such account; H. R. 2617—869 ‘‘(vii) the designated investment option under sec- tion 801(c)(1)(A)(iii) of the Employee Retirement Income Security Act of 1974 for amounts contributed to the pension-linked emergency savings account; ‘‘(viii) the options under section 801(e) of such Act for the account balance of the pension-linked emer- gency savings account after termination of the employ- ment of the participant; and ‘‘(ix) the ability of a participant who becomes a highly compensated employee (as such term is defined in section 414(q)) to, as described in section 801(b)(2) of the Employee Retirement Income Security Act of 1974, withdraw any account balance from a pension- linked emergency savings account and the restriction on the ability of such a participant to make further contributions to the pension-linked emergency savings account.
‘‘(B) NOTICE REQUIREMENTS.—A notice furnished to a participant under subparagraph (A) shall be— ‘‘(i) sufficiently accurate and comprehensive to apprise the participant of the rights and obligations of the participant with regard to the pension-linked emergency savings account of the participant; and ‘‘(ii) written in a manner calculated to be under- stood by the average participant.
‘‘(C) CONSOLIDATED NOTICES.—The required notices under subparagraph (A) may be included with any other notice under the Employee Retirement Income Security Act of 1974, including under section 404(c)(5)(B) or 514(e)(3) of such Act, or under section 401(k)(13)(E) or 414(w)(4), if such other notice is provided to the participant at the time required for such notice.
‘‘(6) EMPLOYER MATCHING CONTRIBUTIONS TO A DEFINED CONTRIBUTION PLAN FOR EMPLOYEE CONTRIBUTIONS TO A PEN- SION-LINKED EMERGENCY SAVINGS ACCOUNT.— ‘‘(A) IN GENERAL.—If an employer makes any matching contributions to a defined contribution plan of which a pension-linked emergency savings account is part, subject to the limitations of paragraph (3), the employer shall make matching contributions on behalf of an eligible participant on account of the participant’s contributions to the pension-linked emergency savings account at the same rate as any other matching contribution on account of an elective contribution by such participant.
The matching contributions shall be made to the participant’s account under the defined contribution plan which is not the pension-linked emergency savings account.

Such matching contributions on account of contributions to the pension-linked emergency savings account shall not exceed the maximum account balance under paragraph (3)(A) for such plan year.
‘‘(B) COORDINATION RULE.—For purposes of any applicable limitation on matching contributions, any matching contributions made under the plan shall be treated first as attributable to the elective deferrals of the participant other than contributions to a pension-linked emergency savings account.

H. R. 2617—870 ‘‘(C) MATCHING CONTRIBUTIONS.—For purposes of subparagraph (A), the term ‘matching contribution’ has the meaning given such term in section 401(m)(4).
‘‘(7) DISTRIBUTIONS.— ‘‘(A) IN GENERAL.—A pension-linked emergency savings account shall allow for withdrawal by the participant on whose behalf the account is established of the account balance, in whole or in part at the discretion of the partici- pant, at least once per calendar month and for distribution of such withdrawal to the participant as soon as practicable after the date on which the participant elects to make such withdrawal.
‘‘(B) TREATMENT OF DISTRIBUTIONS.—Any distribution from a pension-linked emergency savings account in accord- ance with subparagraph (A)— ‘‘(i) shall be treated as a qualified distribution for purposes of subsection (d), and ‘‘(ii) shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A).
‘‘(8) ACCOUNT BALANCE AFTER TERMINATION.— ‘‘(A) IN GENERAL.—Upon termination of employment of the participant, or termination by the plan sponsor of the pension-linked emergency savings account, the pension- linked emergency savings account of such participant in a defined contribution plan shall— ‘‘(i) allow, at the election of the participant, for transfer by the participant of the account balance of such account, in whole or in part, into another des- ignated Roth account of the participant under the defined contribution plan; and ‘‘(ii) for any amounts in such account not trans- ferred under paragraph (1), make such amounts avail- able within a reasonable time to the participant.
‘‘(B) PROHIBITION OF CERTAIN TRANSFERS.—No amounts shall be transferred by the participant from another account of the participant under any plan of the employer into the pension-linked emergency savings account of the participant.

‘‘(C) COORDINATION WITH SECTION 72.—Subparagraph (F) of section 408A(d)(3) shall not apply (including by rea- son of subsection (c)(4)(D) of this section) to any rollover contribution of amounts in a pension-linked emergency savings account under subparagraph (A).
‘‘(9) COORDINATION WITH DISTRIBUTION OF EXCESS DEFER- RALS.—If any excess deferrals are distributed under section 402(g)(2)(A) to a participant, such amounts shall be distributed first from any pension-linked emergency savings account of the participant to the extent contributions were made to such account for the taxable year.
‘‘(10) TREATMENT OF ACCOUNT BALANCES.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), a distribution from a pension-linked emergency savings account shall not be treated as an eligible rollover distribu- tion for purposes of sections 401(a)(31), 402(f), and 3405.
‘‘(B) TERMINATION.—In the case of termination of employment of the participant, or termination by the plan H. R. 2617—871 sponsor of the pension-linked emergency savings account, except for purposes of 401(a)(31)(B), a distribution from a pension-linked emergency savings account which is contributed as provided in paragraph (8)(A)(i) shall be treated as an eligible rollover distribution.
‘‘(11) EXCEPTION TO PLAN AMENDMENT RULES.—Notwith- standing section 411(d)(6), a plan which includes a pension- linked emergency savings account may cease to offer such accounts at any time.
‘‘(12) ANTI-ABUSE RULES.—A plan of which a pension-linked emergency savings account is part— ‘‘(A) may employ reasonable procedures to limit the frequency or amount of matching contributions with respect to contributions to such account, solely to the extent nec- essary to prevent manipulation of the rules of the plan to cause matching contributions to exceed the intended amounts or frequency, and ‘‘(B) shall not be required to suspend matching con- tributions following any participant withdrawal of contribu- tions, including elective deferrals and employee contribu- tions, whether or not matched and whether or not made pursuant to an automatic contribution arrangement described in paragraph (4).
The Secretary, in consultation with the Secretary of Labor, shall issue regulations or other guidance not later than 12 months after the date of the enactment of the SECURE 2.0 Act of 2022 with respect to the anti-abuse rules described in the preceding sentence.’’.
(2) TREATMENT FOR PURPOSES OF ADDITIONAL TAX ON EARLY DISTRIBUTIONS.—Section 72(t)(2), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subparagraph: ‘‘(J) DISTRIBUTIONS FROM PENSION-LINKED EMERGENCY SAVINGS ACCOUNT.—Distributions from a pension-linked emergency savings account pursuant to section 402A(e).’’.
(3) BASIS RECOVERY.—Section 72(d) is amended by adding at the end the following new paragraph: ‘‘(3) TREATMENT OF CONTRIBUTIONS TO A PENSION-LINKED EMERGENCY SAVINGS ACCOUNT.—For purposes of this section, contributions to a pension-linked emergency savings account to which section 402A(e) applies (and any income allocable thereto) may be treated as a separate contract.’’.
(f) REGULATORY AUTHORITY.—The Secretary of Labor and the Secretary of the Treasury (or a delegate of either such Secretary) shall have authority to issue regulations or other guidance, and to coordinate in developing regulations or other guidance, to carry out the purposes of this Act, including— (1) adjustment of the limitation under section 801(d)(1) of the Employee Retirement Income Security Act of 1974 and section 402A(e)(3) of the Internal Revenue Code of 1986, as added by this Act, to account for inflation; (2) expansion of corrections programs, if necessary; (3) model plan language and notices relating to pension- linked emergency savings accounts; and (4) with regard to interactions with section 401(k)(13) of the Internal Revenue Code of 1986.
H. R. 2617—872 (g) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2023.

SEC.

128.

ENHANCEMENT OF 403(b) PLANS.


(a) IN GENERAL.—Subparagraph (A) of section 403(b)(7) is amended by striking ‘‘if the amounts are to be invested in regulated investment company stock to be held in that custodial account’’ and inserting ‘‘if the amounts are to be held in that custodial account and are invested in regulated investment company stock or a group trust intended to satisfy the requirements of Internal Revenue Service Revenue Ruling 81–100 (or any successor guid- ance)’’.
(b) CONFORMING AMENDMENT.—The heading of paragraph (7) of section 403(b) is amended by striking ‘‘FOR REGULATED INVEST- MENT COMPANY STOCK’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to amounts invested after the date of the enactment of this Act.

TITLE II—PRESERVATION OF INCOME SEC.

201.

REMOVE REQUIRED MINIMUM DISTRIBUTION BARRIERS FOR LIFE ANNUITIES.
(a) IN GENERAL.—Section 401(a)(9) is amended by adding at the end the following new subparagraph: ‘‘(J) CERTAIN INCREASES IN PAYMENTS UNDER A COMMERCIAL ANNUITY.—Nothing in this section shall pro- hibit a commercial annuity (within the meaning of section 3405(e)(6)) that is issued in connection with any eligible retirement plan (within the meaning of section 402(c)(8)(B), other than a defined benefit plan) from providing one or more of the following types of payments on or after the annuity starting date: ‘‘(i) annuity payments that increase by a constant percentage, applied not less frequently than annually, at a rate that is less than 5 percent per year, ‘‘(ii) a lump sum payment that— ‘‘(I) results in a shortening of the payment period with respect to an annuity or a full or partial commutation of the future annuity pay- ments, provided that such lump sum is determined using reasonable actuarial methods and assump- tions, as determined in good faith by the issuer of the contract, or ‘‘(II) accelerates the receipt of annuity pay- ments that are scheduled to be received within the ensuing 12 months, regardless of whether such acceleration shortens the payment period with respect to the annuity, reduces the dollar amount of benefits to be paid under the contract, or results in a suspension of annuity payments during the period being accelerated, ‘‘(iii) an amount which is in the nature of a divi- dend or similar distribution, provided that the issuer H. R. 2617—873 of the contract determines such amount using
 reason- able actuarial methods and assumptions, as deter- mined in good faith by the issuer of the contract, when calculating the initial annuity payments and the issuer’s experience with respect to those factors, or ‘‘(iv) a final payment upon death that does not exceed the excess of the total amount of the consider- ation paid for the annuity payments, less the aggregate amount of prior distributions or payments from or under the contract.’’.
(b) EFFECTIVE DATE.—This section shall apply to calendar years ending after the date of the enactment of this Act.

SEC.

202.

QUALIFYING LONGEVITY ANNUITY CONTRACTS.

(a) IN GENERAL.—Not later than the date which is 18 months after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s delegate) shall amend the regulation issued by the Department of the Treasury relating to ‘‘Longevity Annuity Contracts’’ (79 Fed.

Reg.
Reg.

37633 (July 2, 2014)), as follows: (1) REPEAL 25-PERCENT PREMIUM LIMIT.—The Secretary (or delegate) shall amend Q&A–17(b)(3) of Treas.

Reg.

section 1.401(a)(9)–6 and Q&A–12(b)(3) of Treas.

Reg.

section 1.408– 8 to eliminate the requirement that premiums for qualifying longevity annuity contracts be limited to 25 percent of an individual’s account balance, and to make such corresponding changes to the regulations and related forms as are necessary to reflect the elimination of this requirement.
(2) INCREASE DOLLAR LIMITATION.— (A) IN GENERAL.—The Secretary (or delegate) shall amend Q&A–17(b)(2)(i) of Treas.

Reg.

section 1.401(a)(9)– 6 and Q&A–12(b)(2)(i) of Treas.

Reg.

section 1.408–8 to increase the dollar limitation on premiums for qualifying longevity annuity contracts from $125,000 to $200,000, and to make such corresponding changes to the regulations and related forms as are necessary to reflect this increase in the dollar limitation.
(B) ADJUSTMENTS FOR INFLATION.—The Secretary (or delegate) shall amend Q&A–17(d)(2)(i) of Treas.

Reg.
sec- tion 1.401(a)(9)–6 to provide that, in the case of calendar years beginning on or after January 1 of the second year following the year of enactment of this Act, the $200,000 dollar limitation (as increased by subparagraph (A)) will be adjusted at the same time and in the same manner as the limits are adjusted under section 415(d) of the Internal Revenue Code of 1986, except that the base period shall be the calendar quarter beginning July 1 of the year of enactment of this Act, and any increase to such dollar limitation which is not a multiple of $10,000 will be rounded to the next lowest multiple of $10,000.
(3) FACILITATE JOINT AND SURVIVOR BENEFITS.—The Sec- retary (or delegate) shall amend Q&A–17(c) of Treas.

Reg.
section 1.401(a)(9)–6, and make such corresponding changes to the regulations and related forms as are necessary, to provide that, in the case of a qualifying longevity annuity contract which was purchased with joint and survivor annuity benefits for the individual and the individual’s spouse which were permissible under the regulations at the time the contract H. R. 2617—874 was originally purchased, a divorce occurring after the original purchase and before the annuity payments commence under the contract will not affect the permissibility of the joint and survivor annuity benefits or other benefits under the contract, or require any adjustment to the amount or duration of benefits payable under the contract, provided that any qualified domestic relations order (within the meaning of section 414(p) of the Internal Revenue Code of 1986) or, in the case of an arrangement not subject to section 414(p) of such Code or section 206(d) of the Employee Retirement Income Security Act of 1974, any divorce or separation instrument (as defined in subsection (b))— (A) provides that the former spouse is entitled to the survivor benefits under the contract; (B) provides that the former spouse is treated as a surviving spouse for purposes of the contract; (C) does not modify the treatment of the former spouse as the beneficiary under the contract who is entitled to the survivor benefits; or (D) does not modify the treatment of the former spouse as the measuring life for the survivor benefits under the contract.
(4) PERMIT SHORT FREE LOOK PERIOD.—The Secretary (or delegate) shall amend Q&A–17(a)(4) of Treas.

Reg.

section 1.401(a)(9)–6 to ensure that such Q&A does not preclude a contract from including a provision under which an employee may rescind the purchase of the contract within a period not exceeding 90 days from the date of purchase.
(b) DIVORCE OR SEPARATION INSTRUMENT.—For purposes of sub- section (a)(3), the term ‘‘divorce or separation instrument’’ means— (1) a decree of divorce or separate maintenance or a written instrument incident to such a decree; (2) a written separation agreement; or (3) a decree (not described in paragraph (1)) requiring a spouse to make payments for the support or maintenance of the other spouse.
(c) EFFECTIVE DATES, ENFORCEMENT, AND INTERPRETATIONS.— (1) EFFECTIVE DATES.— (A) Paragraphs (1) and (2) of subsection (a) shall be effective with respect to contracts purchased or received in an exchange on or after the date of the enactment of this Act.

(B) Paragraphs (3) and (4) of subsection (a) shall be effective with respect to contracts purchased or received in an exchange on or after July 2, 2014.
(2) ENFORCEMENT AND INTERPRETATIONS.—Prior to the date on which the Secretary of the Treasury issues final regulations pursuant to subsection (a)— (A) the Secretary (or delegate) shall administer and enforce the law in accordance with subsection (a) and the effective dates in paragraph (1) of this subsection; and (B) taxpayers may rely upon their reasonable good faith interpretations of subsection (a).
(d) REGULATORY SUCCESSOR PROVISION.—Any reference to a regulation under this section shall be treated as including a ref- erence to any successor regulation thereto.

SEC.

203.

INSURANCE-DEDICATED EXCHANGE-TRADED FUNDS.


H. R. 2617—875 (a) IN GENERAL.—Not later than the date which is 7 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s delegate) shall amend the regulation issued by the Department of the Treasury relating to ‘‘Income Tax; Diversification Requirements for Variable Annuity, Endow- ment, and Life Insurance Contracts’’, 54 Fed.

Reg.
Reg.

8728 (March 2, 1989), and make any necessary corresponding amendments to other regulations, in order to facilitate the use of exchange-traded funds as investment options under variable contracts within the meaning of section 817(d) of the Internal Revenue Code of 1986, in accordance with subsections (b) and (c) of this section.

(b) DESIGNATE CERTAIN AUTHORIZED PARTICIPANTS AND MARKET MAKERS AS ELIGIBLE INVESTORS.—The Secretary of the Treasury (or the Secretary’s delegate) shall amend Treas.

Reg.
Reg.

section 1.817–5(f)(3) to provide that satisfaction of the requirements in Treas.

Reg.

section 1.817–5(f)(2)(i) with respect to an exchange- traded fund shall not be prevented by reason of beneficial interests in such a fund being held by 1 or more authorized participants or market makers.

(c) DEFINE RELEVANT TERMS.—In amending Treas.

Reg.
section 1.817–5(f)(3) in accordance with subsection (b), the Secretary of the Treasury (or the Secretary’s delegate) shall provide definitions consistent with the following: (1) EXCHANGE-TRADED FUND.—The term ‘‘exchange-traded fund’’ means a regulated investment company, partnership, or trust— (A) that is registered with the Securities and Exchange Commission as an open-end investment company or a unit investment trust; (B) the shares of which can be purchased or redeemed directly from the fund only by an authorized participant; and (C) the shares of which are traded throughout the day on a national stock exchange at market prices that may or may not be the same as the net asset value of the shares.
(2) AUTHORIZED PARTICIPANT.—The ‘‘authorized participant’’ means a financial institution that is a member or participant of a clearing agency registered under section 17A(b) of the Securities Exchange Act of 1934 that enters into a contractual relationship with an exchange-traded fund pursuant to which the financial institution is permitted to purchase and redeem shares directly from the fund and to sell such shares to third parties, but only if the contractual arrangement or applicable law precludes the financial institu- tion from— term (A) purchasing the shares for its own investment pur- poses rather than for the exclusive purpose of creating and redeeming such shares on behalf of third parties; and (B) selling the shares to third parties who are not market makers or otherwise described in Treas.
Reg.

sec- tion 1.817–5(f) (1) and (3).
(3) MARKET MAKER.—The term ‘‘market maker’’ means a financial institution that is a registered broker or dealer under section 15(b) of the Securities Exchange Act of 1934 that main- tains liquidity for an exchange-traded fund on a national stock H. R. 2617—876 exchange by being always ready to buy and sell shares of such fund on the market, but only if the financial institution is contractually or legally precluded from selling or buying such shares to or from persons who are not authorized partici- pants or otherwise described in Treas.
Reg.

section 1.817– 5(f) (2) and (3).

(d) EFFECTIVE DATE.—This section shall apply to segregated asset account investments made on or after the date which is 7 years after the date of the enactment of this Act.

SEC.

204.

ELIMINATING A PENALTY ON PARTIAL ANNUITIZATION.
(a) ELIMINATING A PENALTY ON PARTIAL ANNUITIZATION.—The Secretary of the Treasury (or the Secretary’s delegate) shall amend the regulations under section 401(a)(9) of the Internal Revenue Code of 1986 to provide that if an employee’s benefit is in the form of an individual account under a defined contribution plan, the plan may allow the employee to elect to have the amount required to be distributed from such account under such section for a year to be calculated as the excess of the total required amount for such year over the annuity amount for such year.
(b) DEFINITIONS.—For purposes of this section— (1) TOTAL REQUIRED AMOUNT.—The term ‘‘total required amount’’, with respect to a year, means the amount which would be required to be distributed under Treas.

Reg.
Reg.

section 1.401(a)(9)–5 (or any successor regulation) for the year, deter- mined by treating the account balance as of the last valuation date in the immediately preceding calendar year as including the value on that date of all annuity contracts which were purchased with a portion of the account and from which pay- ments are made in accordance with Treas.

Reg.

section 1.401(a)(9)–6.


(2) ANNUITY AMOUNT.—The term ‘‘annuity amount’’, with respect to a year, is the total amount distributed in the year from all annuity contracts described in paragraph (1).

(c) CONFORMING REGULATORY AMENDMENTS.—The Secretary of the Treasury (or the Secretary’s delegate) shall amend the regula- tions under sections 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Revenue Code of 1986 to conform to the amendments described in subsection (a).
Such conforming amendments shall treat all individual retirement plans (as defined in section 7701(a)(37) of such Code) which an individual holds as the owner, or which an individual holds as a beneficiary of the same decedent, as one such plan for purposes of the amendments described in subsection (a).
Such conforming amendments shall also treat all contracts described in section 403(b) of such Code which an indi- vidual holds as an employee, or which an individual holds as a beneficiary of the same decedent, as one such contract for such purposes.
(d) EFFECTIVE DATE.—The modifications and amendments required under subsections (a) and (c) shall be deemed to have been made as of the date of the enactment of this Act, and as of such date— (1) all applicable laws shall be applied in all respects as though the actions which the Secretary of the Treasury (or the Secretary’s delegate) is required to take under such sub- sections had been taken, and H. R. 2617—877 (2) until such time as such actions are taken, taxpayers may rely upon their reasonable good faith interpretations of this section.
TITLE III—SIMPLIFICATION AND CLARI- FICATION OF RETIREMENT PLAN RULES SEC.

301.

RECOVERY OF RETIREMENT PLAN OVERPAYMENTS.

(a) OVERPAYMENTS UNDER ERISA.—Section 206 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1056) is amended by adding at the end the following new subsection: ‘‘(h) SPECIAL RULES APPLICABLE TO BENEFIT OVERPAYMENTS.— ‘‘(1) GENERAL RULE.—In the case of an inadvertent benefit overpayment by any pension plan, the responsible plan fidu- ciary shall not be considered to have failed to comply with the requirements of this title merely because such fiduciary determines, in the exercise of its discretion, not to seek recovery of all or part of such overpayment from— ‘‘(A) any participant or beneficiary, ‘‘(B) any plan sponsor of, or contributing employer to— ‘‘(i) an individual account plan, provided that the amount needed to prevent or restore any impermissible forfeiture from any participant’s or beneficiary’s account arising in connection with the overpayment is, separately from and independently of the overpay- ment, allocated to such account pursuant to the non- forfeitability requirements of section 203 (for example, out of the plan’s forfeiture account, additional employer contributions, or recoveries from those responsible for the overpayment), or ‘‘(ii) a defined benefit pension plan subject to the funding rules in part 3 of this subtitle B, unless the responsible plan fiduciary determines, in the exercise of its fiduciary discretion, that failure to recover all or part of the overpayment faster than required under such funding rules would materially affect the plan’s ability to pay benefits due to other participants and beneficiaries, or ‘‘(C) any fiduciary of the plan, other than a fiduciary (including a plan sponsor or contributing employer acting in a fiduciary capacity) whose breach of its fiduciary duties resulted in such overpayment, provided that if the plan has established prudent procedures to prevent and mini- mize overpayment of benefits and the relevant plan fidu- ciaries have followed such procedures, an inadvertent ben- efit overpayment will not give rise to a breach of fiduciary duty.
‘‘(2) REDUCTION IN FUTURE BENEFIT PAYMENTS AND RECOVERY FROM RESPONSIBLE PARTY.—Paragraph (1) shall not fail to apply with respect to any inadvertent benefit overpay- ment merely because, after discovering such overpayment, the responsible plan fiduciary— ‘‘(A) reduces future benefit payments to the correct amount provided for under the terms of the plan, or H. R. 2617—878 ‘‘(B) seeks recovery from the person or persons respon- sible for the overpayment.
‘‘(3) EMPLOYER FUNDING OBLIGATIONS.—Nothing in this subsection shall relieve an employer of any obligation imposed on it to make contributions to a plan to meet the minimum funding standards under part 3 of this subtitle B or to prevent or restore an impermissible forfeiture in accordance with section 203.
‘‘(4) RECOUPMENT FROM PARTICIPANTS AND BENEFICIARIES.— If the responsible plan fiduciary, in the exercise of its fiduciary discretion, decides to seek recoupment from a participant or beneficiary of all or part of an inadvertent benefit overpayment made by the plan to such participant or beneficiary, it may do so, subject to the following conditions: ‘‘(A) No interest or other additional amounts (such as collection costs or fees) are sought on overpaid amounts for any period.
‘‘(B) If the plan seeks to recoup past overpayments of a non-decreasing annuity by reducing future benefit payments— ‘‘(i) the reduction ceases after the plan has recov- ered the full dollar amount of the overpayment, ‘‘(ii) the amount recouped each calendar year does not exceed 10 percent of the full dollar amount of the overpayment, and ‘‘(iii) future benefit payments are not reduced to below 90 percent of the periodic amount otherwise payable under the terms of the plan.
Alternatively, if the plan seeks to recoup past overpayments of a non-decreasing annuity through one or more install- ment payments, the sum of such installment payments in any calendar year does not exceed the sum of the reduc- tions that would be permitted in such year under the preceding sentence.

‘‘(C) If the plan seeks to recoup past overpayments of a benefit other than a non-decreasing annuity, the plan satisfies requirements developed by the Secretary of Labor for purposes of this subparagraph.
‘‘(D) Efforts to recoup overpayments are— ‘‘(i) not accompanied by threats of litigation, unless the responsible plan fiduciary makes a determination that there is a reasonable likelihood of success to recover an amount greater than the cost of recovery, and ‘‘(ii) not made through a collection agency or similar third party, unless the participant or bene- ficiary ignores or rejects efforts to recoup the overpay- ment following either a final judgment in Federal or State court or a settlement between the participant or beneficiary and the plan, in either case authorizing such recoupment.
‘‘(E) Recoupment of past overpayments to a participant is not sought from any beneficiary of the participant, including a spouse, surviving spouse, former spouse, or other beneficiary.

‘‘(F) Recoupment may not be sought if the first overpay- ment occurred more than 3 years before the participant H. R. 2617—879 ‘‘(G) A participant or beneficiary or beneficiary is first notified in writing of the error, except in the case of fraud or misrepresentation by the participant.
from whom recoupment is sought is entitled to contest all or part of the recoupment pursuant to the claims procedures of the plan that made the overpayment to the extent such procedures are consistent with section 503 of this title and in the case of an inadvertent benefit overpayment from a plan to which paragraph (1) applies that is trans- ferred to an eligible retirement plan (as defined in section 402(c)(8)(B) of the Internal Revenue Code of 1986) by or on behalf of a participant or beneficiary— ‘‘(i) such plan shall notify the plan receiving the rollover of such dispute, ‘‘(ii) the plan receiving the rollover shall retain such overpayment on behalf of the participant or bene- ficiary (and shall be entitled to treat such overpayment as plan assets) pending the outcome of such procedures, and ‘‘(iii) the portion of such overpayment with respect to which recoupment is sought on behalf of the plan shall be permitted to be returned to such plan if it is determined to be an overpayment (and the plans making and receiving such transfer shall be treated as permitting such transfer).
‘‘(H) In determining the amount of recoupment to seek, the responsible plan fiduciary may take into account the hardship that recoupment likely would impose on the participant or beneficiary.

‘‘(5) EFFECT OF CULPABILITY.—Subparagraphs (A) through (F) of paragraph (4) shall not apply to protect a participant or beneficiary who is culpable.
For purposes of this paragraph, a participant or beneficiary is culpable if the individual bears responsibility for the overpayment (such as through misrepre- sentations or omissions that led to the overpayment), or if the individual knew that the benefit payment or payments were materially in excess of the correct amount.
Notwith- standing the preceding sentence, an individual is not culpable merely because the individual believed the benefit payment or payments were or might be in excess of the correct amount, if the individual raised that question with an authorized plan representative and was told the payment or payments were not in excess of the correct amount.’’.
(b) OVERPAYMENTS UNDER INTERNAL REVENUE CODE OF 1986.— is amended by adding at the end the following new subsection: ‘‘(aa) SPECIAL RULES APPLICABLE TO BENEFIT OVERPAYMENTS.— ‘‘(1) IN GENERAL.—A plan shall not fail to be treated as described in clause (i), (ii), (iii), or (iv) of section 219(g)(5)(A) (and shall not fail to be treated as satisfying the requirements of section 401(a) or 403) merely because— REQUIREMENTS.—Section 414 (1) QUALIFICATION ‘‘(A) the plan fails to obtain payment from any partici- pant, beneficiary, employer, plan sponsor, fiduciary, or other party on account of any inadvertent benefit overpay- ment made by the plan, or ‘‘(B) the plan sponsor amends the plan to increase past, or decrease future, benefit payments to affected H. R. 2617—880 participants and beneficiaries in order to adjust for prior inadvertent benefit overpayments.
‘‘(2) REDUCTION IN FUTURE BENEFIT PAYMENTS AND RECOVERY FROM RESPONSIBLE PARTY.—Paragraph (1) shall not fail to apply to a plan merely because, after discovering a benefit overpayment, such plan— ‘‘(A) reduces future benefit payments to the correct amount provided for under the terms of the plan, or ‘‘(B) seeks recovery from the person or persons respon- sible for such overpayment.
‘‘(3) EMPLOYER FUNDING OBLIGATIONS.—Nothing in this subsection shall relieve an employer of any obligation imposed on it to make contributions to a plan to meet the minimum funding standards under sections 412 and 430 or to prevent or restore an impermissible forfeiture in accordance with section 411.

‘‘(4) OBSERVANCE OF BENEFIT LIMITATIONS.—Notwith- standing paragraph (1), a plan to which paragraph (1) applies shall observe any limitations imposed on it by section 401(a)(17) or 415.
The plan may enforce such limitations using any method approved by the Secretary for recouping benefits previously paid or allocations previously made in excess of such limita- tions.
‘‘(5) COORDINATION WITH OTHER QUALIFICATION REQUIRE- MENTS.—The Secretary may issue regulations or other guidance of general applicability specifying how benefit overpayments and their recoupment or non-recoupment from a participant or beneficiary shall be taken into account for purposes of satis- fying any requirement applicable to a plan to which paragraph (1) applies.’’.
(2) ROLLOVERS.—Section 402(c) is amended by adding at the end the following new paragraph: ‘‘(12) In the case of an inadvertent benefit overpayment from a plan to which section 414(aa)(1) applies that is trans- ferred to an eligible retirement plan by or on behalf of a participant or beneficiary— ‘‘(A) the portion of such overpayment with respect to which recoupment is not sought on behalf of the plan shall be treated as having been paid in an eligible rollover distribution if the payment would have been an eligible rollover distribution but for being an overpayment, and ‘‘(B) the portion of such overpayment with respect to which recoupment is sought on behalf of the plan shall be permitted to be returned to such plan and in such case shall be treated as an eligible rollover distribution transferred to such plan by the participant or beneficiary who received such overpayment (and the plans making and receiving such transfer shall be treated as permitting such transfer).’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply as of the date of the enactment of this Act.
(d) CERTAIN ACTIONS BEFORE DATE OF ENACTMENT.—Plans, fiduciaries, employers, and plan sponsors are entitled to rely on— (1) a reasonable good faith interpretation of then existing administrative guidance for inadvertent benefit overpayment recoupments and recoveries that commenced before the date of enactment of this Act, and H. R. 2617—881 (2) determinations made before the date of enactment of this Act by the responsible plan fiduciary, in the exercise of its fiduciary discretion, not to seek recoupment or recovery of all or part of an inadvertent benefit overpayment.
In the case of a benefit overpayment that occurred prior to the date of enactment of this Act, any installment payments by the participant or beneficiary to the plan or any reduction in periodic benefit payments to the participant or beneficiary, which were made in recoupment of such overpayment and which commenced prior to such date, may continue after such date.
Nothing in this subsection shall relieve a fiduciary from responsibility for an over- payment that resulted from a breach of its fiduciary duties.

SEC.

302.

REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN QUALIFIED RETIREMENT PLANS.

(a) IN GENERAL.—Section 4974(a) is amended by striking ‘‘50 percent’’ and inserting ‘‘25 percent’’.
(b) REDUCTION IN EXCISE TAX ON FAILURES TO TAKE REQUIRED MINIMUM DISTRIBUTIONS.—Section 4974 is amended by adding at the end the following new subsection: ‘‘(e) REDUCTION OF TAX IN CERTAIN CASES.— ‘‘(1) REDUCTION.—In the case of a taxpayer who— ‘‘(A) receives a distribution, during the correction window, of the amount which resulted in imposition of a tax under subsection (a) from the same plan to which such tax relates, and ‘‘(B) submits a return, during the correction window, reflecting such tax (as modified by this subsection), the first sentence of subsection (a) shall be applied by sub- stituting ‘10 percent’ for ‘25 percent’.
‘‘(2) CORRECTION WINDOW.—For purposes of this subsection, the term ‘correction window’ means the period of time beginning on the date on which the tax under subsection (a) is imposed with respect to a shortfall of distributions from a plan described in subsection (a), and ending on the earliest of— ‘‘(A) the date of mailing a notice of deficiency with respect to the tax imposed by subsection (a) under section 6212, ‘‘(B) the date on which the tax imposed by subsection (a) is assessed, or ‘‘(C) the last day of the second taxable year that begins after the end of the taxable year in which the tax under subsection (a) is imposed.’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after the date of the enact- ment of this Act.

SEC.

303.

RETIREMENT SAVINGS LOST AND FOUND.

(a) IN GENERAL.—Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1131 et seq.)

is amended by adding at the end the following: ‘‘SEC.

523.

RETIREMENT SAVINGS LOST AND FOUND.


‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this section, the Secretary, in consultation with the Secretary of the Treasury, shall establish an online H. R. 2617—882 searchable database (to be managed by the Secretary in accord- ance with this section) to be known as the ‘Retirement Savings Lost and Found’.
The Retirement Savings Lost and Found shall— ‘‘(A) allow an individual to search for information that enables the individual to locate the administrator of any plan described in paragraph (2) with respect to which the individual is or was a participant or beneficiary, and pro- vide contact information for the administrator of any such plan; ‘‘(B) allow the Secretary to assist such an individual in locating any such plan of the individual; and ‘‘(C) allow the Secretary to make any necessary changes to contact information on record for the administrator based on any changes to the plan due to merger or consolidation of the plan with any other plan, division of the plan into two or more plans, bankruptcy, termination, change in name of the plan, change in name or address of the administrator, or other causes.
‘‘(2) PLANS DESCRIBED.—A plan described in this paragraph is a plan to which the vesting standards of section 203 apply.
‘‘(b) ADMINISTRATION.—The Retirement Savings Lost and Found established under subsection (a) shall provide individuals described in subsection (a)(1) only with the ability to search for information that enables the individual to locate the administrator and contact information for the administrator of any plan with respect to which the individual is or was a participant or beneficiary, sufficient to allow the individual to locate the individual’s plan in order to make a claim for benefits owing to the individual under the plan.
‘‘(c) SAFEGUARDING PARTICIPANT PRIVACY AND SECURITY.—In establishing the Retirement Savings Lost and Found under sub- section (a), the Secretary, in consultation with the Secretary of the Treasury, shall take all necessary and proper precautions to— ‘‘(1) ensure that individuals’ plan and personal information maintained by the Retirement Savings Lost and Found is pro- tected; and ‘‘(2) allow any individual to contact the Secretary to opt out of inclusion in the Retirement Savings Lost and Found.
‘‘(d) DEFINITION OF ADMINISTRATOR.—For purposes of this sec- tion, the term ‘administrator’ has the meaning given such term in section 3(16)(A).
‘‘(e) INFORMATION COLLECTION FROM PLANS.—Effective with respect to plan years beginning after the second December 31 occurring after the date of the enactment of this subsection, the administrator of a plan to which the vesting standards of section 203 apply shall submit to the Secretary, at such time and in such form and manner as is prescribed in regulations— ‘‘(1) the information described in paragraphs (1) through (4) of section 6057(b) of the Internal Revenue Code of 1986; ‘‘(2) the information described in subparagraphs (A) and (B) of section 6057(a)(2) of such Code; ‘‘(3) the name and taxpayer identifying number of each participant or former participant in the plan— ‘‘(A) who, during the current plan year or any previous plan year, was reported under section 6057(a)(2)(C) of such H. R. 2617—883 Code, and with respect to whom the benefits described in clause (ii) thereof were fully paid during the plan year; ‘‘(B) with respect to whom any amount was distributed under section 401(a)(31)(B) of such Code during the plan year; or ‘‘(C) with respect to whom a deferred annuity contract was distributed during the plan year; and ‘‘(4) in the case of a participant or former participant to whom paragraph (3) applies— ‘‘(A) in the case of a participant described in subpara- graph (B) thereof, the name and address of the designated trustee or issuer described in section 401(a)(31)(B)(i) of such Code and the account number of the individual retire- ment plan to which the amount was distributed; and ‘‘(B) in the case of a participant described in subpara- graph (C) thereof, the name and address of the issuer of such annuity contract and the contract or certificate number.
‘‘(f) USE OF INFORMATION COLLECTED.—The Secretary— ‘‘(1) may use or disclose information collected under this section only for the purpose described in subsection (a)(1)(B), and ‘‘(2) may disclose such information only to such employees of the Department of Labor whose official duties relate to the purpose described in such subsection.
‘‘(g) PROGRAM INTEGRITY AUDIT.—On an annual basis for each of the first 5 years beginning one year after the establishment of the database in subsection (a)(1) and every 5 years thereafter, the Inspector General of the Department of Labor shall— ‘‘(1) conduct an audit of the administration of the Retire- ment Savings Lost and Found; and ‘‘(2) submit a report on such audit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives.’’.
(b) CONFORMING AMENDMENT.—The table of contents for the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1001 et seq.)

is amended by inserting after the item relating to section 522 the following: ‘‘Sec.

523.

Retirement Savings Lost and Found.’’.

SEC.

304.

UPDATING DOLLAR LIMIT FOR MANDATORY DISTRIBUTIONS.

(a) IN GENERAL.—Section 203(e)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1053(e)(1)) and sections 401(a)(31)(B)(ii) and 411(a)(11)(A) are each amended by striking ‘‘$5,000’’ and inserting ‘‘$7,000’’.

(b) EFFECTIVE DATE.—The amendments made by this section shall apply to distributions made after December 31, 2023.

SEC.

305.

EXPANSION OF EMPLOYEE PLANS COMPLIANCE RESOLUTION SYSTEM.
(a) IN GENERAL.—Except as otherwise provided in the Internal Revenue Code of 1986, regulations, or other guidance of general applicability prescribed by the Secretary of the Treasury or the Secretary’s delegate (referred to in this section as the ‘‘Secretary’’), any eligible inadvertent failure to comply with the rules applicable H. R. 2617—884 under section 401(a), 403(a), 403(b), 408(p), or 408(k) of such Code may be self-corrected under the Employee Plans Compliance Resolu- tion System (as described in Revenue Procedure 2021–30, or any successor guidance, and hereafter in this section referred to as the ‘‘EPCRS’’), except to the extent that (1) such failure was identi- fied by the Secretary prior to any actions which demonstrate a specific commitment to implement a self-correction with respect to such failure, or (2) the self-correction is not completed within a reasonable period after such failure is identified.
For purposes of self-correction of an eligible inadvertent failure, the correction period under section 9.02 of Revenue Procedure 2021–30 (or any successor guidance), except as otherwise provided under such Code, regulations, or other guidance of general applicability prescribed by the Secretary, is indefinite and has no last day, other than with respect to failures identified by the Secretary prior to any actions which demonstrate a specific commitment to implement a self-correction with respect to such failure or with respect to a self-correction that is not completed within a reasonable period, as described in the preceding sentence.
(b) LOAN ERRORS.—In the case of an eligible inadvertent failure relating to a loan from a plan to a participant— (1) such failure may be self-corrected under subsection (a) according to the rules of section 6.07 of Revenue Procedure 2021–30 (or any successor guidance), including the provisions related to whether a deemed distribution must be reported on Form 1099–R, (2) the Secretary of Labor shall treat any such failure which is so self-corrected under subsection (a) as meeting the requirements of the Voluntary Fiduciary Correction Program of the Department of Labor if, with respect to the violation of the fiduciary standards of the Employee Retirement Income Security Act of 1974, there is a similar loan error eligible for correction under EPCRS and the loan error is corrected in such manner, and (3) the Secretary of Labor may impose reporting or other procedural requirements with respect to parties that intend to rely on the Voluntary Fiduciary Correction Program for self-corrections described in paragraph (2).
(c) EPCRS FOR IRAS.—The Secretary shall expand the EPCRS to allow custodians of individual retirement plans (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) to address eligible inadvertent failures with respect to an individual retirement plan (as so defined), including (but not limited to)— (1) waivers of the excise tax which would otherwise apply under section 4974 of the Internal Revenue Code of 1986, and (2) rules permitting a nonspouse beneficiary to return dis- tributions to an inherited individual retirement plan described in section 408(d)(3)(C) of the Internal Revenue Code of 1986 in a case where, due to an inadvertent error by a service provider, the beneficiary had reason to believe that the distribu- tion could be rolled over without inclusion in income of any part of the distributed amount.
(d) CORRECTION METHODS FOR ELIGIBLE INADVERTENT FAIL- URES.—The Secretary shall issue guidance on correction methods that are required to be used to correct eligible inadvertent failures, H. R. 2617—885 including general principles of correction if a specific correction method is not specified by the Secretary.
(e) ELIGIBLE INADVERTENT FAILURE.—For purposes of this sec- tion— (1) IN GENERAL.—Except as provided in paragraph (2), the term ‘‘eligible inadvertent failure’’ means a failure that occurs despite the existence of practices and procedures which— (A) satisfy the standards set forth in section 4.04 of Revenue Procedure 2021–30 (or any successor guidance), or (B) satisfy similar standards in the case of an indi- vidual retirement plan.
(2) EXCEPTION.—The term ‘‘eligible inadvertent failure’’ shall not include any failure which is egregious, relates to the diversion or misuse of plan assets, or is directly or indirectly related to an abusive tax avoidance transaction.
(f) APPLICATION OF CERTAIN REQUIREMENTS FOR CORRECTING ERRORS.—This section shall not apply to any failure unless the correction of such failure under this section is made in conformity with the general principles that apply to corrections of such failures under the Internal Revenue Code of 1986, including regulations or other guidance issued thereunder and including those principles and corrections set forth in Revenue Procedure 2021–30 (or any successor guidance).
(g) ISSUANCE OF GUIDANCE.—The Secretary of the Treasury, or the Secretary’s delegate, shall revise Revenue Procedure 2021– 30 (or any successor guidance) to take into account the provisions of this section not later than the date which is 2 years after the date of enactment of this Act.

SEC.

306.

ELIMINATE THE ‘‘FIRST DAY OF THE MONTH’’ REQUIREMENT FOR GOVERNMENTAL SECTION 457(b) PLANS.
(a) IN GENERAL.—Section 457(b)(4) is amended to read as fol- lows: ‘‘(4) which provides that compensation— ‘‘(A) in the case of an eligible employer described in subsection (e)(1)(A), will be deferred only if an agreement providing for such deferral has been entered into before the compensation is currently available to the individual, and ‘‘(B) in any other case, will be deferred for any calendar month only if an agreement providing for such deferral has been entered into before the beginning of such month,’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after the date of the enact- ment of this Act.

SEC.

307.

ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DIS- TRIBUTION TO SPLIT-INTEREST ENTITY; INCREASE IN QUALIFIED CHARITABLE DISTRIBUTION LIMITATION.
(a) ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBU- TION TO SPLIT-INTEREST ENTITY.—Section 408(d)(8) is amended by adding at the end the following new subparagraph: ‘‘(F) ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBUTION TO SPLIT-INTEREST ENTITY.— ‘‘(i) IN GENERAL.—A taxpayer may for a taxable year elect under this subparagraph to treat as meeting the requirement of subparagraph (B)(i) any distribution H. R. 2617—886 from an individual retirement account which is made directly by the trustee to a split-interest entity, but only if— ‘‘(I) an election is not in effect under this subparagraph for a preceding taxable year, ‘‘(II) the aggregate amount of distributions of the taxpayer with respect to which an election under this subparagraph is made does not exceed $50,000, and ‘‘(III) such distribution meets the requirements of clauses (iii) and (iv).
‘‘(ii) SPLIT-INTEREST ENTITY.—For purposes of this subparagraph, the term ‘split-interest entity’ means— ‘‘(I) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by qualified charitable dis- tributions, ‘‘(II) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by qualified chari- table distributions, or ‘‘(III) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by qualified charitable distribu- tions and commences fixed payments of 5 percent or greater not later than 1 year from the date of funding.
‘‘(iii) CONTRIBUTIONS MUST BE OTHERWISE DEDUCT- IBLE.—A distribution meets the requirements of this clause only if— ‘‘(I) in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust, a deduction for the entire value of the remainder interest in the distribution for the ben- efit of a specified charitable organization would be allowable under section 170 (determined with- out regard to subsection (b) thereof and this para- graph), and ‘‘(II) in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable under section 170 (determined with- out regard to subsection (b) thereof and this para- graph).
‘‘(iv) LIMITATION ON INCOME INTERESTS.—A dis- tribution meets the requirements of this clause only if— ‘‘(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ‘‘(II) the income interest in the split-interest entity is nonassignable.
‘‘(v) SPECIAL RULES.— ‘‘(I) CHARITABLE REMAINDER TRUSTS.—Not- withstanding section 664(b), distributions made H. R. 2617—887 from a trust described in subclause (I) or (II) of clause (ii) shall be treated as ordinary income in the hands of the beneficiary to whom the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A) is paid.
‘‘(II) CHARITABLE GIFT ANNUITIES.—Qualified charitable distributions made to fund a charitable gift annuity shall not be treated as an investment in the contract for purposes of section 72(c).’’.
(b) INFLATION ADJUSTMENT.—Section 408(d)(8), as amended by subsection (a), is further amended by adding at the end the following new subparagraph: ‘‘(G) INFLATION ADJUSTMENT.— ‘‘(i) IN GENERAL.—In the case of any taxable year beginning after 2023, each of the dollar amounts in subparagraphs (A) and (F) shall be increased by an amount equal to— ‘‘(I) such dollar amount, multiplied by ‘‘(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by sub- stituting ‘calendar year 2022’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
‘‘(ii) ROUNDING.—If any dollar amount increased under clause (i) is not a multiple of $1,000, such dollar amount shall be rounded to the nearest multiple of $1,000.’’.

(c) EFFECTIVE DATE.—The amendment made by this section shall apply to distributions made in taxable years beginning after the date of the enactment of this Act.

SEC.

308.

DISTRIBUTIONS TO FIREFIGHTERS.


(a) IN GENERAL.—Subparagraph (A) of section 72(t)(10) is amended by striking ‘‘414(d))’’ and inserting ‘‘414(d)) or a distribu- tion from a plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B) to an employee who provides firefighting services’’.

(b) CONFORMING AMENDMENT.—The heading of paragraph (10) of section 72(t) is amended by striking ‘‘IN GOVERNMENTAL PLANS’’ and inserting ‘‘AND PRIVATE SECTOR FIREFIGHTERS’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.

SEC.

309.

EXCLUSION OF CERTAIN DISABILITY-RELATED FIRST RESPONDER RETIREMENT PAYMENTS.

(a) IN GENERAL.—Part III of subchapter B of chapter 1 is amended by inserting after section 139B the following new section: ‘‘SEC.

139C.

CERTAIN DISABILITY-RELATED FIRST RESPONDER RETIREMENT PAYMENTS.
‘‘(a) IN GENERAL.—In the case of an individual who receives qualified first responder retirement payments for any taxable year, gross income shall not include so much of such payments as do not exceed the annualized excludable disability amount with respect to such individual.
H. R. 2617—888 ‘‘(b) QUALIFIED FIRST RESPONDER RETIREMENT PAYMENTS.—For purposes of this section, the term ‘qualified first responder retire- ment payments’ means, with respect to any taxable year, any pen- sion or annuity which but for this section would be includible in gross income for such taxable year and which is received— ‘‘(1) from a plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B), and ‘‘(2) in connection with such individual’s qualified first responder service.
‘‘(c) ANNUALIZED EXCLUDABLE DISABILITY AMOUNT.—For pur- poses of this section— ‘‘(1) IN GENERAL.—The term ‘annualized excludable dis- ability amount’ means, with respect to any individual, the service-connected excludable disability amounts which are prop- erly attributable to the 12-month period immediately preceding the date on which such individual attains retirement age.
‘‘(2) SERVICE-CONNECTED DISABILITY AMOUNT.—The term ‘service-connected excludable disability amount’ means periodic payments received by an individual which— EXCLUDABLE ‘‘(A) are not includible in such individual’s gross income under section 104(a)(1), ‘‘(B) are received in connection with such individual’s qualified first responder service, and ‘‘(C) terminate when such individual attains retirement age.
‘‘(3) SPECIAL RULE FOR PARTIAL-YEAR PAYMENTS.—In the case of an individual who only receives service-connected excludable disability amounts properly attributable to a portion of the 12-month period described in paragraph (1), such para- graph shall be applied by multiplying such amounts by the ratio of 365 to the number of days in such period to which such amounts were properly attributable.
‘‘(d) QUALIFIED FIRST RESPONDER SERVICE.—For purposes of this section, the term ‘qualified first responder service’ means service as a law enforcement officer, firefighter, paramedic, or emer- gency medical technician.’’.

(b) CLERICAL AMENDMENT.—The table of sections for part III of subchapter B of chapter 1 is amended by inserting after the item relating to section 139B the following new item: ‘‘Sec.

139C.

Certain disability-related first responder retirement payments.’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to amounts received with respect to taxable years begin- ning after December 31, 2026.

SEC.

310.

APPLICATION OF TOP HEAVY RULES TO DEFINED CONTRIBU- TION PLANS COVERING EXCLUDABLE EMPLOYEES.
(a) IN GENERAL.—Paragraph (2) of section 416(c) is amended by adding at the end the following new subparagraph: ‘‘(C) APPLICATION TO EMPLOYEES NOT MEETING AGE AND SERVICE REQUIREMENTS.—Any employees not meeting the age or service requirements of section 410(a)(1) (without regard to subparagraph (B) thereof) may be excluded from consideration in determining whether any plan of the employer meets the requirements of subparagraphs (A) and (B).’’.
H. R. 2617—889 (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to plan years beginning after December 31, 2023.

SEC.

311.

REPAYMENT OF QUALIFIED BIRTH OR ADOPTION DISTRIBU- TION LIMITED TO 3 YEARS.

(a) IN GENERAL.—Section 72(t)(2)(H)(v)(I) is amended by striking ‘‘may make’’ and inserting ‘‘may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make’’.
(b) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendment made by this section shall apply to distributions made after the date of the enactment of this Act.
(2) TEMPORARY RULE WITH RESPECT TO DISTRIBUTIONS ALREADY MADE.—In the case of a qualified birth or adoption distribution (as defined in section 72(t)(2)(H)(iii)(I) of the Internal Revenue Code of 1986) made on or before the date of the enactment of this Act, section 72(t)(2)(H)(v)(I) of such Code (as amended by this Act) shall apply to such distribution by substituting ‘‘after such distribution and before January 1, 2026’’ for ‘‘during the 3-year period beginning on the day after the date on which such distribution was received’’.
SEC.

312.

EMPLOYER MAY RELY ON EMPLOYEE CERTIFYING THAT DEEMED HARDSHIP DISTRIBUTION CONDITIONS ARE MET.
(a) CASH OR DEFERRED ARRANGEMENTS.—Section 401(k)(14) is amended by adding at the end the following new subparagraph: determining whether a distribution is upon the hardship of an employee, the administrator of the plan may rely on a written certifi- cation by the employee that the distribution is— CERTIFICATION.—In ‘‘(C) EMPLOYEE ‘‘(i) on account of a financial need of a type which is deemed in regulations prescribed by the Secretary to be an immediate and heavy financial need, and ‘‘(ii) not in excess of the amount required to satisfy such financial need, and that the employee has no alternative means reasonably available to satisfy such financial need.
The Secretary may provide by regulations for exceptions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the employee’s certification, and for procedures for addressing cases of employee misrepresentation.’’.
(b) 403(b) PLANS.— (1) CUSTODIAL ACCOUNTS.—Section 403(b)(7) is amended by adding at the end the following new subparagraph: ‘‘(D) EMPLOYEE CERTIFICATION.—In determining whether a distribution is upon the financial hardship of an employee, the administrator of the plan may rely on a written certification by the employee that the distribution is— ‘‘(i) on account of a financial need of a type which is deemed in regulations prescribed by the Secretary to be an immediate and heavy financial need, and ‘‘(ii) not in excess of the amount required to satisfy such financial need, and that the employee has no alternative means reasonably available to satisfy such financial need.
The Secretary may H. R. 2617—890 provide by regulations for exceptions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the employee’s certification, and for procedures for addressing cases of employee misrepresentation.’’.
(2) ANNUITY CONTRACTS.—Section 403(b)(11) is amended by adding at the end the following: ‘‘In determining whether a distribution is upon hardship of an employee, the adminis- trator of the plan may rely on a written certification by the employee that the distribution is on account of a financial need of a type which is deemed in regulations prescribed by the Secretary to be an immediate and heavy financial need and is not in excess of the amount required to satisfy such financial need, and that the employee has no alternative means reasonably available to satisfy such financial need.
The Sec- retary may provide by regulations for exceptions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the employee’s certifi- cation, and for procedures for addressing cases of employee misrepresentation.’’.
(c) 457(b) PLAN.—Section 457(d) is amended by adding at the end the following new paragraph: ‘‘(4) PARTICIPANT CERTIFICATION.—In determining whether a distribution to a participant is made when the participant is faced with an unforeseeable emergency, the administrator of a plan maintained by an eligible employer described in subsection (e)(1)(A) may rely on a written certification by the participant that the distribution is— ‘‘(A) made when the participant is faced with an unforeseeable emergency of a type which is described in regulations prescribed by the Secretary as an unforeseeable emergency, and ‘‘(B) not in excess of the amount required to satisfy the emergency need, and that the participant has no alternative means reasonably avail- able to satisfy such emergency need.
The Secretary may provide by regulations for exceptions to the rule of the preceding sen- tence in cases where the plan administrator has actual knowl- edge to the contrary of the participant’s certification, and for procedures for addressing cases of participant misrepresenta- tion.’’.

(d) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act.

SEC.

313.
SEC.

313.

INDIVIDUAL RETIREMENT PLAN STATUTE OF LIMITATIONS FOR EXCISE TAX ON EXCESS CONTRIBUTIONS AND CER- TAIN ACCUMULATIONS.
(a) IN GENERAL.—Section 6501(l) is amended by adding at the end the following new paragraph: ‘‘(4) INDIVIDUAL RETIREMENT PLANS.— ‘‘(A) IN GENERAL.—For purposes of any tax imposed by section 4973 or 4974 in connection with an individual retirement plan, the return referred to in this section shall include the income tax return filed by the person on whom the tax under such section is imposed for the year in H. R. 2617—891 which the act (or failure to act) giving rise to the liability for such tax occurred.
‘‘(B) RULE IN CASE OF INDIVIDUALS NOT REQUIRED TO FILE RETURN.—In the case of a person who is not required to file an income tax return for such year— ‘‘(i) the return referred to in this section shall be the income tax return that such person would have been required to file but for the fact that such person was not required to file such return, and ‘‘(ii) the 3-year period referred to in subsection (a) with respect to the return shall be deemed to begin on the date by which the return would have been required to be filed (excluding any extension thereof).
‘‘(C) PERIOD FOR ASSESSMENT IN CASE OF INCOME TAX RETURN.—In any case in which the return with respect to a tax imposed by section 4973 is the individual’s income tax return for purposes of this section, subsection (a) shall be applied by substituting a 6-year period in lieu of the 3-year period otherwise referred to in such subsection.
‘‘(D) EXCEPTION FOR CERTAIN ACQUISITIONS OF PROP- ERTY.—In the case of any tax imposed by section 4973 that is attributable to acquiring property for less than fair market value, subparagraph (A) shall not apply.’’.

(b) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC.

314.

PENALTY-FREE WITHDRAWAL FROM RETIREMENT PLANS FOR INDIVIDUAL IN CASE OF DOMESTIC ABUSE.
(a) IN GENERAL.—Paragraph (2) of section 72(t), as amended by this Act, is further amended by adding at the end the following new subparagraph: ‘‘(K) DISTRIBUTION FROM RETIREMENT PLAN IN CASE OF DOMESTIC ABUSE.— ‘‘(i) IN GENERAL.—Any eligible distribution to a domestic abuse victim.
‘‘(ii) LIMITATION.—The aggregate amount which may be treated as an eligible distribution to a domestic abuse victim by any individual shall not exceed an amount equal to the lesser of— ‘‘(I) $10,000, or ‘‘(II) 50 percent of the present value of the nonforfeitable accrued benefit of the employee under the plan.
‘‘(iii) ELIGIBLE DISTRIBUTION TO A DOMESTIC ABUSE VICTIM.—For purposes of this subparagraph— ‘‘(I) IN GENERAL.—A distribution shall be treated as an eligible distribution to a domestic abuse victim if such distribution is from an applicable eligible retirement plan and is made to an individual during the 1-year period beginning on any date on which the individual is a victim of domestic abuse by a spouse or domestic partner.
‘‘(II) DOMESTIC ABUSE.—The term ‘domestic abuse’ means physical, psychological, sexual, emo- tional, or economic abuse, including efforts to con- trol, isolate, humiliate, or intimidate the victim, or to undermine the victim’s ability to reason H. R. 2617—892 independently, including by means of abuse of the victim’s child or another family member living in the household.
‘‘(iv) TREATMENT OF PLAN DISTRIBUTIONS.—If a dis- tribution to an individual would (without regard to clause (ii)) be an eligible distribution to a domestic abuse victim, a plan shall not be treated as failing to meet any requirement of this title merely because the plan treats the distribution as an eligible distribu- tion to a domestic abuse victim, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer, determined as pro- vided in subparagraph (H)(iv)(II)) to such individual exceeds the limitation under clause (ii).
‘‘(v) AMOUNT DISTRIBUTED MAY BE REPAID.—Rules similar to the rules of subparagraph (H)(v) shall apply with respect to an individual who receives a distribu- tion to which clause (i) applies.
‘‘(vi) DEFINITION AND SPECIAL RULES.—For pur- poses of this subparagraph: ‘‘(I) APPLICABLE ELIGIBLE RETIREMENT PLAN.— The term ‘applicable eligible retirement plan’ means an eligible retirement plan (as defined in section 402(c)(8)(B)) other than a defined benefit plan or a plan to which sections 401(a)(11) and 417 apply.
‘‘(II) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE TO TRUSTEE TRANSFER AND WITHHOLDING RULES.—For purposes of sections 401(a)(31), 402(f), and 3405, an eligible distribution to a domestic abuse victim shall not be treated as an eligible rollover distribution.
‘‘(III) DISTRIBUTIONS TREATED AS MEETING PLAN DISTRIBUTION REQUIREMENTS; SELF-CERTIFI- CATION.—Any distribution which the employee or participant certifies as being an eligible distribu- tion to a domestic abuse victim shall be treated as meeting sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A).
‘‘(vii) INFLATION ADJUSTMENT.—In the case of a taxable year beginning in a calendar year after 2024, the $10,000 amount in clause (ii)(I) shall be increased by an amount equal to— requirements the of ‘‘(I) such dollar amount, multiplied by ‘‘(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by sub- stituting ‘calendar year 2023’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
If any amount after adjustment under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.’’.

(b) EFFECTIVE DATE.—The amendments made by this section shall apply to distributions made after December 31, 2023.

H. R. 2617—893 SEC.

315.

REFORM OF FAMILY ATTRIBUTION RULE.
(a) IN GENERAL.—Section 414 is amended— (1) in subsection (b)— (A) by striking ‘‘For purposes of’’ and inserting the following: ‘‘(1) IN GENERAL.—For purposes of’’, and (B) by adding at the end the following new paragraphs: ‘‘(2) SPECIAL RULES FOR APPLYING FAMILY ATTRIBUTION.— For purposes of applying the attribution rules under section 1563 with respect to paragraph (1), the following rules apply: ‘‘(A) Community property laws shall be disregarded for purposes of determining ownership.
‘‘(B) Except as provided by the Secretary, stock of an individual not attributed under section 1563(e)(5) to such individual’s spouse shall not be attributed to such spouse by reason of the combined application of paragraphs (1) and (6)(A) of section 1563(e).
‘‘(C) Except as provided by the Secretary, in the case of stock in different corporations that is attributed to a child under section 1563(e)(6)(A) from each parent, and is not attributed to such parents as spouses under section 1563(e)(5), such attribution to the child shall not by itself result in such corporations being members of the same controlled group.
‘‘(3) PLAN SHALL NOT FAIL TO BE TREATED AS SATISFYING THIS SECTION.—If application of paragraph (2) causes 2 or more entities to be a controlled group or to no longer be in a controlled group, such change shall be treated as a transaction to which section 410(b)(6)(C) applies.’’, and (2) in subsection (m)(6)(B)— (A) by striking ‘‘OWNERSHIP.—In determining’’ and inserting the following: ‘‘OWNERSHIP.— ‘‘(i) IN GENERAL.—In determining’’, (B) by adding at the end the following new clauses: ‘‘(ii) SPECIAL RULES FOR APPLYING FAMILY ATTRIBU- TION.—For purposes of applying the attribution rules under section 318 with respect to clause (i), the fol- lowing rules apply: ‘‘(I) Community property laws shall be dis- regarded for purposes of determining ownership.
‘‘(II) Except as provided by the Secretary, stock of an individual not attributed under section 318(a)(1)(A)(i) to such individual’s spouse shall not be attributed by reason of the combined application of paragraphs (1)(A)(ii) and (4) of section 318(a) to such spouse from a child who has not attained the age of 21 years.
‘‘(III) Except as provided by the Secretary, in the case of stock in different organizations which is attributed under section 318(a)(1)(A)(ii) from each parent to a child who has not attained the age of 21 years, and is not attributed to such parents as spouses under section 318(a)(1)(A)(i), such attribution to the child shall not by itself result in such organizations being members of the same affiliated service group.
H. R. 2617—894 ‘‘(iii) PLAN SHALL NOT FAIL TO BE TREATED AS SATIS- FYING THIS SECTION.—If the application of clause (ii) causes two or more entities to be an affiliated service group, or to no longer be in an affiliated service group, such change shall be treated as a transaction to which section 410(b)(6)(C) applies.’’, and (C) by striking ‘‘apply’’ in clause (i), as so added, and inserting ‘‘apply, except that community property laws shall be disregarded for purposes of determining ownership’’.
(b) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2023.

SEC.

316.

AMENDMENTS TO INCREASE BENEFIT ACCRUALS UNDER PLAN FOR PREVIOUS PLAN YEAR ALLOWED UNTIL EMPLOYER TAX RETURN DUE DATE.
(a) IN GENERAL.—Section 401(b) is amended by adding at the end the following new paragraph: ‘‘(3) RETROACTIVE PLAN AMENDMENTS THAT INCREASE BEN- EFIT ACCRUALS.—If— ‘‘(A) an employer amends a stock bonus, pension, profit- sharing, or annuity plan to increase benefits accrued under the plan effective as of any date during the immediately preceding plan year (other than increasing the amount of matching contributions in subsection (m)(4)(A))), (as defined ‘‘(B) such amendment would not otherwise cause the plan to fail to meet any of the requirements of this sub- chapter, and ‘‘(C) such amendment is adopted before the time pre- scribed by law for filing the return of the employer for the taxable year (including extensions thereof) which includes the date described in subparagraph (A), the employer may elect to treat such amendment as having been adopted as of the last day of the plan year in which the amendment is effective.’’.
(b) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2023.

SEC.

317.

RETROACTIVE FIRST YEAR ELECTIVE DEFERRALS FOR SOLE PROPRIETORS.
(a) IN GENERAL.—Section 401(b)(2) is amended by adding at the end the following: ‘‘In the case of an individual who owns the entire interest in an unincorporated trade or business, and who is the only employee of such trade or business, any elective deferrals (as defined in section 402(g)(3)) under a qualified cash or deferred arrangement to which the preceding sentence applies, which are made by such individual before the time for filing the return of such individual for the taxable year (determined without regard to any extensions) ending after or with the end of the plan’s first plan year, shall be treated as having been made before the end of such first plan year.’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall apply to plan years beginning after the date of the enactment of this Act.

H. R. 2617—895 SEC.

318.

PERFORMANCE BENCHMARKS FOR ASSET ALLOCATION FUNDS.

(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations under section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1104) providing that, in the case of a designated investment alternative that contains a mix of asset classes, the administrator of a plan may, but is not required to, use a benchmark that is a blend of different broad-based securities market indices if— (1) the blend is reasonably representative of the asset class holdings of the designated investment alternative; (2) for purposes of determining the blend’s returns for 1-, 5-, and 10-calendar-year periods (or for the life of the alter- native, if shorter), the blend is modified at least once per year if needed to reflect changes in the asset class holdings of the designated investment alternative; (3) the blend is furnished to participants and beneficiaries in a manner that is reasonably calculated to be understood by the average plan participant; and (4) each securities market index that is used for an associ- ated asset class would separately satisfy the requirements of such regulation for such asset class.
(b) STUDY.—Not later than 3 years after the applicability date of regulations issued under this section, the Secretary of Labor shall deliver a report to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives regarding the utilization, and participants’ under- standing, of the benchmarking requirements under this section.

SEC.
SEC.

319. REVIEW AND REPORT TO CONGRESS RELATING TO REPORTING AND DISCLOSURE REQUIREMENTS.
(a) STUDY.—As soon as practicable after the date of enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Director of the Pension Benefit Guaranty Corporation shall review the reporting and disclosure requirements as applicable to each such agency head, of— (1) the Employee Retirement Income Security Act of 1974 applicable to pension plans (as defined in section 3(2) of such Act (29 U.S.C.
1002(2)) covered by title I of such Act; and (2) the Internal Revenue Code of 1986 applicable to quali- fied retirement plans (as defined in section 4974(c) of such Code, without regard to paragraphs (4) and (5) of such section).
(b) REPORT.— (1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Director of the Pension Benefit Guar- anty Corporation, jointly, and after consultation with a balanced group of participant and employer representatives, shall with respect to plans referenced in subsection (a) report on the effectiveness of the applicable reporting and disclosure require- ments and make such recommendations as may be appropriate to the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate to consolidate, simplify, H. R. 2617—896 standardize, and improve such requirements so as to simplify reporting for, and disclosure from, such plans and ensure that plans can furnish and participants and beneficiaries timely receive and better understand the information they need to monitor their plans, plan for retirement, and obtain the benefits they have earned.
(2) ANALYSIS OF EFFECTIVENESS.—To assess the effective- ness of the applicable reporting and disclosure requirements, the report shall include an analysis of how participants and beneficiaries are providing preferred contact information, the methods by which plan sponsors and plans are furnishing disclosures, and the rate at which participants and beneficiaries are receiving, accessing, understanding, and retaining disclo- sures.
(3) COLLECTION OF INFORMATION.—The agencies shall con- duct appropriate surveys and data collection to obtain any needed information.

SEC.

320.

ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED TO UNENROLLED PARTICIPANTS.

(a) AMENDMENT OF ERISA.— (1) IN GENERAL.—Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1021 et seq.)

is amended by redesignating section 111 as section 112 and by inserting after section 110 the following new section: ‘‘SEC.

111.
111.

ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED TO UNENROLLED PARTICIPANTS.
‘‘(a) IN GENERAL.—Notwithstanding any other provision of this title, with respect to any individual account plan, no disclosure, notice, or other plan document (other than the notices and docu- ments described in paragraphs (1) and (2)) shall be required to be furnished under this title to any unenrolled participant if the unenrolled participant is furnished— ‘‘(1) an annual reminder notice of such participant’s eligi- bility to participate in such plan and any applicable election deadlines under the plan; and ‘‘(2) any document requested by such participant that the participant would be entitled to receive notwithstanding this section.
‘‘(b) UNENROLLED PARTICIPANT.—For purposes of this section, the term ‘unenrolled participant’ means an employee who— ‘‘(1) is eligible to participate in an individual account plan; ‘‘(2) has been furnished— ‘‘(A) the summary plan description pursuant to section 104(b), and ‘‘(B) any other notices related to eligibility under the plan required to be furnished under this title, or the Internal Revenue Code of 1986, in connection with such participant’s initial eligibility to participate in such plan; ‘‘(3) is not participating in such plan; and ‘‘(4) satisfies such other criteria as the Secretary of Labor may determine appropriate, as prescribed in guidance issued in consultation with the Secretary of Treasury.
For purposes of this section, any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility.
H. R. 2617—897 ‘‘(c) ANNUAL REMINDER NOTICE.—For purposes of this section, the term ‘annual reminder notice’ means a notice provided in accord- ance with section 2520.104b–1 of title 29, Code of Federal Regula- tions (or any successor regulation), which— ‘‘(1) is furnished in connection with the annual open season election period with respect to the plan or, if there is no such period, is furnished within a reasonable period prior to the beginning of each plan year; ‘‘(2) notifies the unenrolled participant of— ‘‘(A) the unenrolled participant’s eligibility to partici- pate in the plan; and ‘‘(B) the key benefits and rights under the plan, with a focus on employer contributions and vesting provisions; and ‘‘(3) provides such information in a prominent manner cal- culated to be understood by the average participant.’’.
(2) CLERICAL AMENDMENT.—The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by striking the item relating to section 111 and by inserting after the item relating to section 110 the following new items: ‘‘Sec.

111.

Eliminating unnecessary plan requirements related to unenrolled partici- ‘‘Sec.

112.

Repeal and effective date.’’.

pants.
(b) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.—Section 414, as amended by the preceding provisions of this Act, is amended by adding at the end the following new subsection: ‘‘(bb) ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED TO UNENROLLED PARTICIPANTS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of this title, with respect to any defined contribution plan, no disclosure, notice, or other plan document (other than the notices and documents described in subparagraphs (A) and (B)) shall be required to be furnished under this title to any unenrolled participant if the unenrolled participant is fur- nished— ‘‘(A) an annual reminder notice of such participant’s eligibility to participate in such plan and any applicable election deadlines under the plan, and ‘‘(B) any document requested by such participant that the participant would be entitled to receive notwithstanding this subsection.
‘‘(2) UNENROLLED PARTICIPANT.—For purposes of this sub- section, the term ‘unenrolled participant’ means an employee who— ‘‘(A) is eligible to participate in a defined contribution plan, ‘‘(B) has been furnished— ‘‘(i) the summary plan description pursuant to sec- tion 104(b) of the Employee Retirement Income Secu- rity Act of 1974, and ‘‘(ii) any other notices related to eligibility under the plan and required to be furnished under this title, or the Employee Retirement Income Security Act of 1974, in connection with such participant’s initial eligi- bility to participate in such plan, ‘‘(C) is not participating in such plan, and H. R. 2617—898 ‘‘(D) satisfies such other criteria as the Secretary of the Treasury may determine appropriate, as prescribed in guidance issued in consultation with the Secretary of Labor.
For purposes of this subsection, any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility.

‘‘(3) ANNUAL REMINDER NOTICE.—For purposes of this sub- section, the term ‘annual reminder notice’ means the notice described in section 111(c) of the Employee Retirement Income Security Act of 1974.’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2022.

SEC.

321. REVIEW OF PENSION RISK TRANSFER INTERPRETIVE BUL- LETIN.
Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall— (1) review section 2509.95–1 of title 29, Code of Federal Regulations (relating to the fiduciary standards under the Employee Retirement Income Security Act of 1974 when selecting an annuity provider for a defined benefit pension plan) and consult with the Advisory Council on Employee Wel- fare 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 war- ranted; and (2) report to Congress on the findings of such review and consultation, including an assessment of any risk to partici- pants.

SEC.

322.

TAX TREATMENT OF IRA INVOLVED IN A PROHIBITED TRANS- ACTION.
(a) IN GENERAL.—Section 408(e)(2)(A) is amended by striking ‘‘and’’ at the end of clause (i), by striking the period at the end of clause (ii) and inserting ‘‘, and’’, and by adding at the end the following new clause: ‘‘(iii) each individual retirement plan of the indi- vidual shall be treated as a separate contract.’’.

(b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
(2) NO INFERENCE.—Nothing in the amendments made by this section shall be construed to infer the proper treatment under the Internal Revenue Code of 1986 of individual retire- ment plans as 1 contract in the case of any other provision of such Code to which the amendments made by this section do not apply.

SEC.

323.

CLARIFICATION OF SUBSTANTIALLY EQUAL PERIODIC PAY- MENT RULE.
(a) IN GENERAL.—Paragraph (4) of section 72(t) is amended by inserting at the end the following new subparagraph: ‘‘(C) ROLLOVERS TO SUBSEQUENT PLAN.—If— ‘‘(i) payments described in paragraph (2)(A)(iv) are being made from a qualified retirement plan, H. R. 2617—899 ‘‘(ii) a transfer or a rollover from such qualified retirement plan of all or a portion of the taxpayer’s benefit under the plan is made to another qualified retirement plan, and ‘‘(iii) distributions from the transferor and trans- feree plans would in combination continue to satisfy the requirements of paragraph (2)(A)(iv) if they had been made only from the transferor plan, such transfer or rollover shall not be treated as a modifica- tion under subparagraph (A)(ii), and compliance with para- graph (2)(A)(iv) shall be determined on the basis of the combined distributions described in clause (iii).’’.
(b) NONQUALIFIED ANNUITY CONTRACTS.—Paragraph (3) of sec- tion 72(q) is amended— (1) by redesignating clauses (i) and (ii) of subparagraph (B) as subclauses (I) and (II), and by moving such subclauses 2 ems to the right; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), by moving such clauses 2 ems to the right, and by adjusting the flush language at the end accordingly; (3) by striking ‘‘PAYMENTS.—If’’ and inserting ‘‘PAYMENTS.— ‘‘(A) IN GENERAL.—If—’’; and (4) by adding at the end the following new subparagraph: ‘‘(B) EXCHANGES TO SUBSEQUENT CONTRACTS.—If— ‘‘(i) payments described in paragraph (2)(D) are being made from an annuity contract, ‘‘(ii) an exchange of all or a portion of such contract for another contract is made under section 1035, and ‘‘(iii) the aggregate distributions from the contracts involved in the exchange continue to satisfy the requirements of paragraph (2)(D) as if the exchange had not taken place, such exchange shall not be treated as a modification under subparagraph (A)(ii), and compliance with paragraph (2)(D) shall be determined on the basis of the combined distribu- tions described in clause (iii).’’.
(c) INFORMATION REPORTING.—Section 6724 is amended by inserting at the end the following new subsection: ‘‘(g) SPECIAL RULE FOR REPORTING CERTAIN ADDITIONAL TAXES.—No penalty shall be imposed under section 6721 or 6722 if— ‘‘(1) a person makes a return or report under section 6047(d) or 408(i) with respect to any distribution, ‘‘(2) such distribution is made following a rollover, transfer, in section 72(t)(4)(C) or section or exchange described 72(q)(3)(C), ‘‘(3) in making such return or report the person relies upon a certification provided by the taxpayer that the distribu- tions satisfy the requirements of section 72(t)(4)(C)(iii) or sec- tion 72(q)(3)(B)(iii), as applicable, and ‘‘(4) such person does not have actual knowledge that the distributions do not satisfy such requirements.’’.
(d) SAFE HARBOR FOR ANNUITY PAYMENTS.— (1) QUALIFIED RETIREMENT PLANS.—Subparagraph (A) of section 72(t)(2) is amended by adding at the end the following flush sentence: H. R. 2617—900 ‘‘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 pay- ments under section 401(a)(9).’’.
(2) OTHER ANNUITY CONTRACTS.—Paragraph (2) of section 72(q) is amended by adding at the end the following flush sentence: ‘‘For purposes of subparagraph (D), periodic payments shall not fail to be treated as substantially equal merely because they are amounts received as an annuity, and such periodic payments shall be deemed to be substantially equal if they are payable over a period described in subparagraph (D) and would satisfy the requirements applicable to annuity payments under section 401(a)(9) if such requirements applied.’’.
(e) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by subsections (a), (b), and (c) shall apply to transfers, rollovers, and exchanges occurring after December 31, 2023.

(2) ANNUITY PAYMENTS.—The amendment made by sub- section (d) shall apply to distributions commencing on or after the date of the enactment of this Act.
(3) NO INFERENCE.—Nothing in the amendments made by this section shall be construed to create an inference with respect to the law in effect prior to the effective date of such amendments.

SEC.

324.

TREASURY GUIDANCE ON ROLLOVERS.
(a) IN GENERAL.—Not later than January 1, 2025, the Secretary of the Treasury or the Secretary’s delegate shall, to simplify, stand- ardize, facilitate, and expedite the completion of rollovers to eligible retirement plans (as defined in section 402(c)(8)(B) of the Internal Revenue Code of 1986) and trustee-to-trustee transfers from indi- vidual retirement plans (as defined in section 7701(a)(37) of such Code), develop and issue— (1) guidance in the form of sample forms (including relevant procedures and protocols) for rollovers of eligible rollover dis- tributions from a retirement to an eligible retirement plan which— (A) are written in a manner calculated to be understood by the average person, and (B) can be used by both distributing eligible retirement plans and receiving retirement plans, and (2) guidance in the form of sample forms (including relevant procedures and protocols) for trustee-to-trustee transfers of amounts from an individual retirement plan to another indi- vidual retirement plan which— (A) are written in a manner calculated to be understood by the average person, and (B) can be used by both transferring individual retire- ment plans and individual retirement plans receiving the transfer.
(b) OTHER REQUIREMENTS.—In developing the sample forms under subsection (a), the Secretary (or Secretary’s delegate) shall obtain relevant information from participants and plan sponsor H. R. 2617—901 representatives and consider potential coordination with sections 319 and 336 of this Act.

SEC.

325.

ROTH PLAN DISTRIBUTION RULES.


(a) IN GENERAL.—Subsection (d) of section 402A is amended by adding at the end the following new paragraph: ‘‘(5) MANDATORY DISTRIBUTION RULES NOT TO APPLY BEFORE DEATH.—Notwithstanding sections 403(b)(10) and 457(d)(2), the following provisions shall not apply to any designated Roth account: ‘‘(A) Section 401(a)(9)(A).

‘‘(B) The incidental death benefit requirements of sec- tion 401(a).’’.
(b) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendment made by this section shall apply to taxable years beginning after December 31, 2023.

(2) SPECIAL RULE.—The amendment made by this section shall not apply to distributions which are required with respect to years beginning before January 1, 2024, but are permitted to be paid on or after such date.

SEC.

326.

EXCEPTION TO PENALTY ON EARLY DISTRIBUTIONS FROM QUALIFIED PLANS FOR INDIVIDUALS WITH A TERMINAL ILLNESS.
(a) IN GENERAL.—Section 72(t)(2), as amended by this Act, is further amended by adding at the end the following new subpara- graph: ‘‘(L) TERMINAL ILLNESS.— ‘‘(i) IN GENERAL.—Distributions which are made to the employee who is a terminally ill individual on or after the date on which such employee has been certified by a physician as having a terminal illness.
‘‘(ii) DEFINITION.—For purposes of this subpara- graph, the term ‘terminally ill individual’ has the same meaning given such term under section 101(g)(4)(A), except that ‘84 months’ shall be substituted for ‘24 months’.

‘‘(iii) DOCUMENTATION.—For purposes of this subparagraph, an employee shall not be considered to be a terminally ill individual unless such employee furnishes sufficient evidence to the plan administrator in such form and manner as the Secretary may require.
‘‘(iv) AMOUNT DISTRIBUTED MAY BE REPAID.—Rules similar to the rules of subparagraph (H)(v) shall apply with respect to an individual who receives a distribu- tion to which clause (i) applies.’’.

(b) EFFECTIVE DATE.—The amendment made by this section shall apply to distributions made after the date of the enactment of this Act.

SEC.

327.

SURVIVING SPOUSE ELECTION TO BE TREATED AS EMPLOYEE.
(a) IN GENERAL.—Section 401(a)(9)(B)(iv), as amended by this Act, is further amended to read as follows: ‘‘(iv) SPECIAL RULE FOR SURVIVING SPOUSE OF EMPLOYEE.—If the designated beneficiary referred to in clause (iii)(I) is the surviving spouse of the employee H. R. 2617—902 and the surviving spouse elects the treatment in this clause— ‘‘(I) the regulations referred to in clause (iii)(II) shall treat the surviving spouse as if the surviving spouse were the employee, ‘‘(II) the date on which the distributions are required to begin under clause (iii)(III) shall not be earlier than the date on which the employee would have attained the applicable age, and ‘‘(III) if the surviving spouse dies before the distributions to such spouse begin, this subpara- graph shall be applied as if the surviving spouse is the employee.
An election described in this clause shall be made at such time and in such manner as prescribed by the Secretary, shall include a timely notice to the plan administrator, and once made may not be revoked except with the consent of the Secretary.’’.
(b) EXTENSION OF ELECTION OF AT LEAST AS RAPIDLY RULE.— The Secretary shall amend Q&A–5(a) of Treasury Regulation section 1.401(a)(9)–5 (or any successor regulation thereto) to provide that if the surviving spouse is the employee’s sole designated beneficiary and the spouse elects treatment under section 401(a)(9)(B)(iv), then the applicable distribution period for distribution calendar years after the distribution calendar year including the employee’s date of death is determined under the uniform lifetime table.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to calendar years beginning after December 31, 2023.

SEC.

328.

REPEAL OF DIRECT PAYMENT REQUIREMENT ON EXCLUSION FROM GROSS INCOME OF DISTRIBUTIONS FROM GOVERN- MENTAL PLANS FOR HEALTH AND LONG-TERM CARE INSURANCE.
(a) IN GENERAL.—Section 402(l)(5)(A) is amended to read as follows: ‘‘(A) DIRECT PAYMENT TO INSURER PERMITTED.— ‘‘(i) IN GENERAL.—Paragraph (1) shall apply to a distribution without regard to whether payment of the premiums is made directly to the provider of the accident or health plan or qualified long-term care insurance contract by deduction from a distribution from the eligible retirement plan, or is made to the employee.
‘‘(ii) REPORTING.—In the case of a payment made to the employee as described in clause (i), the employee shall include with the return of tax for the taxable year in which the distribution is made an attestation that the distribution does not exceed the amount paid by the employee for qualified health insurance pre- miums for such taxable year.’’.

(b) EFFECTIVE DATE.—The amendment made by this section shall apply to distributions made after the date of the enactment of this Act.

SEC.

329.
SEC.

329.

MODIFICATION OF ELIGIBLE AGE FOR EXEMPTION FROM EARLY WITHDRAWAL PENALTY.

(a) IN GENERAL.—Subparagraph (A) of section 72(t)(10), as amended by this Act, is further amended by striking ‘‘age 50’’ H. R. 2617—903 and inserting ‘‘age 50 or 25 years of service under the plan, which- ever is earlier’’.

(b) EFFECTIVE DATE.—The amendment made by this section shall apply to distributions made after the date of the enactment of this Act.

SEC.

330.
SEC.

330.

EXEMPTION FROM EARLY WITHDRAWAL PENALTY FOR CER- TAIN STATE AND LOCAL GOVERNMENT CORRECTIONS EMPLOYEES.

(a) IN GENERAL.—Clause (i) of section 72(t)(10)(B) is amended by striking ‘‘or emergency medical services’’ and inserting ‘‘emer- gency medical services, or services as a corrections officer or as a forensic security employee providing for the care, custody, and control of forensic patients’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall apply to distributions made after the date of the enactment of this Act.

SEC.

331.

SPECIAL RULES FOR USE OF RETIREMENT FUNDS IN CONNECTION WITH QUALIFIED FEDERALLY DECLARED DISASTERS.
(a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.— (1) IN GENERAL.—Paragraph (2) of section 72(t), as amended by this Act, is further amended by adding at the end the following new subparagraph: ‘‘(M) DISTRIBUTIONS FROM RETIREMENT PLANS IN CONNECTION WITH FEDERALLY DECLARED DISASTERS.—Any qualified disaster recovery distribution.’’.
(2) QUALIFIED DISASTER RECOVERY DISTRIBUTION.—Section 72(t) is amended by adding at the end the following new para- graph: ‘‘(11) QUALIFIED DISASTER RECOVERY DISTRIBUTION.—For purposes of paragraph (2)(M)— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘qualified disaster recovery distribution’ means any distribution made— ‘‘(i) on or after the first day of the incident period of a qualified disaster and before the date that is 180 days after the applicable date with respect to such disaster, and ‘‘(ii) to an individual whose principal place of abode at any time during the incident period of such qualified disaster is located in the qualified disaster area with respect to such qualified disaster and who has sus- tained an economic loss by reason of such qualified disaster.
‘‘(B) AGGREGATE DOLLAR LIMITATION.— ‘‘(i) IN GENERAL.—For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified disaster recovery distributions with respect to any qualified disaster in all taxable years shall not exceed $22,000.
‘‘(ii) TREATMENT OF PLAN DISTRIBUTIONS.—If a dis- tribution to an individual would (without regard to clause (i)) be a qualified disaster recovery distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such dis- tribution as a qualified disaster recovery distribution, H. R. 2617—904 unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $22,000 with respect to the same qualified disaster.
‘‘(iii) CONTROLLED GROUP.—For purposes of clause (ii), the term ‘controlled group’ means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414.
‘‘(C) AMOUNT DISTRIBUTED MAY BE REPAID.— ‘‘(i) IN GENERAL.—Any individual who receives a qualified disaster recovery distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be.
‘‘(ii) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS OTHER THAN IRAS.— For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified dis- aster recovery distribution from a plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified disaster recovery distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having trans- ferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.
‘‘(iii) TREATMENT OF REPAYMENTS FOR DISTRIBU- TIONS FROM IRAS.—For purposes of this title, if a con- tribution is made pursuant to clause (i) with respect to a qualified disaster recovery distribution from an individual retirement plan, then, to the extent of the amount of the contribution, the qualified disaster recovery distribution shall be treated as a distribution described in section 408(d)(3) and as having been trans- ferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.
‘‘(D) INCOME INCLUSION SPREAD OVER 3-YEAR PERIOD.— ‘‘(i) IN GENERAL.—In the case of any qualified dis- aster recovery distribution, unless the taxpayer elects not to have this subparagraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included rat- ably over the 3-taxable year period beginning with such taxable year.
‘‘(ii) SPECIAL RULE.—For purposes of clause (i), rules similar to the rules of subparagraph (E) of section 408A(d)(3) shall apply.

‘‘(E) QUALIFIED DISASTER.—For purposes of this para- graph and paragraph (8), the term ‘qualified disaster’ H. R. 2617—905 means any disaster with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act after December 27, 2020.
‘‘(F) OTHER DEFINITIONS.—For purposes of this para- graph and paragraph (8)— ‘‘(i) QUALIFIED DISASTER AREA.— ‘‘(I) IN GENERAL.—The term ‘qualified disaster area’ means, with respect to any qualified disaster, the area with respect to which the major disaster was declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
‘‘(II) EXCEPTIONS.—Such term shall not include any area which is a qualified disaster area solely by reason of section 301 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020.

‘‘(ii) INCIDENT PERIOD.—The term ‘incident period’ means, with respect to any qualified disaster, the period specified by the Federal Emergency Manage- ment Agency as the period during which such disaster occurred.
‘‘(iii) APPLICABLE DATE.—The term ‘applicable date’ means the latest of— ‘‘(I) the date of the enactment of this para- graph, ‘‘(II) the first day of the incident period with respect to the qualified disaster, or ‘‘(III) the date of the disaster declaration with respect to the qualified disaster.

‘‘(iv) ELIGIBLE RETIREMENT term ‘eligible retirement plan’ shall have the meaning given such term by section 402(c)(8)(B).
‘‘(G) SPECIAL RULES.— PLAN.—The ‘‘(i) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE TO TRUSTEE TRANSFER AND WITHHOLDING RULES.—For purposes of sections 401(a)(31), 402(f), and 3405, quali- fied disaster recovery distributions shall not be treated as eligible rollover distributions.
‘‘(ii) QUALIFIED DISASTER RECOVERY DISTRIBUTIONS TREATED AS MEETING PLAN DISTRIBUTION REQUIRE- MENTS.—For purposes of this title— ‘‘(I) a qualified disaster recovery distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A), and ‘‘(II) in the case of a money purchase pension plan, a qualified disaster recovery distribution which is an in-service withdrawal shall be treated as meeting the requirements of section 401(a) applicable to distributions.’’.
(3) EFFECTIVE DATE.—The amendments made by this sub- section shall apply to distributions with respect to disasters the incident period (as defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as added by this subsection) for which begins on or after the date which is 30 days after the date of the enactment of the Taxpayer Certainty and Dis- aster Tax Relief Act of 2020.
H. R. 2617—906 (b) RECONTRIBUTIONS OF WITHDRAWALS FOR HOME PUR- CHASES.— (1) INDIVIDUAL RETIREMENT PLANS.—Paragraph (8) of sec- tion 72(t) is amended by adding at the end the following new subparagraph: ‘‘(F) RECONTRIBUTIONS.— ‘‘(i) GENERAL RULE.— ‘‘(I) IN GENERAL.—Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be.
‘‘(II) TREATMENT OF REPAYMENTS.—Rules similar to the rules of clauses (ii) and (iii) of para- graph (11)(C) shall apply for purposes of this sub- section.
‘‘(ii) QUALIFIED DISTRIBUTION.—For purposes of this subparagraph, the term ‘qualified distribution’ means any distribution— ‘‘(I) which is a qualified first-time homebuyer distribution, ‘‘(II) which was to be used to purchase or construct a principal residence in a qualified dis- aster area, but which was not so used on account of the qualified disaster with respect to such area, and ‘‘(III) which was received during the period beginning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period.
‘‘(iii) APPLICABLE PERIOD.—For purposes of this subparagraph, the term ‘applicable period’ means, in the case of a principal residence in a qualified disaster area with respect to any qualified disaster, the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the applicable date with respect to such disaster.’’.
(2) QUALIFIED PLANS.—Subsection (c) of section 402, as amended by this Act, is further amended by adding at the end the following new paragraph: ‘‘(13) RECONTRIBUTIONS OF WITHDRAWALS FOR HOME PUR- CHASES.— ‘‘(A) GENERAL RULE.— ‘‘(i) IN GENERAL.—Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in paragraph (8)(B)) of which such individual is a bene- ficiary and to which a rollover contribution of such H. R. 2617—907 distribution could be made under subsection (c) or sec- tion 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be.
‘‘(ii) TREATMENT OF REPAYMENTS.—Rules similar to the rules of clauses (ii) and (iii) of section 72(t)(11)(C) shall apply for purposes of this subsection.
‘‘(B) QUALIFIED DISTRIBUTION.—For purposes of this paragraph, the term ‘qualified distribution’ means any dis- tribution— ‘‘(i) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(i)(V), or 403(b)(11)(B), ‘‘(ii) which was to be used to purchase or construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and ‘‘(iii) which was received during the period begin- ning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period.
‘‘(C) DEFINITIONS.—For purposes of this paragraph— ‘‘(i) the terms ‘qualified disaster’, ‘qualified disaster area’, and ‘incident period’ have the meaning given such terms under section 72(t)(11), and ‘‘(ii) the term ‘applicable period’ has the meaning given such term under section 72(t)(8)(F).’’.
(3) EFFECTIVE DATE.—The amendments made by this sub- section shall apply to recontributions of withdrawals for home purchases with respect to disasters the incident period (as defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as added by this subsection) for which begins on or after the date which is 30 days after the date of the enact- ment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020.
(c) LOANS FROM QUALIFIED PLANS.— (1) IN GENERAL.—Subsection (p) of section 72 is amended by adding at the end the following new paragraph: ‘‘(6) INCREASE IN LIMIT ON LOANS NOT TREATED AS DISTRIBU- TIONS.— ‘‘(A) IN GENERAL.—In the case of any loan from a qualified employer plan to a qualified individual made during the applicable period— ‘‘(i) clause (i) of paragraph (2)(A) shall be applied by substituting ‘$100,000’ for ‘$50,000’, and ‘‘(ii) clause (ii) of such paragraph shall be applied by substituting ‘the present value of the nonforfeitable accrued benefit of the employee under the plan’ for ‘one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan’.
‘‘(B) DELAY OF REPAYMENT.—In the case of a qualified individual with respect to any qualified disaster with an outstanding loan from a qualified employer plan on or after the applicable date with respect to the qualified dis- aster— ‘‘(i) if the due date pursuant to subparagraph (B) or (C) of paragraph (2) for any repayment with respect to such loan occurs during the period beginning on H. R. 2617—908 the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the last day of such incident period, such due date may be delayed for 1 year, ‘‘(ii) any subsequent repayments with respect to any such loan may be appropriately adjusted to reflect the delay in the due date under clause (i) and any interest accruing during such delay, and ‘‘(iii) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of para- graph (2), the period described in clause (i) may be disregarded.
‘‘(C) DEFINITIONS.—For purposes of this paragraph— ‘‘(i) QUALIFIED INDIVIDUAL.—The term ‘qualified individual’ means any individual— ‘‘(I) whose principal place of abode at any time during the incident period of any qualified disaster is located in the qualified disaster area with respect to such qualified disaster, and ‘‘(II) who has sustained an economic loss by reason of such qualified disaster.
‘‘(ii) APPLICABLE PERIOD.—The applicable period with respect to any disaster is the period— ‘‘(I) beginning on the applicable date with respect to such disaster, and ‘‘(II) ending on the date that is 180 days after such applicable date.
‘‘(iii) OTHER TERMS.—For purposes of this para- graph— ‘‘(I) the terms ‘applicable date’, ‘qualified dis- aster’, ‘incident period’ have the meaning given such terms under subsection (t)(11), and ‘qualified disaster area’, and ‘‘(II) the term ‘applicable period’ has the meaning given such term under subsection (t)(8).’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to plan loans made with respect to disasters the incident period (as defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as added by this subsection) for which begins on or after the date which is 30 days after the date of the enactment of the Taxpayer Certainty and Dis- aster Tax Relief Act of 2020.
(d) GAO REPORT.—The Comptroller General of the United States shall submit a report to the Committees on Finance and Health, Education, Labor and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives on taxpayer utilization of the retirement disaster relief permitted by the amendments made by this section and or permitted by prior legislation, including a comparison of utilization by higher and lower income taxpayers and whether the $22,000 threshold on distributions provides adequate relief for taxpayers who suffer from a disaster.
H. R. 2617—909 SEC.

332.

EMPLOYERS ALLOWED TO REPLACE SIMPLE RETIREMENT ACCOUNTS WITH SAFE HARBOR 401(k) PLANS DURING A YEAR.
(a) IN GENERAL.—Section 408(p) is amended by adding at the end the following new paragraph: ‘‘(11) REPLACEMENT OF SIMPLE RETIREMENT ACCOUNTS WITH SAFE HARBOR PLANS DURING PLAN YEAR.— ‘‘(A) IN GENERAL.—Subject to the requirements of this paragraph, an employer may elect (in such form and manner as the Secretary may prescribe) at any time during a year to terminate the qualified salary reduction arrange- ment under paragraph (2), but only if the employer estab- lishes and maintains (as of the day after the termination date) a safe harbor plan to replace the terminated arrange- ment.
‘‘(B) COMBINED LIMITS ON CONTRIBUTIONS.—The termi- nated arrangement and safe harbor plan shall both be treated as violating the requirements of paragraph (2)(A)(ii) or section 401(a)(30) (whichever is applicable) if the aggre- gate elective contributions of the employee under the termi- nated arrangement during its last plan year and under the safe harbor plan during its transition year exceed the sum of— ‘‘(i) the applicable dollar amount for such arrange- ment (determined on a full-year basis) under this sub- section (after the application of section 414(v)) with respect to the employee for such last plan year multi- plied by a fraction equal to the number of days in such plan year divided by 365, and ‘‘(ii) the applicable dollar amount (as so deter- mined) under section 402(g)(1) for such safe harbor plan on such elective contributions during the transi- tion year multiplied by a fraction equal to the number of days in such transition year divided by 365.
‘‘(C) TRANSITION YEAR.—For purposes of this para- graph, the transition year is the period beginning after the termination date and ending on the last day of the calendar year during which the termination occurs.

‘‘(D) SAFE HARBOR PLAN.—For purposes of this para- graph, the term ‘safe harbor plan’ means a qualified cash or deferred arrangement which meets the requirements of paragraph (11), (12), (13), or (16) of section 401(k).’’.
(b) WAIVER OF 2-YEAR WITHDRAWAL LIMITATION IN CASE OF PLANS CONVERTING TO 401(k) OR 403(b).— (1) IN GENERAL.—Paragraph (6) of section 72(t) is amended— (A) by striking ‘‘ACCOUNTS.—In the case of’’ and inserting ‘‘ACCOUNTS.— ‘‘(A) IN GENERAL.—In the case of’’, and (B) by adding at the end the following new subpara- graph: ‘‘(B) WAIVER IN CASE OF PLAN CONVERSION TO 401(k) OR 403(b).—In the case of an employee of an employer which terminates the qualified salary reduction arrange- ment of the employer under section 408(p) and establishes a qualified cash or deferred arrangement described in sec- tion 401(k) or purchases annuity contracts described in H. R. 2617—910 section 403(b), subparagraph (A) shall not apply to any amount which is paid in a rollover contribution described in section 408(d)(3) into a qualified trust under section 401(k) (but only if such contribution is subsequently subject to the rules of section 401(k)(2)(B)) or an annuity contract described in section 403(b) (but only if such contribution is subsequently subject to the rules of section 403(b)(12)) for the benefit of the employee.’’.
(2) CONFORMING AMENDMENT.—Subparagraph (G) of sec- tion 408(d)(3) is amended by striking ‘‘72(t)(6)’’ and inserting ‘‘72(t)(6)(A)’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2023.

SEC.

333.

ELIMINATION OF ADDITIONAL TAX ON CORRECTIVE DIS- TRIBUTIONS OF EXCESS CONTRIBUTIONS.
(a) IN GENERAL.—Subparagraph (A) of section 72(t)(2) is amended— (1) by striking ‘‘or’’ at the end of clause (vii); (2) by striking the period at the end of clause (viii) and inserting ‘‘, or’’; and (3) by inserting after clause (viii) the following new clause: ‘‘(ix) attributable to withdrawal of net income attributable to a contribution which is distributed pursuant to section 408(d)(4).’’.
(b) EFFECTIVE DATE.—The amendments made by this section shall apply to any determination of, or affecting, liability for taxes, interest, or penalties which is made on or after the date of the enactment of this Act, without regard to whether the act (or failure to act) upon which the determination is based occurred before such date of enactment.
Notwithstanding the preceding sentence, nothing in the amendments made by this section shall be construed to create an inference with respect to the law in effect prior to the effective date of such amendments.

SEC.

334.

LONG-TERM CARE CONTRACTS PURCHASED WITH RETIRE- MENT PLAN DISTRIBUTIONS.
(a) IN GENERAL.—Section 401(a) is amended by inserting after paragraph (38) the following new paragraph: ‘‘(39) QUALIFIED LONG-TERM CARE DISTRIBUTIONS.— ‘‘(A) IN GENERAL.—A trust forming part of a defined contribution plan shall not be treated as failing to con- stitute a qualified trust under this section solely by reason of allowing qualified long-term care distributions.
‘‘(B) QUALIFIED LONG-TERM CARE DISTRIBUTION.—For purposes of this paragraph— ‘‘(i) IN GENERAL.—The term ‘qualified long-term care distribution’ means so much of the distributions made during the taxable year as does not exceed, in the aggregate, the least of the following: ‘‘(I) The amount paid by or assessed to the employee during the taxable year for or with respect to certified long-term care insurance for the employee or the employee’s spouse (or other family member of the employee as provided by the Secretary by regulation).
H. R. 2617—911 ‘‘(II) An amount equal to 10 percent of the present value of the nonforfeitable accrued benefit of the employee under the plan.

‘‘(III) $2,500.
‘‘(III) $2,500.

‘‘(ii) ADJUSTMENT FOR INFLATION.—In the case of taxable years beginning after December 31, 2024, the $2,500 amount in clause (i)(II) shall be increased by an amount equal to— ‘‘(I) such dollar amount, multiplied by ‘‘(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by sub- stituting ‘calendar year 2023’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
If any increase under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.
‘‘(C) CERTIFIED LONG-TERM CARE INSURANCE.—The term ‘certified long-term care insurance’ means— ‘‘(i) a qualified long-term care insurance contract (as defined in section 7702B(b)) covering qualified long- term care services (as defined in section 7702B(c)), ‘‘(ii) coverage of the risk that an insured individual would become a chronically ill individual (within the meaning of section 101(g)(4)(B)) under a rider or other provision of a life insurance contract which satisfies the requirements of section 101(g)(3) (determined with- out regard to subparagraph (D) thereof), or ‘‘(iii) coverage of qualified long-term care services (as so defined) under a rider or other provision of an insurance or annuity contract which is treated as a separate contract under section 7702B(e) and satis- fies the requirements of section 7702B(g), if such coverage provides meaningful financial assistance in the event the insured needs home-based or nursing home care.
For purposes of the preceding sentence, coverage shall not be deemed to provide meaningful financial assist- ance unless benefits are adjusted for inflation and con- sumer protections are provided, including protection in the event the coverage is terminated.

‘‘(D) DISTRIBUTIONS MUST OTHERWISE BE INCLUDIBLE.— Rules similar to the rules of section 402(l)(3) shall apply for purposes of this paragraph.
‘‘(E) LONG-TERM CARE PREMIUM STATEMENT.— ‘‘(i) IN GENERAL.—No distribution shall be treated as a qualified long-term care distribution unless a long- term care premium statement with respect to the employee has been filed with the plan.
‘‘(ii) LONG-TERM CARE PREMIUM STATEMENT.—For purposes of this paragraph, a long-term care premium statement is a statement provided by the issuer of long-term care coverage, upon request by the owner of such coverage, which includes— ‘‘(I) the name and taxpayer identification number of such issuer, ‘‘(II) a statement that the coverage is certified long-term care insurance, H. R. 2617—912 ‘‘(III) identification of the employee as the owner of such coverage, ‘‘(IV) identification of the individual covered and such individual’s relationship to the employee, ‘‘(V) the premiums owed for the coverage for the calendar year, and ‘‘(VI) such other information as the Secretary may require.
‘‘(iii) FILING WITH SECRETARY.—A long-term care premium statement will be accepted only if the issuer has completed a disclosure to the Secretary for the specific coverage product to which the statement relates.

Such disclosure shall identify the issuer, type of coverage, and such other information as the Sec- retary may require which is included in the filing of the product with the applicable State authority.’’.
(b) CONFORMING AMENDMENTS.— (1) Section 401(k)(2)(B)(i) is amended by striking ‘‘or’’ at the end of subclause (V), by adding ‘‘or’’ at the end of subclause (VI), and by adding at the end the following new subclause: ‘‘(VII) as provided in section 401(a)(39),’’.
(2) Section 403(a) is amended by adding at the end the following new paragraph: ‘‘(6) QUALIFIED LONG-TERM CARE DISTRIBUTIONS.—An annuity contract shall not fail to be subject to this subsection solely by reason of allowing distributions to which section 401(a)(39) applies.’’.
(3) Section 403(b)(7)(A)(i) is amended by striking ‘‘or’’ at the end of subclause (V), by striking ‘‘and’’ at the end of sub- clause (VI) and inserting ‘‘or’’ and by adding at the end the following new subclause: ‘‘(VII) as provided for distributions to which section 401(a)(39) applies, and’’.
(4) Section 403(b)(11) is amended by striking ‘‘or’’ at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ‘‘, or’’, and by inserting after subparagraph (D) the following new subparagraph: ‘‘(E) for distributions to which section 401(a)(39) applies.’’.
(5) Section 457(d)(1)(A) is amended by striking ‘‘or’’ at the end of clause (iii), by striking the comma at the end of clause (iv) and inserting ‘‘, or’’, and by adding at the end the following new clause: ‘‘(v) as provided in section 401(a)(39),’’.
(c) EXEMPTION FROM ADDITIONAL TAX ON EARLY DISTRIBU- TIONS.—Section 72(t)(2), as amended by this Act, is further amended by adding at the end the following new subparagraph: ‘‘(N) QUALIFIED LONG-TERM CARE DISTRIBUTIONS.— ‘‘(i) IN GENERAL.—Any qualified long-term care dis- tribution to which section 401(a)(39) applies.
‘‘(ii) EXCEPTION.—If, with respect to the plan, the individual covered by the long-term care coverage to which such distribution relates is the spouse of the employee, clause (i) shall apply only if the employee and the employee’s spouse file a joint return.
‘‘(iii) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE TO TRUSTEE TRANSFER AND WITHHOLDING RULES.—For H. R. 2617—913 purposes of sections 401(a)(31), 402(f), and 3405, any qualified long-term care distribution described in clause (i) shall not be treated as an eligible rollover distribution.’’.

(d) REPORTING.— (1) IN GENERAL.—Subpart B of part III of subchapter A of chapter 61 is amended by adding at the end the following new section: ‘‘SEC.

6050Z.

REPORTS RELATING TO LONG-TERM CARE PREMIUM STATEMENTS.
‘‘(a) REQUIREMENT OF REPORTING.—Any issuer of certified long- term care insurance (as defined in section 401(a)(39)(C)) who pro- vides a long-term care premium statement with respect to any purchaser pursuant to section 401(a)(39)(E) for a calendar year, shall make a return not later than February 1 of the succeeding calendar year, according to forms or regulations prescribed by the Secretary, setting forth with respect to each such purchaser— ‘‘(1) the name and taxpayer identification number of such issuer, ‘‘(2) a statement that the coverage is certified long-term care insurance as defined in section 401(a)(39)(C), ‘‘(3) the name of the owner of such coverage, ‘‘(4) identification of the individual covered and such individual’s relationship to the owner, ‘‘(5) the premiums paid for the coverage for the calendar year, and ‘‘(6) such other information as the Secretary may require.
‘‘(b) STATEMENT TO BE FURNISHED TO PERSONS WITH RESPECT TO WHOM INFORMATION IS REQUIRED.—Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing— ‘‘(1) the name, address, and phone number of the informa- tion contact of the issuer of the contract or coverage, and ‘‘(2) the aggregate amount of premiums and charges paid under the contract or coverage covering the insured individual during the calendar year.
The written statement required under the preceding sentence shall be furnished to the individual or individuals on or before January 31 of the year following the calendar year for which the return required under subsection (a) was required to be made.
‘‘(c) CONTRACTS OR COVERAGE COVERING MORE THAN ONE INSURED.—In the case of contracts or coverage covering more than one insured, the return and statement required by subsections (a) and (b) shall identify only the portion of the premium that is properly allocable to the insured in respect of whom the return or statement is made.
‘‘(d) STATEMENT TO BE FURNISHED ON REQUEST.—If any indi- vidual to whom a return is required to be furnished under sub- section (b) requests that such a return be furnished at any time before the close of the calendar year, the person required to make the return under subsection (b) shall comply with such request and shall furnish to the Secretary at such time a copy of the return so provided.’’.
(2) PENALTIES.—Section 6724(d) is amended— H. R. 2617—914 (A) in paragraph (1)(B), by adding ‘‘or’’ at the end of clause (xxvii) and by inserting after such clause the following new clause: ‘‘(xxviii) section 6050Z (relating to reports relating to long-term care premium statements), and’’, and (B) in paragraph (2)— (i) by redesignating subparagraph (JJ), relating to section 6050Y, as subparagraph (KK) and moving such subparagraph to the position immediately after subparagraph (JJ), relating to section 6226(a)(2), (ii) by striking ‘‘or’’ at the end of subparagraph (II), (iii) by striking the period at the end of subpara- graph (JJ), relating to section 6226(a)(2), and inserting a comma, (iv) by striking the period at the end of subpara- graph (KK), as so redesignated, and inserting ‘‘, or’’, and (v) by inserting after subparagraph (KK), as so redesignated, the following new subparagraph: ‘‘(LL) section 6050Z (relating to reports relating to long-term care premium statements).’’.
(3) CLERICAL AMENDMENT.—The table of sections for sub- part B of part III of subchapter A of chapter 61 is amended by adding after the item relating to section 6050Y the following new item: ‘‘Sec.

6050Z.

Reports relating to long-term care premium statements.’’.

(e) EFFECTIVE DATE.—The amendments made by this section shall apply to distributions made after the date which is 3 years after the date of the enactment of this Act.
(f) DISCLOSURE TO TREASURY OF LONG-TERM CARE INSURANCE PRODUCTS.—The Secretary of the Treasury (or the Secretary’s dele- gate) shall issue such forms and guidance as are necessary to collect the filing required by section 401(a)(39)(E)(iii) of the Internal Revenue Code of 1986, as added by this section.

SEC.

335. CORRECTIONS OF MORTALITY TABLES.


(a) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s delegate) shall amend the regulation relating to ‘‘Mortality Tables for Determining Present Value Under Defined Benefit Pension Plans’’ (82 Fed.

Reg.

46388 (October 5, 2017)).


Under such amendment, for valuation dates occurring during or after 2024, such mortality improvement rates shall not assume for years beyond the valuation date future mortality improvements at any age which are greater than .78 percent.
The Secretary of the Treasury (or delegate) shall by regulation modify the .78 percent figure in the preceding sentence as necessary to reflect material changes in the overall rate of improvement projected by the Social Security Administration.
(b) EFFECTIVE DATE.—The amendments required under sub- section (a) shall be deemed to have been made as of the date of the enactment of this Act, and as of such date all applicable laws shall be applied in all respects as though the actions which the Secretary of the Treasury (or the Secretary’s delegate) is required to take under such subsection had been taken.

H. R. 2617—915 SEC.

336.

REPORT TO CONGRESS ON SECTION 402(f) NOTICES.


Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Committees on Finance and Health, Edu- cation, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives on the notices provided by retirement plan adminis- trators to plan participants under section 402(f) of the Internal Revenue Code of 1986.
The report shall analyze the effectiveness of such notices and make recommendations, as warranted by the findings, to facilitate better understanding by recipients of different distribution options and corresponding tax consequences, including spousal rights.

SEC.

337.

MODIFICATION OF REQUIRED MINIMUM DISTRIBUTION RULES FOR SPECIAL NEEDS TRUSTS.

(a) IN GENERAL.—Section 401(a)(9)(H)(iv)(II) is amended by striking ‘‘no individual’’ and inserting ‘‘no beneficiary’’.
(b) CONFORMING AMENDMENT.—Section 401(a)(9)(H)(v) is amended by adding at the end the following flush sentence: ‘‘For purposes of the preceding sentence, in the case of a trust the terms of which are described in clause (iv)(II), any beneficiary which is an organization described in section 408(d)(8)(B)(i) shall be treated as a designated beneficiary described in subclause (II).’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to calendar years beginning after the date of the enact- ment of this Act.

SEC.

338.

REQUIREMENT TO PROVIDE PAPER STATEMENTS IN CER- TAIN CASES.

(a) IN GENERAL.—Section 105(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1025(a)(2)) is amended— ‘‘subject to (1) in subparagraph (A)(iv), by inserting subparagraph (E),’’ before ‘‘may be delivered’’; and (2) by adding at the end the following: ‘‘(E) PROVISION OF PAPER STATEMENTS.—With respect to at least 1 pension benefit statement furnished for a calendar year with respect to an individual account plan under paragraph (1)(A), and with respect to at least 1 pension benefit statement furnished every 3 calendar years with respect to a defined benefit plan under paragraph (1)(B), such statement shall be furnished on paper in writ- ten form except— ‘‘(i) in the case of a plan that furnishes such state- ment in accordance with section 2520.104b-1(c) of title 29, Code of Federal Regulations; or ‘‘(ii) in the case of a plan that permits a participant or beneficiary to request that the statements referred to in the matter preceding clause (i) be furnished by electronic delivery, if the participant or beneficiary requests that such statements be delivered electroni- cally and the statements are so delivered.’’.
(b) IMPLEMENTATION.— (1) IN GENERAL.—The Secretary of Labor shall, not later than December 31, 2024, update section 2520.104b-1(c) of title 29, Code of Federal Regulations, to provide that a plan may H. R. 2617—916 furnish the statements referred to in subparagraph (E) of sec- tion 105(a)(2) of the Employee Retirement Income Security Act of 1974 by electronic delivery only if, with respect to partici- pants who first become eligible to participate, and beneficiaries who first become eligible for benefits, after December 31, 2025, in addition to meeting the other requirements under the regula- tions such plan furnishes each participant or beneficiary a one-time initial notice on paper in written form, prior to the electronic delivery of any pension benefit statement, of their right to request that all documents required to be disclosed under title I of the Employee Retirement Income Security Act of 1974 be furnished on paper in written form.
(2) OTHER GUIDANCE.—In implementing the amendment made by subsection (a) with respect to a plan that discloses required documents or statements electronically, in accordance with applicable guidance governing electronic disclosure by the Department of Labor (with the exception of section 2520.104b- 1(c) of title 29, Code of Federal Regulations), the Secretary of Labor shall, not later than December 31, 2024, update such guidance to the extent necessary to ensure that— (A) a participant or beneficiary under such a plan is permitted the opportunity to request that any disclosure required to be delivered on paper under applicable guidance by the Department of Labor shall be furnished by electronic delivery; (B) each paper statement furnished under such a plan pursuant to the amendment shall include— (i) an explanation of how to request that all such statements, and any other document required to be disclosed under title I of the Employee Retirement Income Security Act of 1974, be furnished by electronic delivery; and (ii) contact information for the plan sponsor, including a telephone number; (C) the plan may not charge any fee to a participant or beneficiary for the delivery of any paper statements; (D) each document required to be disclosed that is furnished by electronic delivery under such a plan shall include an explanation of how to request that all such documents be furnished on paper in written form; and (E) a plan is permitted to furnish a duplicate electronic statement in any case in which the plan furnishes a paper pension benefit statement.
(c) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to plan years beginning after December 31, 2025.

SEC.

339.

RECOGNITION OF TRIBAL GOVERNMENT DOMESTIC RELA- TIONS ORDERS.

(a) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.— (1) IN GENERAL.—Clause (ii) of section 414(p)(1)(B) is amended by inserting ‘‘or Tribal’’ after ‘‘State’’.
(2) CONFORMING AMENDMENT.—Subparagraph (B) of section 414(p)(1) is amended by adding at the end the following flush sentence: ‘‘For purposes of clause (ii), the term ‘Tribal’ with respect to a domestic relations law means such a law which is H. R. 2617—917 issued by or under the laws of an Indian tribal government, a subdivision of such an Indian tribal government, or an agency or instrumentality of either.’’.
(b) AMENDMENT OF EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.— (1) IN GENERAL.—Section 206(d)(3)(B)(ii)(II) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1056(d)(3)(B)(ii)(II)) is amended by inserting ‘‘or Tribal’’ after ‘‘State’’.
(2) CONFORMING AMENDMENT.—Section 206(d)(3)(B) of such Act is amended by adding at the end the following flush sen- tence: ‘‘For purposes of clause (ii)(II), the term ‘Tribal’ with respect to a domestic relations law means such a law which is issued by or under the laws of an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of such an Indian tribal govern- ment, or an agency or instrumentality of either.’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to domestic relations orders received by plan administra- tors after December 31, 2022, including any such order which is submitted for reconsideration after such date.

SEC.

340.

DEFINED CONTRIBUTION PLAN FEE DISCLOSURE IMPROVE- MENTS.
Not later than 3 years after the date of enactment of this Act, the Secretary of Labor shall— (1) review section 2550.404a–5 of title 29, Code of Federal Regulations (relating to fiduciary requirements for disclosure in participant-directed individual account plans); (2) explore, through a public request for information or otherwise, how the contents and design of the disclosures described in such section may be improved to enhance partici- pants’ understanding of fees and expenses related to a defined contribution plan (as defined in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002)) as well as the cumulative effect of such fees and expenses on retirement savings over time; and (3) report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives on the findings of the exploration described in paragraph (2), including bene- ficial education for consumers on financial literacy concepts as related to retirement plan fees and recommendations for legislative changes needed to address such findings.
SEC.

341.

CONSOLIDATION OF DEFINED CONTRIBUTION PLAN NOTICES.

Not later than 2 years after the date of enactment of this Act, the Secretary of Labor and the Secretary of the Treasury (or such Secretaries’ delegates) shall adopt regulations providing that a plan (as defined in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002)) may, but is not required to, consolidate 2 or more of the notices required under sections 404(c)(5)(B) and 514(e)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1104(c)(5)(B) and 29 U.S.C.
1144(e)(3)) and sections 401(k)(12)(D), 401(k)(13)(E), and 414(w)(4) H. R. 2617—918 of the Internal Revenue Code of 1986 into a single notice so long as the combined notice— (1) includes the required content; (2) clearly identifies the issues addressed therein; (3) is furnished at the time and with the frequency required for each such notice; and (4) is presented in a manner that is reasonably calculated to be understood by the average plan participant and that does not obscure or fail to highlight the primary information required for each notice.
This section shall not be interpreted as preventing the consolidation of any other notices required under the Employee Retirement Income Security Act of 1974, or Internal Revenue Code of 1986, to the extent otherwise permitted by the Secretary of Labor or the Secretary of the Treasury (or either such Secretary’s delegate), as applicable.

SEC.

342.

INFORMATION NEEDED FOR FINANCIAL OPTIONS RISK MITI- GATION.
(a) IN GENERAL.—Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1021 et seq.

), as amended by the preceding provisions of this title, is amended by adding at the end the following: ‘‘SEC.

113.

NOTICE AND DISCLOSURE REQUIREMENTS WITH RESPECT TO LUMP SUMS.
‘‘(a) IN GENERAL.—A plan administrator of a pension plan that amends the plan to provide a period of time during which a partici- pant or beneficiary may elect to receive a lump sum, instead of future monthly payments, shall furnish notice— ‘‘(1) to each participant or beneficiary offered such lump sum amount, in the manner in which the participant and beneficiary receives the lump sum offer from the plan sponsor, not later than 90 days prior to the first day on which the participant or beneficiary may make an election with respect to such lump sum; and ‘‘(2) to the Secretary and the Pension Benefit Guaranty Corporation, not later than 30 days prior to the first day on which participants and beneficiaries may make an election with respect to such lump sum.
‘‘(b) NOTICE TO PARTICIPANTS AND BENEFICIARIES.— ‘‘(1) CONTENT.—The notice required under subsection (a)(1) shall include the following: ‘‘(A) Available benefit options, including the estimated monthly benefit that the participant or beneficiary would receive at normal retirement age, whether there is a sub- sidized early retirement option or qualified joint and sur- vivor annuity that is fully subsidized (in accordance with section 417(a)(5) of the Internal Revenue Code of 1986, the monthly benefit amount if payments begin immediately, and the lump sum amount available if the participant or beneficiary takes the option.
‘‘(B) An explanation of how the lump sum was cal- culated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies.
‘‘(C) In a manner consistent with the manner in which a written explanation is required to be given under H. R. 2617—919 417(a)(3) of the Internal Revenue Code of 1986, the relative value of the lump sum option for a terminated vested participant compared to the value of— ‘‘(i) the single life annuity, (or other standard form of benefit); and ‘‘(ii) the qualified joint and survivor annuity (as defined in section 205(d)(1)); ‘‘(D) A statement that— ‘‘(i) a commercial annuity comparable to the annuity available from the plan may cost more than the amount of the lump sum amount, and ‘‘(ii) it may be advisable to consult an advisor regarding this point if the participant or beneficiary is considering purchasing a commercial annuity.
‘‘(E) The potential ramifications of accepting the lump sum, including longevity risks, loss of protections guaran- teed by the Pension Benefit Guaranty Corporation (with an explanation of the monthly benefit amount that would be protected by the Pension Benefit Guaranty Corporation if the plan is terminated with insufficient assets to pay benefits), loss of protection from creditors, loss of spousal protections, and other protections under this Act that would be lost.
‘‘(F) General tax rules related to accepting a lump sum, including rollover options and early distribution pen- alties with a disclaimer that the plan does not provide tax, legal, or accounting advice, and a suggestion that participants and beneficiaries consult with their own tax, legal, and accounting advisors before determining whether to accept the offer.

‘‘(G) How to accept or reject the offer, the deadline for response, and whether a spouse is required to consent to the election.
‘‘(H) Contact information for the point of contact at the plan administrator for participants and beneficiaries to get more information or ask questions about the options.

‘‘(2) PLAIN LANGUAGE.—The notice under this subsection shall be written in a manner calculated to be understood by the average plan participant.
‘‘(3) MODEL NOTICE.—The Secretary shall issue a model notice for purposes of the notice under subsection (a)(1), including for information required under subparagraphs (C) through (F) of paragraph (1).

‘‘(c) NOTICE TO THE SECRETARY AND PENSION BENEFIT GUAR- ANTY CORPORATION.—The notice required under subsection (a)(2) shall include the following: ‘‘(1) The total number of participants and beneficiaries eligible for such lump sum option.
‘‘(2) The length of the limited period during which the lump sum is offered.

‘‘(3) An explanation of how the lump sum was calculated, including the interest rate, mortality assumptions, and whether any additional plan benefits were included in the lump sum, such as early retirement subsidies.

‘‘(4) A sample of the notice provided to participants and beneficiaries under subsection (a)(1), if otherwise required.
H. R. 2617—920 ‘‘(d) POST-OFFER REPORT TO THE SECRETARY AND PENSION BEN- EFIT GUARANTY CORPORATION.—Not later than 90 days after the conclusion of the limited period during which participants and beneficiaries in a plan may accept a plan’s offer of a lump sum, a plan sponsor shall submit a report to the Secretary and the Director of the Pension Benefit Guaranty Corporation that includes the number of participants and beneficiaries who accepted the lump sum offer and such other information as the Secretary may require.
‘‘(e) PUBLIC AVAILABILITY.—The Secretary shall make the information provided in the notice to the Secretary required under subsection (a)(2) and in the post-offer reports submitted under subsection (d) publicly available in a form that protects the confiden- tiality of the information provided.
‘‘(f) BIENNIAL REPORT.—Not later than the last day of the second calendar year after the calendar year including the applica- bility date of the final rules under section 342(e) of the SECURE 2.0 Act of 2022, and every 2 years thereafter, so long as the Secretary has received notices and post-offer reports under sub- sections (c) and (d) of this section, the Secretary shall submit to Congress a report that summarizes such notices and post-offer reports during the applicable reporting period.
The applicable reporting period begins on the first day of the second calendar year preceding the calendar year that the report is submitted to Congress and ends on the last day of the calendar year preceding the calendar year the report is due.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section 1 of the Employee Retirement Income Security Act of 1974, as amended by the proceeding provisions of this title, is further amended by inserting after the item relating to section 112 the following new item: Sec.

113.

Notice and disclosure requirements with respect to lump sum windows.

(c) ENFORCEMENT.—Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1132) is amended— (1) in subsection (c)(1), by striking ‘‘or section 105(a)’’ and inserting ‘‘, section 105(a), or section 113(a)’’; and (2) in subsection (a)(4), by striking ‘‘105(c)’’ and inserting ‘‘section 105(c) or 113(a)’’.

(d) APPLICATION.—The requirements of section 113 of the Employee Retirement Income Security Act of 1974, as added by subsection (b), shall apply beginning on the applicable effective date specified in the final regulations promulgated pursuant to subsection (e).
(e) REGULATORY AUTHORITY.—Not earlier than 1 year after the date of enactment of this Act, the Secretary of Labor, in con- sultation with the Secretary of the Treasury, shall issue regulations to implement section 113 of the Employee Retirement Income Secu- rity Act of 1974, as added by subsection (a).

Such regulations shall be applicable not earlier than the issuance of a final rule and not later than 1 year after issuance of a final rule.

SEC.

343.

DEFINED BENEFIT ANNUAL FUNDING NOTICES.


(a) IN GENERAL.—Section 101(f)(2)(B) of the Employee Retire- ment Income Security Act of 1974 (29 U.S.C.
1021(f)(2)(B)) is amended— (1) in clause (i)(I), by striking ‘‘funding target attainment percentage (as defined in section 303(d)(2))’’ and inserting H. R. 2617—921 ‘‘percentage of plan liabilities funded (as described in clause (ii)(I)(bb))’’; (2) in clause (ii)(I)— (A) by striking ‘‘, a statement of’’; (B) by striking item (aa); (C) by redesignating item (bb) as item (aa); (D) in item (aa), as so redesignated— (i) by inserting ‘‘a statement of’’ before ‘‘the value’’, (ii) by inserting ‘‘, and for the preceding 2 plan years as of the last day of each such plan year,’’ before ‘‘determined using’’, (iii) by striking ‘‘and’’ at the end; and (E) by adding at the end the following: ‘‘(bb) for purposes of the statement in subparagraph (B)(i)(I), the percentage of plan liabilities funded, calculated as the ratio between the value of the plan’s assets and liabilities, as determined under item (aa), for the plan year to which the notice relates and for the 2 preceding plan years, and ‘‘(cc) if the information in (aa) and (bb) is presented in tabular form, a statement that describes that in the event of a plan termi- nation the corporation’s calculation of plan liabilities may be greater and that references the section of the notice with the information required under clause (x), and’’; (3) in clause (ii)(II), by striking ‘‘subclause (I)(bb)’’ and inserting ‘‘subclause (I)(aa)’’, (4) in clause (iii), in the matter preceding subclause (I), by inserting ‘‘for the plan year to which the notice relates as of the last day of
 such plan year and the preceding 2 plan years, in tabular format,’’ after ‘‘participants’’; (5) in clause (iv)— (A) by striking ‘‘plan and the asset’’ and inserting ‘‘plan, the asset’’; and (B) by inserting ‘‘, and the average return on assets for the plan year,’’ after ‘‘assets)’’; (6) by redesignating clauses (ix) through (xi) as clause (x) through (xii), respectively; (7) by inserting after clause (viii) the following: ‘‘(ix) in the case of a single-employer plan, a state- ment as to whether the plan’s
 funded status, based on the plan’s liabilities described under subclause (II) for the plan year to which the notice relates, and for the 2 preceding plan years, is at least 100 percent (and, if not, the actual percentages), that includes— ‘‘(I) the plan’s assets, as of the last day of the plan year and for the 2 preceding plan years, as determined under clause (ii)(I)(aa), ‘‘(II) the plan’s liabilities, as of the last day of the plan year and for the 2 preceding plan years, as determined under clause (ii)(1)(aa), and ‘‘(III) the funded status of the plan, determined as the ratio of the plan’s assets and liabilities calculated under subclauses (I) and (II), for the H. R. 2617—922 plan year to which the notice relates, and for the 2 preceding plan years,’’; and (8) in clause (x), as so redesignated, by striking the comma at the end and inserting the following: ‘‘and a statement that, in the case of a single-employer plan— ‘‘(I) if plan assets are determined to be suffi- cient to pay vested benefits that are not guaran- teed by the Pension Benefit Guaranty Corporation, participants and beneficiaries may receive benefits in excess of the guaranteed amount, and ‘‘(II) such a determination generally uses assumptions that result in a plan having a lower funded status as compared to the plan’s funded status disclosed in this notice.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to plan years beginning after December 31, 2023.

SEC.

344.

REPORT ON POOLED EMPLOYER PLANS.

The Secretary of Labor shall— (1) conduct a study on the pooled employer plan (as such term is defined in section 3(43) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(43))) industry, including on— (A) the legal name and number of pooled employer plans; (B) the number of participants in such plans; (C) the range of investment options provided in such plans; (D) the fees assessed in such plans; (E) the manner in which employers select and monitor such plans; (F) the disclosures provided to participants in such plans; (G) the number and nature of any enforcement actions by the Secretary of Labor on such plans; (H) the extent to which such plans have increased retirement savings coverage in the United States; and (I) any additional information as the Secretary deter- mines is necessary; and (2) not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, submit to Congress and make available on a publicly accessible website of the Department of Labor, a report on the findings of the study under paragraph (1), including recommendations on how pooled employer plans can be improved, through legislation, to serve and protect retirement plan participants.
SEC.

345.

ANNUAL AUDITS FOR GROUP OF PLANS.

(a) IN GENERAL.—Section 202(a) of the Setting Every Commu- nity Up for Retirement Enhancement Act of 2019 (Public Law 116–94; 26 U.S.C.
6058 note) is amended— (1) by striking ‘‘so that all members’’ and inserting the following: ‘‘so that— ‘‘(1) all members’’; (2) by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following: H. R. 2617—923 ‘‘(2) any opinions required by section 103(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1023(a)(3)) shall relate only to each individual plan which would otherwise be subject to the requirements of such section 103(a)(3).’’.
(b) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC.

346.

WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.

(a) DEFINITIONS.—In this section: (1) EXISTING PROGRAM.—The term ‘‘existing program’’ means a program, designed to promote employee ownership, that exists on the date on which the Secretary is carrying out a responsibility authorized under this section.
(2) INITIATIVE.—The term ‘‘Initiative’’ means the Employee Ownership Initiative established under subsection (b).

(3) NEW PROGRAM.—The term ‘‘new program’’ means a pro- gram, designed to promote employee ownership, that does not exist on the date on which the Secretary is carrying out a responsibility authorized under this section.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Labor.
(5) STATE.—The term ‘‘State’’ has the meaning given the term under section 3 of the Workforce Innovation and Oppor- tunity Act (29 U.S.C.

3102).

(b) EMPLOYEE OWNERSHIP INITIATIVE.— (1) ESTABLISHMENT.—The Secretary shall establish within the Department of Labor an Employee Ownership Initiative to promote employee ownership.
(2) FUNCTIONS.—In carrying out the Initiative, the Sec- retary shall— (A) support within the States existing programs designed to promote employee ownership; and (B) facilitate within the States the formation of new programs designed to promote employee ownership.
(3) DUTIES.—To carry out the functions enumerated in paragraph (2), the Secretary shall support new programs and existing programs by— (A) making Federal grants authorized under subsection (d); and (B)(i) acting as a clearinghouse on techniques employed by new programs and existing programs within the States, and disseminating information relating to those techniques to the programs; or (ii) funding projects for information gathering on those techniques, and dissemination of that information to the programs, by groups outside the Department of Labor.
(4) CONSULTATION WITH TREASURY.—The Secretary shall consult with the Secretary of the Treasury, or the Secretary’s delegate, in the case of any employee ownership arrangements or structures the administration and enforcement of which are within the jurisdiction of the Department of the Treasury.
(c) PROGRAMS REGARDING EMPLOYEE OWNERSHIP.— (1) ESTABLISHMENT OF PROGRAM.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to encourage new programs and existing H. R. 2617—924 programs within the States to foster employee ownership throughout the United States.
(2) PURPOSE OF PROGRAM.—The purpose of the program established under paragraph (1) is to encourage new and existing programs within the States that focus on— (A) providing education and outreach to inform employees and employers about the possibilities and bene- fits of employee ownership and business ownership succes- sion planning, including providing information about finan- cial education, employee teams, open-book management, and other tools that enable employees to share ideas and information about how their businesses can succeed; (B) providing technical assistance to assist employee efforts to become business owners, to enable employers and employees to explore and assess the feasibility of transferring full or partial ownership to employees, and to encourage employees and employers to start new employee-owned businesses; (C) training employees and employers with respect to methods of employee participation in open-book manage- ment, work teams, committees, and other approaches for seeking greater employee input; and (D) training other entities to apply for funding under this subsection, to establish new programs, and to carry out program activities.
(3) PROGRAM DETAILS.—The Secretary may include, in the program established under paragraph (1), provisions that— (A) in the case of activities described in paragraph (2)(A)— (i) target key groups, such as retiring business owners, senior managers, labor organizations, trade associations, community organizations, and economic development organizations; (ii) encourage cooperation in the organization of workshops and conferences; and (iii) prepare and distribute materials concerning employee ownership, and business ownership succes- sion planning; (B) in the case of activities described in paragraph (2)(B)— (i) provide preliminary technical assistance to employee groups, managers, and retiring owners exploring the possibility of employee ownership; (ii) provide for the performance of preliminary fea- sibility assessments; (iii) assist in the funding of objective third-party feasibility studies and preliminary business valuations, and in selecting and monitoring professionals qualified to conduct such studies; and (iv) provide a data bank to help employees find legal, financial, and technical advice in connection with business ownership; (C) in the case of activities described in paragraph (2)(C)— (i) provide for courses on employee participation; and H. R. 2617—925 (ii) provide for the development and fostering of networks of employee-owned companies to spread the use of successful participation techniques; and (D) in the case of training described in paragraph (2)(D)— (i) provide for visits to existing programs by staff from new programs receiving funding under this sec- tion; and (ii) provide materials to be used for such training.
(4) GUIDANCE.—The Secretary shall issue formal guidance, for— (A) recipients of grants awarded under subsection (d) and one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102)) affiliated with the workforce development systems (as so defined) of the States, proposing that programs and other activities funded under this section be— (i) proactive in encouraging actions and activities that promote employee ownership of businesses; and (ii) comprehensive in emphasizing both employee ownership of businesses so as to increase productivity and broaden capital ownership; and (B) acceptable standards and procedures to establish good faith fair market value for shares of a business to be acquired by an employee stock ownership plan (as defined in section 407(d)(6) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1107(d)(6))).

The guidance under subparagraph (B) shall be prescribed in consultation with the Secretary of the Treasury.

(d) GRANTS.— (1) IN GENERAL.—In carrying out the program established under subsection (c), the Secretary may make grants for use in connection with new programs and existing programs within a State for any of the following activities: (A) Education and outreach as provided in subsection (c)(2)(A).

(B) Technical assistance as provided in subsection (c)(2)(B).
(C) Training activities for employees and employers as provided in subsection (c)(2)(C).

(D) Activities facilitating cooperation among employee- owned firms.

(E) Training as provided in subsection (c)(2)(D) for new programs provided by participants in existing pro- grams dedicated to the objectives of this section, except that, for each fiscal year, the amount of the grants made for such training shall not exceed 10 percent of the total amount of the grants made under this section.
(2) AMOUNTS AND CONDITIONS.—The Secretary shall deter- mine the amount and any conditions for a grant made under this subsection.

The amount of the grant shall be subject to paragraph (6), and shall reflect the capacity of the applicant for the grant.

(3) APPLICATIONS.—Each entity desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
H. R. 2617—926 (4) STATE APPLICATIONS.—Each State may sponsor and submit an application under paragraph (3) on behalf of any local entity consisting of a unit of State or local government, State-supported institution of higher education, or nonprofit organization, meeting the requirements of this section.
(5) APPLICATIONS BY ENTITIES.— (A) ENTITY APPLICATIONS.—If a State fails to support or establish a program pursuant to this section during any fiscal year, the Secretary shall, in the subsequent fiscal years, allow local entities described in paragraph (4) from that State to make applications for grants under paragraph (3) on their own initiative.
(B) APPLICATION SCREENING.—Any State failing to sup- port or establish a program pursuant to this section during any fiscal year may submit applications under paragraph (3) in the subsequent fiscal years but may not screen applications by local entities described in paragraph (4) before submitting the applications to the Secretary.
(6) LIMITATIONS.—A recipient of a grant made under this subsection shall not receive, during a fiscal year, in the aggre- gate, more than the following amounts: (A) For fiscal year 2025, $300,000.

(B) For fiscal year 2026, $330,000.

(C) For fiscal year 2027, $363,000.

(D) For fiscal year 2028, $399,300.

(E) For fiscal year 2029, $439,200.


(7) ANNUAL REPORT.—For each year, each recipient of a grant under this subsection shall submit to the Secretary a report describing how grant funds allocated pursuant to this subsection were expended during the 12-month period pre- ceding the date of the submission of the report.
(e) EVALUATIONS.—The Secretary is authorized to reserve not more than 10 percent of the funds appropriated for a fiscal year to carry out this section, for the purposes of conducting evaluations of the grant programs identified in subsection (d) and to provide related technical assistance.
(f) REPORTING.—Not later than the expiration of the 36-month period following the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report— (1) on progress related to employee ownership in businesses in the United States; and (2) containing an analysis of critical costs and benefits of activities carried out under this section.
(g) AUTHORIZATIONS OF APPROPRIATIONS.— (1) IN GENERAL.—There are authorized to be appropriated for the purpose of making grants pursuant to subsection (d) the following: (A) For fiscal year 2025, $4,000,000.

(B) For fiscal year 2026, $7,000,000.

(C) For fiscal year 2027, $10,000,000.

(D) For fiscal year 2028, $13,000,000.

(E) For fiscal year 2029, $16,000,000.


(2) ADMINISTRATIVE EXPENSES.—There are authorized to be appropriated for the purpose of funding the administrative expenses related to the Initiative— (A) for fiscal year 2024, $200,000, and H. R. 2617—927 (B) for each of fiscal years 2025 through 2029, an amount not in excess of the lesser of— (i) $350,000; or (ii) 5.0 percent of the maximum amount available under paragraph (1) for that fiscal year.

SEC.

347.
SEC.

347.

REPORT BY THE SECRETARY OF LABOR ON THE IMPACT OF INFLATION ON RETIREMENT SAVINGS.

The Secretary of Labor, in consultation with the Secretary of the Treasury, shall— (1) conduct a study on the impact of inflation on retirement savings; and (2) not later than 90 days after the date of enactment of this Act, submit to Congress a report on the findings of the study.

SEC.

348.

CASH BALANCE.
(a) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.—Section 411(b) is amended by adding at the end the following new para- graph: ‘‘(6) PROJECTED INTEREST CREDITING RATE.—For purposes of subparagraphs (A), (B), and (C) of paragraph (1), in the case of an applicable defined benefit plan (as defined in sub- section (a)(13)(C)) which provides variable interest crediting rates, the interest crediting rate which is treated as in effect and as the projected interest crediting rate shall be a reasonable projection of such variable interest crediting rate, not to exceed 6 percent.’’.
(b) AMENDMENT OF EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 204(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1060(b)) is amended by adding at the end the following new paragraph: ‘‘(6) PROJECTED INTEREST CREDITING RATE.—For purposes of subparagraphs (A), (B), and (C) of paragraph (1), in the case of an applicable defined benefit plan (within the meaning of section 203(f)(3)) which provides variable interest crediting rates, the interest crediting rate which is treated as in effect and as the projected interest crediting rate shall be a reasonable projection of such variable interest crediting rate, not to exceed 6 percent.’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act.

SEC.

349.

TERMINATION OF VARIABLE RATE PREMIUM INDEXING.

(a) IN GENERAL.—Paragraph (8) of 4006(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)) is amended by— (1) in subparagraph (A)— (A) in clause (vi), by striking ‘‘and’’; (B) in clause (vii), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(viii) for plan years beginning after calendar year 2023, $52.’’; (2) in subparagraph (B), in the matter preceding clause (i), by inserting ‘‘and before 2024’’ after ‘‘2012’’ ; and H. R. 2617—928 (3) in subparagraph (D)(vii), by inserting ‘‘and before 2024’’ after ‘‘2019’’.
(b) TECHNICAL AMENDMENT.—Clause (i) of section 4006(a)(3)(E) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1306(a)(3)(E)) is amended by striking ‘‘subparagraph (H)’’ and inserting ‘‘subparagraph (I)’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC.

350.

SAFE HARBOR FOR CORRECTIONS OF EMPLOYEE ELECTIVE DEFERRAL FAILURES.
(a) IN GENERAL.—Section 414, as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: ‘‘(cc) CORRECTING AUTOMATIC CONTRIBUTION ERRORS.— ‘‘(1) IN GENERAL.—Any plan or arrangement shall not fail to be treated as a plan described in sections 401(a), 403(b), 408, or 457(b), as applicable, solely by reason of a corrected error.
‘‘(2) CORRECTED ERROR DEFINED.—For purposes of this sub- section, the term ‘corrected error’ means a reasonable adminis- trative error— ‘‘(A)(i) made in implementing an automatic enrollment or automatic escalation feature with respect to an eligible employee (or an affirmative election made by an eligible employee covered by such feature), or ‘‘(ii) made by failing to afford an eligible employee the opportunity to make an affirmative election because such employee was improperly excluded from the plan], and ‘‘(B) that is corrected prospectively by implementing an automatic enrollment or automatic escalation feature with respect to an eligible employee (or an affirmative election made by an eligible employee) determined in accordance with the terms of an eligible automatic contribu- tion arrangement (as defined under subsection (w)(3)), pro- vided that— ‘‘(i) such implementation error is corrected not later than— ‘‘(I) the date of the first payment of compensa- tion made by the employer to the employee on or after the last day of the 91⁄2 month-period after the end of the plan year during which such error with respect to the employee first occurred, or ‘‘(II) if earlier in the case of an employee who notifies the plan sponsor of such error, the date of the first payment of compensation made by the employer to the employee on or after the last day of the month following the month in which such notification was made, ‘‘(ii) in the case of an employee who would have been entitled to additional matching contributions had any missed elective deferral been made, the plan sponsor makes a corrective allocation, not later than the deadline specified by the Secretary in regulations or other guidance prescribed under paragraph (3), of matching contributions on behalf of the employee in H. R. 2617—929 an amount equal to the additional matching contribu- tions to which the employee would have been so enti- tled (adjusted to account for earnings had the missed elective deferrals been made).
‘‘(iii) such implementation error is of a type which is so corrected for all similarly situated participants in a nondiscriminatory manner, ‘‘(iv) notice of such error is given to the employee not later than 45 days after the date on which correct deferrals begin, and ‘‘(v) the notice under clause (iv) satisfies such regu- lations or other guidance as the Secretary prescribes under paragraph (4).
Such correction may occur before or after the participant has terminated employment and may occur without regard to whether the error is identified by the Secretary.
‘‘(3) NO OBLIGATION FOR EMPLOYER TO RESTORE MISSED ELECTIVE DEFERRALS.—If the requirements of paragraph (2)(B) are satisfied, the employer will not be required to provide eligible employees with the missed amount of elective deferrals resulting from a reasonable administrative error described in paragraph (2)(A)(i) or (ii) through a qualified nonelective con- tribution, or otherwise.
‘‘(4) REGULATIONS AND GUIDANCE FOR FAVORABLE CORREC- TION METHODS.—The Secretary shall by regulations or other guidance of general applicability prescribe— ‘‘(A) the deadline for making a corrective allocation of matching contributions required by paragraph (2)(B)(ii), ‘‘(B) the content of the notice required by paragraph (2)(B)(iv), ‘‘(C) the manner in which the amount of the corrective allocation under paragraph (2)(B)(ii) is determined, ‘‘(D) the manner of adjustment to account for earnings on matching contributions under paragraph (2)(B)(ii), and ‘‘(E) such other rules as are necessary to carry out the purposes of the subsection.’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall apply with respect to any errors with respect to which the date referred to in section 414(cc) (as added by this section) is after December 31, 2023.

Prior to the application of any regulations or other guidance prescribed under paragraph (3) of section 414(cc) of the Internal Revenue Code of 1986 (as added by this section), taxpayers may rely upon their reasonable good faith interpretations of the provisions of such section.
TITLE IV—TECHNICAL AMENDMENTS SEC.

401.

AMENDMENTS RELATING TO SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT ACT OF 2019.

(a) TECHNICAL AMENDMENTS.— (1) AMENDMENTS RELATING TO SECTION 103.—Section 401(m)(12) is amended by striking ‘‘and’’ at the end of subpara- graph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) (as so amended) the following new subparagraph: H. R. 2617—930 ‘‘(B) meets the notice requirements of subsection (k)(13)(E), and’’.
(2) AMENDMENTS RELATING TO SECTION 112.— (A) Section 401(k)(15)(B)(i)(II) is amended by striking ‘‘subsection (m)(2)’’ and inserting ‘‘paragraphs (2), (11), and (12) of subsection (m)’’.

(B) Section 401(k)(15)(B)(iii) is amended by striking ‘‘under the arrangement’’ and inserting ‘‘under the plan’’.

(C) Section 401(k)(15)(B)(iv) is amended by striking ‘‘section 410(a)(1)(A)(ii)’’ and inserting ‘‘paragraph (2)(D)’’.
(3) AMENDMENT RELATING TO SECTION 116.—Section 4973(b) is amended by adding at the end of the flush matter the following: ‘‘Such term shall not include any designated non- deductible contribution (as defined in subparagraph (C) of sec- tion 408(o)(2)) which does not exceed the nondeductible limit under subparagraph (B) thereof by reason of an election under section 408(o)(5).’’.
(b) CLERICAL AMENDMENTS.— (1) Section 72(t)(2)(H)(vi)(IV) is amended by striking ‘‘403(b)(7)(A)(ii)’’ and inserting ‘‘ 403(b)(7)(A)(i)’’.

(2) Section 401(k)(12)(G) is amended by striking ‘‘the requirements under subparagraph (A)(i)’’ and inserting ‘‘the contribution requirements under subparagraph (B) or (C)’’.

(3) Section 401(k)(13)(D)(iv) is amended by striking ‘‘and (F)’’ and inserting ‘‘and (G)’’.

(4) Section 408(o)(5)(A) is amended by striking ‘‘subsection (b)’’ and inserting ‘‘section 219(b)’’.
(5) Section 408A(c)(2)(A) is amended by striking ‘‘(d)(1) or’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect as if included in the section of the Setting Every Community Up for Retirement Enhancement Act of 2019 to which the amendment relates.

TITLE V—ADMINISTRATIVE PROVISIONS SEC.

501.

PROVISIONS RELATING TO PLAN AMENDMENTS.
(a) IN GENERAL.—If this section applies to any retirement plan or contract amendment— (1) such retirement plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A); and (2) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), such retirement plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 and section 204(g) of the Employee Retirement Income Security Act of 1974 by reason of such amendment.
(b) AMENDMENTS TO WHICH SECTION APPLIES.— (1) IN GENERAL.—This section shall apply to any amend- ment to any retirement plan or annuity contract which is made— (A) pursuant to any amendment made by this Act or pursuant to any regulation issued by the Secretary H. R. 2617—931 of the Treasury or the Secretary of Labor (or a delegate of either such Secretary) under this Act; and (B) on or before the last day of the first plan year beginning on or after January 1, 2025, or such later date as the Secretary of the Treasury may prescribe.
In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), or an applicable collectively bargained plan, this paragraph shall be applied by substituting ‘‘2027’’ for ‘‘2025’’.

For purposes of the preceding sentence, the term ‘‘applicable collectively bargained plan’’ means a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act.
(2) CONDITIONS.—This section shall not apply to any amendment unless— (A) during the period— (i) beginning on the date the legislative or regu- latory amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amend- ment, the effective date specified by the plan); and (ii) ending on the date described in paragraph (1)(B) (as modified by the second sentence of paragraph (1)) (or, if earlier, the date the plan or contract amend- ment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (B) such plan or contract amendment applies retro- actively for such period.
(c) COORDINATION WITH OTHER PROVISIONS RELATING TO PLAN AMENDMENTS.— (1) SECURE ACT.—Section 601(b)(1) of the Setting Every Community Up for Retirement Enhancement Act of 2019 is amended— (A) by striking ‘‘January 1, 2022’’ in subparagraph (B) and inserting ‘‘January 1, 2025’’, and (B) by striking ‘‘substituting ‘2024’ for ‘2022’.’’ in the flush matter at the end and inserting ‘‘substituting ‘2027’ for ‘2025’.’’.
(2) CARES ACT.— (A) SPECIAL RULES FOR USE OF RETIREMENT FUNDS.— Section 2202(c)(2)(A) of the CARES Act is amended by striking ‘‘January 1, 2022’’ in clause (ii) and inserting ‘‘January 1, 2025’’.
(B) TEMPORARY WAIVER OF REQUIRED MINIMUM DIS- TRIBUTIONS RULES FOR CERTAIN RETIREMENT PLANS AND ACCOUNTS.—Section 2203(c)(2)(B)(i) of the CARES Act is amended— (i) by striking ‘‘January 1, 2022’’ in subclause (II) and inserting ‘‘January 1, 2025’’, and (ii) by striking ‘‘substituting ‘2024’ for ‘2022’.’’ in the flush matter at the end and inserting ‘‘substituting ‘2027’ for ‘2025’.’’.
(C) TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF 2020.—Section 302(d)(2)(A) of the Taxpayer Certainty and Disaster Tax Relief Act of 2020 is amended by striking H. R. 2617—932 ‘‘January 1, 2022’’ in clause (ii) and inserting ‘‘January 1, 2025’’.

TITLE VI—REVENUE PROVISIONS SEC.

601.

SIMPLE AND SEP ROTH IRAS.

(a) IN GENERAL.—Section 408A is amended by striking sub- section (f).
(b) RULES RELATING TO SIMPLIFIED EMPLOYEE PENSIONS.— (1) CONTRIBUTIONS.—Section 402(h)(1) is amended by striking ‘‘and’’ at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ‘‘, and’’, and by adding at the end the following new subparagraph: ‘‘(C) in the case of any contributions pursuant to a simplified employer pension which are made to an indi- vidual retirement plan designated as a Roth IRA, such contribution shall not be excludable from gross income.’’.
(2) DISTRIBUTIONS.—Section 402(h)(3) is amended by inserting ‘‘(or section 408A(d) in the case of an individual retire- ment plan designated as a Roth IRA)’’ before the period at the end.
(3) ELECTION REQUIRED.—Section 408(k) is amended by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively, and by inserting after paragraph (6) the following new paragraph: ‘‘(7) ROTH CONTRIBUTION ELECTION.—An individual retire- ment plan which is designated as a Roth IRA shall not be treated as a simplified employee pension under this subsection unless the employee elects for such plan to be so treated (at such time and in such manner as the Secretary may provide).’’.
(c) RULES RELATING TO SIMPLE RETIREMENT ACCOUNTS.— (1) ELECTION REQUIRED.—Section 408(p), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraph: ‘‘(12) ROTH CONTRIBUTION ELECTION.—An individual retire- ment plan which is designated as a Roth IRA shall not be treated as a simple retirement account under this subsection unless the employee elects for such plan to be so treated (at such time and in such manner as the Secretary may provide).’’.
(2) ROLLOVERS.—Section 408A(e) is amended by adding at the end the following new paragraph: ‘‘(3) SIMPLE RETIREMENT ACCOUNTS.—In the case of any payment or distribution out of a simple retirement account (as defined in section 408(p)) with respect to which an election has been made under section 408(p)(12) and to which 72(t)(6) applies, the term ‘qualified rollover contribution’ shall not include any payment or distribution paid into an account other than another simple retirement account (as so defined).’’.
(d) CONFORMING AMENDMENT.—Section 408A(d)(2)(B) is amended by inserting ‘‘, or employer in the case of a simple retire- ment account (as defined in section 408(p)) or simplified employee pension (as defined in section 408(k)),’’ after ‘‘individual’s spouse’’.

(e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2022.

H. R. 2617—933 SEC.

602.

HARDSHIP WITHDRAWAL RULES FOR 403(b) PLANS.
(a) IN GENERAL.—Section 403(b), as amended by the preceding provisions of this Act, is amended by adding at the end the following new paragraph: ‘‘(17) SPECIAL RULES RELATING TO HARDSHIP WITH- DRAWALS.—For purposes of paragraphs (7) and (11)— ‘‘(A) AMOUNTS WHICH MAY BE WITHDRAWN.—The fol- lowing amounts may be distributed upon hardship of the employee: ‘‘(i) Contributions made pursuant to a salary reduc- (within the meaning of section tion agreement 3121(a)(5)(D)).
‘‘(ii) Qualified nonelective contributions (as defined in section 401(m)(4)(C)).

‘‘(iii) Qualified matching contributions described in section 401(k)(3)(D)(ii)(I).

‘‘(iv) Earnings on any contributions described in clause (i), (ii), or (iii).

‘‘(B) NO REQUIREMENT TO TAKE AVAILABLE LOAN.—A distribution shall not be treated as failing to be made upon the hardship of an employee solely because the employee does not take any available loan under the plan.’’.
(b) CONFORMING AMENDMENTS.— (1) Section 403(b)(7)(A)(i)(V) is amended by striking ‘‘in the case of contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D))’’ and inserting ‘‘subject to the provisions of paragraph (17)’’.

(2) Paragraph (11) of section 403(b), as amended by this Act, is further amended— (A) by striking ‘‘in’’ in subparagraph (B) and inserting ‘‘subject to the provisions of paragraph (17), in’’, and (B) by striking the second sentence.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2023.

SEC.

603.

ELECTIVE DEFERRALS GENERALLY LIMITED TO REGULAR CONTRIBUTION LIMIT.
(a) APPLICABLE EMPLOYER PLANS.—Section 414(v) is amended by adding at the end the following new paragraph: ‘‘(7) CERTAIN DEFERRALS MUST BE ROTH CONTRIBUTIONS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (C), in the case of an eligible participant whose wages (as defined in section 3121(a)) for the preceding calendar year from the employer sponsoring the plan exceed $145,000, paragraph (1) shall apply only if any additional elective deferrals are designated Roth contributions (as defined in section 402A(c)(1)) made pursuant to an employee election.
‘‘(B) ROTH OPTION.—In the case of an applicable employer plan with respect to which subparagraph (A) applies to any participant for a plan year, paragraph (1) shall not apply to the plan unless the plan provides that any eligible participant may make the participant’s addi- tional elective deferrals as designated Roth contributions.

‘‘(C) EXCEPTION.—Subparagraph (A) shall not apply in the case of an applicable employer plan described in paragraph (6)(A)(iv).
H. R. 2617—934 ‘‘(D) ELECTION TO CHANGE DEFERRALS.—The Secretary may provide by regulations that an eligible participant may elect to change the participant’s election to make additional elective deferrals if the participant’s compensa- tion is determined to exceed the limitation under subpara- graph (A) after the election is made.
‘‘(E) COST OF LIVING ADJUSTMENT.—In the case of a year beginning after December 31, 2024, the Secretary shall adjust annually the $145,000 amount in subpara- graph (A) for increases in the cost-of-living at the same time and in the same manner as adjustments under 415(d); except that the base period taken into account shall be the calendar quarter beginning July 1, 2023, and any increase under this subparagraph which is not a multiple of $5,000 shall be rounded to the next lower multiple of $5,000.’’.
(b) CONFORMING AMENDMENTS.— (1) Section 402(g)(1) is amended by striking subparagraph (C).

(2) Section 457(e)(18)(A)(ii) is amended by inserting ‘‘the lesser of any designated Roth contributions made by the partici- pant to the plan or’’ before ‘‘the applicable dollar amount’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2023.

SEC.

604.

OPTIONAL TREATMENT OF EMPLOYER MATCHING OR NON- ELECTIVE CONTRIBUTIONS AS ROTH CONTRIBUTIONS.
(a) IN GENERAL.—Section 402A(a) is amended by redesignating paragraph (2) as paragraph (4), by striking ‘‘and’’ at the end of paragraph (1), and by inserting after paragraph (1) the following new paragraphs: ‘‘(2) any designated Roth contribution which pursuant to the program is made by the employer on the employee’s behalf on account of the employee’s contribution, elective deferral, or (subject to the requirements of section 401(m)(13)) qualified student loan payment shall be treated as a matching contribu- tion for purposes of this chapter, except that such contribution shall not be excludable from gross income, ‘‘(3) any designated Roth contribution which pursuant to the program is made by the employer on the employee’s behalf and which is a nonelective contribution shall be nonforfeitable and shall not be excludable from gross income, and’’.
(b) MATCHING INCLUDED IN QUALIFIED ROTH CONTRIBUTION PROGRAM.—Section 402A(b)(1) is amended— (1) by inserting ‘‘, or to have made on the employee’s behalf,’’ after ‘‘elect to make’’, and (2) by inserting ‘‘, or of matching contributions or nonelec- tive contributions which may otherwise be made on the employee’s behalf,’’ after ‘‘otherwise eligible to make’’.
(c) DESIGNATED ROTH MATCHING CONTRIBUTIONS.—Section 402A(c)(1) is amended by inserting ‘‘, matching contribution, or nonelective contribution’’ after ‘‘elective deferral’’.
(d) MATCHING CONTRIBUTION DEFINED.—Section 402A(f), as redesignated by this Act, is amended by adding at the end the following: ‘‘(3) MATCHING CONTRIBUTION.—The term ‘matching con- tribution’ means— H. R. 2617—935 ‘‘(A) any matching contribution described in section 401(m)(4)(A), and ‘‘(B) any contribution to an eligible deferred compensa- tion plan (as defined in section 457(b)) by an eligible employer described in section 457(e)(1)(A) on behalf of an employee and on account of such employee’s elective deferral under such plan, but only if such contribution is nonforfeitable at the time received.’’.
(e) EFFECTIVE DATE.—The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.

SEC.

605.

CHARITABLE CONSERVATION EASEMENTS.
(a) LIMITATION ON DEDUCTION.— (1) IN GENERAL.—Section 170(h) is amended by adding at the end the following new paragraph: ‘‘(7) LIMITATION ON DEDUCTION FOR QUALIFIED CONSERVA- TION CONTRIBUTIONS MADE BY PASS-THROUGH ENTITIES.— ‘‘(A) IN GENERAL.—A contribution by a partnership (whether directly or as a distributive share of a contribution of another partnership) shall not be treated as a qualified conservation contribution for purposes of this section if the amount of such contribution exceeds 2.5 times the sum of each partner’s relevant basis in such partnership.
‘‘(B) RELEVANT BASIS.—For purposes of this para- graph— ‘‘(i) IN GENERAL.—The term ‘relevant basis’ means, with respect to any partner, the portion of such part- ner’s modified basis in the partnership which is allo- cable (under rules similar to the rules of section 755) to the portion of the real property with respect to which the contribution described in subparagraph (A) is made.
‘‘(ii) MODIFIED BASIS.—The term ‘modified basis’ means, with respect to any partner, such partner’s adjusted basis in the partnership as determined— immediately before described in subparagraph (A), the contribution ‘‘(I) ‘‘(II) without regard to section 752, and ‘‘(III) by the partnership after taking into account the adjustments described in subclauses (I) and (II) and such other adjustments as the Secretary may provide.
‘‘(C) EXCEPTION FOR CONTRIBUTIONS OUTSIDE 3-YEAR HOLDING PERIOD.—Subparagraph (A) shall not apply to any contribution which is made at least 3 years after the latest of— ‘‘(i) the last date on which the partnership that made such contribution acquired any portion of the real property with respect to which such contribution is made, ‘‘(ii) the last date on which any partner in the partnership that made such contribution acquired any interest in such partnership, and H. R. 2617—936 ‘‘(iii) if the interest in the partnership that made such contribution is held through 1 or more partner- ships— ‘‘(I) the last date on which any such partner- ship acquired any interest in any other such part- nership, and ‘‘(II) the last date on which any partner in any such partnership acquired any interest in such partnership.
‘‘(D) EXCEPTION FOR FAMILY PARTNERSHIPS.— ‘‘(i) IN GENERAL.—Subparagraph (A) shall not apply with respect to any contribution made by any partnership if substantially all of the partnership interests in such partnership are held, directly or indirectly, by an individual and members of the family of such individual.
‘‘(ii) MEMBERS OF THE FAMILY.—For purposes of this subparagraph, the term ‘members of the family’ means, with respect to any individual— ‘‘(I) the spouse of such individual, and ‘‘(II) any individual who bears a relationship to such individual which is described in subpara- graphs (A) through (G) of section 152(d)(2).
‘‘(E) EXCEPTION FOR CONTRIBUTIONS TO PRESERVE CER- TIFIED HISTORIC STRUCTURES.—Subparagraph (A) shall not apply to any qualified conservation contribution the con- servation purpose of which is the preservation of any building which is a certified historic structure (as defined in paragraph (4)(C)).
‘‘(F) APPLICATION TO OTHER PASS-THROUGH ENTITIES.— Except as may be otherwise provided by the Secretary, the rules of this paragraph shall apply to S corporations and other pass-through entities in the same manner as such rules apply to partnerships.
‘‘(G) REGULATIONS.—The Secretary shall prescribe such regulations or other guidance as may be necessary or appro- priate to carry out the purposes of this paragraph, including regulations or other guidance— ‘‘(i) to require reporting, including reporting related to tiered partnerships and the modified basis of partners, and ‘‘(ii) to prevent the avoidance of the purposes of this paragraph.’’.
(2) APPLICATION OF ACCURACY-RELATED PENALTIES.— (A) IN GENERAL.—Section 6662(b) is amended by inserting after paragraph (9) the following new paragraph: ‘‘(10) Any disallowance of a deduction by reason of section 170(h)(7).’’.
(B) TREATMENT AS GROSS VALUATION MISSTATEMENT.— Section 6662(h)(2) is amended by striking ‘‘and’’ at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ‘‘, and’’, and by adding at the end the following new subparagraph: ‘‘(D) any disallowance of a deduction described in sub- section (b)(10).’’.
(C) NO REASONABLE EXCEPTION.—Section 6664(c)(2) is amended by inserting ‘‘or to any disallowance CAUSE H. R. 2617—937 of a deduction described in section 6662(b)(10)’’ before the period at the end.

(D) APPROVAL OF ASSESSMENT NOT REQUIRED.—Section 6751(b)(2)(A) is amended by striking ‘‘subsection (b)(9)’’ and inserting ‘‘paragraph (9) or (10) of subsection (b)’’.
(3) EXTENSION OF STATUTE OF LIMITATIONS FOR LISTED TRANSACTIONS.—Any contribution with respect to which any deduction was disallowed by reason of section 170(h)(7) of the Internal Revenue Code of 1986 (as added by this subsection) shall be treated for purposes of sections 6501(c)(10) and 6235(c)(6) of such Code as a transaction specifically identified by the Secretary as a tax avoidance transaction for purposes of section 6011 of such Code.
(b) REPORTING REQUIREMENTS.—Section 170(f) is amended by adding at the end the following new paragraph: ‘‘(19) CERTAIN QUALIFIED CONSERVATION CONTRIBUTIONS.— ‘‘(A) IN GENERAL.—In the case of a qualified conserva- tion contribution to which this paragraph applies, no deduc- tion shall be allowed under subsection (a) for such contribu- tion unless the partnership making such contribution— ‘‘(i) includes on its return for the taxable year in which the contribution is made a statement that the partnership made such a contribution, and ‘‘(ii) provides such information about the contribu- tion as the Secretary may require.
‘‘(B) CONTRIBUTIONS TO WHICH THIS PARAGRAPH APPLIES.—This paragraph shall apply to any qualified con- servation contribution— ‘‘(i) the conservation purpose of which is the preservation of any building which is a certified historic structure (as defined in subsection (h)(4)(C)), ‘‘(ii) which is made by a partnership (whether directly or as a distributive share of a contribution of another partnership), and ‘‘(iii) the amount of which exceeds 2.5 times the sum of each partner’s relevant basis (as defined in subsection (h)(7)) in the partnership making the con- tribution.
‘‘(C) APPLICATION TO OTHER PASS-THROUGH ENTITIES.— Except as may be otherwise provided by the Secretary, the rules of this paragraph shall apply to S corporations and other pass-through entities in the same manner as such rules apply to partnerships.’’.

(c) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to contributions made after the date of the enact- ment of this Act.
(2) NO INFERENCE.—No inference is intended as to the appropriate treatment of contributions made in taxable years ending on or before the date specified in paragraph (1), or as to any contribution for which a deduction is not disallowed by reason of section 170(h)(7) of the Internal Revenue Code of 1986, as added by this section.
(d) SAFE HARBORS AND OPPORTUNITY FOR DONOR TO CORRECT CERTAIN DEED ERRORS.— (1) IN GENERAL.—The Secretary of the Treasury (or such Secretary’s delegate) shall, within 120 days after the date of H. R. 2617—938 the enactment of this Act, publish safe harbor deed language for extinguishment clauses and boundary line adjustments.
(2) OPPORTUNITY TO CORRECT.— (A) IN GENERAL.—During the 90-day period beginning on the date of publication of the safe harbor deed language under paragraph (1), a donor may amend an easement deed to substitute the safe harbor language for the cor- responding language in the original deed if— (i) the amended deed is signed by the donor and donee and recorded within such 90-day period, and (ii) such amendment is treated as effective as of the date of the recording of the original easement deed.
(B) EXCEPTIONS.—Subparagraph (A) shall not apply to an easement deed relating to any contribution— (i) which— (I) is part of a reportable transaction (as defined in section 6707A(c)(1) of the Internal Rev- enue Code of 1986), or (II) is described in Internal Revenue Service Notice 2017–10, (ii) which by reason of section 170(h)(7) of such Code, as added by this section, is not treated as a qualified conservation contribution, (iii) if a deduction for such contribution under sec- tion 170 of such Code has been disallowed by the Secretary of the Treasury (or such Secretary’s dele- gate), and the donor is contesting such disallowance in a case which is docketed in a Federal court on a date before the date the amended deed is recorded by the donor, or (iv) if a claimed deduction for such contribution under section 170 of such Code resulted in an under- payment to which a penalty under section 6662 or 6663 of such Code applies and— (I) such penalty has been finally determined administratively, or (II) if such penalty is challenged in court, the judicial proceeding with respect to such penalty has been concluded by a decision or judgment which has become final.
SEC.

606.

ENHANCING RETIREE HEALTH BENEFITS IN PENSION PLANS.

(a) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.— (1) EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE HEALTH ACCOUNTS.—Paragraph (4) of section 420(b) is amended by striking ‘‘December 31, 2025’’ and inserting ‘‘December 31, 2032’’.
(2) DE MINIMIS TRANSFER RULE.— (A) IN GENERAL.—Subsection (e) of section 420 is amended by adding at the end the following new paragraph: ‘‘(7) SPECIAL RULE FOR DE MINIMIS TRANSFERS.— ‘‘(A) IN GENERAL.—In the case of a transfer of an amount which is not more than 1.75 percent of the amount determined under paragraph (2)(A) by a plan which meets the requirements of subparagraph (B), paragraph (2)(B) H. R. 2617—939 shall be applied by substituting ‘110 percent’ for ‘125 per- cent’.
‘‘(B) TWO-YEAR LOOKBACK REQUIREMENT.—A plan is described in this subparagraph if, as of any valuation date in each of the 2 plan years immediately preceding the plan year in which the transfer occurs, the amount deter- mined under paragraph (2)(A) exceeded 110 percent of the sum of the funding target and the target normal cost determined under section 430 for each such plan year.’’.
(B) COST MAINTENANCE PERIOD.—Subparagraph (D) of section 420(c)(3) is amended by striking ‘‘5 taxable years’’ and inserting ‘‘5 taxable years (7 taxable years in the case of a transfer to which subsection (e)(7) applies)’’.
(C) CONFORMING AMENDMENTS.— (i) EXCESS PENSION ASSETS.—Clause (i) of section 420(f)(2)(B) is amended— (I) by striking ‘‘IN GENERAL.—In’’ and inserting ‘‘IN GENERAL.— ‘‘(I) DETERMINATION.—In’’, (II) by striking ‘‘subsection inserting ‘‘subsection (e)(2)(B)’’, and (e)(2)’’ and (III) by adding at the end the following new subclause: ‘‘(II) SPECIAL RULE FOR COLLECTIVELY BAR- GAINED TRANSFERS.—In determining excess pen- sion assets for purposes of a collectively bargained transfer, subsection (e)(7) shall not apply.’’.
(ii) MINIMUM COST.—Subclause (I) of section 420(f)(2)(D)(i) is amended by striking ‘‘4th year’’ and inserting ‘‘4th year (the 6th year in the case of a transfer to which subsection (e)(7) applies)’’.

(b) EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE HEALTH ACCOUNTS UNDER EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.— (1) DEFINITIONS.—Section 101(e)(3) of the Employee Retire- ment Income Security Act of 1974 (29 U.S.C.
1021(e)(3)) is amended by striking ‘‘(as in effect on the date of the enactment of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015)’’ and inserting ‘‘(as in effect on the date of enactment of the SECURE 2.0 Act of 2022)’’.

(2) USE OF ASSETS.—Section 403(c)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1103(c)(1)) is amended by striking ‘‘(as in effect on the date of the enact- ment of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015)’’ and inserting ‘‘(as in effect on the date of enactment of the SECURE 2.0 Act of 2022)’’.

(3) EXEMPTION.—Section 408(b)(13) of the Employee Retire- ment Income Security Act of 1974 (29 U.S.C.
1108(b)(13)) is amended— (A) by striking ‘‘January 1, 2026’’ and inserting ‘‘January 1, 2033’’; and (B) by striking ‘‘(as in effect on the date of the enact- ment of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015)’’ and inserting ‘‘(as in effect on the date of enactment of the SECURE 2.0 Act of 2022)’’.

H. R. 2617—940 (c) EFFECTIVE DATE.—The amendments made by this section shall apply to transfers made after the date of the enactment of this Act.
TITLE VII—TAX COURT RETIREMENT PROVISIONS SEC.

701.

PROVISIONS RELATING TO JUDGES OF THE TAX COURT.

(a) THRIFT SAVINGS PLAN CONTRIBUTIONS FOR JUDGES IN THE FEDERAL EMPLOYEES RETIREMENT SYSTEM.— (1) IN GENERAL.—Subsection (j)(3)(B) of section 7447 is amended to read as follows: ‘‘(B) CONTRIBUTIONS FOR BENEFIT OF JUDGE.—No con- tributions under section 8432(c) of title 5, United States Code, shall be made for the benefit of a judge who has filed an election to receive retired pay under subsection (e).’’.
(2) OFFSET.—Paragraph (3) of section 7447(j) is amended by adding at the end the following new subparagraph: ‘‘(F) OFFSET.—In the case of a judge who receives a distribution from the Thrift Savings Plan and who later receives retired pay under subsection (d), the retired pay shall be offset by an amount equal to the amount of the distribution which represents the Government’s contribu- tion to the individual’s Thrift Savings Account during years of service as a full-time judicial officer under the Federal Employees Retirement System, without regard to earnings attributable to such amount.
Where such an offset would exceed 50 percent of the retired pay to be received in the first year, the offset may be divided equally over the first 2 years in which the individual receives the annuity.’’.

(3) EFFECTIVE DATE.—The amendments made by this sub- section shall apply to basic pay earned while serving as a judge of the United States Tax Court on or after the date of the enactment of this Act.
(b) CHANGE IN VESTING PERIOD FOR SURVIVOR ANNUITIES AND WAIVER OF VESTING PERIOD IN THE EVENT OF ASSASSINATION.— (1) ELIGIBILITY IN CASE OF DEATH.—Subsection (h) of section 7448 is amended to read as follows: ‘‘(h) ENTITLEMENT TO ANNUITY.— ‘‘(1) IN GENERAL.— ‘‘(A) ANNUITY TO SURVIVING SPOUSE.—If a judge or special trial judge described in paragraph (2) is survived by a surviving spouse but not by a dependent child, there shall be paid to such surviving spouse an annuity beginning with the day of the death of the judge or special trial judge or following the surviving spouse’s attainment of age 50, whichever is the later, in an amount computed as provided in subsection (m).
‘‘(B) ANNUITY TO SURVIVING SPOUSE AND CHILD.—If a judge or special trial judge described in paragraph (2) is survived by a surviving spouse and dependent child or children, there shall be paid to such surviving spouse an annuity, beginning on the day of the death of the judge or special trial judge, in an amount computed as provided in subsection (m), and there shall also be paid H. R. 2617—941 to or on behalf of each such child an immediate annuity equal to the lesser of— ‘‘(i) 10 percent of the average annual salary of such judge or special trial judge (determined in accord- ance with subsection (m)), or ‘‘(ii) 20 percent of such average annual salary, divided by the number of such children.
‘‘(C) ANNUITY TO SURVIVING DEPENDENT CHILDREN.— If a judge or special trial judge described in paragraph (2) leaves no surviving spouse but leaves a surviving dependent child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the lesser of— ‘‘(i) 20 percent of the average annual salary of such judge or special trial judge (determined in accord- ance with subsection (m)), or ‘‘(ii) 40 percent of such average annual salary divided by the number of such children.
‘‘(2) COVERED JUDGES.—Paragraph (1) applies to any judge or special trial judge electing under subsection (b)— ‘‘(A) who dies while a judge or special trial judge after having rendered at least 18 months of civilian service com- puted as prescribed in subsection (n), for the last 18 months of which the salary deductions provided for by subsection (c)(1) or the deposits required by subsection (d) have actu- ally been made or the salary deductions required by the civil service retirement laws have actually been made, or ‘‘(B) who dies by assassination after having rendered less than 18 months of civilian service computed as pre- scribed in subsection (n) if, for the period of such service, the salary deductions provided for by subsection (c)(1) or the deposits required by subsection (d) have actually been made.
‘‘(3) TERMINATION OF ANNUITY.— ‘‘(A) SURVIVING SPOUSE.—The annuity payable to a surviving spouse under this subsection shall be terminable upon such surviving spouse’s death or such surviving spouse’s remarriage before attaining age 55.
‘‘(B) SURVIVING CHILD.—Any annuity payable to a child under this subsection shall be terminable upon the earliest of— ‘‘(i) the child’s attainment of age 18, ‘‘(ii) the child’s marriage, or ‘‘(iii) the child’s death, except that if such child is incapable of self-support by reason of mental or physical disability the child’s annuity shall be terminable only upon death, marriage, or recovery from such disability.
‘‘(C) DEPENDENT CHILD AFTER DEATH OF SURVIVING SPOUSE.—In case of the death of a surviving spouse of a judge or special trial judge leaving a dependent child or children of the judge or special trial judge surviving such spouse, the annuity of such child or children shall be recomputed and paid as provided in paragraph (1)(C).
TO OTHER DEPENDENT CHILDREN.—In any case in which the annuity of a dependent child is terminated under this subsection, ‘‘(D) RECOMPUTATION WITH RESPECT H. R. 2617—942 the annuities of any remaining dependent child or children based upon the service of the same judge or special trial judge shall be recomputed and paid as though the child whose annuity was so terminated had not survived such judge.
‘‘(E) SPECIAL RULE FOR ASSASSINATED JUDGES.—In the case of a survivor of a judge or special trial judge described in paragraph (2)(B), there shall be deducted from the annu- ities otherwise payable under this section an amount equal to the amount of salary deductions that would have been made if such deductions had been made for 18 months prior to the death of the judge or special trial judge.’’.
(2) DEFINITION OF ASSASSINATION.—Section 7448(a) is amended by adding at the end the following new paragraph: ‘‘(10) The terms ‘assassinated’ and ‘assassination’ mean the killing of a judge or special trial judge that is motivated by the performance by the judge or special trial judge of his or her official duties.’’.
(3) DETERMINATION OF ASSASSINATION.—Subsection (i) of section 7448 is amended— (A) by striking ‘‘OF DEPENDENCY AND DISABILITY.— Questions’’ and inserting ‘‘BY CHIEF JUDGE.— ‘‘(1) DEPENDENCY AND DISABILITY.—Questions’’, and ‘‘(2) ASSASSINATION.—The chief (B) by adding at the end the following new paragraph: judge shall determine whether the killing of a judge or special trial judge was an assassination, subject to review only by the Tax Court.
The head of any Federal agency that investigates the killing of a judge or special trial judge shall provide to the chief judge any information that would assist the chief judge in making such a determination.’’.
(4) COMPUTATION OF ANNUITIES.—Section 7448(m) is amended to read as follows: ‘‘(m) COMPUTATION OF ANNUITIES.—The annuity of the sur- viving spouse of a judge or special trial judge electing under sub- section (b) shall be an amount equal to the sum of— ‘‘(1) the product of— ‘‘(A) 1.5 percent of the average annual salary (whether judge’s or special trial judge’s salary or compensation for other allowable service) received by such judge or special trial judge— ‘‘(i) for judicial service (including periods in which he received retired pay under section 7447(d), section 7447A(d), or any annuity under chapter 83 or 84 of title 5, United States Code) or for any other prior allowable service during the period of 3 consecutive years in which such judge or special trial judge received the largest such average annual salary, or ‘‘(ii) in the case of a judge or special trial judge who has served less than 3 years, during the total period of such service prior to such judge’s or special trial judge’s death, multiplied by the sum of, multiplied by ‘‘(B) the sum of— ‘‘(i) the judge’s or special trial judge’s years of such judicial service, H. R. 2617—943 ‘‘(ii) the judge’s or special trial judge’s years of prior allowable service as a Senator, Representative, Delegate, or Resident Commissioner in Congress, ‘‘(iii) the judge’s or special trial judge’s years of prior allowable service performed as a member of the Armed Forces of the United States, and ‘‘(iv) the judge’s or special trial judge’s years, not exceeding 15, of
 prior allowable service performed as a congressional employee (as defined in section 2107 of title 5 of the United States Code), plus ‘‘(2) three-fourths of 1 percent of such average annual salary multiplied by the judge’s years of any other prior allowable service, except that such annuity shall not exceed an amount equal to 50 percent of such average annual salary, nor be less than an amount equal to 25 percent of such average annual salary, and shall be further reduced in accordance with subsection (d) (if applicable).
In determining the period of 3 consecutive years referred to in the preceding sentence, there may not be taken into account any period for which an election under section 7447(f)(4) is in effect.’’.
(5) OTHER BENEFITS.—Section 7448 is amended by adding at the end the following new subsection: ‘‘(u) OTHER BENEFITS IN CASE OF ASSASSINATION.—In the case of a judge or special trial judge who is assassinated, an annuity shall be paid under this section notwithstanding a survivor’s eligi- bility for or receipt of benefits under chapter 81 of title 5, United States Code, except that the annuity for which a surviving spouse is eligible under this section shall be reduced to the extent that the total benefits paid under this section and chapter 81 of that title for any year would exceed the current salary for that year of the office of the judge or special trial judge.’’.
(c) COORDINATION OF RETIREMENT AND SURVIVOR ANNUITY WITH THE FEDERAL EMPLOYEES RETIREMENT SYSTEM.— (1) RETIREMENT.—Section 7447 is amended— (A) by striking ‘‘section 8331(8)’’ in subsection (g)(2)(C) and inserting ‘‘sections 8331(8) and 8401(19)’’, and (B) by striking ‘‘Civil Service Commission’’ both places it appears in subsection (i)(2) and inserting ‘‘Office of Per- sonnel Management’’.
(2) ANNUITIES TO SURVIVING SPOUSES AND DEPENDENT CHIL- DREN.—Section 7448 is amended— (A) by striking ‘‘section 8332’’ in subsection (d) and inserting ‘‘sections 8332 and 8411’’, and (B) by striking ‘‘section 8332’’ in subsection (n) and inserting ‘‘sections 8332 and 8411’’.
(d) LIMIT ON TEACHING COMPENSATION OF RETIRED JUDGES.— (1) IN GENERAL.—Section 7447 is amended by adding at the end the following new subsection: ‘‘(k) TEACHING COMPENSATION OF RETIRED JUDGES.—For pur- poses of the limitation under section 501(a) of the Ethics in Govern- ment Act of 1978 (5 U.S.C.

App.
App.

), any compensation for teaching approved under section 502(a)(5) of such Act shall not be treated as outside earned income when received by a judge of the United States Tax Court who has retired under subsection (b) for teaching performed during any calendar year for which such a judge has H. R. 2617—944 met the requirements of subsection (c), as certified by the chief judge, or has retired under subsection (b)(4).’’.
(2) EFFECTIVE DATE.—The amendment made by this sub- section shall apply to any individual serving as a retired judge of the United States Tax Court on or after the date of the enactment of this Act.

(e) EFFECTIVE DATE.—Except as otherwise provided, the amend- ments made by this section shall take effect on the date of the enactment of this Act.

SEC.

702.

PROVISIONS RELATING TO SPECIAL TRIAL JUDGES OF THE TAX COURT.
(a) RETIREMENT AND RECALL FOR SPECIAL TRIAL JUDGES.— Part I of subchapter C of chapter 76 is amended by inserting after section 7447 the following new section: ‘‘SEC.

7447A.

RETIREMENT FOR SPECIAL TRIAL JUDGES.


‘‘(a) IN GENERAL.— ‘‘(1) RETIREMENT.—Any special trial judge appointed pursu- ant to section 7443A may retire from service as a special trial judge if the individual meets the age and service require- ments set forth in the following table: ‘‘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.
‘‘(2) LENGTH OF SERVICE.—In making any determination of length of service as a special trial judge there shall be included all periods (whether or not consecutive) during which an individual served as a special trial judge ‘‘(b) RETIREMENT UPON DISABILITY.—Any special trial judge appointed pursuant to section 7443A who becomes permanently disabled from performing such individual’s duties shall retire from service as a special trial judge.
‘‘(c) RECALLING OF RETIRED SPECIAL TRIAL JUDGES.—Any indi- vidual who has retired pursuant to subsection (a) may be called upon by the chief judge to perform such judicial duties with the Tax Court as may be requested of such individual for a period or periods specified by the chief judge, except that in the case of any such individual— ‘‘(1) the aggregate of such periods in any 1 calendar year shall not (without the consent of such individual) exceed 90 calendar days, and ‘‘(2) such individual shall be relieved of performing such duties during any period in which illness or disability precludes the performance of such duties.
Any act, or failure to act, by an individual performing judicial duties pursuant to this subsection shall have the same force and effect as if it were the act (or failure to act) of a special trial judge.

Any individual who is performing judicial duties pursuant to this subsection shall be paid the same compensation (in lieu H. R. 2617—945 of retired pay) and allowances for travel and other expenses as a special trial judge.
‘‘(d) RETIRED PAY.— ‘‘(1) IN GENERAL.—Any individual who retires pursuant to subsection (a) and elects under subsection (e) to receive retired pay under this subsection shall receive retired pay during any period of retirement from service as a special trial judge at a rate which bears the same ratio to the rate of the salary payable to a special trial judge during such period as— ‘‘(A) the number of years such individual has served as special trial judge bears to, ‘‘(B) 15, except that the rate of such retired pay shall not be more than the rate of such salary for such period.
‘‘(2) RETIREMENT UPON DISABILITY.—Any individual who retires pursuant to subsection (b) and elects under subsection (e) to receive retired pay under this subsection shall receive retired pay during any period of retirement from service as a special trial judge— ‘‘(A) at a rate equal to the rate of the salary payable to a special trial judge during such period, if the individual had at least 10 years of service as a special trial judge before retirement, and ‘‘(B) at a rate equal to 1⁄2 the rate described in subpara- graph (A), if the individual had fewer than 10 years of service as a special trial judge before retirement.
‘‘(3) BEGINNING DATE AND PAYMENT.—Retired pay under this subsection shall begin to accrue on the day following the date on which the individual’s salary as a special trial judge ceases to accrue, and shall continue to accrue during the remainder of such individual’s life.

Retired pay under this subsection shall be paid in the same manner as the salary of a special trial judge.
‘‘(4) PARTIAL YEARS.—In computing the rate of the retired pay for an individual to whom paragraph (1) applies, any por- tion of the aggregate number of years such individual has served as a special trial judge which is a fractional part of 1 year shall be eliminated if it is less than 6 months, or shall be counted as a full year if it is 6 months or more.
‘‘(5) RECALLED SERVICE.—In computing the rate of the retired pay for an individual to whom paragraph (1) applies, any period during which such individual performs services under subsection (c) on a substantially full-time basis shall be treated as a period during which such individual has served as a special trial judge.

‘‘(e) ELECTION TO RECEIVE RETIRED PAY.—Any special trial judge may elect to receive retired pay under subsection (d).
Such an election— ‘‘(1) may be made only while an individual is a special trial judge (except that in the case of an individual who fails to be reappointed as a special trial judge, such election may be made within 60 days after such individual leaves office as a special trial judge), ‘‘(2) once made, shall be irrevocable, and ‘‘(3) shall be made by filing notice thereof in writing with the chief judge.
H. R. 2617—946 The chief judge shall transmit to the Office of Personnel Manage- ment a copy of each notice filed with the chief judge under this subsection.

‘‘(f) OTHER RULES MADE APPLICABLE.—The rules of subsections (f), (g), (h)(2), (i), and (j), and the first sentence of subsection (h)(1), of section 7447 shall apply to a special trial judge in the same manner as a judge of the Tax Court.
For purposes of the preceding sentence, any reference to the President in such sub- sections shall be applied as if it were a reference to the chief judge.’’.

(b) CONFORMING AMENDMENTS.— (1) Section 3121(b)(5)(E) is amended by inserting ‘‘or special trial judge’’ before ‘‘of the United States Tax Court’’.

(2) Section 7448(b)(2) is amended to read as follows: ‘‘(2) SPECIAL TRIAL JUDGES.—Any special trial judge may by written election filed with the chief judge elect the applica- tion of this section.
Such election shall be filed while such individual is a special trial judge.’’.

(3) Section 210(a)(5)(E) of the Social Security Act (42 U.S.C.

410(a)(5)(E)) is amended by inserting ‘‘or special trial judge’’ before ‘‘of the United States Tax Court’’.

(c) CLERICAL AMENDMENT.—The table of sections for part I of subchapter C of chapter 76 is amended by inserting after the item relating to section 7447 the following new item: ‘‘Sec.

7447A.

Retirement for special trial judges.’’.


(d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act, except that section 7447A(e) of the Internal Revenue Code of 1986 (as added by this section) shall take effect on the date that is 180 days after such date of enactment.
Special trial judges retiring on or after the date of the enactment of this Act, and before the date that is 180 days after the date of such enactment, may file an election under such section not later than 60 days after such date.

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

1.

SHORT TITLE; TABLE OF CONTENTS.


(a) SHORT TITLE.—This division may be cited as the ‘‘Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Bene- fits and Health Care Improvement Act of 2022’’.

(b) TABLE OF CONTENTS.—The table of contents for this division is as follows: DIVISION U—JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022 Sec.

1.

Short title; table of contents.


H. R. 2617—947 TITLE I—HEALTH CARE MATTERS Subtitle A—Access to Care Sec.

101.

Expansion of eligibility for hospital care, medical services, and nursing home care from the Department of Veterans Affairs to include veterans of World War II.

Sec.

102.

Department of Veterans Affairs treatment and research of prostate can- cer.

Subtitle B—Health Care Employees Sec.

111.


Third party review of appointees in Veterans Health Administration who had a license terminated for cause and notice to individuals treated by those appointees if determined that an episode of care or services that they received was below the standard of care.

Sec.

112.

Compliance with requirements for examining qualifications and clinical abilities of health care professionals of Department of Veterans Affairs.
Subtitle C—Care From Non-Department of Veterans Affairs Providers CHAPTER 1—WAIT TIMES FOR CARE Sec.

121.

Calculation of wait time for purposes of eligibility under Veterans Com- munity Care Program.

Sec.

122.

Plan regarding informing veterans of expected wait times for appoint- ments for care.

CHAPTER 2—IMPROVEMENT OF PROVISION OF CARE Sec.

125.

Modifications to access standards for care furnished through Community Care Program of Department of Veterans Affairs.

Sec.

126.
Sec.

126.

Strategic plan to ensure continuity of care in the case of the realignment of a medical facility of the Department.

CHAPTER 3—COMMUNITY CARE SELF-SCHEDULING PILOT PROGRAM Sec.

131.

Definitions.

Sec.

132.

Pilot program establishing community care appointment self-scheduling technology.

Sec.

133.

Appointment self-scheduling capabilities.

Sec.

134.

Report.

CHAPTER 4—ADMINISTRATION OF NON-DEPARTMENT CARE Sec.

141.
141.

Credentialing verification requirements for providers of non-Department of Veterans Affairs health care services.

Sec.

142.

Claims for payment from Department of Veterans Affairs for emergency treatment furnished to veterans.

Sec.

143.

Publication of clarifying information for non-Department of Veterans Af- fairs providers.

Sec.

144.

Inapplicability of certain providers to provide non-Department of Vet- erans Affairs care.

Subtitle D—Improvement of Rural Health and Telehealth Sec.

151.
151.

Establishment of strategic plan requirement for Office of Connected Care of Department of Veterans Affairs.

Sec.

152.

Comptroller General report on transportation services by third parties for rural veterans.

Sec.

153.

Comptroller General report on telehealth services of the Department of Veterans Affairs.

Subtitle E—Care for Aging Veterans Sec.

161.

Strategy for long-term care for aging veterans.

Sec.

162.

Improvement of State veterans homes.

Sec.

163.


Geriatric psychiatry pilot program at State veterans homes.

Sec.

164.

Support for aging veterans at risk of or experiencing homelessness.

Sec.

165.

Secretary of Veterans Affairs contract authority for payment of care for veterans in non-Department of Veterans Affairs medical foster homes.

Subtitle F—Foreign Medical Program Sec.

171.


Analysis of feasibility and advisability of expanding assistance and sup- port to caregivers to include caregivers of veterans in the Republic of the Philippines.

Sec.

172.

Comptroller General report on Foreign Medical Program of Department of Veterans Affairs.

H. R. 2617—948 Subtitle G—Research Matters Sec.

181.

Inapplicability of Paperwork Reduction Act.

Sec.

182.

Research and Development.

Sec.

183.


Expansion of hiring authorities for certain classes of research occupations.

Sec.

184.

Comptroller General study on dedicated research time for certain per- sonnel of the Department of Veterans Affairs.

Subtitle H—Mental Health Care Sec.

191.

Analysis of feasibility and advisability of Department of Veterans Affairs providing evidence-based treatments for the diagnosis of treatment-re- sistant depression.

Sec.

192.
Sec.

192.

Modification of resource allocation system to include peer specialists.

Sec.

193.

Gap analysis of psychotherapeutic interventions of the Department of Veterans Affairs.

Sec.

193A.

Prohibition on collection of copayments for first three mental health care outpatient visits of veterans.

Subtitle I—Other Matters Sec.

194.

Requirement for ongoing independent assessments of health care delivery systems and management processes of the Department of Veterans Af- fairs.

Sec.

195.
Sec.

195.

Improved transparency of, access to, and usability of data provided by De- partment of Veterans Affairs.

TITLE II—BENEFITS MATTERS Subtitle A—Benefits Generally Sec.

201.

Improvements to process of the Department of Veterans Affairs for cloth- ing allowance claims.

Sec.

202.

Medical opinions for certain veterans with service-connected disabilities who die of COVID–19.

Sec.

203.

Enhanced loan underwriting methods.

Sec.

204.

Department of Veterans Affairs loan fees.


Subtitle B—Education Sec.

211.

Native VetSuccess at Tribal Colleges and Universities Pilot Program.

Sec.

212.

Education for separating members of the Armed Forces regarding reg- istered apprenticeships.

Sec.

213.

Websites regarding apprenticeship programs.

Sec.

214.

Transfer of entitlement to Post-9/11 Educational Assistance Program of Department of Veterans Affairs.

Sec.

215.
Sec.

215.

Use of entitlement under Department of Veterans Affairs Survivors’ and Dependents’ Educational Assistance Program for secondary school edu- cation.

Sec.

216.

Establishment of protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assist- ance, to perform certain service.

Subtitle C—GI Bill National Emergency Extended Deadline Act Sec.

231.

Short title.

Sec.

232.


Extension of time limitation for use of entitlement under Department of Veterans Affairs educational assistance programs by reason of school closures due to emergency and other situations.

Sec.

233.

Extension of period of eligibility by reason of school closures due to emer- gency and other situations under Department of Veterans Affairs train- ing and rehabilitation program for veterans with service-connected dis- abilities.

Sec.

234.
Sec.

234.

Period for eligibility under Survivors’ And Dependents’ Educational As- sistance Program of Department of Veterans Affairs.

Subtitle D—Rural Veterans Travel Enhancement Sec.

241.

Comptroller General of the United States report on fraud, waste, and abuse of the Department of Veterans Affairs beneficiary travel program.

Sec.

242.

Comptroller General study and report on effectiveness of Department of Veterans Affairs beneficiary travel program mileage reimbursement and deductible amounts.
Sec.

243.

Department of Veterans Affairs transportation pilot program for low in- come veterans.

Sec.

244.

Pilot program for travel cost reimbursement for accessing readjustment counseling services.

H. R. 2617—949 Subtitle E—VA Beneficiary Debt Collection Improvement Act Sec.

251.

Short title.

Sec.

252.

Prohibition of debt arising from overpayment due to delay in processing by the Department of Veterans Affairs.

Sec.

253.
Sec.

253.

Prohibition on Department of Veterans Affairs interest and administra- tive cost charges for debts relating to certain benefits programs.

Sec.

254.

Extension of window to request relief from recovery of debt arising under laws administered by the Secretary of Veterans Affairs.

Sec.

255.

Reforms relating to recovery by Department of Veterans Affairs of amounts owed by individuals to the United States.

TITLE III—HOMELESSNESS MATTERS Sec.

301.


Adjustments of grants awarded by the Secretary of Veterans Affairs for comprehensive service programs to serve homeless veterans.

Sec.

302.

Modifications to program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless.

Sec.

303.

Modifications to homeless veterans reintegration programs.

Sec.

304.

Expansion and extension of Department of Veterans Affairs housing as- sistance for homeless veterans.

Sec.
Sec.

305.

Training and technical assistance provided by Secretary of Veterans Af- fairs to certain entities.

Sec.

306.

Modification of eligibility requirements for entities collaborating with the Secretary of Veterans Affairs to provide case management services to homeless veterans in the Department of Housing and Urban Develop- ment-Department of Veterans Affairs supported housing program.

Sec.

307.
Sec.

307.

Department of Veterans Affairs sharing of information relating to coordi- nated entry processes for housing and services operated under Depart- ment of Housing and Urban Development Continuum of Care Program.

Sec.

308.

Department of Veterans Affairs communication with employees respon- sible for homelessness assistance programs.

Sec.

309.

System for sharing and reporting data.

Sec.

310.

Pilot program on grants for health care for homeless veterans.

Sec.

311.
Sec.

311.

Pilot program on award of grants for substance use disorder recovery for homeless veterans.

Sec.

312.

Report by Comptroller General of the United States on affordable housing for veterans.

Sec.

313.

Study on financial and credit counseling.

TITLE IV—OTHER MATTERS Sec.

401.

Department of Veterans Affairs supply chain resiliency.

Sec.

402.

Improvements to equal employment opportunity functions of Department of Veterans Affairs.

Sec.

403.
Sec.

403.

Department of Veterans Affairs Information Technology Reform Act of 2022.

Sec.

404.

Report on information technology dashboard information.

Sec.

405.

Improvements to transparency of law enforcement operations of Depart- ment of Veterans Affairs.

Sec.

406.

Plan for reduction of backlog of Freedom of Information Act requests.

Sec.

407.

Medal of Honor special pension technical correction.

Sec.

408.
Sec.

408.

Imposition of cap on employees of the Department of Veterans Affairs who provide equal employment opportunity counseling.

TITLE I—HEALTH CARE MATTERS Subtitle A—Access to Care SEC.

101.

EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME CARE FROM THE DEPART- MENT OF VETERANS AFFAIRS TO INCLUDE VETERANS OF WORLD WAR II.
(a) IN GENERAL.—Section 1710(a)(2)(E) of title 38, United States Code, is amended by striking ‘‘of the Mexican border period or of World War I;’’ and inserting ‘‘of— ‘‘(i) the Mexican border period; ‘‘(ii) World War I; or H. R. 2617—950 ‘‘(iii) World War II;’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on March 31, 2023.

SEC.

102.

DEPARTMENT OF VETERANS AFFAIRS TREATMENT AND RESEARCH OF PROSTATE CANCER.
(a) FINDINGS.—Congress makes the following findings: (1) Prostate cancer is the number one cancer diagnosed in the Veterans Health Administration.

(2) A 1996 report published by the National Academy of Sciences, Engineering, and Medicine established a link between prostate cancer and exposure to herbicides, such as Agent Orange.
(3) It is essential to acknowledge that due to these cir- cumstances, certain veterans are made aware that they are high-risk individuals when it comes to the potential to develop prostate cancer.

(4) In being designated as ‘‘high risk’’, it is essential that veterans are proactive in seeking earlier preventative clinical services for the early detection and successful treatment of prostate cancer, whether that be through the Veterans Health Administration or through a community provider.
(5) Clinical preventative services and initial detection are some of the most important components in the early detection of prostate cancer for veterans at high risk of prostate cancer.
(6) For veterans with prostate cancer, including prostate cancer that has metastasized, precision oncology, including bio- marker-driven clinical trials and innovations underway through the Prostate Cancer Foundation and Department of Veterans Affairs partnership, represents one of the most promising areas of interventions, treatments, and cures for such veterans and their families.
(b) ESTABLISHMENT OF CLINICAL PATHWAY.— (1) IN GENERAL.—Not later than 365 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an interdisciplinary clinical pathway for all stages of prostate cancer, from early detection to end of life care.
The clinical pathway shall be established in the National Surgery Office of the Department of Veterans Affairs in close collaboration with the National Program Office of Oncology, the Office of Research and Development, and other relevant entities of the Department, including Primary Care.
(2) ELEMENTS.—The national clinical pathway established under this subsection shall include the following elements: (A) A diagnosis pathway for prostate cancer that includes early screening and diagnosis protocol, including screening recommendations for veterans with evidence- based risk factors.
(B) A treatment pathway that details the respective roles of each office of the Department that will interact with veterans receiving prostate cancer care, including treatment protocol recommendations for veterans with evi- dence-based risk factors.

(C) Treatment recommendations for all stages of pros- tate cancer that reflect nationally recognized standards for oncology, including National Comprehensive Cancer Network guidelines.
xt> H. R. 2617—951 (D) A suggested protocol timeframe for each point of care, from early screening to treatment and end-of-life care, based on severity and stage of cancer.

(E) A plan that includes, as appropriate, both Depart- ment medical facilities and community-based partners and providers and research centers specializing in prostate cancer, especially such centers that have entered into part- nerships with the Department.
(3) COLLABORATION AND COORDINATION.—In establishing the clinical pathway required under this section, the Secretary may collaborate and coordinate with— (A) the National Institutes of Health; (B) the National Cancer Institute; (C) the National Institute on Minority Health and Health Disparities; (D) the Centers for Disease Control and Prevention; (E) the Centers for Medicare and Medicaid Services; (F) the Patient-Centered Outcomes Research Institute; (G) the Food and Drug Administration; (H) the Department of Defense; and (I) other Institutes and Centers as the Secretary deter- mines necessary.
(4) CONSULTATION REQUIREMENT.—In establishing the clin- ical pathway required under this section, the Secretary shall consult with, and incorporate feedback from, veterans who have received prostate cancer care at Department medical facilities as well as experts in multi-disciplinary cancer care and clinical research.
(5) PUBLICATION.—The Secretary shall— (A) publish the clinical pathway established under this subsection on a publicly available Department website; and (B) update the clinical pathway as needed by review of the medical literature and available evidence-based guidelines at least annually, in accordance with the criteria under paragraph (2).
(c) DEVELOPMENT OF COMPREHENSIVE PROSTATE CANCER PRO- GRAM AND IMPLEMENTATION OF THE PROSTATE CANCER CLINICAL PATHWAY.— (1) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a plan to establish a prostate cancer program using the comprehensive prostate cancer clinical pathway devel- oped under subsection (b).
(2) PROGRAM REQUIREMENTS.—The comprehensive prostate cancer program shall— (A) receive direct oversight from the Deputy Undersec- retary for Health of the Department of Veterans Affairs; (B) include a yearly program implementation evalua- tion to facilitate replication for other disease states or in other healthcare institutions; (C) be metric driven and include the development of biannual reports on the quality of prostate cancer care, which shall be provided to the leadership of the Depart- ment, medical centers, and providers and made publicly available in an electronic form; and (D) include an education plan for patients and pro- viders.
H. R. 2617—952 (3) PROGRAM IMPLEMENTATION EVALUATION.—The Sec- retary shall establish a program evaluation tool to learn best practices and to inform the Department and Congress regarding further use of the disease specific model of care delivery.
(4) PROSTATE CANCER RESEARCH.—The Secretary shall submit to Congress a plan that provides for continual funding through the Office of Research and Development of the Depart- ment of Veterans for supporting prostate cancer research designed to position the Department as a national resource for prostate cancer detection and treatment.
Such plan shall— (A) include details regarding the funding of and coordination between the National Precision Oncology Pro- gram of the Department and the PCF–VA Precision Oncology Centers of Excellence as related to the require- ments of this Act; and (B) affirm that no funding included in such funding plan is duplicative in nature.
(d) REPORT ON NATIONAL REGISTRY.—The Secretary of Veterans Affairs shall submit to Congress a report on the barriers and challenges associated with creating a national prostate cancer reg- istry.

Such report shall include recommendations for centralizing data about veterans with prostate cancer for the purpose of improving outcomes and serving as a resource for providers.
(e) DEFINITIONS.—In this section: (1) CLINICAL PATHWAY.—The term ‘‘clinical pathway’’ means a health care management tool designed around research and evidence-backed practices that provides direction for the clinical care and treatment of a specific episode of a condition or ail- ment.
(2) EVIDENCE-BASED RISK FACTORS.—The term ‘‘evidence- based risk factors’’ includes race, ethnicity, socioeconomic status, geographic location, exposure risks, genetic risks, including family history, and such other factors as the Secretary determines appropriate.

Subtitle B—Health Care Employees SEC.

111.


THIRD PARTY REVIEW OF APPOINTEES IN VETERANS HEALTH ADMINISTRATION WHO HAD A LICENSE TERMI- NATED FOR CAUSE AND NOTICE TO INDIVIDUALS TREATED BY THOSE APPOINTEES IF DETERMINED THAT AN EPISODE OF CARE OR SERVICES THAT THEY RECEIVED WAS BELOW THE STANDARD OF CARE.
(a) THIRD PARTY REVIEW.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract or other agreement with an organiza- tion that is not part of the Federal Government to conduct a clinical review for quality management of hospital care or medical services furnished by covered providers.
(2) QUALIFICATIONS.—The Secretary shall ensure that each review of a covered provider under this subsection is performed by an individual who is licensed in the same specialty as the covered provider.
(b) NOTICE TO PATIENTS TREATED BY COVERED PROVIDERS.— With respect to hospital care or medical services furnished by H. R. 2617—953 a covered provider under the laws administered by the Secretary, if a clinical review for quality management under subsection (a) determines that the standard of care was not met during an episode of care, the Secretary shall notify the individual who received such care or services from the covered provider as described in applicable policy of the Veterans Heath Administration.
(c) DEFINITIONS.—In this section: (1) COVERED PROVIDER.—The term ‘‘covered provider’’ means an individual who— (A) was appointed to the Veterans Health Administra- tion under section 7401 of title 38, United States Code; and (B) before such appointment, had a license terminated for cause by a State licensing board for hospital care or medical services provided in a facility that is not a facility of the Veterans Health Administration.
(2) HOSPITAL CARE OR MEDICAL SERVICES.—The terms ‘‘hos- pital care’’ and ‘‘medical services’’ have the meanings given those terms in section 1701 of title 38, United States Code.

SEC.

112.

COMPLIANCE WITH REQUIREMENTS FOR EXAMINING QUALI- FICATIONS AND CLINICAL ABILITIES OF HEALTH CARE PROFESSIONALS OF DEPARTMENT OF VETERANS AFFAIRS.

(a) IN GENERAL.—Subchapter I of chapter 74 of title 38, United States Code, is amended by adding at the end the following new section: ‘‘§ 7414.
Compliance with requirements for examining quali- fications and clinical abilities of health care profes- sionals ‘‘(a) COMPLIANCE WITH CREDENTIALING REQUIREMENTS.—The Secretary shall ensure that each medical center of the Department, in a consistent manner— ‘‘(1) compiles, verifies, and reviews documentation for each health care professional of the Department at such medical center regarding, at a minimum— ‘‘(A) the professional licensure, certification, or registra- tion of the health care professional; ‘‘(B) whether the health care professional holds a Drug Enforcement Administration registration; and ‘‘(C) the education, training, experience, malpractice history, and clinical competence of the health care profes- sional; and ‘‘(2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care profes- sional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients.
‘‘(b) REGISTRATION REGARDING CONTROLLED SUBSTANCES.—(1) Except as provided in paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration.

‘‘(2) The Secretary shall— ‘‘(A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 302(d) H. R. 2617—954 of the Controlled Substances Act (21 U.S.C.
822(d)) with respect to covered health care professionals; and ‘‘(B) establish a process for medical centers to request such waivers.
‘‘(3) In carrying out paragraph (1), the Secretary shall ensure that each medical center of the Department monitors the Drug Enforcement Administration registrations of covered health care professionals at such medical center in a manner that ensures the medical center is made aware of any change in status in the registration by not later than seven days after such change in status.
‘‘(4) If a covered health care professional does not hold an active Drug Enforcement Administration registration, the Secretary shall carry out any of the following actions, as the Secretary deter- mines appropriate: ‘‘(A) Obtain a waiver pursuant to paragraph (2).

‘‘(B) Transfer the health care professional to a position that does not require prescribing, dispensing, administering, or conducting research with controlled substances.
‘‘(C) Take appropriate actions under subchapter V of this chapter, with respect to an employee of the Department, or take appropriate contract administration actions, with respect to a contractor of the Department.
‘‘(c) REVIEWS OF CONCERNS RELATING TO QUALITY OF CLINICAL CARE.—(1) The Secretary shall ensure that each medical center of the Department, in a consistent manner, carries out— ‘‘(A) ongoing, retrospective, and comprehensive monitoring of the performance and quality of the health care delivered by each health care professional of the Department located at the medical center, including with respect to the safety of such care; and ‘‘(B) timely and documented reviews of such care if an individual notifies the Secretary of any potential concerns relating to a failure of a health care professional of the Depart- ment to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients.
‘‘(2) The Secretary shall establish a policy to carry out para- graph (1), including with respect to— ‘‘(A) determining the period by which a medical center of the Department must initiate the review of a concern described in subparagraph (B) of such paragraph following the date on which the concern is received; and ‘‘(B) ensuring the compliance of each medical center with such policy.
‘‘(d) COMPLIANCE WITH REQUIREMENTS FOR REPORTING QUALITY OF CARE CONCERNS.—If the Secretary substantiates a concern relating to the clinical competency of, or quality of care delivered by, a health care professional of the Department (including a former health care professional of the Department), the Secretary shall ensure that the appropriate medical center of the Department timely notifies the following entities of such concern, as appropriate: ‘‘(1) The appropriate licensing, registration, or certification body in each State in which the health care professional is licensed, registered, or certified.
‘‘(2) The Drug Enforcement Administration.

H. R. 2617—955 ‘‘(3) The National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42 U.S.C.

11101 et seq.).

‘‘(4) Any other relevant entity.
‘‘(e) PROHIBITION ON CERTAIN SETTLEMENT AGREEMENT TERMS.—(1) The Secretary may not enter into a settlement agree- ment relating to an adverse action against a health care professional of the Department if such agreement includes terms that require the Secretary to conceal from the personnel file of the employee a serious medical error or lapse in clinical practice that constitutes a substantial failure to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients.
‘‘(2) Nothing in paragraph (1) limits— ‘‘(A) the right of an employee to appeal a quality of care determination; or ‘‘(B) the rights of an employee under sections 1214 and 1221 of title 5.

‘‘(f) TRAINING.—Not less frequently than annually, the Secretary shall provide mandatory training on the following duties to employees of the Department who are responsible for performing such duties: ‘‘(1) Compiling, validating, or reviewing the credentials of health care professionals of the Department.
‘‘(2) Reviewing the quality of clinical care delivered by health care professionals of the Department.

‘‘(3) Taking adverse privileging actions or making deter- minations relating to other disciplinary actions or employment actions against health care professionals of the Department for reasons relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients.
‘‘(4) Making notifications under subsection (d).

‘‘(g) DEFINITIONS.—In this section: ‘‘(1) The term ‘controlled substance’ has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C.

802).
802).

‘‘(2) The term ‘covered health care professional’ means an individual employed in a position as a health care professional of the Department, or a contractor of the Department, that requires the individual to be authorized to prescribe, dispense, administer, or conduct research with, controlled substances.

‘‘(3) The term ‘Drug Enforcement Administration registra- tion’ means registration with the Drug Enforcement Adminis- tration under section 303 of the Controlled Substances Act (21 U.S.C.
823) 302 of the Controlled Substances Act (21 U.S.C.

822) by health care practitioners authorized to dispense, pre- scribe, administer, or conduct research with, controlled sub- stances.

‘‘(4) The term ‘health care professional of the Department’ means an individual working for the Department in a position described in section 7401 of this title, including a contractor of the Department serving in such a position.’’.
H. R. 2617—956 (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of such chapter is amended by inserting after the item relating to section 7413 the following new item: ‘‘7414.

Compliance with requirements for examining qualifications and clinical abili- ties of health care professionals.’’.
(c) DEADLINE FOR IMPLEMENTATION.—The Secretary of Veterans Affairs shall commence the implementation of section 7414 of title 38, United States Code, as added by subsection (a), by the following dates: (1) With respect to subsections (a), (c)(2), (d), and (f) of such section, not later than 180 days after the date of the enactment of this Act.

(2) With respect to subsection (c)(1) of such section, not later than one year after the date of the enactment of this Act.
(3) With respect to subsection (b)(2) of such section, not later than 18 months after the date of the enactment of this Act.

(d) AUDITS AND REPORTS.— (1) AUDITS.— (A) IN GENERAL.—The Secretary of Veterans Affairs shall carry out annual audits of the compliance of medical centers of the Department of Veterans Affairs with the matters required by section 7414 of title 38, United States Code, as added by subsection (a).
(B) CONDUCT OF AUDITS.—In carrying out audits under subparagraph (A), the Secretary— (i) may not authorize the medical center being audited to conduct the audit; and (ii) may enter into an agreement with another department or agency of the Federal Government or a nongovernmental entity to conduct such audits.
(2) REPORTS.— (A) IN GENERAL.—Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the audits conducted under paragraph (1).
(B) ELEMENTS.—Each report submitted under subpara- graph (A) shall include a summary of the compliance by each medical center of the Department of Veterans Affairs with the matters required by section 7414 of title 38, United States Code, as added by subsection (a).
(C) INITIAL REPORT.—The Secretary shall include in the first report submitted under subparagraph (A) the fol- lowing: (i) A description of the progress made by the Sec- retary in implementing section 7414 of title 38, United States Code, as added by subsection (a), including any matters under such section that the Secretary has not fully implemented.
(ii) An analysis of the feasibility, advisability, and cost of requiring credentialing employees of the Depart- ment to be trained by an outside entity and to maintain a credentialing certification.
H. R. 2617—957 (e) REPORT ON UPDATES TO POLICY OF THE DEPARTMENT OF VETERANS AFFAIRS FOR REPORTING PATIENT SAFETY CONCERNS TO APPROPRIATE STATE AND OTHER ENTITIES.— (1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the efforts of the Department of Veterans Affairs to update policies and practices for employees of medical centers of the Department, Veterans Integrated Service Networks, and the Veterans Health Administration to report to State licensing boards, the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42 U.S.C.
11101 et seq.

), and any other relevant entity health care professionals who are employed by or separated from employment with the Department and whose behavior and clinical practice so substantially failed to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients.
(2) CONSULTATION.—The report required by paragraph (1) shall include a description of the efforts of the Department to consult with— (A) State licensing boards; (B) the Centers for Medicare & Medicaid Services; (C) the National Practitioner Data Bank; and (D) the exclusive representative of employees of the Department appointed under section 7401(1) of title 38, United States Code.

Subtitle C—Care From Non-Department of Veterans Affairs Providers CHAPTER 1—WAIT TIMES FOR CARE SEC.

121.
121.

CALCULATION OF WAIT TIME FOR PURPOSES OF ELIGIBILITY UNDER VETERANS COMMUNITY CARE PROGRAM.
Section 1703(d) of title 38, United States Code, is amended by adding at the end the following new paragraph: ‘‘(4) In determining under paragraph (1)(D) whether the Depart- ment is able to furnish care or services in a manner that complies with designated access standards developed by the Secretary under section 1703B of this title, for purposes of calculating a wait time for a veteran to schedule an appointment at a medical facility of the Department, the Secretary shall measure from the date of request for the appointment, unless a later date has been agreed to by the veteran in consultation with a health care provider of the Department, to the first next available appointment date rel- evant to the requested medical service.’’.
SEC.

122.

PLAN REGARDING INFORMING VETERANS OF EXPECTED WAIT TIMES FOR APPOINTMENTS FOR CARE.
(a) IN GENERAL.—Not later than October 1, 2023, the Secretary of Veterans Affairs shall develop a plan to ensure that veterans eligible for care or services pursuant to section 1703(d)(1) of title 38, United States Code, including veterans making their own H. R. 2617—958 appointments using advanced technology, are informed of the expected number of days between the date on which the veteran requested care until— (1) the date on which the veteran will be able to receive care through a non-Department of Veterans Affairs provider under such section; (2) the date on which the veteran will be able to receive care through a provider of the Department; (3) the date on which— (A) the Department will schedule an appointment for care through a non-Department provider under such sec- tion; or (B) for veterans making their own appointments using advanced technology, the veteran would be able to schedule an appointment for care through a provider of the Depart- ment or through a non-Department provider under such section; (4) the date on which the Department will schedule an appointment for care through a provider of the Department.
(b) IMPLEMENTATION.—The Secretary shall implement the plan required under subsection (a) not later than three years after the date of the enactment of this Act.
(c) MATTERS TO BE INCLUDED.—The Secretary shall include in the plan required under subsection (a) a list of the information technology systems, contracting mechanisms, staff, legislative authorities, pilot programs, and other components that the Sec- retary determines necessary to implement the plan within the three- year implementation deadline under subsection (b), as well as their associated milestones and resource requirements.
(d) UPDATES.—Not less frequently than quarterly, the Secretary shall brief the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives and submit to those committees a report in writing regarding the status of the implementation of the plan required under subsection (a), to include an assessment of the progress of the Secretary in meeting the three-year implementation deadline under subsection (b).

CHAPTER 2—IMPROVEMENT OF PROVISION OF CARE SEC.


125.

MODIFICATIONS TO ACCESS STANDARDS FOR CARE FUR- NISHED THROUGH COMMUNITY CARE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) ACCESS STANDARDS.—Section 1703B of title 38, United States Code, is amended— (1) by striking subsections (f) and (g) and inserting the following: ‘‘(f)(1) Subject to paragraph (3), the Secretary shall meet the access standards established under subsection (a) when furnishing hospital care, medical services, or extended care services to a cov- ered veteran under section 1703 of this title and shall ensure that meeting such access standards is reflected in the contractual requirements of Third Party Administrators.
‘‘(2) The Secretary shall ensure that health care providers speci- fied under section 1703(c) of this title are able to comply with the access standards established under subsection (a) for such pro- viders.
H. R. 2617—959 ‘‘(3)(A) A Third Party Administrator may request a waiver to the requirement under this subsection to meet the access stand- ards established under subsection (a) if— ‘‘(i)(I) the scarcity of available providers or facilities in the region precludes the Third Party Administrator from meeting those access standards; or ‘‘(II) the landscape of providers or facilities has changed, and certain providers or facilities are not available such that the Third Party Administrator is not able to meet those access standards; and ‘‘(ii) to address the scarcity of available providers or the change in the provider or facility landscape, as the case may be, the Third Party Administrator has contracted with other providers or facilities that may not meet those access standards but are the currently available providers or facilities most accessible to veterans within the region of responsibility of the Third Party Administrator.
‘‘(B) Any waiver requested by a Third Party Administrator under subparagraph (A) must be requested in writing and submitted to the Office of Integrated Veteran Care of the Department for approval by that office.
‘‘(C) As part of any waiver request under subparagraph (A), a Third Party Administrator must include conclusive evidence and documentation that the access standards established under sub- section (a) cannot be met because of scarcity of available providers or changes to the landscape of providers or facilities.
‘‘(D) In evaluating a waiver request under subparagraph (A), the Secretary shall consider the following: ‘‘(i) The number and geographic distribution of eligible health care providers available within the geographic area and specialty referenced in the waiver request.
‘‘(ii) The prevailing market conditions within the geographic area and specialty referenced in the waiver request, which shall include the number and distribution of health care pro- viders contracting with other health care plans (including commercial plans and the Medicare program under title XVIII of the Social Security Act (42 U.S.C.

1395 et seq.))

operating in the geographic area and specialty referenced in the waiver request.
‘‘(iii) Whether the service area is comprised of highly rural, rural, or urban areas or some combination of such areas.

‘‘(iv) How significantly the waiver request differs from the access standards established under subsection (a).

‘‘(v) The rates offered to providers in the geographic area covered by the waiver.

‘‘(E) The Secretary shall not consider inability to contract as a valid sole rationale for granting a waiver under subparagraph (A).
‘‘(g)(1) The Secretary shall publish in the Federal Register and on a publicly available internet website of the Department the designated access standards established under this section for purposes of section 1703(d)(1)(D) of this title.
‘‘(2) The Secretary shall publish on a publicly available internet website of the Department the access standards established under subsection (a).’’; and (2) in subsection (i), by adding at the end the following new paragraphs: H. R. 2617—960 ‘‘(3) The term ‘inability to contract’, with respect to a Third Party Administrator, means the inability of the Third Party Administrator to successfully negotiate and establish a commu- nity care network contract with a provider or facility.
‘‘(4) The term ‘Third Party Administrator’ means an entity that manages a provider network and performs administrative services related to such network within the Veterans Commu- nity Care Program under section 1703 of this title.’’.
(b) PREVENTION OF SUSPENSION OF VETERANS COMMUNITY CARE PROGRAM.—Section 1703(a) of such title is amended by adding at the end the following new paragraph: ‘‘(4) Nothing in this section shall be construed to authorize the Secretary to suspend the program established under paragraph (1).’’.

SEC.

126.

STRATEGIC PLAN TO ENSURE CONTINUITY OF CARE IN THE CASE OF THE REALIGNMENT OF A MEDICAL FACILITY OF THE DEPARTMENT.
(a) SENSE OF CONGRESS.—It is the sense of Congress that the Veterans Health Administration should ensure that veterans do not experience a lapse of care when transitioning in receiving care due to the realignment of a medical facility of the Department of Veterans Affairs.
(b) DEVELOPMENT OF STRATEGIC PLAN.— (1) IN GENERAL.—The Secretary of Veterans Affairs, acting through the Office of Integrated Veteran Care, the Chief Strategy Office, the Office of Asset Enterprise Management, or any successor office that has similar and related functions, shall develop and periodically update a strategic plan to ensure continuity of health care through care furnished at a facility of the Department or through the Community Care Program for veterans impacted by the realignment of a medical facility of the Department.
(2) ELEMENTS.—The strategic plan required under para- graph (1) shall include, at a minimum, the following: (A) An assessment of the progress of the Department in identifying impending realignments of medical facilities of the Department and the impact of such realignments on access of veterans to care, including any impact on the network of health care providers under the Community Care Program.
(B) The progress of the Department in establishing operated sites of care and related activities to address the impact of such a realignment.

(C) An outline of collaborative actions and processes the Department can take to address potential gaps in health care created by such a realignment, including actions and processes to be taken by the Office of Integrated Veteran Care, the Chief Strategy Office, and the Office of Asset Enterprise Management of the Department.
(D) A description of how the Department can identify to Third Party Administrators changes in the catchment areas of medical facilities to be realigned and develop a process with Third Party Administrators to strengthen pro- vider coverage in advance of such realignments.
(3) SUBMITTAL TO CONGRESS.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary H. R. 2617—961 for Health of the Department shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Vet- erans’ Affairs of the House of Representatives the plan devel- oped under paragraph (1).
(c) DEFINITIONS.—In this section: (1) COMMUNITY CARE PROGRAM.—The term ‘‘Community Care Program’’ means the Veterans Community Care Program under section 1703 of title 38, United States Code.
(2) REALIGNMENT.—The term ‘‘realignment’’, with respect to a facility of the Department of Veterans Affairs, includes— (A) any action that changes the number of facilities or relocates services, functions, or personnel positions; and (B) strategic collaborations between the Department and non-Federal Government entities, including tribal organizations and Urban Indian Organizations.
(3) THIRD PARTY ADMINISTRATOR.—The term ‘‘Third Party Administrator’’ means an entity that manages a provider net- work and performs administrative services related to such net- work within the Veterans Community Care Program under section 1703 of title 38, United States Code.

(4) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

5304).
5304).

(5) URBAN INDIAN ORGANIZATION.—The term ‘‘Urban Indian Organization’’ has the meaning given that term in section 4 of the Indian Health Care Improvement Act (25 U.S.C.

1603).

CHAPTER 3—COMMUNITY CARE SELF-SCHEDULING PILOT PROGRAM SEC.

131.

DEFINITIONS.
131.

DEFINITIONS.

In this chapter: (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means— (A) the Committee on Veterans’ Affairs and the Com- mittee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Com- mittee on Appropriations of the House of Representatives.

(2) COVERED VETERAN.—The term ‘‘covered veteran’’ means a covered veteran under section 1703(b) of title 38, United States Code.
(3) PILOT PROGRAM.—The term ‘‘pilot program’’ means the pilot program required under section 132(a).

(4) VETERANS COMMUNITY CARE PROGRAM.—The term ‘‘Vet- erans Community Care Program’’ means the program to furnish hospital care, medical services, and extended care services to covered veterans under section 1703 of title 38, United States Code.

SEC.

132.

PILOT PROGRAM ESTABLISHING COMMUNITY CARE APPOINTMENT SELF-SCHEDULING TECHNOLOGY.
(a) PILOT PROGRAM.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program under which covered veterans eligible for hospital care, medical services, or extended care services under subsection (d)(1) of section 1703 of title 38, United States H. R. 2617—962 Code, may use a technology that has the capabilities specified in section 133(a) to schedule and confirm medical appointments with health care providers participating in the Veterans Community Care Program.
(b) EXPANSION OR DEVELOPMENT OF NEW TECHNOLOGY.—In carrying out the pilot program, the Secretary may expand capabili- ties of an existing appointment self-scheduling technology of the Department of Veterans Affairs or purchase a new appointment self-scheduling technology.
(c) COMPETITION.—In contracting for the expansion of capabili- ties of an existing appointment self-scheduling technology of the Department or the purchase of a new appointment self-scheduling technology under the pilot program, the Secretary shall comply with section 3301 of title 41, United States Code, and award any such contract not later than 270 days after the date of the enact- ment of this Act.
(d) SELECTION OF LOCATIONS.—The Secretary shall select not fewer than two Veterans Integrated Services Networks of the Department in which to carry out the pilot program.

(e) DURATION OF PILOT PROGRAM.— (1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall carry out the pilot program for an 18-month period.
(2) EXTENSION.—The Secretary may extend the duration of the pilot program and may expand the selection of Veterans Integrated Services Networks under subsection (d) if the Sec- retary determines that the pilot program is reducing the wait times of veterans seeking hospital care, medical services, or extended care services under the Veterans Community Care Program.
(f) OUTREACH.—The Secretary shall ensure that veterans participating in the Veterans Community Care Program in Veterans Integrated Services Networks in which the pilot program is being carried out are informed about the pilot program.

SEC.

133.

APPOINTMENT SELF-SCHEDULING CAPABILITIES.


(a) IN GENERAL.—The Secretary of Veterans Affairs shall ensure that the appointment self-scheduling technology used in the pilot program includes the following capabilities: (1) Capability to self-schedule, modify, and cancel appoint- ments directly online for primary care, specialty care, and mental health care under the Veterans Community Care Pro- gram with regard to each category of eligibility under section 1703(d)(1) of title 38, United States Code.
(2) Capability to support appointments for the provision of health care under the Veterans Community Care Program regardless of whether such care is provided in person or through telehealth services.

(3) Not fewer than two of the following capabilities: (A) Capability to view appointment availability in real time to the extent practicable.
(B) Capability to load relevant patient information from the Decision Support Tool of the Department or any other information technology system of the Department used to determine the eligibility of veterans for health care under section 1703(d)(1) of title 38, United States Code.

H. R. 2617—963 (C) Capability to search for providers and facilities participating in the Veterans Community Care Program based on distance from the residential address of a veteran.
(D) Capability to filter provider results by clinical expertise, ratings, reviews, sex, languages spoken, and other criteria as determined by the Secretary.

(E) Capability to provide telephonic and electronic con- tact information for all such providers that do not offer online scheduling at the time.

(F) Capability to store and print authorization letters for veterans for health care under the Veterans Community Care Program.
(G) Capability to provide prompts or reminders to vet- erans to schedule initial appointments or follow-up appoint- ments.

(H) Capability to be used 24 hours per day, seven days per week.

(I) Capability to ensure veterans who self-schedule appointments through the appointment self-scheduling technology have scheduled such appointment with a pro- vider possessing the required specialty and clinical exper- tise.
(J) Capability to integrate with the Veterans Health Information Systems and Technology Architecture of the Department and the health record deployed by the Elec- tronic Health Record Modernization program, or any suc- cessor information technology system or health record of the Department.

(K) Capability to integrate with information technology systems of Third Party Administrators.
(b) INDEPENDENT VALIDATION AND VERIFICATION.— (1) IN GENERAL.—The Comptroller General of the United States shall evaluate whether the appointment self-scheduling technology used in the pilot program includes the capabilities required under subsection (a) and successfully performs such capabilities.
(2) BRIEFING.—Not later than 30 days after the date on which the Comptroller General completes the evaluation under paragraph (1), the Comptroller General shall brief the appro- priate congressional committees on such evaluation.
(c) CERTIFICATION.—Not later than 18 months after commence- ment of the pilot program, the Secretary shall certify to the Com- mittee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives whether the appointment self-scheduling technology used in the pilot program and any other patient self-scheduling technology developed or used by the Department of Veterans Affairs to schedule appointments under the Veterans Community Care Program as of the date of the certification includes the capabilities required under subsection (a).
(d) THIRD PARTY ADMINISTRATOR DEFINED.—In this section, the term ‘‘Third Party Administrator’’ means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Program under section 1703 of title 38, United States Code.

SEC.

134.

REPORT.
H. R. 2617—964 Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report that includes— (1) an assessment by the Secretary of the pilot program during the 180-day period preceding the date of the report, including— (A) the cost of the pilot program; (B) the volume of usage of the appointment self-sched- uling technology under the pilot program; (C) the quality of the pilot program; (D) patient satisfaction with the pilot program; (E) benefits to veterans of using the pilot program; (F) the feasibility of allowing self-scheduling for dif- ferent specialties under the pilot program; (G) participation in the pilot program by health care providers under the Veterans Community Care Program; and (H) such other findings and conclusions with respect to the pilot program as the Secretary considers appropriate; and (2) such recommendations as the Secretary considers appro- priate regarding— (A) extension of the pilot program to other or all Vet- erans Integrated Service Networks of the Department of Veterans Affairs; and (B) making the pilot program permanent.
CHAPTER 4—ADMINISTRATION OF NON-DEPARTMENT CARE SEC.

141.

CREDENTIALING VERIFICATION REQUIREMENTS FOR PRO- VIDERS OF NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE SERVICES.

(a) CREDENTIALING VERIFICATION REQUIREMENTS.— (1) IN GENERAL.—Subchapter I of chapter 17 of title 38, United States Code, is amended by inserting after section 1703E the following new section: ‘‘§ 1703F.
Credentialing verification requirements for pro- viders of non-Department health care services ‘‘(a) IN GENERAL.—The Secretary shall ensure that Third Party Administrators and credentials verification organizations comply with the requirements specified in subsection (b) to help ensure certain health care providers are excluded from providing non- Department health care services.
‘‘(b) REQUIREMENTS SPECIFIED.—The Secretary shall require Third Party Administrators and credentials verification organiza- tions to carry out the following: ‘‘(1) Hold and maintain an active credential verification accreditation from a national health care accreditation body.
‘‘(2) Conduct initial verification of provider history and license sanctions for all States and United States territories for a period of time— ‘‘(A) that includes the period before the provider began providing non-Department health care services; and H. R. 2617—965 ‘‘(B) dating back not less than 10 years.

‘‘(3) Not less frequently than every three years, perform recredentialing, including verifying provider history and license sanctions for all States and United States territories.
‘‘(4) Implement continuous monitoring of each provider through the National Practitioner Data Bank established pursu- ant to the Health Care Quality Improvement Act of 1986 (42 U.S.C.

11101 et seq.).

‘‘(5) Perform other forms of credentialing verification as the Secretary considers appropriate.
‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘credentials verification organization’ means an entity that manages the provider credentialing process and performs credentialing verification for non-Department pro- viders that participate in the Veterans Community Care Pro- gram under section 1703 of this title through a Veterans Care Agreement.
‘‘(2) The term ‘Third Party Administrator’ means an entity that manages a provider network and performs administrative services related to such network within the Veterans Commu- nity Care Program under section 1703 of this title.

‘‘(3) The term ‘Veterans Care Agreement’ means an agree- ment for non-Department health care services entered into under section 1703A of this title.
‘‘(4) The term ‘non-Department health care services’ means services— ‘‘(A) provided under this subchapter at non-Department facilities (as defined in section 1701 of this title); ‘‘(B) provided under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113– 146; 38 U.S.C.
1701 note); ‘‘(C) purchased through the Medical Community Care account of the Department; or ‘‘(D) purchased with amounts deposited in the Veterans Choice Fund under section 802 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113– 146; 38 U.S.C.

1701 note).’’.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1703E the following new item: ‘‘1703F.
Credentialing verification requirements for providers of non-Department health care services.’’.

(b) DEADLINE FOR IMPLEMENTATION.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence the implementation of section 1703F of title 38, United States Code, as added by subsection (a)(1).

SEC.

142.

CLAIMS FOR PAYMENT FROM DEPARTMENT OF VETERANS AFFAIRS FOR EMERGENCY TREATMENT FURNISHED TO VETERANS.
(a) TREATMENT FOR NON-SERVICE-CONNECTED DISABILITIES.— (1) IN GENERAL.—Section 1725 of title 38, United States Code, is amended— (A) by redesignating subsection (f) as subsection (h); and (B) by inserting after subsection (e) the following new subsections (f) and (g): H. R. 2617—966 ‘‘(f) SUBMITTAL OF CLAIMS FOR DIRECT PAYMENT.—An individual or entity seeking payment under subsection (a)(2) for treatment provided to a veteran in lieu of reimbursement to the veteran shall submit a claim for such payment not later than 180 days after the latest date on which such treatment was provided.
‘‘(g) HOLD HARMLESS.—No veteran described in subsection (b) may be held liable for payment for emergency treatment described in such subsection if— ‘‘(1) a claim for direct payment was submitted by an indi- vidual or entity under subsection (f); and ‘‘(2) such claim was submitted after the deadline estab- lished by such subsection due to— ‘‘(A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency, under the wrong reimbursement authority (such as section 1728 of this title), or submission of the claim after the deadline; or ‘‘(B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim.’’.
(b) TREATMENT FOR AND IN CONNECTION WITH SERVICE-CON- NECTED DISABILITIES.—Section 1728 of such title is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new sub- section (c): ‘‘(c) No veteran described in subsection (a) may be held liable for payment for emergency treatment described in such subsection if— ‘‘(1) a claim for direct payment was submitted by an indi- vidual or entity under subsection (b)(2); and ‘‘(2) such claim was submitted after a deadline established by the Secretary for purposes of this section due to— ‘‘(A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency or submission of the claim after the dead- line; or ‘‘(B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim.’’.
(c) CONFORMING AMENDMENTS.—Such title is amended— (1) in section 1705A(d), by striking ‘‘section 1725(f)’’ and inserting ‘‘section 1725(h)’’; (2) in section 1725(b)(3)(B), by striking ‘‘subsection (f)(2)(B) or (f)(2)(C)’’ and inserting ‘‘subsection (h)(2)(B) or (h)(2)(C)’’; (3) in section 1728(d), as redesignated by subsection (b)(4), ‘‘section ‘‘section 1725(f)(1)’’ and inserting by striking 1725(h)(1)’’; (4) in section 1781(a)(4), by striking ‘‘section 1725(f)’’ and inserting ‘‘section 1725(h)’’; and (5) in section 1787(b)(3), by striking ‘‘section 1725(f)’’ and inserting ‘‘section 1725(h)’’.
SEC.

143.

PUBLICATION OF CLARIFYING INFORMATION FOR NON- DEPARTMENT OF VETERANS AFFAIRS PROVIDERS.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall pub- lish on one or more publicly available internet websites of the Department of Veterans Affairs, including the main internet website H. R. 2617—967 regarding emergency care authorization for non-Department pro- viders, the following information: (1) A summary table or similar resource that provides a list of all authorities of the Department to authorize emer- gency care from non-Department providers and, for each such authority, the corresponding deadline for submission of claims.
(2) An illustrated summary of steps, such as a process map, with a checklist for the submission of clean claims that non-Department providers can follow to assure compliance with the claims-filing process of the Department.

(3) Contact information for the appropriate office or service line of the Department to address process questions from non- Department providers.
(b) PERIODIC REVIEW.—Not less frequently than once every 180 days, the Secretary shall review the information published under subsection (a) to ensure that such information is current.

(c) CLEAN CLAIMS DEFINED.—In this section, the term ‘‘clean claims’’ means clean electronic claims and clean paper claims (as those terms are defined in section 1703D(i) of title 38, United States Code).

SEC.

144.

INAPPLICABILITY OF CERTAIN PROVIDERS TO PROVIDE NON- DEPARTMENT OF VETERANS AFFAIRS CARE.
Section 108 of the VA MISSION Act of 2018 (Public Law 115–182; 38 U.S.C.
1701 note) is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new sub- section (d): ‘‘(d) APPLICATION.—The requirement to deny or revoke the eligi- bility of a health care provider to provide non-Department health care services to veterans under subsection (a) shall apply to any removal under paragraph (1) of such subsection or violation under paragraph (2) of such subsection that occurred on or after a date determined by the Secretary that is not less than five years before the date of the enactment of this Act.’’.
Subtitle D—Improvement of Rural Health and Telehealth SEC.

151.

ESTABLISHMENT OF STRATEGIC PLAN REQUIREMENT FOR OFFICE OF CONNECTED CARE OF DEPARTMENT OF VET- ERANS AFFAIRS.

(a) FINDINGS.—Congress makes the following findings: (1) The COVID–19 pandemic caused the Department of Veterans Affairs to exponentially increase telehealth and vir- tual care modalities, including VA Video Connect, to deliver health care services to veteran patients.
(2) Between January 2020 and January 2021, the number of telehealth appointments offered by the Department increased by 1,831 percent.

(3) The Department maintains strategic partnerships, such as the Digital Divide Consult, with a goal of ensuring veterans who reside in rural, highly rural, or medically underserved areas have access to high-quality telehealth services offered by the Department.
H. R. 2617—968 (4) As of 2019, veterans who reside in rural and highly rural areas make up approximately 1⁄3 of veteran enrollees in the patient enrollment system, and are on average, older than their veteran peers in urban areas, experience higher degrees of financial instability, and live with a greater number of complex health needs and comorbidities.

(5) The Federal Communications Commission estimated in 2020 that 15 percent of veteran households do not have an internet connection.
(6) Under the Coronavirus Aid, Relief, and Economic Secu- rity Act (Public Law 116–136), Congress granted the Depart- ment additional authority to enter into short-term agreements or contracts with private sector telecommunications companies to provide certain broadband services for the purposes of pro- viding expanded mental health services to isolated veterans through telehealth or VA Video Connect during a public health emergency.
(7) The authority described in paragraph (6) was not uti- lized to the fullest extent by the Department.

(8) Though the Department has made significant progress in expanding telehealth services offered to veterans who are enrolled in the patient enrollment system, significant gaps still exist to ensure all veterans receive equal and high-quality access to virtual care.
(9) Questions regarding the efficacy of using telehealth for certain health care services and specialties remain, and should be further studied.

(10) The Department continues to expand telehealth and virtual care offerings for primary care, mental health care, specialty care, urgent care, and even remote intensive care units.
(b) SENSE OF CONGRESS.—It is the sense of Congress that the telehealth services offered by the Department of Veterans Affairs should be routinely measured and evaluated to ensure the telehealth technologies and modalities delivered to veteran patients to treat a wide variety of health conditions are as effective as in-person treatment for primary care, mental health care, and other forms of specialty care.
(c) DEVELOPMENT OF STRATEGIC PLAN.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Office of Connected Care of the Department of Veterans Affairs, shall develop a strategic plan to ensure the effectiveness of the telehealth technologies and modalities delivered by the Department to veterans who are enrolled in the patient enrollment system.
(2) UPDATE.— (A) IN GENERAL.—The Secretary shall update the stra- tegic plan required under paragraph (1) not less frequently than once every three years following development of the plan.

(B) CONSULTATION.—The Secretary shall prepare any update required under subparagraph (A) in consultation with the following: (i) The Chief Officer of the Office of Connected Care of the Department.

H. R. 2617—969 (ii) The Executive Director of Telehealth Services of the Office of Connected Care.
(iii) The Executive Director of Connected Health of the Office of Connected Care.

(iv) The Executive Director of the Office of Rural Health of the Department.

(v) The Executive Director of Solution Delivery, IT Operations and Services of the Office of Information and Technology of the Department.
(3) ELEMENTS.—The strategic plan required under para- graph (1), and any update to that plan under paragraph (2), shall include, at a minimum, the following: (A) A comprehensive list of all health care specialties the Department is currently delivering by telehealth or virtual care.

(B) An assessment of the effectiveness and patient outcomes for each type of health care specialty delivered by telehealth or virtual care by the Department.
(C) An assessment of satisfaction of veterans in receiving care disaggregated by age group and by Veterans Integrated Service Network.

telehealth or virtual through care (D) An assessment of the percentage of virtual visits delivered by the Department through each modality including standard telephone telehealth, VA Video Connect, and the Accessing Telehealth through Local Area Stations program of the Department.
(E) An outline of all current partnerships maintained by the Department to bolster telehealth or virtual care services for veterans.

(F) An assessment of the barriers faced by the Depart- ment in delivering telehealth or virtual care services to veterans residing in rural and highly rural areas, and the strategies the Department is deploying beyond pur- chasing hardware for veterans who are enrolled in the patient enrollment system.
(G) A detailed plan illustrating how the Department is working with other Federal agencies, including the Department of Health and Human Services, the Depart- ment of Agriculture, the Federal Communications Commis- sion, and the National Telecommunications and Informa- tion Administration, to enhance connectivity in rural, highly rural, and medically underserved areas to better reach all veterans.
(H) The feasibility and advisability of partnering with Federally qualified health centers, rural health clinics, and critical access hospitals to fill the gap for health care serv- ices that exists for veterans who reside in rural and highly rural areas.

(I) An evaluation of the number of veterans who are enrolled in the patient enrollment system who have pre- viously received care under the Veterans Community Care Program under section 1703 of title 38, United States Code.
(d) SUBMITTAL TO CONGRESS.—Not later than 180 days after the development of the strategic plan under paragraph (1) of sub- section (c), and not later than 180 days after each update under paragraph (2) of such subsection thereafter, the Secretary shall H. R. 2617—970 submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (1) The completed strategic plan or update, as the case may be.
(2) An identification of areas of improvement by the Depart- ment in the delivery of telehealth and virtual care services to veterans who are enrolled in the patient enrollment system, with a timeline for improvements to be implemented.

(e) DEFINITIONS.— (1) PATIENT ENROLLMENT SYSTEM.—The term ‘‘patient enrollment system’’ means the system of annual patient enroll- ment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code.
(2) RURAL; HIGHLY RURAL.—The terms ‘‘rural’’ and ‘‘highly rural’’ have the meanings given those terms in the Rural- Urban Commuting Areas coding system of the Department of Agriculture.

(3) VA VIDEO CONNECT.—The term ‘‘VA Video Connect’’ means the program of the Department of Veterans Affairs to connect veterans with their health care team from anywhere, using encryption to ensure a secure and private connection.

SEC.

152.
SEC.

152.

COMPTROLLER GENERAL REPORT ON TRANSPORTATION SERVICES BY THIRD PARTIES FOR RURAL VETERANS.

(a) REPORT REQUIRED.—Not later than 540 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the program the establishment of which was facilitated under section 111A(b) of title 38, United States Code.
(b) CONTENTS.—The report submitted under subsection (a) shall include the following: (1) A description of the program described in such sub- section, including descriptions of the following: (A) The purpose of the program.

(B) The activities carried out under the program.

(2) An assessment of the sufficiency of the program with respect to the purpose of the program.

(3) An assessment of the cost effectiveness of the program in comparison to alternatives.
(4) An assessment of the health benefits for veterans who have participated in the program.

(5) An assessment of the sufficiency of staffing of employees of the Department of Veterans Affairs who are responsible for facilitating the maintenance of the program.

(6) An assessment, with respect to the purpose of the program, of the number of vehicles owned by and operating in conjunction with the program.

(7) An assessment of the awareness and usage of the pro- gram by veterans and their families.
(8) An assessment of other options for transportation under the program, such as local taxi companies and ridesharing programs such as Uber and Lyft.

H. R. 2617—971 SEC.

153.

COMPTROLLER GENERAL REPORT ON TELEHEALTH SERV- ICES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on telehealth services provided by the Department of Veterans Affairs.
(b) ELEMENTS.—The report required by subsection (a) shall include an assessment of the following: (1) The telehealth and virtual health care programs of the Department of Veterans Affairs, including VA Video Con- nect.

(2) The challenges faced by the Department in delivering telehealth and virtual health care to veterans who reside in rural and highly rural areas due to lack of connectivity in many rural areas.
(3) Any mitigation strategies used by the Department to overcome connectivity barriers for veterans who reside in rural and highly rural areas.

(4) The partnerships entered into by the Office of Connected Care of the Department in an effort to bolster telehealth serv- ices.

(5) The extent to which the Department has examined the effectiveness of health care services provided to veterans through telehealth in comparison to in-person treatment.
(6) Satisfaction of veterans with respect to the telehealth services provided by the Department.

(7) The use by the Department of telehealth appointments in comparison to referrals to care under the Veterans Commu- nity Care Program under section 1703 of title 38, United States Code.

(8) Such other areas as the Comptroller General considers appropriate.

Subtitle E—Care for Aging Veterans SEC.

161.

STRATEGY FOR LONG-TERM CARE FOR AGING VETERANS.


(a) IN GENERAL.—The Secretary of Veterans Affairs shall develop a strategy for the long-term care of veterans.
(b) ELEMENTS.—The strategy developed under subsection (a) shall— (1) identify current and future needs for the long-term care of veterans based on demographic data and availability of services both from the Department of Veterans Affairs and from non-Department providers in the community, include other Federal Government, non-Federal Government, nonprofit, for profit, and other entities; (2) identify the current and future needs of veterans for both institutional and non-institutional long-term care (for example, home-based and community-based services), taking into account the needs of growing veteran population groups, including women veterans, veterans with traumatic brain injury, veterans with memory loss, and other population groups with unique needs; and H. R. 2617—972 (3) address new and different care delivery models, including by— (A) assessing the implications of such models for the design of facilities and how those facilities may need to change; (B) examining the workforce needed to support aging populations of veterans as they grow and receive long- term care through different trends of care delivery; and (C) considering the feasibility and advisability of imple- menting a veteran-focused independent provider model for non-institutional care.
(c) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the strategy developed under subsection (a).

SEC.

162.

IMPROVEMENT OF STATE VETERANS HOMES.

(a) STANDARDIZED SHARING AGREEMENTS.—The Secretary of Veterans Affairs shall develop a standardized process throughout the Department of Veterans Affairs for entering into sharing agree- ments between State homes and medical centers of the Department.
(b) PROVISION OF MEDICATION TO CATASTROPHICALLY DISABLED VETERANS.—Section 1745(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3) Any veteran who has been determined by the Secretary to be catastrophically disabled, as defined in section 17.36(e) of title 38, Code of Federal Regulations, or successor regula- tions, and on whose behalf the Secretary is paying a per diem for nursing home or domiciliary care in a State home under this chapter.’’.
(c) OVERSIGHT OF INSPECTIONS.— (1) MONITORING.—The Secretary shall monitor any con- tractor used by the Department to conduct inspections of State homes, including by reviewing the inspections conducted by each such contractor for quality not less frequently than quar- terly.

(2) REPORTING OF DEFICIENCIES.—The Secretary shall require that any deficiencies of a State home noted during the inspection of the State home be reported to the Secretary.
(3) TRANSPARENCY.—The Secretary shall publish the results of any inspection of a State home, and any associated corrective actions planned by the State home, on a publicly available internet website of the Department.

(d) STATE HOME DEFINED.—In this section, the term ‘‘State home’’ has the meaning given that term in section 101(19) of title 38, United States Code.

SEC.

163.

GERIATRIC PSYCHIATRY PILOT PROGRAM AT STATE VET- ERANS HOMES.
(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program under which the Secretary shall provide geriatric psychiatry assistance to eligible veterans at State homes.

(b) DURATION.—The Secretary shall carry out the pilot program under this section for a two-year period.
(c) TYPE OF ASSISTANCE.—Assistance provided under the pilot program under this section may include— H. R. 2617—973 (1) direct provision of geriatric psychiatry services, including health care if feasible; (2) payments to non-Department of Veterans Affairs pro- viders in the community to provide such services; (3) collaboration with other Federal agencies to provide such services; or (4) such other forms of assistance as the Secretary considers appropriate.
(d) CONSIDERATION OF LOCAL AREA NEEDS.—In providing assistance under the pilot program under this section, the Secretary shall consider the geriatric psychiatry needs of the local area, including by considering— (1) State homes with a high proportion of residents with unmet mental health needs; (2) State homes located in mental health care health profes- sional shortage areas designated under section 332 of the Public Health Service Act (42 U.S.C.
254e); or (3) State homes located in rural or highly rural areas.

(e) DEFINITIONS.—In this section, the terms ‘‘State home’’ and ‘‘veteran’’ have the meanings given those terms in section 101 of title 38, United States Code.

SEC.

164.

SUPPORT FOR AGING VETERANS AT RISK OF OR EXPERI- ENCING HOMELESSNESS.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall work with public housing authorities and local organizations to assist aging homeless veterans in accessing existing housing and sup- portive services, including health services like home-based and community-based services from the Department of Veterans Affairs or from non-Department providers in the community.
(b) PAYMENT FOR SERVICES.—The Secretary may, and is encour- aged to, pay for services for aging homeless veterans described in subsection (a).

SEC.

165.

SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR PAYMENT OF CARE FOR VETERANS IN NON-DEPART- MENT OF VETERANS AFFAIRS MEDICAL FOSTER HOMES.
(a) AUTHORITY.— (1) IN GENERAL.—Section 1720 of title 38, United States Code, is amended by adding at the end the following new subsection: ‘‘(h)(1) During the five-year period beginning on the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, and subject to paragraph (3)— ‘‘(A) at the request of a veteran for whom the Secretary is required to provide nursing home care under section 1710A of this title, the Secretary may place the veteran in a medical foster home that meets Department standards, at the expense of the United States, pursuant to a contract, agreement, or other arrangement entered into between the Secretary and the medical foster home for such purpose; and ‘‘(B) the Secretary may pay for care of a veteran placed in a medical foster home before such date of enactment, if the home meets Department standards, pursuant to a contract, agreement, or other arrangement entered into between the Secretary and the medical foster home for such purpose.
H. R. 2617—974 ‘‘(2) A veteran on whose behalf the Secretary pays for care in a medical foster home under paragraph (1) shall agree, as a condition of such payment, to accept home health services furnished by the Secretary under section 1717 of this title.
‘‘(3) In any year, not more than a daily average of 900 veterans receiving care in a medical foster home, whether placed before, on, or after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, may have their care covered at the expense of the United States under paragraph (1).
‘‘(4) The prohibition under section 1730(b)(3) of this title shall not apply to a veteran whose care is covered at the expense of the United States under paragraph (1).

‘‘(5) In this subsection, the term ‘medical foster home’ means a home designed to provide non-institutional, long-term, supportive care for veterans who are unable to live independently and prefer a family setting.’’.
(2) EFFECTIVE DATE.—Subsection (h) of section 1720 of title 38, United States Code, as added by paragraph (1), shall take effect 90 days after the date of the enactment of this Act.
(b) ONGOING MONITORING OF MEDICAL FOSTER HOME PRO- GRAM.— (1) IN GENERAL.—The Secretary of Veterans Affairs shall create a system to monitor and assess the workload for the Department of Veterans Affairs in carrying out the authority under section 1720(h) of title 38, United States Code, as added by subsection (a)(1), including by tracking— (A) requests by veterans to be placed in a medical foster home under such section; (B) denials of such requests, including the reasons for such denials; (C) the total number of medical foster homes applying to participate under such section, disaggregated by those approved and those denied approval by the Department to participate; (D) veterans receiving care at a medical foster home at the expense of the United States; and (E) veterans receiving care at a medical foster home at their own expense.
(2) REPORT.—Based on the monitoring and assessments conducted under paragraph (1), the Secretary shall identify and submit to Congress a report on such modifications to imple- menting section 1720(h) of title 38, United States Code, as added by subsection (a)(1), as the Secretary considers necessary to ensure the authority under such section is functioning as intended and care is provided to veterans under such section as intended.
(3) MEDICAL FOSTER HOME DEFINED.—In this subsection, the term ‘‘medical foster home’’ has the meaning given that term in section 1720(h) of title 38, United States Code, as added by subsection (a)(1).
(c) COMPTROLLER GENERAL REPORT.—Not later than each of three years and six years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report— (1) assessing the implementation of this section and the amendments made by this section; H. R. 2617—975 (2) assessing the impact of the monitoring and modifica- tions under subsection (b) on care provided under section 1720(h) of title 38, United States Code, as added by subsection (a)(1); and (3) setting forth recommendations for improvements to the implementation of such section, as the Comptroller General considers appropriate.
Subtitle F—Foreign Medical Program SEC.

171.

ANALYSIS OF FEASIBILITY AND ADVISABILITY OF EXPANDING ASSISTANCE AND SUPPORT TO CAREGIVERS TO INCLUDE CAREGIVERS OF VETERANS IN THE REPUBLIC OF THE PHILIPPINES.

(a) FINDINGS.—Congress makes the following findings: (1) Although section 161 of the VA MISSION Act of 2018 (Public Law 115–182; 132 Stat.
1438) expanded the program of comprehensive assistance for family caregivers of the Depart- ment of Veterans Affairs under section 1720G(a) of title 38, United States Code, to veterans of all eras, it did not expand the program to family caregivers for veterans overseas.
(2) Although caregivers for veterans overseas can access online resources as part of the program of support services for caregivers of veterans under subsection (b) section 1720G of such title, those caregivers are not currently eligible for the comprehensive services and benefits provided under sub- section (a) of such section.
(3) The Department has an outpatient clinic and a regional benefits office in Manila, Republic of the Philippines, and the Foreign Medical Program of the Department under section 1724 of such title is used heavily in the Republic of the Phil- ippines by veterans who live in that country.
(4) Due to the presence of facilities of the Department in the Republic of the Philippines and the number of veterans who reside there, that country is a suitable test case to analyze the feasibility and advisability of expanding caregiver support to caregivers of veterans overseas.
(b) ANALYSIS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall com- plete an analysis of the feasibility and advisability of making assist- ance and support under section 1720G(a) of title 38, United States Code, available to caregivers of veterans in the Republic of the Philippines.
(c) REPORT.—Not later than 180 days after the conclusion of the analysis conducted under subsection (b), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (1) The results of such analysis.

(2) An assessment of the number of veterans who are enrolled in the patient enrollment system and reside in the Republic of the Philippines.
(3) An assessment of the number of veterans residing in the Republic of the Philippines with a disability rating from the Department of not less than 70 percent.

H. R. 2617—976 (4) An assessment of the number of veterans who are enrolled in the patient enrollment system and reside in the Republic of the Philippines that have a caregiver to provide them personal care services described in section 1720G(a)(C) of title 38, United States Code.
(5) An assessment of the staffing needs and associated costs of making assistance and support available to caregivers of veterans in the Republic of the Philippines.

(6) An assessment of the infrastructure needs and associ- ated costs of making assistance and support available to care- givers of veterans in the Republic of the Philippines.

(7) An assessment of the local transportation challenges to making assistance and support available to caregivers of veterans in the Republic of the Philippines.
(8) An assessment of how the Secretary would determine payment rates for caregivers of veterans in the Republic of the Philippines to account for variances in living standards in the Republic of the Philippines.

(9) Such other elements as the Secretary considers appro- priate.

(d) DEFINITIONS.—In this section: (1) CAREGIVER.—The term ‘‘caregiver’’ has the meaning given that term in section 1720G(d) of title 38, United States Code.
(2) PATIENT ENROLLMENT SYSTEM.—The term ‘‘patient enrollment system’’ means the system of annual patient enroll- ment of the Department of Veterans Affairs established and operated under section 1705(a) of such title.

(3) VETERAN.—The term ‘‘veteran’’ has the meaning given that term in section 101(2) of such title.

SEC.

172.

COMPTROLLER GENERAL REPORT ON FOREIGN MEDICAL PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the Foreign Medical Program.
(b) ELEMENTS.—The report required by subsection (a) shall include, for the most recent five fiscal years for which data are available, an assessment of the following: (1) The number of veterans who live overseas and are eligible for the Foreign Medical Program.

(2) The number of veterans who live overseas, are reg- istered for the Foreign Medical Program, and use such program.

(3) The number of veterans who live overseas, are reg- istered for the Foreign Medical Program, and do not use such program.
(4) The number of veterans who are eligible for care fur- nished by the Department of Veterans Affairs, live in the United States, including territories of the United States, and make use of such care, including through the Veterans Community Care Program under section 1703 of title 38, United States Code.
(5) Any challenges faced by the Department in admin- istering the Foreign Medical Program, including— H. R. 2617—977 (A) outreach to veterans on eligibility for such program and ensuring veterans who live overseas are aware of such program; (B) executing timely reimbursements of claims by vet- erans under such program; and (C) need for and use of translation services.
(6) Any trends relating to— (A) the timeliness of processing by the Department of claims under the Foreign Medical Program and reimbursement of veterans under such program; (B) types of care or treatment sought by veterans who live overseas that is reimbursed under such program; and (C) types of care or treatment eligible for reimburse- ment under such program that veterans have difficulty accessing overseas.
(7) Any barriers or obstacles cited by veterans who live overseas who are registered for the Foreign Medical Program, including any differences between veterans who use the pro- gram and veterans who do not.

(8) Satisfaction of veterans who live overseas with the Foreign Medical Program.

(9) Such other areas as the Comptroller General considers appropriate.
(c) FOREIGN MEDICAL PROGRAM DEFINED.—In this section, the term ‘‘Foreign Medical Program’’ means the program under with the Secretary of Veterans Affairs provides hospital care and medical services under section 1724 of title 38, United States Code.

Subtitle G—Research Matters SEC.

181.

INAPPLICABILITY OF PAPERWORK REDUCTION ACT.

(a) IN GENERAL.—Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ‘‘§ 7330D.
Inapplicability of Paperwork Reduction Act to research activities ‘‘Subchapter I of chapter 35 of title 44 (commonly referred to as the ‘Paperwork Reduction Act’) shall not apply to the voluntary collection of information during the conduct of research by the Veterans Health Administration, including the Office of Research and Development, or individuals or entities affiliated with the Vet- erans Health Administration.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of such subchapter is amended by inserting after the item relating to section 7330C the following new item: ‘‘(1) ‘‘7330D.

Inapplicability of Paperwork Reduction Act to research activities.’’.

SEC.

182.

RESEARCH AND DEVELOPMENT.

(a) OFFICE OF RESEARCH AND DEVELOPMENT.—Chapter 73 of title 38, United States Code, is amended by adding at the end the following new subchapter: H. R. 2617—978 ‘‘SUBCHAPTER V—RESEARCH AND DEVELOPMENT ‘‘§ 7381.
Office of Research and Development ‘‘(a) OFFICE OF RESEARCH AND DEVELOPMENT.—There is in the Veterans Health Administration an Office of Research and Develop- ment (in this section referred to as the ‘Office’).

‘‘(b) PURPOSES.—The function of the Office is to serve veterans through a full spectrum of research (including pre-clinical, clinical, and health systems science), technology transfer, and application.
‘‘(c) CHIEF RESEARCH AND DEVELOPMENT OFFICER.—The head of the Office is the Chief Research and Development Officer.

‘‘(d) ORGANIZATION AND PERSONNEL.—The Office shall be orga- nized in such manner, and its personnel shall perform such duties and have such titles, as the Secretary may prescribe.

‘‘§ 7382.
‘‘§ 7382.

Research personnel ‘‘(a) WAIVER OF INTERGOVERNMENTAL PERSONNEL ACT MOBILITY PROGRAM LIMITS.—The Secretary may waive the limit on the period and number of assignments required under section 3372(a) of title 5 with respect to an individual who performs research for the Department under the mobility program under subchapter VI of chapter 33 of such title (commonly referred to as the ‘Intergovern- mental Personnel Act Mobility Program’).
‘‘(b) OUTSIDE EARNED INCOME FOR RESEARCH FOR THE DEPART- MENT.—(1) Compensation from a nonprofit corporation established under subchapter IV of this chapter, or a university affiliated with the Department, may be paid, without regard to section 209 of title 18, to an employee described in paragraph (2), for research conducted pursuant to section 7303 of this title if— ‘‘(A) the research has been approved in accordance with procedures prescribed by the Under Secretary for Health; ‘‘(B) the employee conducts research under the supervision of personnel of the Department; and ‘‘(C) the Secretary agreed to the terms of such compensation in writing.
‘‘(2) An employee described in this subsection is an employee who has an appointment within the Department, whether with or without compensation, and without regard to the source of such compensation.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of such chapter is amended by adding at the end the following new items: ‘‘SUBCHAPTER V—RESEARCH AND DEVELOPMENT ‘‘7381.

Office of Research and Development.

‘‘7382.

Research personnel.’’.

SEC.

183.


EXPANSION OF HIRING AUTHORITIES FOR CERTAIN CLASSES OF RESEARCH OCCUPATIONS.

Section 7401(3) of title 38, United States Code, is amended by inserting ‘‘statisticians, economists, informaticists, data sci- entists, and’’ after ‘‘blind rehabilitation outpatient specialists,’’.

SEC.

184.

COMPTROLLER GENERAL STUDY ON DEDICATED RESEARCH TIME FOR CERTAIN PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) STUDY.—The Comptroller General of the United States shall conduct a study on the amount of time dedicated for research H. R. 2617—979 for clinician-scientists appointed by the Secretary of Veterans Affairs.

(b) ELEMENTS.—The study under subsection (a) shall include the following: (1) A review of the policies and practices of the Department of Veterans Affairs regarding the time dedicated for research for the personnel specified in subsection (a).
(2) An assessment of the effect of such policies and practices on the following: (A) The recruitment and retention efforts of the Depart- ment.

(B) The productivity of the personnel specified in sub- section (a) with respect to research.

(C) The efficient use of resources available for research on issues relating to the health of veterans.
(c) REPORT.—Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Com- mittee on Veterans’ Affairs of the House of Representatives a report detailing the findings of the study conducted under subsection (a).

Subtitle H—Mental Health Care SEC.

191.


ANALYSIS OF FEASIBILITY AND ADVISABILITY OF DEPART- MENT OF VETERANS AFFAIRS PROVIDING EVIDENCE- BASED TREATMENTS FOR THE DIAGNOSIS OF TREATMENT- RESISTANT DEPRESSION.
(a) FINDINGS.—Congress makes the following findings: (1) A systematic review in 2019 of the economics and quality of life relating to treatment-resistant depression summarized that major depressive disorder (in this subsection referred to as ‘‘MDD’’) is a global public health concern and that treatment-resistant depression in particular represents a key unmet need.
The findings of that review highlighted the need for improved therapies for treatment-resistant depression to reduce disease burden, lower medical costs, and improve the quality of life of patients.
(2) The Clinical Practice Guideline for the Management of MDD (in this subsection referred to as the ‘‘CPG’’) developed jointly by the Department of Veterans Affairs and the Depart- ment of Defense defines treatment-resistant depression as at least two adequate treatment trials and lack of full response to each.

(3) The CPG recommends electro-convulsive therapy (in this subsection referred to as ‘‘ECT’’) as a treatment strategy for patients who have failed multiple other treatment strategies.
(4) The CPG recommends offering repetitive transcranial magnetic stimulation (in this subsection referred to as ‘‘rTMS’’), an intervention that is indicated by the Food and Drug Adminis- tration, for treatment during a major depressive episode in patients with treatment-resistant MDD.
(5) The final report of the Creating Options for Veterans’ Expedited Recovery Commission (commonly referred to as the ‘‘COVER Commission’’) established under section 931 of the Jason Simcakoski Memorial and Promise Act (title IX of Public H. R. 2617—980 Law 114–198; 38 U.S.C.

1701 note) found that treatment-resist- ant depression is a major issue throughout the mental health treatment system, and that an estimated 50 percent of depressed patients are inadequately treated by available inter- ventions.
(6) The COVER Commission also reported data collected from the Department of Veterans Affairs that found that only approximately 1,166 patients throughout the Department were referred for ECT in 2018 and only approximately 772 patients were referred for rTMS during that year.
(b) ANALYSIS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall com- plete an analysis of the feasibility and advisability of making repet- itive transcranial magnetic stimulation available at all medical facilities of the Department of Veterans Affairs and electro-convul- sive therapy available at one medical center located within each Veterans Integrated Service Network for the treatment of veterans who are enrolled in the patient enrollment system and have a diagnosis of treatment-resistant depression.
(c) INCLUSION OF ASSESSMENT OF REPORT.—The analysis con- ducted under subsection (b) shall include an assessment of the final report of the COVER Commission submitted under section 931(e)(2) of the Jason Simcakoski Memorial and Promise Act (title IX of Public Law 114–198; 38 U.S.C.

1701 note).
1701 note).

(d) REPORT.—Not later than 180 days after the conclusion of the analysis conducted under subsection (b), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (1) The results of such analysis.
(2) An assessment of the number of veterans who are enrolled in the patient enrollment system and who have a diagnosis of treatment-resistant depression per Veterans Integrated Service Network during the two-year period pre- ceding the date of the report.
(3) An assessment of the number of the veterans who are enrolled in the patient enrollment system who have a diagnosis of treatment-resistant depression and who have received or are currently receiving repetitive transcranial mag- netic stimulation or electro-convulsive therapy as a treatment modality during the two-year period preceding the date of the report.
(4) An assessment of the number and locations of medical centers of the Department that currently provide repetitive transcranial magnetic stimulation to veterans who are enrolled in the patient enrollment system and who have a diagnosis of treatment-resistant depression.
(5) An assessment of the number and locations of medical centers of the Department that currently provide electro-convul- sive therapy to veterans who are enrolled in the patient enroll- ment system and who have a diagnosis of treatment-resistant depression.
(e) PATIENT ENROLLMENT SYSTEM DEFINED.—In this section, the term ‘‘patient enrollment system’’ means the system of annual patient enrollment of the Department of Veterans Affairs estab- lished and operated under section 1705(a) of title 38, United States Code.

H. R. 2617—981 SEC.

192.

MODIFICATION OF RESOURCE ALLOCATION SYSTEM TO INCLUDE PEER SPECIALISTS.
(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall modify the Veterans Equitable Resource Allocation system, or suc- cessor system, to ensure that resource allocations under such system, or successor system, include peer specialists appointed under section 7402(b)(13) of title 38, United States Code.
(b) VETERANS EQUITABLE RESOURCE ALLOCATION SYSTEM DEFINED.—In this section, the term ‘‘Veterans Equitable Resource Allocation system’’ means the resource allocation system established pursuant to section 429 of the Departments of Veterans Affairs and House and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204; 110 Stat.

2929).

SEC.

193.

GAP ANALYSIS OF PSYCHOTHERAPEUTIC INTERVENTIONS OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a gap analysis throughout the entire health care system of the Veterans Health Administration on the use and availability of psychotherapeutic interventions recommended in widely used clinical practice guidelines as recommended in the final report of the COVER Commission submitted under section 931(e)(2) of the Jason Simcakoski Memorial and Promise Act (title IX of Public Law 114–198; 38 U.S.C.
1701 note).

(b) ELEMENTS.—The gap analysis required under subsection (a) shall include the following: (1) An assessment of the psychotherapeutic interventions available and routinely delivered to veterans at medical centers of the Department of Veterans Affairs within each Veterans Integrated Service Network of the Department.
(2) An assessment of the barriers faced by medical centers of the Department in offering certain psychotherapeutic inter- ventions and why those interventions are not widely imple- mented or are excluded from implementation throughout the entire health care system of the Veterans Health Administra- tion.
(c) REPORT AND PLAN.—Not later than 180 days after com- pleting the gap analysis under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representa- tives— (1) a report on the results of the analysis; and (2) a plan with measurable, time-limited steps for the Department to implement— (A) to address the gaps that limit access of veterans to care; and (B) to treat various mental health conditions across the entire health care system of the Veterans Health Administration.
SEC.

193A.

PROHIBITION ON COLLECTION OF COPAYMENTS FOR FIRST THREE MENTAL HEALTH CARE OUTPATIENT VISITS OF VETERANS.

(a) PROHIBITION ON COLLECTION.—Chapter 17 of title 38, United States Code, is amended by inserting after section 1722B H. R. 2617—982 the following new section (and conforming the table of sections at the beginning of such chapter accordingly): ‘‘§ 1722C.
Copayments: prohibition on collection of copay- ments for first three mental health care out- patient visits of veterans ‘‘(a) PROHIBITION.—Except as provided in subsection (b), not- withstanding section 1710(g) of this title or any other provision of law, the Secretary may not impose or collect a copayment for the first three mental health care outpatient visits of a veteran in a calendar year for which the veteran would otherwise be required to pay a copayment under the laws administered by the Secretary.
‘‘(b) COPAYMENT FOR MEDICATIONS.—The prohibition under sub- section (a) shall not apply with respect to the imposition or collection of copayments for medications pursuant to section 1722A of this title.

‘‘(c) MENTAL HEALTH CARE OUTPATIENT VISIT DEFINED.—In this section, the term ‘mental health care outpatient visit’ means an outpatient visit with a qualified mental health professional for the primary purpose of seeking mental health care or treatment for substance abuse disorder.
‘‘(d) SUNSET.—This section shall terminate on the date that is five years after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.’’.

(b) APPLICABILITY.—The amendment made by subsection (a) shall apply with respect to mental health care outpatient visits occurring on or after the date that is 180 days after the date of the enactment of this Act.

Subtitle I—Other Matters SEC.

194.


REQUIREMENT FOR ONGOING INDEPENDENT ASSESSMENTS OF HEALTH CARE DELIVERY SYSTEMS AND MANAGEMENT PROCESSES OF THE DEPARTMENT OF VETERANS AFFAIRS.

(a) ONGOING ASSESSMENTS.—Subchapter I of chapter 17 of title 38, United States Code, is amended by inserting after section 1704 the following new section: ‘‘§ 1704A.
Independent assessments of health care delivery systems and management processes ‘‘(a) INDEPENDENT ASSESSMENTS.—(1) Not less frequently than once every 10 years, the Secretary shall enter into one or more contracts with a private sector entity or entities described in sub- section (d) to conduct an independent assessment of the hospital care, medical services, and other health care furnished by the Department.
‘‘(2) Each assessment required under paragraph (1) shall address each of the following: ‘‘(A) Current and projected demographics and unique health care needs of the patient population served by the Department.
‘‘(B) The accuracy of models and forecasting methods used by the Department to project health care demand, including with respect to veteran demographics, rates of use of health care furnished by the Department, the inflation of health care H. R. 2617—983 costs, and such other factors as may be determined relevant by the Secretary.
‘‘(C) The reliability and accuracy of models and forecasting methods used by the Department to project the budgetary needs of the Veterans Health Administration and how such models and forecasting methods inform budgetary trends.
‘‘(D) The authorities and mechanisms under which the Secretary may furnish hospital care, medical services, and other health care at facilities of the Department and non-Department facilities, including through Federal and private sector partners and at joint medical facilities, and the effect of such authorities and mechanisms on eligibility and access to care.
‘‘(E) The organization, workflow processes, and tools used by the Department to support clinical staffing, access to care, effective length-of-stay management and care transitions, posi- tive patient experience, accurate documentation, and subse- quent coding of inpatient services.
‘‘(F) The efforts of the Department to recruit and retain staff at levels necessary to carry out the functions of the Vet- erans Health Administration and the process used by the Department to determine staffing levels necessary for such functions.
‘‘(G) The staffing level at each medical facility of the Department and the productivity of each health care provider at the medical facility, compared with health care industry performance metrics, which may include the following: ‘‘(i) An assessment of the case load of, and number of patients treated by, each health care provider at such medical facility during an average week.
‘‘(ii) An assessment of the time spent by each such health care provider on matters other than the case load of the health care provider, including time spent by the health care provider as follows: ‘‘(I) At a medical facility that is affiliated with the Department.

‘‘(II) Conducting research.

‘‘(III) Training or supervising other health care professionals of the Department.
‘‘(iii) An assessment of the complexity of health care conditions per patient treated by each health care provider at such medical facility during an average week.
‘‘(H) The information technology strategies of the Depart- ment with respect to furnishing and managing health care, including an identification of any weaknesses or opportunities with respect to the technology used by the Department, espe- cially those strategies with respect to clinical documentation of hospital care, medical services, and other health care, including any clinical images and associated textual reports, furnished by the Department in facilities of the Department or non-Department facilities.
‘‘(I) Business processes of the Veterans Health Administra- tion, including processes relating to furnishing non-Department health care, insurance identification, third-party revenue collec- tion, and vendor reimbursement, including an identification of mechanisms as follows: ‘‘(i) To avoid the payment of penalties to vendors.
H. R. 2617—984 ‘‘(ii) To increase the collection of amounts owed to the Department for hospital care, medical services, or other health care provided by the Department for which reimbursement from a third party is authorized and to ensure that such amounts collected are accurate.

‘‘(iii) To increase the collection of any other amounts owed to the Department with respect to hospital care, medical services, or other health care and to ensure that such amounts collected are accurate.
‘‘(iv) To increase the accuracy and timeliness of pay- ments by the Department to vendors and providers.

‘‘(v) To reduce expenditures while improving the quality of care furnished.

‘‘(J) The purchase, distribution, and use of pharmaceuticals, medical and surgical supplies, medical devices, and health care- related services by the Department, including the following: ‘‘(i) The prices paid for, standardization of, and use by, the Department with respect to the following: ‘‘(I) Pharmaceuticals.
‘‘(II) Medical and surgical supplies.

‘‘(III) Medical devices.

‘‘(ii) The use by the Department of group purchasing arrangements to purchase pharmaceuticals, medical and surgical supplies, medical devices, and health care-related services.

‘‘(iii) The strategy and systems used by the Department to distribute pharmaceuticals, medical and surgical sup- plies, medical devices, and health care-related services to Veterans Integrated Service Networks and medical facili- ties of the Department.
‘‘(K) The competency of Department leadership with respect to culture, accountability, reform readiness, leadership develop- ment, physician alignment, employee engagement, succession planning, and performance management.

‘‘(L) The effectiveness of the authorities and programs of the Department to educate and train health personnel pursuant to section 7302 of this title.

‘‘(M) The conduct of medical and prosthetic research of the Department.
‘‘(N) The provision of assistance by the Department to Federal agencies and personnel involved in responding to a disaster or emergency.

‘‘(O) Such additional matters as may be determined rel- evant by the Secretary.

‘‘(b) TIMING.—The private sector entity or entities carrying out an assessment pursuant to subsection (a) shall complete such assessment not later than 18 months after entering into the contract described in such paragraph.
‘‘(c) LEVERAGING OF EXISTING DATA AND CONTRACTS.—To the extent practicable, the private sector entity or entities carrying out an assessment pursuant to subsection (a) shall— ‘‘(1) make maximum use of existing data that has been compiled by the Department, compiled for the Department, or purchased by the Department, including data that has been collected for— ‘‘(A) the performance of quadrennial market assess- ments under section 7330C of this title; H. R. 2617—985 ‘‘(B) the quarterly publication of information on staffing and vacancies with respect to the Veterans Health Adminis- tration pursuant to section 505 of the VA MISSION Act of 2018 (Public Law 115–182; 38 U.S.C.
301 note); and ‘‘(C) the conduct of annual audits pursuant to section 3102 of the Johnny Isakson and David P. Roe, M.D.

Vet- erans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 38 U.S.C.

1701 note).

‘‘(2) maximize the use of existing contracts and other agree- ments of the Department for studies, analysis, data collection, or research in order to efficiently fulfill the requirements of this section.
‘‘(d) PRIVATE SECTOR ENTITIES DESCRIBED.—A private sector entity described in this subsection is a private entity that— ‘‘(1) has experience and proven outcomes in optimizing the performance of national health care delivery systems, including the Veterans Health Administration, other federal health care systems, and systems in the private, non-profit, or public health care sector; ‘‘(2) specializes in implementing large-scale organizational and cultural transformations, especially with respect to health care delivery systems; and ‘‘(3) is not currently under contract with the Department to provide direct or indirect patient care or related clinical care services or supplies under the laws administered by the Secretary.
‘‘(e) PROGRAM INTEGRATOR.—(1) If the Secretary enters into contracts with more than one private sector entity under subsection (a) with respect to a single assessment under such subsection, the Secretary shall designate one such entity as the program inte- grator.

‘‘(2) The program integrator designated pursuant to paragraph (1) shall be responsible for coordinating the outcomes of the assess- ments conducted by the private sector entities pursuant to such contracts.
‘‘(f) REPORTS.—(1)(A) Not later than 60 days after completing an assessment pursuant to subsection (a), the private sector entity or entities carrying out such assessment shall submit to the Sec- retary and the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings and recommendations of the private sector entity or entities with respect to such assessment.
‘‘(B) Each report under subparagraph (A) with respect to an assessment shall include an identification of the following: ‘‘(i) Any changes with respect to the matters included in such assessment since the date that is the later of the following: ‘‘(I) The date on which the independent assessment under section 201 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C.

1701 note) was completed.


‘‘(II) The date on which the last assessment under subsection (a) was completed.

‘‘(ii) Any recommendations regarding matters to be covered by subsequent assessments under subsection (a), including any additional matters to include for assessment or previously assessed matters to exclude.
H. R. 2617—986 ‘‘(2) Not later than 30 days after receiving a report under paragraph (1), the Secretary shall publish such report in the Federal Register and on a publicly accessible internet website of the Depart- ment.
‘‘(3) Not later than 90 days after receiving a report under paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report outlining the feasi- bility and advisability of implementing the recommendations made by the private sector entity or entities in such report received, including an identification of the timeline, cost, and any legislative authorities necessary for such implementation.
‘‘(g) SUNSET.—The requirement to enter into contracts under subsection (a) shall terminate on December 31, 2055.’’.

(b) CLERICAL AMENDMENTS.—The table of sections at the begin- ning of such subchapter is amended by inserting after the item relating to section 1704 the following new item: ‘‘1704A.

Independent assessments of health care delivery systems and management processes.’’.
(c) DEADLINE FOR INITIAL ASSESSMENT.—The initial assessment under section 1704A of title 38, United States Code, as added by subsection (a), shall be completed by not later than December 31, 2025.

SEC.

195.

IMPROVED TRANSPARENCY OF, ACCESS TO, AND USABILITY OF DATA PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS.
(a) REVIEW OF TIMELINESS AND QUALITY OF CARE DATA.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a review of data that is publicly available on the Access to Care internet website of the Department of Vet- erans Affairs (or successor website)) (in this section referred to as the ‘‘Website’’).
(2) ANALYSIS.—The review under paragraph (1) shall include an analysis of the access to and usability of the publicly available data on the Website, including a review of the avail- ability of the following data: (A) Any numeric indicators relating to timely care, effective care, safety, and veteran-centered care that the Secretary collects at medical facilities of the Department pursuant to section 1703C of title 38, United States Code.
(B) The patient wait times information required by subsection (a) of section 206 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 128 Stat.

1780); and (C) the patient safety, quality of care, and outcome measures required by subsection (b) of such section 206.
(3) CONSULTATION.—In conducting the review under para- graph (1) of data described in such paragraph, the Secretary shall consult with veterans service organizations, veterans, and caregivers of veterans from geographically diverse areas and representing different eras of service in the Armed Forces to gather insights about potential modifications that could help improve the understanding and use of such data.
(4) REPORT.—Not later than 30 days after completing the review under paragraph (1), the Secretary shall submit to the H. R. 2617—987 Committee on Veterans’ Affairs of the Senate and the Com- mittee on Veterans’ Affairs of the House of Representatives a report on the outcome of the review, including an assessment of how the Secretary plans to modify the presentation of data described in such paragraph in light of the findings of the review.
(b) REQUIREMENTS OF WEBSITE.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, in addition to the requirements of section 206(b)(4) of the Veterans Access, Choice, and Account- ability Act of 2014 (Public Law 113–146; 128 Stat.
1781), the Secretary shall ensure that the Website meets the following requirements: (A) The Website is directly accessible from— (i) the main homepage of the publicly accessible internet website of the Department; and (ii) the main homepage of the publicly accessible internet website of each medical center of the Depart- ment.

(B) Where practicable, the Website is organized and searchable by each medical center of the Department.

(C) The Website is easily understandable and usable by the general public.
(2) CONSULTATION AND CONTRACT AUTHORITY.—In carrying out the requirements of paragraph (1)(C), the Secretary— (A) shall consult with— (i) veterans service organizations; and (ii) veterans and caregivers of veterans from geo- graphically diverse areas and representing different eras of service in the Armed Forces; and (B) may enter into a contract to design the Website with a company, non-profit entity, or other entity special- izing in website design that has substantial experience in presenting health care data and information in a easily understandable and usable manner to patients and con- sumers.
(c) ACCURACY OF DATA.— (1) ANNUAL PROCESS.—Not later than 18 months after the date of the enactment of this Act, the Secretary shall develop and implement a process to annually audit a generalizable subset of the data contained on the Website to assess the accuracy and completeness of the data.
(2) CRITERIA.—The Secretary shall ensure that each audit under paragraph (1)— (A) determines the extent that the medical record information, clinical information, data, and documentation provided by each medical facility of the Department that is used to calculate the information on the Website is accurate and complete; (B) identifies any deficiencies in the recording of med- ical record information, clinical information, or data by medical facilities of the Department that affects the accuracy and completeness of the information on the Website; and (C) provides recommendations to medical facilities of the Department on how to— H. R. 2617—988 (i) improve the accuracy and completeness of the medical record information, clinical information, data, and documentation that is used to calculate the information on the Website; and (ii) ensure that each medical facility of the Depart- ment provides such information in a uniform manner.
(3) ANNUAL REPORT.—Not later than two years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of each audit under paragraph (1).

TITLE II—BENEFITS MATTERS Subtitle A—Benefits Generally SEC.

201.

IMPROVEMENTS TO PROCESS OF THE DEPARTMENT OF VET- ERANS AFFAIRS FOR CLOTHING ALLOWANCE CLAIMS.
(a) SHORT TITLE.—This section may be cited as the .
(b) PROCESS FOR CLOTHING ALLOWANCE CLAIMS.—Section 1162 of title 38, United States Code, is amended— (1) by striking ‘‘The Secretary under’’ and inserting: ‘‘(a) ELIGIBILITY REQUIREMENTS.—The Secretary, under’’; (2) in paragraph (2)— (A) by striking ‘‘which (A) a physician’’ and inserting: ‘‘which—’’ ‘‘(A) a physician’’; and (B) by striking ‘‘, and (B) the Secretary’’ and inserting the following: ‘‘; and ‘‘(B) the Secretary’’; and (3) by adding at the end the following new subsections: ‘‘(b) CONTINUOUS NATURE OF PAYMENTS.—Payments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following: ‘‘(1) The date on which the veteran elects to no longer receive such payments.
‘‘(2) The date on which the Secretary determines the vet- eran is no longer eligible pursuant to subsection (c).

‘‘(c) REVIEWS OF CLAIMS.—(1) The Secretary shall, in accordance with this subsection, conduct reviews of a claim on which a clothing allowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance.
‘‘(2) The Secretary shall prescribe standards for determining whether a claim for a clothing allowance is based on a veteran’s wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication whose wear or tear or irreparable dam- age on a veteran’s outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use.
‘‘(3)(A) If the Secretary determines, pursuant to standards pre- scribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irreparable damage that is as likely as not subject to no change, the veteran shall continue to be deemed eligible for receipt of a clothing allowance under this section until the Secretary— ‘‘(i) receives notice under subparagraph (B); or H. R. 2617—989 ‘‘(ii) finds otherwise under subparagraph (C) or (D).
‘‘(B) The Secretary shall require a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, to notify the Secretary when the veteran terminates the wearing or use of such a prosthetic, orthopedic appliance, or medication.
‘‘(C) For each veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, the Secretary shall periodically review the veteran’s Department records for evidence that the veteran has terminated the wearing or use of such a prosthetic, orthopedic appliance, or medication.
‘‘(D) If a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, ortho- pedic appliance (including a wheelchair), or medication, has received such clothing allowance beyond the prescribed or intended lifespan of such prosthetic, orthopedic appliance, or medication, the Sec- retary may periodically request the veteran to attest to continued usage.
‘‘(4) If the Secretary determines that a claim for a clothing allowance under subsection (a) does not meet the requirements of paragraph (3)(A), then the Secretary may require the veteran to recertify the veteran’s continued eligibility for a clothing allow- ance under this section periodically, but not more frequently than once each year.
‘‘(5) When reviewing a claim under this subsection, the Sec- retary shall evaluate the evidence presented by the veteran and such other relevant evidence as the Secretary determines appro- priate.
‘‘(d) DETERMINATION REGARDING CONTINUED ELIGIBILITY.—If the Secretary determines, as the result of a review of a claim conducted under subsection (c), that the veteran who submitted such claim no longer meets the requirements specified in subsection (a), the Secretary shall— ‘‘(1) provide to the veteran notice of such determination that includes a description of applicable actions that may be taken following the determination, including the actions speci- fied in section 5104C of this title; and ‘‘(2) discontinue the clothing allowance based on such claim.’’.
(c) APPLICABILITY.—The amendments made by subsection (b) shall apply with respect to— (1) claims for clothing allowance submitted on or after the date of the enactment of this Act; and (2) claims for clothing allowance submitted prior to the date of the enactment of this Act, if the veteran who submitted such claim is in receipt of the clothing allowance as of the date of the enactment of this Act.

SEC.

202.

MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE- CONNECTED DISABILITIES WHO DIE OF COVID–19.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met: H. R. 2617—990 (1) A claim for compensation is filed under chapter 13 of title 38, United States Code, with respect to a veteran with one or more service-connected disabilities who dies.
(2) The death certificate identifies Coronavirus Disease 2019 (COVID–19) as the principal or contributory cause of death.

for the veteran (3) The death certificate does not clearly identify any of the service-connected disabilities of the veteran as the principal or contributory cause of death.

(4) A service-connected disability of the veteran includes a condition more likely to cause severe illness from COVID– 19 as determined by the Centers for Disease Control and Prevention.
(5) The claimant is not entitled to benefits under section 1318 of such title.

(6) The evidence to support the claim does not result in a preliminary finding in favor of the claimant.

(b) OUTREACH.—The Secretary shall provide information to vet- erans, dependents, and veterans service organizations about applying to dependency and indemnity compensation when a vet- eran dies from COVID–19.
The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms.
(c) ANNUAL REPORT.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the effects of the requirement to secure medical opinions pursuant to such subsection on dependency and indemnity compensation benefits under chapter 13 of title 38, United States Code.
(2) CONTENTS.—Each report submitted under paragraph (1) shall include, with respect to the year for which the report is submitted, the following: (A) The total number of dependency and indemnity compensation claims filed.

(B) The number and percentage of dependency and indemnity compensation claims for which a disposition has been made, disaggregated by whether the disposition was a grant, denial, deferral, or withdrawal.

(C) The accuracy rate for all dependency and indemnity compensation claims.
(D) The total number of covered claims filed.

(E) The number and percentage of covered claims for which a disposition has been made, disaggregated by whether the disposition was a grant, denial, deferral, or withdrawal.

(F) The accuracy rate for covered claims.

(G) The total number and cost of medical opinions secured by the Secretary pursuant to subsection (a).
(d) STUDY ON CLAIMS DENIED PRIOR TO ENACTMENT.— (1) STUDY.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall complete a study on covered claims that were denied prior to the date of the enactment of this Act and submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs H. R. 2617—991 of the House of Representatives a report on the findings of the Secretary with respect to such study, including a description of any improvements made as a result of such study to trainings of the Department of Veterans Affairs relating to dependency and indemnity compensation claims.
(2) METHODOLOGY.—In carrying out the study under para- graph (1), the Secretary shall use a statistically valid, random sample of covered claims.
(3) ELEMENTS.—The study under paragraph (1) shall include, with respect to covered claims denied prior to the date of the enactment of this Act, the following elements: (A) A review of whether the individuals processing such covered claims— (i) correctly applied applicable laws, regulations, and policies, operating procedures, and guidelines of the Department of Veterans Affairs relating to the adjudication of dependency and indemnity compensa- tion claims; and (ii) completed all necessary claim development actions prior to making a disposition for the claim.
(B) An identification of— (i) the total number of covered claims reviewed under the study; (ii) the number and percentage of such covered claims the processing of which involved errors; (iii) the top five claims processing errors and the number of such covered claims the processing of which involved any of such five errors.
(e) STUDY ON CLAIMS DENIED FOLLOWING ENACTMENT.— (1) STUDY.—Not later than two years after the date of the enactment of this Act, the Secretary shall complete a study on covered claims that have been denied following the date of the enactment of this Act and submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Vet- erans’ Affairs of the House of Representatives a report on the findings of the Secretary with respect to such study, including a description of any improvements made as a result of such study to trainings of the Department of Veterans Affairs relating to dependency and indemnity compensation claims.
(2) METHODOLOGY.—In carrying out the study under para- graph (1), the Secretary shall use a statistically valid, random sample of covered claims.

(3) ELEMENTS.—The study under paragraph (1) shall include, with respect to covered claims denied following the date of the enactment of this Act, each of the elements specified in subsection (d)(3).
(f) COVERED CLAIM DEFINED.—In this section, the term ‘‘covered claim’’ means a dependency and indemnity compensation claim filed with respect to a veteran the death certificate of whom identi- fies COVID–19 as the principal or contributory cause of death.

SEC.

203.

ENHANCED LOAN UNDERWRITING METHODS.


(a) IN GENERAL.—Section 3710 of title 38, United States Code, is amended by adding at the end the following new subsection: ‘‘(i)(1) The Secretary, in consultation with the advisory group established under paragraph (3)(A), shall prescribe regulations and H. R. 2617—992 issue guidance to assist lenders in evaluating the sufficiency of the residual income of a veteran pursuant to paragraph (2).
‘‘(2)(A) Pursuant to the regulations and guidance prescribed under paragraph (1), in the case of a loan to a veteran to be guaranteed under this chapter, if the veteran provides to the lender an energy efficiency report described in subparagraph (B) — ‘‘(i) the evaluation by the lender of the sufficiency of the residual income of the veteran shall include a consideration of the estimate of the expected energy cost savings contained in the report; and ‘‘(ii) the lender may apply the underwriting expertise of the lender in adjusting the residual income of the veteran in accordance with the information in the report.
‘‘(B) An energy efficiency report described in this subparagraph is a report made with respect to a home for which a loan is to be guaranteed under this chapter that includes each of the following: ‘‘(i) An estimate of the expected energy cost savings specific to the home, based on specific information about the home, including savings relating to electricity or natural gas, oil, and any other fuel regularly used to supply energy to the home.
‘‘(ii) Any information required to be included pursuant to the regulations and guidance and regulations prescribed by the Secretary under paragraph (1).
‘‘(iii) Information with respect to the energy efficiency of the home as determined pursuant to— ‘‘(I) the Residential Energy Service Network’s Home Energy Rating System (commonly know as ‘HERS’) by an individual certified by such Network; or ‘‘(II) an other method determined appropriate by the Secretary, in consultation with the advisory group under paragraph (3), including with respect to third-party quality assurance procedures.
‘‘(3)(A) To assist the Secretary in carrying out this subsection, the Secretary shall establish an advisory group consisting of individ- uals representing the interests of— ‘‘(i) mortgage lenders; ‘‘(ii) appraisers; ‘‘(iii) energy raters and residential energy consumption experts; ‘‘(iv) energy efficiency organizations; ‘‘(v) real estate agents; ‘‘(vi) home builders and remodelers; ‘‘(vii) consumer advocates; ‘‘(viii) veterans’ service organizations; and ‘‘(ix) other persons determined appropriate by the Sec- retary.
‘‘(B) The advisory group established under subparagraph (A) shall not be subject to the Federal Advisory Committee Act (5 U.S.C.

App.).

‘‘(4) The Secretary shall ensure that marketing materials that the Secretary provides to veterans with respect to loans guaranteed under this chapter include information regarding the use of energy efficiency reports under this subsection.
‘‘(5) Not later than one year after the date on which the Sec- retary issues the regulations and guidance pursuant to paragraph H. R. 2617—993 (2), and every year thereafter, the Secretary shall submit to Con- gress and make publicly available a report that includes the fol- lowing information for the year covered by the report: ‘‘(A) An enumeration of the number of loans guaranteed under this chapter for which a veteran provided to the Secretary an energy efficiency report under this subsection, including the number of such loans for which cost savings were taken into account pursuant to paragraph (1).
‘‘(B) Of the number of loans enumerated under subpara- graph (A), an enumeration of the default rates and rates of foreclosure, including how such enumeration compares with the default rates and rates of foreclosure for guaranteed loans for which no energy efficiency report is provided.’’.
(b) CLARIFICATION OF REQUIREMENTS REGARDING ENERGY EFFI- CIENCY STANDARDS.—Section 3704(f) of such title is amended by striking ‘‘such standards’’ and inserting the following: ‘‘the stand- ards established under such section 109, as in effect on the date of such construction’’.

SEC.

204.

DEPARTMENT OF VETERANS AFFAIRS LOAN FEES.

The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ‘‘January 14, 2031’’ each place it appears and inserting ‘‘November 14, 2031’’.
Subtitle B—Education SEC.

211.

NATIVE VETSUCCESS AT TRIBAL COLLEGES AND UNIVER- SITIES PILOT PROGRAM.

(a) SHORT TITLE.—This section may be cited as the ‘‘Native VetSuccess at Tribal Colleges and Universities Pilot Program Act’’.
(b) PILOT PROGRAM.— (1) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program to assess the feasibility and advisability of expanding the VetSuccess on Campus program to additional Tribal colleges and universities.

(2) DESIGNATION.—The pilot program carried out under paragraph (1) shall be known as the ‘‘Native VetSuccess at Tribal Colleges and Universities Pilot Program’’.
(c) DURATION.—The Secretary shall carry out the pilot program required by subsection (b)(1) during the five-year period beginning on the date of the commencement of the pilot program.
(d) PARAMETERS.—Under the pilot program required by sub- section (b)(1) the Secretary shall— (1) identify three regional Native VetSuccess service areas consisting of at least two participating Tribal colleges or univer- sities that do not already have a VetSuccess program, counselor, or outreach coordinator; and (2) assign to each regional Native VetSuccess service area a VetSuccess on Campus counselor and a full-time Vet Center outreach coordinator, both of whom shall— (A) be based on one or more of the participating Tribal colleges or universities in the service area; and (B) provide for eligible students at such participating colleges and universities with all services for which such H. R. 2617—994 students would be eligible under the VetSuccess on Campus program of the Department of Veterans Affairs.
(e) ELIGIBLE STUDENTS.—For purposes of the pilot program, an eligible student is a student who is a veteran, member of the Armed Forces, or dependent of a veteran or member of the Armed Forces who is eligible for any service or benefit under the VetSuccess on Campus program of the Department.
(f) CONSULTATION REQUIREMENT.—In developing the pilot pro- gram required by subsection (b)(1), the Secretary shall, acting through the Veteran Readiness and Employment Program of the Department of Veterans Affairs and in coordination with the Office of Tribal Government Relations of the Department, consult with Indian Tribes, and Tribal organizations, and seek comment from the Advisory Committee on Tribal and Indian Affairs of the Depart- ment, and veterans service organizations regarding each of the following: (1) The design of the pilot program.
(2) The process for selection of the three regional Native VetSuccess service areas and participating Tribal colleges and universities, taking into consideration— (A) the number of eligible students enrolled in the college or university and in the regional service area; (B) the capacity of the colleges and universities in the regional service area to accommodate a full-time VetSuccess on Campus counselor and a full-time Vet Center outreach coordinator; (C) barriers in specific regional service areas that pre- vent native veterans’ access to benefits and services under the laws administered by the Secretary; and (D) any other factor that the Secretary, in consultation with Indian Tribes and Tribal organizations, and after considering input from veterans service organizations and the Advisory Committee on Tribal and Indian Affairs identifies as relevant.
(3) The most effective way to provide culturally competent outreach and services to eligible students at Tribal colleges and universities.

(g) OUTREACH TO COLLEGES AND UNIVERSITIES.—The Secretary shall provide notice of the pilot program to all Tribal colleges and universities and encourage all Tribal colleges and universities to coordinate with each other to create regional service areas to participate in the pilot program.
(h) BRIEFINGS AND REPORTS.— (1) IMPLEMENTATION BRIEFING.—Not later than one year after the date of the enactment of this Act, the Secretary shall provide the appropriate committees of Congress a briefing on— (A) the design, structure, and objectives of the pilot program required by subsection (b)(1); and (B) the three regional Native Vet Success service areas and the Tribal colleges and universities selected for partici- pation in the pilot program and the reason for the selection of such service areas and such colleges and universities.
(2) REPORT.— (A) IN GENERAL.—Not later than four years after the date on which the Secretary commences the pilot program under subsection (b)(1), the Secretary shall submit to the H. R. 2617—995 appropriate committees of Congress a report on the pilot program.

(B) CONTENTS.—The report submitted under subpara- graph (A) shall include each of the following: (i) The number of eligible students provided serv- ices through the pilot program.
(ii) The types of services that eligible students received through the pilot program.

(iii) The graduation rate of eligible students who received services through the pilot program and graduation rate of eligible students who did not receive services through the pilot program.

(iv) The rate of employment within one year of graduation for eligible students who received services through the pilot program.
(v) Feedback from each Tribal college or university that participated in the pilot program, including on the regional nature of the program.

(vi) Analysis of the feasibility of expanding a regionally based Native VetSuccess at Tribal Colleges and Universities Program, including an explanation of the challenges of such a model due to issues with distance, communication, and coordination, and to the level of unmet services.
(vii) A detailed proposal regarding a long-term extension of the pilot program, including a budget, unless the Secretary determines that such an extension is not appropriate.
(i) DEFINITIONS.—In this section: (1) APPROPRIATE COMMITTEE OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means— (A) the Committee on Veterans’ Affairs and the Com- mittee on Indian Affairs of the Senate; and (B) the Committee on Veterans’ Affairs and the Com- mittee on Natural Resources of the House of Representa- tives.
(2) CULTURALLY COMPETENT.—The term ‘‘culturally com- petent’’ means considerate of the unique values, customs, tradi- tions, cultures, and languages of Native American veterans.

(3) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘‘Tribal col- lege or university’’ has the meaning given the term ‘‘Tribal College or University’’ under section 316 of the Higher Edu- cation Act of 1965 (20 U.S.C.

1059c).
1059c).

(4) TRIBAL ORGANIZATION.—The term ‘‘Tribal organization’’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

5304).

SEC.

212.

EDUCATION FOR SEPARATING MEMBERS OF THE ARMED FORCES REGARDING REGISTERED APPRENTICESHIPS.

Section 1144(b)(1) of title 10, United States Code, is amended by inserting ‘‘(including apprenticeship programs approved under chapters 30 through 36 of title 38)’’ after ‘‘employment opportuni- ties’’.
H. R. 2617—996 SEC.

213.

WEBSITES REGARDING APPRENTICESHIP PROGRAMS.

(a) WEBSITE UNDER THE JURISDICTION OF SECRETARY OF LABOR.—The Assistant Secretary of Labor for Veterans’ Employ- ment and Training, in coordination with the Secretary of Veterans Affairs, shall establish a user-friendly website (or update an existing website) that is available to the public on which veterans can find information about apprenticeship programs registered under the Act of August 16, 1937 (50 Stat.
664; commonly referred to as the ‘‘National Apprenticeship Act’’) and approved under chapters 30 through 36 of title 38, United States Code.

Such information shall be searchable and sortable by occupation and location, and include, with regard to each such program, the following: (1) A description, including any cost to a veteran.

(2) Contact information.

(3) Whether the program has been endorsed by a veterans service organization or nonprofit organization that caters to veterans.
(4) Whether the program prefers to hire veterans.

(5) Each certification or degree an individual earns by completing the program.

(b) COORDINATION WITH OTHER WEBSITE.—The Assistant Sec- retary shall update all information regarding programs for veterans listed on apprenticeship.gov (or any successor website) to include the information specified under subsection (a).

SEC.

214.

TRANSFER OF ENTITLEMENT TO POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Paragraph (4) of section 3319(h) of title 38, United States Code, is amended to read as follows: ‘‘(4) DEATH OF TRANSFEROR.— ‘‘(A) IN GENERAL.—The death of an individual transfer- ring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.
‘‘(B) DEATH PRIOR TO TRANSFER TO DESIGNATED TRANS- FEREES.—(i) In the case of an eligible individual whom the Secretary has approved to transfer the individual’s entitlement under this section who, at the time of death, is entitled to educational assistance under this chapter and has designated a transferee or transferees under sub- section (e) but has not transferred all of such entitlement to such transferee or transferees, the Secretary shall transfer the entitlement of the individual under this section by evenly distributing the amount of such entitlement between all such transferees who would not be precluded from using some or all of the transferred benefits due to the expiration of time limitations found in paragraph (5) of this subsection or section 3321 of this title, notwith- standing the limitations under subsection (f).
‘‘(ii) If a transferee cannot use all of the transferred benefits under clause (i) because of expiration of a time limitation, the unused benefits will be distributed among the other designated transferees who would not be pre- cluded from using some or all of the transferred benefits due to expiration of time limitations found in paragraph (5) of this subsection or section 3321 of this title, unless H. R. 2617—997 or until there are no transferees who would not be pre- cluded from using the transferred benefits because of expiration of a time limitation.’’.
(b) APPLICABILITY.—Paragraph (4)(B) of section 3319(h) of title 38, United States Code, shall apply with respect to an eligible individual who dies on or after November 1, 2018.

SEC.

215.

USE OF ENTITLEMENT UNDER DEPARTMENT OF VETERANS AFFAIRS SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE PROGRAM FOR SECONDARY SCHOOL EDU- CATION.
(a) IN GENERAL.—Section 3501(a)(6) of title 38, United States Code, is amended— (1) by striking ‘‘secondary school,’’; and (2) by striking ‘‘secondary school level’’ and inserting ‘‘post- secondary school level’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on August 1, 2026, and shall apply with respect to an academic period that begins on or after that date.

SEC.

216.
SEC.

216.

ESTABLISHMENT OF PROTECTIONS FOR A MEMBER OF THE ARMED FORCES WHO LEAVES A COURSE OF EDUCATION, PAID FOR WITH CERTAIN EDUCATIONAL ASSISTANCE, TO PERFORM CERTAIN SERVICE.

(a) ESTABLISHMENT.—Chapter 36 of title 38, United States Code, amended by inserting after section 3691 the following new section: ‘‘§ 3691A.
Withdrawal or leave of absence from certain edu- cation ‘‘(a) IN GENERAL.—(1) A covered member may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered education.

‘‘(2)(A) The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1).
‘‘(B) Adverse actions under subparagraph (A) include the fol- lowing: ‘‘(i) The assignment of a failing grade to a covered member for covered education.

‘‘(ii) The reduction of the grade point average of a covered member for covered education.

‘‘(iii) The characterization of any absence of a covered member from covered education as unexcused.

‘‘(iv) The assessment of any financial penalty against a covered member.
‘‘(b) WITHDRAWAL.—If a covered member withdraws from cov- ered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered member withdraws.
‘‘(c) LEAVE OF ABSENCE.—If a covered member takes a leave of absence from covered education under subsection (a), the institu- tion concerned shall— ‘‘(1) assign a grade of ‘incomplete’ (or equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and H. R. 2617—998 ‘‘(2) to the extent practicable, permit the covered member, upon completion of the period covered service, to complete such academic term.
‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered education’ means a course of edu- cation— ‘‘(A) at an institution of higher education; and ‘‘(B) paid for with educational assistance furnished under a law administered by the Secretary.

‘‘(2) The term ‘covered member’ means a member of the Armed Forces (including the reserve components) enrolled in covered education.
‘‘(3) The term ‘covered service’ means— ‘‘(A) active service or inactive-duty training, as such terms are defined in section 101 of title 10; or ‘‘(B) State active duty, as defined in section 4303 of this title.

‘‘(4) The term ‘institution concerned’ means, with respect to a covered member, the institution of higher education where the covered member is enrolled in covered education.
‘‘(5) The term ‘institution of higher education’ has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C.

1001).

‘‘(6) The term ‘period of covered service’ means the period beginning on the date on which a covered member enters cov- ered service and ending on the date on which the covered member is released from covered service or dies while in covered service.’’.
(b) CLERICAL AMENDMENT.—The table of contents at the begin- ning of such chapter is amended by inserting after the item relating to section 3691 the following new item: ‘‘3691A.Withdrawal or leave of absence from certain education.’’.

Subtitle C—GI Bill National Emergency Extended Deadline Act SEC.

231.

SHORT TITLE.

This subtitle may be cited as the ‘‘GI Bill National Emergency Extended Deadline Act of 2022’’.

SEC.

232.
SEC.

232.

EXTENSION OF TIME LIMITATION FOR USE OF ENTITLEMENT UNDER DEPARTMENT OF VETERANS AFFAIRS EDU- CATIONAL ASSISTANCE PROGRAMS BY REASON OF SCHOOL CLOSURES DUE TO EMERGENCY AND OTHER SITUATIONS.
(a) MONTGOMERY GI BILL.—Section 3031 of title 38, United States Code, is amended— (1) in subsection (a), by inserting ‘‘and subsection (i)’’ after ‘‘through (g)’’; and (2) by adding at the end the following new subsection: ‘‘(i)(1) In the case of an individual eligible for educational assist- ance under this chapter who is prevented from pursuing the individ- ual’s chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter other- wise applicable under this section because of a covered reason, as determined by the Secretary, such 10-year period— H. R. 2617—999 ‘‘(A) shall not run during the period the individual is so prevented from pursuing such program; and ‘‘(B) shall again begin running on a date determined by the Secretary that is— ‘‘(i) not earlier than the first day after the individual is able to resume pursuit of a program of education with educational assistance under this chapter; and ‘‘(ii) not later than 90 days after that day.
‘‘(2) In this subsection, a covered reason is— ‘‘(A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or ‘‘(B) another reason that prevents the individual from pur- suing the individual’s chosen program of education, as deter- mined by the Secretary.’’.
(b) POST-9/11 EDUCATIONAL ASSISTANCE.— Section 3321(b)(1) of such title is amended— (1) by inserting ‘‘(A)’’ before ‘‘Subsections’’; (2) by striking ‘‘and (d)’’ and inserting ‘‘(d), and (i)’’; and (3) by adding at the end the following new subparagraph: ‘‘(B) Subsection (i) of section 3031 of this title shall apply with respect to the running of the 15-year period described in paragraphs (4)(A) and (5)(A) of this subsection in the same manner as such subsection (i) applies under such section 3031 with respect to the running of the 10-year period described in subsection (a) of such section.’’.
SEC.

233.

EXTENSION OF PERIOD OF ELIGIBILITY BY REASON OF SCHOOL CLOSURES DUE TO EMERGENCY AND OTHER SITUATIONS UNDER DEPARTMENT OF VETERANS AFFAIRS TRAINING AND REHABILITATION PROGRAM FOR VET- ERANS WITH SERVICE-CONNECTED DISABILITIES.
Section 3103 of title 38, United States Code, is amended— (1) in subsection (a), by striking ‘‘or (g)’’ and inserting ‘‘(g), or (h)’’; and (2) by adding at the end the following new subsection: ‘‘(h)(1) In the case of a veteran who is eligible for a vocational rehabilitation program under this chapter and who is prevented from participating in the vocational rehabilitation program within the period of eligibility prescribed in subsection (a) because of a covered reason, as determined by the Secretary, such period of eligibility— ‘‘(A) shall not run during the period the veteran is so prevented from participating in such program; and ‘‘(B) shall again begin running on a date determined by the Secretary that is— ‘‘(i) not earlier than the first day after the veteran is able to resume participation in a vocational rehabilitation program under this chapter; and ‘‘(ii) not later than 90 days after that day.
‘‘(2) In this subsection, a covered reason is— ‘‘(A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or ‘‘(B) another reason that prevents the veteran from partici- pating in the vocational rehabilitation program, as determined by the Secretary.’’.

H. R. 2617—1000 SEC.

234.

PERIOD FOR ELIGIBILITY UNDER SURVIVORS’ AND DEPEND- ENTS’ EDUCATIONAL ASSISTANCE PROGRAM OF DEPART- MENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Section 3512 of title 38, United States Code, is amended— (1) by redesignating subsection (h) as subsection (f); and (2) by adding at the end the following new subsection: ‘‘(g) Notwithstanding any other provision of this section, the following persons may be afforded educational assistance under this chapter at any time after August 1, 2023, and without regard to the age of the person: ‘‘(1) A person who first becomes an eligible person on or after August 1, 2023.
‘‘(2) A person who— ‘‘(A) first becomes an eligible person before August 1, 2023; and ‘‘(B) becomes 18 years of age, or completes secondary schooling, on or after August 1, 2023.’’.
(b) CONFORMING AMENDMENTS.—Such section is further amended— (1) in subsection (a), by striking ‘‘The educational’’ and inserting ‘‘Except as provided in subsection (g), the educational’’; (2) in subsection (b)— (A) in paragraph (1)(A), by inserting ‘‘subsection (g) or’’ after ‘‘provided in’’; and (B) in paragraph (2), by striking ‘‘Notwithstanding’’ and inserting ‘‘Except as provided in subsection (g), not- withstanding’’; and (3) in subsection (e), by striking ‘‘No person’’ and inserting ‘‘Except as provided in subsection (g), no person’’.
Subtitle D—Rural Veterans Travel Enhancement SEC.

241.

COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON FRAUD, WASTE, AND ABUSE OF THE DEPARTMENT OF VETERANS AFFAIRS BENEFICIARY TRAVEL PROGRAM.
(a) STUDY AND REPORT REQUIRED.—Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) complete a study on fraud, waste, and abuse of the benefits furnished under section 111 of title 38, United States Code, that may have occurred during the five-year period ending on the date of the enactment of this Act; and (2) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the Comptroller General with respect to the study completed under paragraph (1).
(b) ELEMENTS.—Study conducted under subsection (a)(1) shall cover the following: (1) The quantity and monetary amount of claims that have been adjudicated as fraudulent or improper, disaggregated, to the extent possible, by general health care travel and by special mode of transportation.
H. R. 2617—1001 (2) Instances of potential fraud or improper payments that may have occurred but were not detected, disaggregated, to the extent possible, by general health care travel and by special mode of transportation.

(3) The efforts of the Secretary of Veterans Affairs to miti- gate fraud and the effectiveness of the efforts of the Secretary.
(4) Assessment of communication and training provided by the Department of Veterans Affairs to employees and con- tractors handling claims filed under section 111 of such title regarding fraud.

(5) Such recommendations as the Comptroller General may have for further mitigation of fraud, waste, and abuse.

SEC.

242.

COMPTROLLER GENERAL STUDY AND REPORT ON EFFECTIVENESS OF DEPARTMENT OF VETERANS AFFAIRS BENEFICIARY TRAVEL PROGRAM MILEAGE REIMBURSE- MENT AND DEDUCTIBLE AMOUNTS.
Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) complete a study on— (A) the efficacy of the current mileage reimbursement rate under subsection (a) of section 111 of title 38, United States Code, in mitigating the financial burden of transpor- tation costs for traveling to and from Department of Vet- erans Affairs medical facilities for medical care; (B) the origins of the amount of the deductible under subsection (c) of such section and its impact on the efficacy of the benefits provided under such section in mitigating financial burden on veterans seeking medical care; and (C) developing such recommendations as the Comp- troller General may have for how this program or another transportation assistance program could further encourage veterans, especially low-income veterans, to seek medical care, especially mental health care; and (2) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the Comptroller General with respect to the study completed under paragraph (1).
SEC.

243.

DEPARTMENT OF VETERANS AFFAIRS TRANSPORTATION PILOT PROGRAM FOR LOW INCOME VETERANS.
(a) PILOT PROGRAM REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program to assess the feasibility and advisability of providing payments authorized under subsection (a) of section 111 of title 38, United States Code, 48 hours in advance of travel to eligible appointments to veterans and other eligible individuals who are also eligible for a deduction waiver as provided by paragraphs (3) and (4) of subsection (c) of such section.
(b) DURATION.—The Secretary shall carry out the pilot program during the five-year period beginning on the date of the commence- ment of the pilot program.

(c) LOCATIONS.—The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for pur- poses of the pilot program.
(d) REPORT.— H. R. 2617—1002 (1) IN GENERAL.—Not later than 180 days after the date of the completion of the pilot program, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the pilot program.

(2) CONTENTS.—The report submitted under paragraph (1) shall include the following: (A) The number of individuals who benefitted from the pilot program broken, disaggregated by geographic loca- tion, race or ethnicity, age, disability rating, and sex.
(B) Average distance traveled by participants to appointments and average funds provided per appointment, disaggregated by geographic region.

(C) A description of any impediments to carrying out the pilot program.

(D) An account of payments provided for travel that did not occur or was authorized incorrectly.

(E) An account of any attempts to retrieve such pay- ment.

(F) Recommendations of the Secretary for legislative or administrative action to reduce improper payments.
(G) An assessment of the feasibility and advisability of providing payments as described in subsection (a).

SEC.

244.

PILOT PROGRAM FOR TRAVEL COST REIMBURSEMENT FOR ACCESSING READJUSTMENT COUNSELING SERVICES.
(a) PILOT PROGRAM REQUIRED.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall establish and commence a pilot program, within the Readjustment Counseling Services of the Veterans Health Administration, to assess the feasi- bility and advisability of providing payment to cover or offset finan- cial difficulties of an individual in accessing or using transportation to and from the nearest Vet Center service site providing the necessary readjustment counseling services for the individual’s plan of service.
(b) PARTICIPATION.— (1) IN GENERAL.—In carrying out the pilot program required by subsection (a), the Secretary shall limit participation— (A) by individuals pursuant to paragraph (2); and (B) by Vet Centers pursuant to paragraph (3).

(2) PARTICIPATION BY INDIVIDUALS.— (A) IN GENERAL.—The Secretary shall limit participa- tion in the pilot program to individuals who are eligible for services at a participating Vet Center and experiencing financial hardship.
(B) FINANCIAL HARDSHIP.—The Secretary shall deter- mine the meaning of ‘‘financial hardship’’ for purposes of subparagraph (A).

(3) PARTICIPATION OF VET CENTERS.—Vet Centers partici- pating in the program shall be chosen by the Secretary from among those serving individuals in areas designated by the Secretary as rural or highly rural or Tribal lands.
(c) TRAVEL ALLOWANCES AND REIMBURSEMENTS.—Under the pilot program required by subsection (a), the Secretary shall provide a participating individual a travel allowance or reimbursement at the earliest time practicable, but not later than 10 business days after the date of the appointment.

H. R. 2617—1003 (d) DURATION.—The Secretary shall carry out the pilot program required by subsection (a) during the five-year period beginning on the date of the commencement of the pilot program.
(e) LOCATIONS.— (1) IN GENERAL.—The Secretary shall carry out the pilot program at not fewer than five locations selected by the Sec- retary for purposes of the pilot program.
(2) EXISTING INITIATIVE.— (A) LOCATIONS PARTICIPATING IN EXISTING INITIATIVE.— Of the locations selected under paragraph (1), four shall be the locations participating in the initiative commenced under section 104(a) of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112–154), as most recently amended by section 105 of the Continuing Appropriations and Ukraine Supple- mental Appropriations Act, 2023 (Public Law 117–180), as of the date of the enactment of this Act.
(B) TERMINATION OF EXISTING INITIATIVE.—Section 104(a) of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, as so amended, is further amended by striking ‘‘September 30, 2023’’ and inserting ‘‘the date on which the pilot program required by subsection (a) of section 244 of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Bene- fits and Health Care Improvement Act of 2022 commences at each of the locations described in subsection (e)(2)(A) of such section’’.
(f) ANNUAL REPORTS.— (1) IN GENERAL.—Not later than one year after the date of the commencement of the pilot program required by sub- section (a) and each year thereafter for the duration of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Vet- erans’ Affairs of the House of Representatives a report on the findings of the Secretary with respect to the pilot program.
(2) CONTENTS.—Each report submitted under paragraph (1) shall include the following: (A) The number of individuals who benefitted from the pilot program, disaggregated by age, race or ethnicity, and sex, to the extent possible.

(B) The average distance traveled by each individual per each Vet Center.

(C) The definition of financial hardship determined by the Secretary under subsection (b)(2)(B).

(D) A description of how the funds are distributed.
(E) The average amount of funds distributed per instance, disaggregated by Vet Center.

(F) A description of any impediments to the Secretary in paying expenses or allowances under the pilot program.

(G) An assessment of the potential for fraudulent receipt of payment under the pilot program and the rec- ommendations of the Secretary for legislative or adminis- trative action to reduce such fraud.
(H) Such recommendations for legislative or adminis- trative action as the Secretary considers appropriate with respect to the payment of expenses or allowances.

H. R. 2617—1004 (g) VET CENTER DEFINED.—In this section, the term ‘‘Vet Center’’ means a center for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code.

Subtitle E—VA Beneficiary Debt Collection Improvement Act SEC.

251.

SHORT TITLE.
251.

SHORT TITLE.

This subtitle may be cited as the ‘‘VA Beneficiary Debt Collec- tion Improvement Act of 2022’’.

SEC.

252.

PROHIBITION OF DEBT ARISING FROM OVERPAYMENT DUE TO DELAY IN PROCESSING BY THE DEPARTMENT OF VET- ERANS AFFAIRS.

(a) BAR TO RECOVERY.— (1) IN GENERAL.—Chapter 53 of title 38, United States Code, is amended by inserting after section 5302A the following new section: ‘‘§ 5302B.
Prohibition of debt arising from overpayment due to delay in processing ‘‘(a) LIMITATION.—(1) Except as provided in paragraph (2), no individual may incur a debt to the United States that— ‘‘(A) arises from the participation of the individual in a program or benefit administered by the Under Secretary for Benefits; and ‘‘(B) is attributable to the failure of an employee or official of the Department to process information provided by or on behalf of that individual within applicable timeliness standards established by the Secretary.
‘‘(2) Nothing in this section shall be construed to affect the penal and forfeiture provisions for fiduciaries set forth in chapter 61 of this title.

‘‘(b) NOTICE.—(1) If the Secretary determines that the Secretary has made an overpayment to an individual, the Secretary shall provide notice to the individual of the overpayment.
‘‘(2) Notice under paragraph (1) shall include a detailed expla- nation of the right of the individual— ‘‘(A) to dispute the overpayment, including a detailed expla- nation of the process by which to dispute the overpayment; or ‘‘(B) to request a waiver of indebtedness.
‘‘(c) DELAY ON COLLECTION.—(1) Subject to paragraph (2), the Secretary may not take any action under section 3711 of title 31 regarding an overpayment described in a notice under subsection (b) of this section until the date that is 90 days after the date the Secretary issues such notice.
‘‘(2) The Secretary may take action under section 3711 of title 31 regarding an overpayment described in a notice under subsection (b) of this section before the date that is 90 days after the date the Secretary issues such notice if the Secretary determines that delaying such action is— ‘‘(A) likely to make repayment of such overpayment more difficult for an individual; H. R. 2617—1005 ‘‘(B) likely to cause an unpaid debt to be referred to the Treasury Offset Program; or ‘‘(C) not in the best interest of the individual.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5302A the following new item: ‘‘5302B.

Prohibition of debt arising from overpayment due to delay in processing.’’.

(3) DEADLINE.—The Secretary of Veterans Affairs shall pre- scribe regulations to establish standards under section 5302B(a)(2) of such title, as added by subsection (a), not later than 180 days after the date of the enactment of this Act.
(b) PLAN FOR IMPROVED NOTIFICATION AND COMMUNICATION OF DEBTS.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and one year thereafter, the Secretary of Veterans Affairs shall provide the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of representatives a briefing and submit to such committees a report on the improvement of the notifica- tion of and communication with individuals who receive over- payments made by the Secretary.
(2) CONTENTS.—Each report under paragraph (1) shall include each of the following: (A) The plan of the Secretary to carry out each of the following: (i) The development and implementation of a mechanism by which individuals enrolled in the patient enrollment system under section 1705 of title 38, United States Code, may view their monthly patient medical statements electronically.
(ii) The development and implementation of a mechanism by which individuals eligible for benefits under the laws administered by the Secretary may receive electronic correspondence relating to debt and overpayment information.

(iii) The development and implementation of a mechanism by which individuals eligible for benefits under the laws administered by the Secretary may access information related to Department of Veterans Affairs debt electronically.
(iv) The improvement and clarification of Depart- ment communications relating to overpayments and debt collection, including letters and electronic cor- respondence and including information relating to the most common reasons individuals eligible for benefits under the laws administered by the Secretary incur debts to the United States and the process for requesting a waiver of such debt.
The Secretary shall develop such improvements and clarifications in con- sultation with veterans service organizations, labor organizations that represent employees of the Depart- ment, other relevant nongovernmental organizations, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives.
(B) A description of the current efforts and plans for improving the accuracy of payments to individuals entitled H. R. 2617—1006 to benefits under the laws administered by the Secretary, including specific data matching agreements.

(C) A description of steps to be taken to improve the identification of underpayments to such individuals and to improve Department procedures and policies to ensure that such individuals who are underpaid receive adequate compensation payments.
(D) A list of actions completed, implementation steps, and timetables for each requirement described in subpara- graphs (A) through (C).

(E) A description of any new legislative authority required to complete any such requirement.

SEC.

253.

PROHIBITION ON DEPARTMENT OF VETERANS AFFAIRS INTEREST AND ADMINISTRATIVE COST CHARGES FOR DEBTS RELATING TO CERTAIN BENEFITS PROGRAMS.
(a) IN GENERAL.—Section 5315(a)(1) of title 38, United States Code, is amended— (1) by striking ‘‘other than a loan’’ and all that follows through the semicolon and inserting ‘‘other than—’’; and (2) by adding at the end the following new subparagraphs: ‘‘(A) a loan, loan-guaranty, or loan-insurance program; ‘‘(B) a disability compensation program; ‘‘(C) a pension program; or ‘‘(D) an educational assistance program.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to an indebtedness that occurs on or after the date of the enactment of this Act.

SEC.

254.

EXTENSION OF WINDOW TO REQUEST RELIEF FROM RECOVERY OF DEBT ARISING UNDER LAWS ADMINIS- TERED BY THE SECRETARY OF VETERANS AFFAIRS.

(a) IN GENERAL.—Section 5302(a) of title 38, United States Code, is amended by striking ‘‘180 days’’ and inserting ‘‘one year’’.
(b) EFFECTIVE DATE.—Subsection (a) shall take effect on the date that is two years after the date of the enactment of this Act.

SEC.

255.

REFORMS RELATING TO RECOVERY BY DEPARTMENT OF VETERANS AFFAIRS OF AMOUNTS OWED BY INDIVIDUALS TO THE UNITED STATES.
(a) LIMITATION ON INDEBTEDNESS OFFSETS.—Subsection (a) of section 5314 of title 38, United States Code, is amended— (1) by inserting ‘‘(1)’’ before ‘‘Subject to’’; and (2) by adding at the end the following new paragraph: ‘‘(2) The Secretary may not make a deduction under paragraph (1) while the existence or amount of such indebtedness is disputed under section 5314A of this title.’’.
(b) ADMINISTRATIVE PROCESS FOR DISPUTE OF EXISTENCE OR AMOUNT OF INDEBTEDNESS.— (1) ESTABLISHMENT.—Chapter 53 of title 38, United States Code, is amended by inserting after section 5314 the following new section: ‘‘§ 5314A.
Dispute of indebtedness ‘‘(a) ESTABLISHMENT.—The Secretary shall prescribe regulations that establish an administrative process for the dispute of the existence or amount of an indebtedness described in section H. R. 2617—1007 5314(a)(1) of this title (without regard to whether the Secretary has made a deduction under such section regarding such indebted- ness).

‘‘(b) STANDARDS.—The process under subsection (a) shall be efficient, effective, and equitable.
‘‘(c) TIMELINESS.—The Secretary shall ensure that each dispute under subsection (a) proceeds in accordance with standards for timeliness prescribed by the Secretary under this section.

‘‘(d) LIMITATION.—The Secretary may not submit to any debt collector (as defined in section 803 of the Fair Debt Collection Practices Act (15 U.S.C.

1692a)) any dispute pending under this section.


‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to modify the procedures for seeking review of a decision of the agency of original jurisdiction described in section 5104C(a)(1) of this title.’’.
(2) EXISTING ADMINISTRATIVE PROCESS.—The Secretary of Veterans Affairs shall carry out section 5314A of such title, as added by paragraph (1), by improving the administrative process of the Department of Veterans Affairs for the dispute of the existing or amount of an indebtedness that was in effect on the day before the date of the enactment of this Act.
TO (3) IMPROVEMENTS DEPARTMENT WEBSITE AND NOTICES.—In carrying out paragraph (2), the Secretary shall— (A) improve the website of the Department; and (B) ensure that such website and written notices sent to a person about indebtedness described in section 5314(a) of title 38, United States Code, contain all information a person needs to dispute such an indebtedness, including a description of— (i) the specific actions the person will need to take in order to dispute the indebtedness; (ii) the documentation that will be required for the dispute; and (iii) how the documentation is to be submitted.
(4) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5314 the following new item: ‘‘5314A.

Dispute of indebtedness.’’.


(c) LIMITATION ON AUTHORITY TO RECOVER DEBTS.—Section 5302(a) of title 38, United States Code, is amended— (1) by inserting ‘‘(1)’’ before ‘‘There’’; and (2) by adding at the end the following new paragraph: ‘‘(2) The Secretary may not seek to recover an indebtedness described in paragraph (1) if the Secretary determines that the cost to the Department to recover such indebtedness, as determined when the debt is established, would exceed the amount of the indebtedness.’’.
TITLE III—HOMELESSNESS MATTERS SEC.

301.

ADJUSTMENTS OF GRANTS AWARDED BY THE SECRETARY OF VETERANS AFFAIRS FOR COMPREHENSIVE SERVICE PROGRAMS TO SERVE HOMELESS VETERANS.

(a) ELIMINATION OF MATCHING REQUIREMENT.— H. R. 2617—1008 (1) IN GENERAL.—Section 2011(c) of title 38, United States Codes, is amended— (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2).
(2) APPLICABILITY.—The amendments made by paragraph (1) shall apply with respect to any grant awarded under section 2011 of title 38, United States Code, on or after the date of the enactment of this Act.
(3) DETERMINATION OF AMOUNT OF GRANT.—On or after the date that is five years after the date of the enactment of this Act, the Secretary of Veterans Affairs may determine the maximum amount of a grant under section 2011 of title 38, United States Code, which shall be not less than 70 percent of the estimated cost of the project concerned.

(4) SUNSET.—Section 4201(b)(2) of the Johnny Isakson and David P. Roe, M.D.

Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 134 Stat.
5009; 38 U.S.C.

2011 note) is amended— (A) by striking ‘‘Subsection (c)(2)’’ and inserting the following: ‘‘(A) IN GENERAL.—Subsection (c)(2)’’; and (B) by adding at the end the following new subpara- graph: ‘‘(B) SUNSET.—Subparagraph (A) shall cease to be effec- tive on the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Bene- fits and Health Care Improvement Act of 2022.’’.
(b) ELIMINATION OF PROPERTY DISPOSITION REQUIREMENTS.— (1) IN GENERAL.—A recipient of a grant awarded under section 2011 of title 38, United States Code, on or after the date of the enactment of this Act for a project described in subsection (b)(1) of such section shall not be subject to any real property or equipment disposition requirements relating to the grant under section 61.67 of title 38, Code of Federal Regulations, sections 200.311(c) and 200.313(e) of title 2, Code of Federal Regulations, or successor regulations.
(2) SUNSET.—Section 4201(b)(6) of the Johnny Isakson and David P. Roe, M.D.

Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 134 Stat.

5010; 38 U.S.C.
5010; 38 U.S.C.

2011 note) is amended— (A) by striking ‘‘During’’ and inserting the following: ‘‘(A) IN GENERAL.—During’’; and (B) by adding at the end the following new subpara- graph: ‘‘(B) SUNSET.—Subparagraph (A) shall cease to be effec- tive on the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Bene- fits and Health Care Improvement Act of 2022.’’.

SEC.

302.
SEC.

302.

MODIFICATIONS TO PROGRAM TO IMPROVE RETENTION OF HOUSING BY FORMERLY HOMELESS VETERANS AND VET- ERANS AT RISK OF BECOMING HOMELESS.
Section 2013 of title 38, United States Code, is amended— (1) by redesignating subsection (b) as subsection (d); (2) by inserting after subsection (a) the following new sub- sections: H. R. 2617—1009 ‘‘(b) SERVICES.—Services provided under the program shall include services to assist veterans described in subsection (a) with navigating resources provided by the Federal Government and State, local, and Tribal governments.
‘‘(c) STAFFING.—In geographic areas where individuals who meet the licensure and certification requirements to provide services under the program are in high demand as determined by the Secretary, such services may be provided through one or more individuals with a master’s degree in social work who are under- going training to meet such requirements, if such individuals are under the supervision of an individual who meets such require- ments.’’; and (3) in subsection (d), as redesignated by paragraph (1), by adding at the end the following new paragraph: ‘‘(3) The Secretary shall require each recipient of a grant awarded under this subsection to submit to the Secretary a report that describes the services provided or coordinated with amounts under such grant.’’.
SEC.

303.

MODIFICATIONS TO HOMELESS VETERANS REINTEGRATION PROGRAMS.

(a) IN GENERAL.—Section 2021 of title 38, United States Code, is amended to read as follows: ‘‘§ 2021.
Homeless veterans reintegration programs ‘‘(a) IN GENERAL.—Subject to the availability of appropriations provided for such purpose, the Secretary of Labor shall conduct, directly or through grant or contract, such programs as that Sec- retary determines appropriate to provide job training, counseling, and placement services (including job readiness and literacy and skills training) to expedite the reintegration into the labor force of— ‘‘(1) homeless veterans, including— ‘‘(A) veterans who were homeless but found housing during the 60-day period preceding the date on which the veteran begins to participate in a program under this sec- tion; and ‘‘(B) veterans who are at risk of homelessness during the 60-day period beginning on the date on which the veteran begins to participate in a program under this sec- tion; ‘‘(2) veterans participating in the Department of Housing and Urban Development-Department of Veterans Affairs sup- ported housing program for which rental assistance is provided pursuant to section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)) or the Tribal HUD-VA Sup- portive Housing (Tribal HUD-VASH) program; ‘‘(3) Indians who are veterans and receiving assistance under the Native American Housing Assistance and Self-Deter- mination Act of 1996 (25 U.S.C.

4101 et seq.
4101 et seq.

); ‘‘(4) veterans described in section 2023(d) of this title or any other veterans who are transitioning from being incarcer- ated; and ‘‘(5) veterans participating in the Department of Veterans Affairs rapid rehousing and prevention program authorized in section 2044 of this title.
H. R. 2617—1010 ‘‘(b) GRANTS.—(1) In awarding grants for purposes of conducting programs described in subsection (a), the Secretary of Labor shall, to the maximum extent practicable, consider applications for fundable grants from entities in all States.
‘‘(2) In each State in which no entity has been awarded a grant described in paragraph (1) as of the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary of Labor shall, in coordination with the Director of Vet- erans’ Employment and Training in the State, organize and conduct an outreach and education program to ensure communities are aware of the programs conducted under this section and the benefits of the programs.
‘‘(c) TRAINING AND TECHNICAL ASSISTANCE.—(1) The Secretary of Labor shall provide training and technical assistance to entities seeking a grant or contract under this section and recipients of a grant or contract under this section regarding the planning, development, and provision of services for which the grant or con- tract is awarded, including before and during the grant application or contract award period.
‘‘(2) The training and technical assistance provided under para- graph (1) shall include outreach and assistance specifically designed for entities serving regions and populations underserved by the programs conducted under this section.

‘‘(3) The Secretary of Labor may provide training and technical assistance under paragraph (1) directly or through grants or con- tracts with such public or nonprofit private entities as that Sec- retary considers appropriate.
‘‘(d) REQUIREMENT TO MONITOR EXPENDITURES OF FUNDS.— (1) The Secretary of Labor shall collect such information as that Secretary considers appropriate to monitor and evaluate the dis- tribution and expenditure of funds appropriated to carry out this section.

‘‘(2) Information collected under paragraph (1) shall include data with respect to the results or outcomes of the services provided to each homeless veteran under this section.
‘‘(3) Information collected under paragraph (1) shall be fur- nished in such form and manner as the Secretary of Labor may specify.

‘‘(e) ADMINISTRATION THROUGH ASSISTANT SECRETARY OF LABOR FOR VETERANS’ EMPLOYMENT AND TRAINING.—The Secretary of Labor shall carry out this section through the Assistant Secretary of Labor for Veterans’ Employment and Training.
‘‘(f) PROVISION OF SERVICES TO VETERANS IN CERTAIN INSTITU- TIONS.—(1) The Attorney General of the United States shall permit a recipient of a grant or contract under this section or section 2023 of this title to provide services under this section or section 2023 of this title to any veteran described in subsection (a)(4) who is residing in a penal institution under the jurisdiction of the Bureau of Prisons.
‘‘(2) The recipient of a grant or contract under this section may provide to officials of an institution described in paragraph (1) information regarding the services provided to veterans under this section and section 2023 of this title during the 18-month period preceding the release or discharge of a veteran from the institution.
H. R. 2617—1011 ‘‘(g) REPORT ON SERVICES PROVIDED.—(1) The Secretary of Labor shall require each recipient of a grant or contract under this section to submit to that Secretary a report on the services provided and veterans served using grant or contract amounts not later than 90 days after the end of each program year, beginning with the program year the begins after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.
‘‘(2) To the extent practicable, each report submitted under paragraph (1) shall— ‘‘(A) disaggregate the number of veterans served by— ‘‘(i) sex; ‘‘(ii) age; ‘‘(iii) race; ‘‘(iv) ethnicity; ‘‘(v) approximate era in which the veteran served in the Armed Forces; ‘‘(vi) the highest level of education attained; ‘‘(vii) the average period of time the veteran was unemployed or underemployed before receiving services under this section and while receiving such services; and ‘‘(viii) housing status as of— ‘‘(I) the date on which the veteran is first enrolled in services under this section; and ‘‘(II) any subsequent date, if such data is available; and ‘‘(B) include data on the number of veterans receiving serv- ices under this section who are eligible for health care and benefits provided by the Department of Veterans Affairs.
‘‘(h) REPORTS TO CONGRESS.—(1) Not less frequently than every two years, the Secretary of Labor shall submit to Congress a report on the programs conducted under this section.

The Secretary of Labor shall include in the report the following: ‘‘(A) An evaluation of services furnished to veterans under this section.

‘‘(B) An analysis of the information collected under sub- section (d).
‘‘(C) An identification of— ‘‘(i) the total number of applications for grants under this section that the Secretary of Labor received during the fiscal year preceding the date on which the report is submitted; and ‘‘(ii) the number of such applications that were denied.
‘‘(D) With respect to each State in which no entity was awarded a grant under this section during the fiscal year preceding the date on which the report is submitted— ‘‘(i) an identification of the top five reasons why entities that applied for such a grant were not awarded the grant; and ‘‘(ii) information regarding the specific criteria used to score the applications and an explanation of if, how, or why such criteria differed from the previous fiscal year.
‘‘(2) Not later than 180 days after the end of the program year that begins after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Bene- fits and Health Care Improvement Act of 2022, and not later than 120 days after the end of each program year thereafter, H. R. 2617—1012 the Secretary of Labor shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the following: ‘‘(A) Data obtained from the reports submitted under sub- section (g), disaggregated by geographic location.
‘‘(B) The number of grants and contracts not awarded under this section due to insufficient funds.

‘‘(C) The number of returning recipients of grants or con- tracts that were and were not awarded grants or contracts under this section during the most recent application cycle.

‘‘(D) The number of applications received from entities in States in which no entities received a grant or contract under this section.
‘‘(E) The number of veterans who were admitted to a pro- gram conducted under this section but not placed in a job following participation in such program, disaggregated by geographic location, age, sex, and race or ethnicity.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—(1) There are author- ized to be appropriated to carry out this section amounts as follows: ‘‘(A) $50,000,000 for fiscal year 2002.

‘‘(B) $50,000,000 for fiscal year 2003.

‘‘(C) $50,000,000 for fiscal year 2004.


‘‘(D) $50,000,000 for fiscal year 2005.

‘‘(E) $50,000,000 for fiscal year 2006.

‘‘(F) $50,000,000 for each of fiscal years 2007 through 2023.

‘‘(G) $60,000,000 for fiscal year 2024 and each fiscal year thereafter.

‘‘(2) Funds appropriated to carry out this section shall remain available until expended.

Funds obligated in any fiscal year to carry out this section may be expended in that fiscal year and the succeeding fiscal year.’’.
(b) CONFORMING AMENDMENT.—Section 2021A(e) of title 38, United States Code, is amended by striking ‘‘section 2021(d)’’ and inserting ‘‘section 2021(h)(1)’’.

SEC.

304.

EXPANSION AND EXTENSION OF DEPARTMENT OF VETERANS AFFAIRS HOUSING ASSISTANCE FOR HOMELESS VET- ERANS.
(a) EXPANSION.—Subsection (a) of section 2041 of title 38, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting ‘‘or permanent housing’’ after ‘‘shelter’’; (B) in subparagraph (A), by striking ‘‘named in, or approved by the Secretary under, section 5902 of this title’’ and inserting ‘‘that is the recipient of a grant under section 2011, 2013, 2044, or 2061 of this title’’; and (C) in subparagraph (B), by inserting ‘‘or tribal entity,’’ after ‘‘State’’; and (2) in paragraph (3)(B)— (A) in clause (i)— (i) by inserting ‘‘or permanent housing’’ after ‘‘shelter’’; (ii) by inserting ‘‘(I)’’ before ‘‘utilize’’; (iii) by striking the comma and inserting ‘‘; or’’; and H. R. 2617—1013 (iv) by adding at the end the following new sub- clause: ‘‘(II) sell or rent the property directly to homeless veterans or veterans at risk of homelessness;’’; and (B) in each of clauses (ii) and (iii), by striking the comma and inserting a semicolon.
(b) EXTENSION.—Subsection (c) of such section is amended by striking ‘‘September 30, 2017’’ and inserting ‘‘September 30, 2026’’.

SEC.

305.

TRAINING AND TECHNICAL ASSISTANCE PROVIDED BY SEC- RETARY OF VETERANS AFFAIRS TO CERTAIN ENTITIES.

(a) SUPPORTIVE SERVICES FOR VERY LOW-INCOME FAMILIES IN PERMANENT HOUSING.—Section 2044(e) of title 38, United States Code, is amended— (1) by striking paragraphs (2) and (3); and (2) by striking ‘‘(1) From amounts’’ and inserting ‘‘From amounts’’.
(b) COMPREHENSIVE SERVICE PROGRAMS.— (1) IN GENERAL.—Subchapter II of chapter 20 of title 38, United States Code, is amended— (A) by redesignating section 2014 as section 2016; and (B) by inserting after section 2013 the following new sections 2014 and 2015: ‘‘§ 2014.
Training and technical assistance for recipients of certain financial assistance ‘‘(a) IN GENERAL.—The Secretary shall provide training and technical assistance to recipients of grants under sections 2011 and 2013 of this title and recipients of per diem payments under sections 2012 and 2061 of this title regarding the planning, develop- ment, and provision of services for which the grant or payment is made.
‘‘(b) PROVISION OF TRAINING AND TECHNICAL ASSISTANCE.—The Secretary may provide training and technical assistance under sub- section (a) directly or through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate.

‘‘§ 2015.
‘‘§ 2015.

Training and technical assistance for entities regarding services provided to veterans at risk of, experiencing, or transitioning out of homelessness ‘‘(a) IN GENERAL.—The Secretary shall provide training and technical assistance to entities serving veterans at risk of, experi- encing, or transitioning out of homelessness regarding— ‘‘(1) the provision of such services to such veterans; and ‘‘(2) the planning and development of such services.
‘‘(b) COORDINATION.—The Secretary may coordinate the provi- sion of training and technical assistance under subsection (a) with the Secretary of Housing and Urban Development and the Secretary of Labor.
‘‘(c) ELEMENTS.—The training and technical assistance provided under subsection (a) shall include coordination and communication of best practices among all programs administered by the Veterans Health Administration directed at serving veterans at risk of, experiencing, or transitioning out of homelessness.
‘‘(d) PROVISION OF TRAINING.—The Secretary may provide the training and technical assistance under subsection (a) directly or H. R. 2617—1014 through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate.’’.
(2) USE OF AMOUNTS.—The Secretary of Veterans Affairs shall provide training and technical assistance under sections 2014 and 2015 of such title, as inserted by paragraph (1)(B), using amounts appropriated or otherwise made available to the Department of Veterans Affairs on or after the date of the enactment of this Act.

(3) CONFORMING AMENDMENT.—Section 20013(a) of the Coronavirus Aid, Relief, and Economic Security Act (38 U.S.C.

2011 note) is amended by striking ‘‘2014’’ and inserting ‘‘2016’’.
(4) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2014 and inserting the following new items: ‘‘2014.

Training and technical assistance for recipients of certain financial assist- ance.

‘‘2015.

Training and technical assistance for entities regarding services provided to veterans at risk of, experiencing, or transitioning out of homelessness.

‘‘2016.

Authorization of appropriations.’’.

SEC.

306.


MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR ENTI- TIES COLLABORATING WITH THE SECRETARY OF VET- ERANS AFFAIRS TO PROVIDE CASE MANAGEMENT SERV- ICES TO HOMELESS VETERANS IN THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT-DEPARTMENT OF VETERANS AFFAIRS SUPPORTED HOUSING PROGRAM.

Section 304(c)(2)(A) of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 (38 U.S.C.
2041 note) is amended— (1) by redesignating subparagraphs (B) through (E) as sub- paragraphs (C) through (F), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph (B): ‘‘(B) providing case management services to veterans for obtaining suitable housing at varying locations nation- wide or in the area or areas similar to where the services will be provided under the relevant contract or agreement;’’.

SEC.

307.
SEC.

307.

DEPARTMENT OF VETERANS AFFAIRS SHARING OF INFORMA- TION RELATING TO COORDINATED ENTRY PROCESSES FOR HOUSING AND SERVICES OPERATED UNDER DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT CON- TINUUM OF CARE PROGRAM.
(a) IN GENERAL.—The Under Secretary for Health of the Department of Veterans Affairs shall— (1) provide to staff of medical centers of the Department of Veterans Affairs and homelessness service providers of the Department the information described in subsection (b); and (2) ensure that such information, and other resources the Under Secretary determines are appropriate, are accessible to such staff and providers.
(b) INFORMATION DESCRIBED.—The information described in this subsection is information related to best practices with respect to the collaboration between medical centers of the Department of Veterans Affairs, homelessness service providers of the Depart- ment, and local partners (including local offices of the Department of Housing and Urban Development or public housing agencies, H. R. 2617—1015 and private and public local community organizations) on the cen- tralized or coordinated assessment systems established and oper- ated by Continuums of Care under section 578.7(a)(8) of title 24, Code of Federal Regulations, including making referrals and sharing data, as the Under Secretary determines appropriate.
SEC.

308.

DEPARTMENT OF VETERANS AFFAIRS COMMUNICATION WITH EMPLOYEES RESPONSIBLE FOR HOMELESSNESS ASSISTANCE PROGRAMS.
The Under Secretary for Health of the Department of Veterans Affairs shall clearly communicate with employees of the Department of Veterans Affairs whose responsibilities are related to homeless- ness assistance programs regarding— (1) the measurement of performance of such programs by the Homeless Programs Office of the Department; and (2) how to obtain and provide feedback about performance measures.

SEC.

309.

SYSTEM FOR SHARING AND REPORTING DATA.


(a) IN GENERAL.—The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development shall work together to develop a system for effectively sharing and reporting data between the community-wide homeless management information system described in section 402(f)(3) of the McKinney-Vento Home- less Assistance Act (42 U.S.C.

11360a(f)(3)) and the Homeless Oper- ations Management and Evaluation System of the Department of Veterans Affairs.
(b) DEADLINE.—The Secretary of Veterans Affairs and the Sec- retary of Housing and Urban Development shall ensure that the system developed under subsection (a) is operational not later than three years after the date of the enactment of this Act.

SEC.

310.

PILOT PROGRAM ON GRANTS FOR HEALTH CARE FOR HOME- LESS VETERANS.
(a) PILOT PROGRAM REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program to assess the feasibility and advisability of awarding grants to eligible entities to meet the health care needs of— (1) veterans who are homeless; (2) veterans who were previously homeless and are transitioning to permanent housing; and (3) veterans who are at risk of becoming homeless.
(b) LOCATIONS.—The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for pur- poses of the pilot program.

(c) AWARD OF GRANTS.— (1) IN GENERAL.—In carrying out the pilot program, the Secretary shall award grants to eligible entities for the purpose described in subsection (a).
(2) ELIGIBLE ENTITIES.—For purposes of this section, an eligible entity is any entity that is providing transitional housing services to veterans as of the date on which the entity applies for a grant under this section.
(3) PREFERENCE.—In awarding grants under this section, the Secretary shall give preference to eligible entities that are recipients of grants under sections 2012 and 2061 of title H. R. 2617—1016 38, United States Code, as of the date on which the entity applies for a grant under this section.
(4) EQUITABLE DISTRIBUTION; PRIORITIZATION.— (A) EQUITABLE DISTRIBUTION.—The Secretary shall ensure that, to the extent practicable, grant amounts awarded under paragraph (1) are equitably distributed among eligible entities across geographic regions.
(B) PRIORITIZATION.—In awarding grants under this section, and in compliance with paragraphs (2) and (3), the Secretary may prioritize eligible entities located— (i) in rural communities; (ii) on Tribal lands; and (iii) in areas where there is a significant population of veterans aged 55 years old and older.
(5) INTERVALS OF PAYMENT AND MAXIMUM GRANT AMOUNT.— The Secretary may establish intervals of payment for the administration of grants under this section and a maximum grant amount to be awarded, in accordance with the services being provided by staff hired using grant amounts and the duration of such services.
(d) USE OF GRANT AMOUNTS.—The recipient of a grant under the pilot program— (1) shall use grant amounts for the hiring of appropriately qualified medical staff to care for veterans described in sub- section (a) who require assistance with activities of daily living or need consistent medical attention and monitoring; and (2) may use such amounts for supplies, administrative sup- port, and infrastructure needs associated with the duties of such staff and the needs of such veterans.
(e) REQUIREMENTS FOR RECEIPT OF GRANTS.— (1) NOTIFICATION THAT SERVICES ARE FROM DEPARTMENT.— Each entity receiving a grant under this section shall notify the recipients of services provided pursuant to grant amounts that such services are being paid for, in whole or in part, by the Department.
(2) COORDINATION.—An entity receiving a grant under this section shall— (A) coordinate with the Secretary with respect to the provision of clinical services to eligible individuals or any other provisions of the law regarding the delivery of health care by the Secretary; (B) inform each veteran who receives assistance under this section from the entity of the ability of the veteran to apply for enrollment in the patient enrollment system of the Department under section 1705(a) of title 38, United States Code; and (C) if such a veteran wishes to so enroll, inform the veteran of a point of contact at the Department who can assist the veteran in such enrollment.
(f) REPORT ON SERVICES PROVIDED.—The Secretary shall require each eligible entity awarded a grant under this section to submit to the Secretary a report that describes the services provided or coordinated with amounts under such grant.

(g) DURATION.—The Secretary shall carry out the pilot program during the five-year period beginning on the date on which the pilot program commences.
(h) REPORTS TO CONGRESS.— H. R. 2617—1017 (1) IN GENERAL.—Not later than one year after the date on which the first grants are awarded under this section, and annually thereafter until the program terminates, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the effectiveness of the program.
(2) ELEMENTS.—The report required by paragraph (1) shall include the number of veterans served by the pilot program under the care of a staff member the funding for whom is provided by a grant under the program, disaggregated by— (A) geographic location; (B) sex; (C) age; (D) race and ethnicity; (E) whether or not a veteran received health care from the Department during the two-year period preceding the date on which the veteran began participating in the pro- gram; (F) the number of veterans who transitioned into permanent housing as a result of participation in the pro- gram; (G) with respect to veterans who did not transition into permanent housing as a result of participation in the program, the main reasons for not so transitioning; (H) discharge status; and (I) eligibility for health care provided by the Depart- ment of Veterans Affairs.
SEC.

311.

PILOT PROGRAM ON AWARD OF GRANTS FOR SUBSTANCE USE DISORDER RECOVERY FOR HOMELESS VETERANS.
(a) PILOT PROGRAM REQUIRED.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program under which the Secretary shall award grants to eligible entities for the provision or coordination of services for recovery from substance use disorder for veterans who are homeless, were previously homeless and are transitioning to permanent housing, or are at risk of becoming homeless.
(b) DURATION.—The Secretary shall carry out the pilot program during the five-year period beginning on the date of the commence- ment of the pilot program.

(c) LOCATIONS.—The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for pur- poses of the pilot program.
(d) AWARD OF GRANTS.— (1) IN GENERAL.—In carrying out the pilot program, the Secretary shall award a grant to an eligible entity for each veteran with substance use disorder participating in the pilot program for which the eligible entity is providing or coordi- nating the provision of recovery services for substance use disorder under the pilot program.
(2) INTERVALS OF PAYMENT AND MAXIMUM AMOUNTS.—The Secretary may establish intervals of payment for the adminis- tration of grants under this section and a maximum amount to be awarded, in accordance with the services being provided and the duration of such services.
H. R. 2617—1018 (3) PREFERENCE.—In awarding grants under paragraph (1), the Secretary shall give preference to eligible entities providing or coordinating the provision of recovery services for substance use disorder for veterans with substance-use dependency who face barriers in accessing substance-use recovery services from the Department of Veterans Affairs.
(4) EQUITABLE DISTRIBUTION.—The Secretary shall ensure that, to the extent practicable, grant amounts awarded under paragraph (1) are equitably distributed across geographic regions, including rural and Tribal communities.

(5) REPORT ON SERVICES PROVIDED.—The Secretary shall require each eligible entity awarded a grant under paragraph (1) to submit to the Secretary a report that describes the services provided or coordinated with amounts under such grant.
(e) REQUIREMENTS FOR RECEIPT OF GRANTS.— (1) NOTIFICATION THAT SERVICES ARE FROM DEPARTMENT.— Each entity receiving a grant under this section shall notify the recipients of services provided pursuant to grant amounts that such services are being paid for, in whole or in part, by the Department.
(2) COORDINATION.—An entity receiving a grant under this section shall— (A) coordinate with the Secretary with respect to the provision of clinical services to eligible individuals or any other provisions of law regarding the delivery of health care by the Secretary; (B) inform each veteran who receives assistance under this section from the entity of the ability of the veteran to apply for enrollment in the patient enrollment system of the Department under section 1705(a) of title 38, United States Code; and (C) if such a veteran wishes to so enroll, inform the veteran of a point of contact at the Department who can assist the veteran in such enrollment.
(f) GRANT APPLICATION.— (1) IN GENERAL.—An eligible entity seeking the award of a grant under this section shall submit to the Secretary an application therefor in such form, in such manner, and con- taining such commitments and information as the Secretary considers necessary to carry out this section.
(2) CONTENTS OF APPLICATION.—Each application submitted by an eligible entity under paragraph (1) shall contain the following: (A) A description of the recovery services for substance use disorder proposed to be provided by the eligible entity under the pilot program and the identified need for those services.

(B) A description of the types of veterans with sub- stance use disorder proposed to be provided such recovery services.
(C) An estimate of the number of veterans with sub- stance use disorder proposed to be provided such recovery services.

(D) Evidence of the experience of the eligible entity in providing such recovery services to veterans with sub- stance use disorder.
H. R. 2617—1019 (E) A description of the managerial capacity of the eligible entity— (i) to assess continually the needs of veterans with substance use disorder for such recovery services; (ii) to coordinate the provision of such recovery services with services provided by the Department; and (iii) to tailor such recovery services to the needs of veterans with substance use disorder.
(3) CRITERIA FOR SELECTION.— (A) IN GENERAL.—The Secretary shall establish criteria for the selection of eligible entities to be awarded grants under this section.

(B) ELEMENTS.—Criteria established under subpara- graph (A) with respect to an eligible entity shall include the following: (i) Relevant accreditation as may be required by each State in which the eligible entity operates.

(ii) Experience coordinating care or providing treat- ment for veterans or members of the Armed Forces.
(g) PARTICIPATION.—Participation by a veteran in the pilot pro- gram shall not affect any eligibility status or requirements for such veteran with respect to other benefits or services provided by the Department.

(h) TECHNICAL ASSISTANCE.— (1) IN GENERAL.—The Secretary shall provide training and technical assistance to eligible entities awarded grants under this section regarding the planning, development, and provision of recovery services for substance use disorder under this sec- tion.
(2) PROVISION OF TRAINING.—The Secretary may provide the training required under paragraph (1) directly or through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate for purposes of this section, including through grants awarded under section 2064 of title 38, United States Code.
(i) COLLECTION OF INFORMATION.—To the extent practicable, the Secretary may collect information from an eligible entity awarded a grant under this section relating to a substance use disorder of a veteran participating in the pilot program for inclusion in the electronic health record of the Department for such veteran for the sole purpose of improving care provided to such veteran.
(j) STUDY ON EFFECTIVENESS OF PILOT PROGRAM.— (1) IN GENERAL.—The Secretary shall conduct a study on the effectiveness of the pilot program in meeting the needs of veterans with substance use disorder.

(2) COMPARISON.—In conducting the study required by paragraph (1), the Secretary shall compare the results of the pilot program with other programs of the Department dedicated to the delivery to veterans of recovery services for substance use disorder.
(3) CRITERIA.—In making the comparison required by para- graph (2), to the extent data is available, the Secretary shall examine the following: (A) The satisfaction of veterans targeted by the pro- grams described in paragraph (2).

H. R. 2617—1020 (B) The health status of such veterans, including mental health.

(C) The degree to which such programs encourage such veterans to engage in productive activity.
(D) The number of veterans using such programs, disaggregated by— (i) veterans who have received health care provided by the Department during the two-year period pre- ceding the conduct of the study; (ii) veterans who have not received health care provided by the Department during such period; (iii) veterans eligible for health care provided by the Department, disaggregated by— (I) veterans eligible for services from the Department similar to services provided under the pilot program; and (II) veterans not eligible for such services from the Department; and (iv) veterans ineligible for health care provided by the Department.
(E) The number of veterans who are still homeless or at risk of becoming homeless one year after completion of receipt of recovery services under such programs.

(F) The number of veterans who still have a substance use disorder that negatively impacts their daily living and ability to maintain independent housing 180 days after discharge from receipt of services provided under this sec- tion.

(G) The status of the discharge from the Armed Forces of veterans covered under this paragraph.
(4) REPORTS.—Not later than one year after the date on which the first grant is awarded under this section, and annually thereafter, the Secretary shall submit to the Com- mittee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the results of the study required by paragraph (1).
(k) DEFINITIONS.—In this section: (1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means any of the following: (A) An incorporated private institution or foundation— (i) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (ii) that has a governing board that is responsible for the operation of the recovery services for substance use disorder provided under this section; and (iii) that is approved by the Secretary with respect to financial responsibility.
(B) A for-profit limited partnership, the sole general partner of which is an organization meeting the require- ments of subparagraph (A).

(C) A corporation wholly owned and controlled by an organization meeting the requirements of subparagraph (A).

(D) A tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.

4103)).
4103)).

H. R. 2617—1021 (2) SUBSTANCE USE DISORDER.—The term ‘‘substance use disorder’’, with respect to a veteran, means the veteran has been diagnosed with, or is seeking treatment for, substance use disorder, as determined by the Secretary.

SEC.

312.

REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON AFFORDABLE HOUSING FOR VETERANS.
(a) REPORT REQUIRED.—Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the availability of afford- able housing for veterans who have or are participating in any program administered by the Homeless Programs Office of the Department of Veterans Affairs.
(b) CONTENTS.—The report required by subsection (a) shall include, with respect to the one-year period preceding the date of the enactment of this Act, the following: (1) The number of veterans using housing vouchers under the program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C.

1437f(o)(19)) (commonly referred to as ‘‘HUD–VASH’’).
(2) The number of veterans who were allocated a housing voucher described in paragraph (1) but who have been unable to attain permanent housing.

(3) The number of available housing vouchers described in paragraph (1) that are unused for any reason.
(4) Available data regarding the number of veterans who were discharged from transitional housing provided using amounts provided under sections 2061 and 2012 of title 38, United States Code, and did not transition to permanent housing due to a shortage of— (A) case managers under the program described in paragraph (1); (B) housing vouchers described in such paragraph; or (C) housing that meets the requirements and limita- tions with respect to such vouchers.
(c) DISAGGREGATION.—The contents of the report described in paragraphs (1), (2), and (4) of subsection (b) shall be disaggregated by veterans with a household income that does not exceed— (1) the area median income; (2) 80 percent of the area median income; (3) 50 percent of the area median income; and (4) 30 percent of the area median income.

SEC.

313.

STUDY ON FINANCIAL AND CREDIT COUNSELING.
(a) STUDY REQUIRED.—The Secretary of Veterans Affairs shall conduct a comprehensive study on— (1) the use of and variation of financial and credit coun- seling services available for homeless veterans and veterans experiencing housing instability; (2) barriers to accessing financial and credit counseling for such veterans; and (3) the ability to evaluate and assess the potential effects of financial and credit counseling for such veterans with respect to housing, employment, income, and other outcomes the Sec- retary determines appropriate.
H. R. 2617—1022 (b) METHODOLOGY.—In conducting the study under subsection (a), the Secretary shall— (1) survey— (A) homeless veterans and veterans experiencing housing instability who are enrolled in the Supportive Serv- ices for Veterans Families program; (B) such veterans who do not seek or receive the care or services under such program or a similar program; (C) grantees of the Supportive Services for Veterans Families program; (D) financial and credit counselors; and (E) persons who are subject matter experts regarding the use of financial and credit counseling services that the Secretary determines appropriate; and (2) administer the survey to a representative sample of homeless veterans and veterans experiencing housing insta- bility in areas with high veteran homelessness.
(c) USE AND VARIATION OF SERVICES.—In conducting the study under subsection (a)(1), the Secretary shall— (1) use data from the Supportive Services for Veterans Families program and other data collected by the Department of Veterans Affairs, data collected by other departments or agencies of the Federal Government, and data collected by nongovernmental entities to compare the use of and variation of financial and credit counseling services available for homeless veterans and veterans experiencing housing instability and such use and variation for other individuals; and (2) assess such services made available through the Sup- portive Services for Veterans Families program, including with respect to the types, modes of delivery, duration, consistency, and quality, of such services.
(d) BARRIERS TO COUNSELING.—In conducting the study under subsection (a)(2), the Secretary shall conduct research on the effects of the following perceived barriers to financial and credit counseling for homeless veterans and veterans experiencing housing instability surveyed in the study: (1) The cost of financial and credit counseling services.

(2) The perceived stigma associated with seeking financial and credit counseling assistance.
(3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program.

(4) The availability of child care.

(5) The comprehension of eligibility requirements for, and the scope of services available under, the Supportive Services for Veterans Families program.
(6) The effectiveness of outreach for the services available to such veterans under the Supportive Services for Veterans Families program.

(7) The location and operating hours of facilities that pro- vide services to such veterans under the Supportive Services for Veterans Families program.

(8) The COVID–19 pandemic and other health related issues.

(9) Such other significant barriers as the Secretary con- siders appropriate.
H. R. 2617—1023 (e) EVALUATION AND ASSESSMENT OF EFFECTS OF COUN- SELING.— (1) EFFECTS.—In conducting the study under subsection (a)(3), the Secretary shall conduct research on the ability to evaluate and assess the potential effects of financial and credit counseling services on homeless veterans and veterans experi- encing housing instability with respect to the following: (A) The effects of such services on employment by comparing the veterans who received such services and the veterans who did not receive such services.
(B) The effects of such services on housing status by comparing the veterans who received such services and the veterans who did not receive such services.

(C) The effects of such services on income by comparing the veterans who received such services and the veterans who did not receive such services.

(D) The effects of such services on credit score by comparing the veterans who received such services and the veterans who did not receive such services.
(E) The effects of such services on other outcomes the Secretary determines appropriate.

(2) DATA AND RECOMMENDATIONS.—In carrying out para- graph (1), the Secretary shall— (A) determine the relevant data that is available to the Secretary and determine the confidence of the Secretary with respect to accessing any additional data the Secretary may require; and (B) provide recommendations regarding the optimal research or evaluation design that would generate the greatest insights and value.
(f) DISCHARGE BY CONTRACT.—The Secretary may seek to enter into a contract with a qualified independent entity or organization to carry out the study and research required under this section, including such an entity or organization that is able to access credit scores, data maintained by the Internal Revenue Service, and other date beneficial to studying income.
(g) MANDATORY REVIEW OF DATA BY CERTAIN ELEMENTS OF DEPARTMENT.— (1) REVIEWS REQUIRED.—The Secretary shall ensure that the head of each element of the Department of Veterans Affairs specified in paragraph (3) reviews the results of the study conducted under subsection (a).
(2) SUBMITTAL OF FINDINGS.—The head of each element specified in paragraph (3) shall submit to the Deputy Under Secretary for Health for Operations and Management the findings of the head with respect to the review conducted by the under paragraph (1), including recommendations regarding what data the Secretary should collect from grantees under the Supportive Services for Veterans Families program.
(3) SPECIFIED ELEMENTS.—The elements of the Department of Veterans Affairs specified in this paragraph are the following: (A) The Advisory Committee on Homeless Veterans established under section 2066 of title 38, United States Code.

(B) The Advisory Committee on Women Veterans established under section 542 of title 38, United States Code.

H. R. 2617—1024 (C) The Advisory Committee on Minority Veterans established under section 544 of title 38, United States Code.
(D) The Homeless Programs Office of the Veterans Health Administration.

(E) The Office of Tribal Government Relations of the Department.

(h) REPORTS.— (1) INTERIM REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress an interim report on the study under subsection (a).
(2) FINAL REPORT.— (A) IN GENERAL.—Not later than 30 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study under subsection (a).

(B) CONTENTS.—The report required by subparagraph (A) shall include— (i) the findings of the head of each element of the Department specified under subsection (g)(3); and (ii) recommendations for such administrative and legislative action as the Secretary considers appro- priate.
(i) DEFINITION.—In this section: (1) HOMELESS VETERANS AND VETERANS EXPERIENCING HOUSING INSTABILITY.—The term ‘‘homeless veterans and vet- erans experiencing housing instability’’ means veterans who are homeless (as that term is defined in subsection (a) or (b) of section 103 of the McKinney–Vento Homeless Assistance Act (42 U.S.C.

11302)).
11302)).

(2) SUPPORTIVE SERVICES FOR VETERANS FAMILIES PRO- GRAM.—The term ‘‘Supportive Services for Veterans Families program’’ means the program established pursuant to section 2044 of title 38, United States Code.

TITLE IV—OTHER MATTERS SEC.

401.

DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN RESIL- IENCY.
(a) REPORT ON CRITICAL ITEMS AND REQUIREMENTS.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing each of the following: (1) A description of the items and types of items the Sec- retary considers critical with respect to— (A) the ongoing response to the Coronavirus 2019 (COVID–19) pandemic; and (B) future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios.
(2) The quantities of the items described in paragraph (1) that are available, as of the date of the enactment of this Act, in inventories, emergency caches, or other emergency inventories of the Department of Veterans Affairs.

H. R. 2617—1025 (3) The anticipated quantities of the items described in paragraph (1) that would be necessary under potential epi- demic, pandemic, emergency, national emergency, or natural disaster scenarios the Secretary determines to be relevant for planning purposes.
(4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and nec- essary quantities of items for types of scenarios, as described in paragraphs (1) and (3).
(b) PARTICIPATION IN WARSTOPPER PROGRAM.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the ‘‘Warstopper Program’’ of the Defense Logistics Agency, or any successor program.
(2) REQUIREMENTS.—Pursuant to the agreement under paragraph (1), the Defense Logistics Agency shall— (A) ensure the maintenance and stability of the items that are identified as critical in the report required under subsection (a) and that the Secretary of Defense determines are appropriate for the Warstopper Program; (B) establish guidance for the participation of the Department of Veterans Affairs in the Warstopper Program that includes an identification of the items and types of items that are critical to the needs of the Department of Veterans Affairs; and (C) use existing contracts and agreements and enter into new contracts and agreements, as necessary, with manufacturers and distributors to reserve the supply of such critical items rather than rely on holding physical inventories of such items.
(c) REIMBURSEMENT.—The Secretary of Veterans Affairs shall reimburse the Secretary of Defense for any expenses or obligations incurred to facilitate the participation of the Department of Vet- erans Affairs in the Warstopper Program pursuant to subsection (b).
(d) PROHIBITION ON EXCLUSIVE RELIANCE ON REGIONAL INVEN- TORIES.—The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emer- gency, national emergency, or natural disaster situations.
(e) REPORT ON IMPLEMENTATION.— (1) IN GENERAL.—Not later than 450 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of this sec- tion.
(2) CONTENTS.—The report submitted under paragraph (1) shall contain each the following: (A) An implementation plan for the participation of the Department of Veterans Affairs in the Warstopper Pro- gram, including milestones and timelines for related administrative, contracting, and readiness activities.
H. R. 2617—1026 (B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)— (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program, in regional, physical inventories, or other methods; and (ii) justifications for the method or methods identi- fied under clause (i).
(3) UPDATES TO REPORT.—The Secretary shall update the report required under paragraph (1) on an annual basis for each of the two years following the submission of the report under such paragraph and submit such updates to the Com- mittee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives.

SEC.

402.

IMPROVEMENTS TO EQUAL EMPLOYMENT OPPORTUNITY FUNCTIONS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) ALIGNMENT OF EQUAL EMPLOYMENT OPPORTUNITY DIRECTOR.— (1) REPORTING AND DUTIES.—Subsection (h) of section 516 of title 38, United States Code, is amended— (A) by striking ‘‘The provisions’’ and inserting ‘‘(1) The provisions’’; and (B) by adding at the end the following new paragraph: ‘‘(2) Beginning not later than 90 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, in carrying out paragraph (1), the Secretary shall ensure that the official of the Department who serves as the Equal Employ- ment Opportunity Director of the Department— ‘‘(A) reports directly to the Deputy Secretary with respect to the functions under this section; and ‘‘(B) does not also serve in a position that has responsibility over personnel functions of the Department or other functions that conflict with the functions under this section.’’.
(2) CONFORMING AMENDMENTS.—Such section is further amended— (A) in subsection (b)(1), by inserting ‘‘, in accordance with subsection (h)(2),’’ after ‘‘an Assistant Secretary or a Deputy Assistant Secretary’’; and (B) in subsection (e)(1)(A), by striking ‘‘the Assistant Secretary for Human Resources and Administration’’ and inserting ‘‘the Secretary’’.
(b) ALIGNMENT OF EEO PROGRAM MANAGERS.—Such section is further amended by adding at the end the following new sub- section: ‘‘(i) In accordance with subsection (b), not later than one year after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall ensure that each Equal Employment Opportunity program manager of the Department at the facility level reports to the head of the Office of Resolution Management, or such successor office established pursuant to subsection (a), with respect to the equal employment functions of the program manager.’’.
H. R. 2617—1027 (c) REPORTING HARASSMENT AND EMPLOYMENT DISCRIMINATION COMPLAINTS.—Subsection (a) of such section is amended— (1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) The Sec- retary’’; and (2) by adding at the end the following new paragraph: ‘‘(2) The Secretary shall ensure that the employment discrimi- nation complaint resolution system established under paragraph (1) requires that any manager of the Department who receives a sexual or other harassment or employment discrimination com- plaint reports such complaint to the Office of Resolution Manage- ment, or successor office, immediately, or if such immediate reporting is impracticable, not later than two days after the date on which the manager receives the complaint.’’.
(d) TRAINING.—Subsection (c) of such section is amended— (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and (2) by adding at the end the following new paragraph: ‘‘(2)(A) Beginning not later than 180 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall provide to each employee of the Department mandatory annual training on identifying and addressing sexual and other harassment and employment discrimi- nation, including with respect to processes under the Harassment Prevention Program of the Department, or such successor program.
‘‘(B) An employee of the Department who is hired on or after such date shall receive the first such mandatory annual training not later than 60 days after being hired.’’.
(e) HARASSMENT AND EMPLOYMENT DISCRIMINATION POLICIES AND DIRECTIVES.—The Secretary of Veterans Affairs shall— (1) by not later than the date that is 180 days after the date of the enactment of this Act, and on a regular basis thereafter, review the policies relating to sexual and other harassment and employment discrimination of the Department of Veterans Affairs to ensure that such policies are complete and in accordance with the sexual and other harassment and employment discrimination policies established by the Office of Resolution Management of the Department, or successor office; and (2) by not later than 180 days after the date of the enact- ment of this Act, issue a final directive and a handbook for the Harassment Prevention Program of the Department.
(f) SEMIANNUAL REPORTS.—Not later than 180 days after the date of the enactment of this Act, and semiannually thereafter for one year, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Com- mittee on Veterans’ Affairs of the House of Representatives a report on the progress the Secretary has made in carrying out this section and section 516 of title 38, United States Code, as amended by this section, including with respect to reporting sexual and other harassment and employment discrimination complaints pursuant to subsection (a)(2) of such section 516.
SEC.

403.

DEPARTMENT OF VETERANS AFFAIRS INFORMATION TECH- NOLOGY REFORM ACT OF 2022.

(a) IN GENERAL.—Chapter 81 of title 38, United States Code, is amended by adding at the end the following new subchapter: H. R. 2617—1028 ‘‘SUBCHAPTER VI—INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES ‘‘§ 8171.
Definitions ‘‘In this subchapter: ‘‘(1) The term means— ‘appropriate congressional committees’ ‘‘(A) the Committee on Veterans’ Affairs and the Com- mittee on Appropriations of the Senate; and ‘‘(B) the Committee on Veterans’ Affairs and the Com- mittee on Appropriations of the House of Representatives.

‘‘(2) The term ‘information technology’ has the meaning given that term in section 11101 of title 40.
‘‘(3)(A) The term ‘information technology project’ means a project or program of the Department (including a project or program of any element of the Department) for, or including, the acquisition or implementation of information technology.
‘‘(B) In cases where the Secretary transmits to the Director of the Office of Management and Budget information regarding information technology investments, which may consist of indi- vidual or multiple projects, the term ‘information technology project’ refers to an individual project or program or a grouping of multiple projects or programs resulting in the acquisition or implementation of discrete information technology.
‘‘(4) The term ‘life cycle costs’ means all direct and indirect costs to acquire, implement, operate, and maintain information technology, including with respect to costs of any element of the Department.
‘‘(5) The term ‘major information technology project’ means an information technology project if— ‘‘(A) the project is designated by the Secretary, the Chief Information Officer of the Department, or the Director of the Office of Management and Budget as a major information technology investment, as defined in section 11302 of title 40; or ‘‘(B) the dollar value of the project is estimated by the Secretary to exceed— ‘‘(i) $1,000,000,000 (as adjusted for inflation pursu- ant to section 1908 of title 41) for the total life cycle costs of the project; or ‘‘(ii) $200,000,000 (as adjusted for inflation pursu- ant to section 1908 of title 41) annually.
‘‘(6) The term ‘business owner’ means, with respect to an information technology project, the program manager, project manager, or other supervisory official of the Department responsible for the project.

‘‘§ 8172.
Management of major information technology projects ‘‘(a) COST, SCHEDULE, AND PERFORMANCE INFORMATION.—(1) The Secretary shall, acting through the Chief Information Officer of the Department, submit to the appropriate congressional commit- tees a report containing information on the cost, schedule, and performance of each major information technology project that begins after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and H. R. 2617—1029 Health Care Improvement Act of 2022, as generated by the business owner of the project, prior to the commencement of such project.
‘‘(2) Each report submitted under paragraph (1) for a project shall include, with respect to such project, the following: ‘‘(A) An estimate of acquisition costs, implementation costs, and life cycle costs.

‘‘(B) An indicating significant milestones, initial operating capability, and full oper- ating capability or completion.

implementation schedule intended ‘‘(C) Key business, functional, and performance objectives.
‘‘(b) BASELINE.—(1) The Secretary shall use the information on the cost, schedule, and performance of a major information technology project included in the report under subsection (a) as the baseline against which changes or variances are measured during the life cycle of such project.
‘‘(2) The Secretary shall— ‘‘(A) annually update the baseline of a major information technology project pursuant to subsection (c); and ‘‘(B) include such updated baseline in the documents pro- viding detailed information on the budget for the Department that the Secretary submits to Congress in conjunction with the President’s budget submission pursuant to section 1105 of title 31.
‘‘(c) CHANGES AND VARIANCES.—(1) Not later than 60 days after the date on which the Secretary identifies a change or variance described in paragraph (2) in the cost, schedule, or performance of a major information technology project, the Secretary, acting through the Chief Information Officer, shall submit to the appro- priate congressional committees a notification of such change or variance, including a description and explanation for such change or variance.
‘‘(2) A change or variance in the cost, schedule, or performance of a major information technology project described in this para- graph is— ‘‘(A) with respect to the acquisition, implementation, or life cycle cost of the project, or development increment therein, a change or variance that is 10 percent or greater compared to the baseline; ‘‘(B) with respect to the schedule for a development incre- ment or for achieving a significant milestone, initial operating capability, or full operating capability, or for the final comple- tion of the project, a change or variance that is 180 days or greater compared to the baseline; or ‘‘(C) with respect to the performance, an instance where a key business, functional, or performance objective is not attained, or is not anticipated to be attained, in whole or in part.
‘‘(d) MANAGEMENT.—The Secretary shall ensure that each major information technology project is managed by an interdisciplinary team consisting of the following: ‘‘(1) A project manager who— ‘‘(A)(i) is certified in project management at level three by— ‘‘(I) the Department; ‘‘(II) the Federal Acquisition Institute pursuant to section 1201 of title 41; or H. R. 2617—1030 ‘‘(III) the Department of Defense pursuant to sec- tion 1701a of title 10; or ‘‘(ii) holds an equivalent certification by a private sector project management certification organization, as deter- mined appropriate by the Secretary; and ‘‘(B) is an employee of the Office of Information and Technology of the Department or an employee of an element of the Department at which the project originates.
‘‘(2) A functional lead who is an employee of the element of the Department at which the project originates.

‘‘(3) A technical lead who is an employee of the Office of Information and Technology of the Department.

‘‘(4) A contracting officer.

‘‘(5) Sufficient other project management, functional, tech- nical, and procurement personnel as the Secretary determines appropriate.

‘‘§ 8173.
Information technology activities of the Financial Services Center ‘‘(a) MANAGEMENT.—Consistent with sections 11302 and 11319 of title 40— ‘‘(1) the Chief Information Officer of the Department shall— ‘‘(A) exercise authority over the management, govern- ance, and oversight processes relating to existing or pro- posed information technology of the Financial Services Center of the Department, or such successor office; and ‘‘(B) supervise the information technology employees and contractors of the Financial Services Center; and ‘‘(2) the Director of the Financial Services Center of the Department, or the head of such successor office, may not enter into a contract or other agreement for information tech- nology or information technology services unless the contract or other agreement has been reviewed and approved by the Chief Information Officer.
‘‘(b) OVERSIGHT.—The Chief Information Officer shall have over- sight and operational authority over all information security prac- tices of the Financial Services Center of the Department.

‘‘§ 8174.
‘‘§ 8174.

Submission of annual reviews of information tech- nology ‘‘(a) IN GENERAL.—The Secretary, acting through the Chief Information Officer of the Department, shall submit to the appro- priate congressional committees each annual review of the informa- tion technology portfolio of the Department conducted pursuant to section 11319(d)(3) of title 40.
‘‘(b) FIRST SUBMISSION.—The first annual review submitted under subsection (a) shall include a copy of each previous annual review conducted under section 11319(d)(3) of title 40.

‘‘§ 8175.
Information technology matters to be included in budget justification materials for the Department ‘‘(a) LIST OF INFORMATION TECHNOLOGY PROJECTS IN EFFECT.— The Secretary shall ensure that whenever the budget justification materials are submitted to Congress in support of the Department budget for a fiscal year (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31), H. R. 2617—1031 such budget justification materials include a list of every informa- tion technology project currently in effect at the Department (including not only congressional projects and subprojects as deter- mined by the Director of the Office of Management and Budget or the Secretary).
‘‘(b) PRIORITIZED LIST OF UNFUNDED PROJECTS.—(1) In addition to the list included in the budget justification materials required by subsection (a), the Secretary shall ensure that the budget jus- tification materials described in such subsection also include sum- mary descriptions and a prioritized list, in rank order, of every information technology project of the Department, proposed or intended to be proposed for the following one, two, or three fiscal years, that is unfunded as of the time of the inclusion of the list under this paragraph.
‘‘(2) In producing the list required by paragraph (1), the Sec- retary shall— ‘‘(A) ensure such list represents a ranking of all proposed information technology projects that reflects the needs of all elements of the Department; ‘‘(B) produce one unified list for the entire Department demonstrating how the various proposed information technology projects of each of the elements of the Department rank in priority with the information technology projects of the other elements of the Department; and ‘‘(C) ensure that the list— ‘‘(i) does not disaggregate and rank information tech- nology projects based on element of the Department; and ‘‘(ii) does identify the element of the Department requesting the information technology project.
‘‘(3)(A) In producing each list under paragraph (1), the Secretary shall prioritize and rank each information technology project based on an assessment of each of the following factors: ‘‘(i) Degree of collaboration between business owners and the Chief Information Officer with respect to joint functional- technical planning, requirements, and management.

‘‘(ii) Operational or efficiency benefits to employees of the Department created or produced by the information technology project.
‘‘(iii) The life cycle cost of the information technology project.

‘‘(iv) The cost savings or cost avoidance yielded by the information technology project.

‘‘(v) Time to completion of the information technology project.

‘‘(vi) The difficulty of the information technology project, the likelihood the information technology project will be com- pleted, or the risks associated with undertaking the information technology project.
‘‘(vii) Tangible benefits to veterans created or produced by the information technology project.

‘‘(viii) Such other factors as the Secretary considers appro- priate.
‘‘(B) The Secretary shall ensure that each list produced under paragraph (1) includes, for each information technology project included in the list, a brief description of the findings of the Sec- retary with respect to each assessment carried out by the Secretary H. R. 2617—1032 for each factor for the information technology project under subpara- graph (A).
‘‘(c) PROJECTED FUNDING NEEDS.—(1) In addition to the matters included under subsections (a) and (b), the Secretary shall ensure that the budget justification materials described in subsection (a) also include a projection of the one-year, two-year, and three-year funding needs of the Department for information technology, disaggregated by— ‘‘(A) portfolio; and ‘‘(B) the product line of the Department that requires the funding.
‘‘(2) In addition to the projections under paragraph (1), with respect to each of the periods set forth in such paragraph, the Secretary shall include a description of the funding required for each technology business management category used by the Office of Information Technology of the Department (commonly referred to as ‘cost pools’ and ‘towers’).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of such chapter is amended by adding at the end the following: ‘‘SUBCHAPTER VI—INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES ‘‘Sec.

8171.

Definitions.

‘‘Sec.

8172.

Management of major information technology projects.

‘‘Sec.

8173.

Information technology activities of the Financial Services Center.

‘‘Sec.

8174.

Submission of annual reviews of information technology.

‘‘Sec.

8175.
‘‘Sec.

8175.

Information technology matters to be included in budget justification materials for the Department.’’.
(c) APPLICATION AND REPORT REGARDING MANAGEMENT OF MAJOR INFORMATION TECHNOLOGY PROJECTS.— (1) CURRENT AND NEW MAJOR PROJECTS.—Except as specifi- cally provided in subsection (a) of section 8172 of title 38, United States Code, as added by subsection (a) of this section, such section 8172 shall apply with respect to major information technology projects that begin before, on, or after the date of the enactment of this Act.
(2) REPORT ON CURRENT PROJECTS.— (A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report on each major information technology project that the Secretary is carrying out as of the date of the report.
(B) CONTENTS.—The report submitted under subpara- graph (A) shall contain, with respect to each project described in such subparagraph, information on the cost, schedule, and performance of the project as described in subsection (a) of section 8172 of such title, as so added.
(3) DEFINITIONS.—In this subsection, the terms ‘‘appro- priate congressional committees’’ and ‘‘major information tech- nology project’’ have the meanings given those terms in section 8171 of title 38, United States Code, as added by subsection (a) of this section.

(d) INFORMATION TECHNOLOGY ACTIVITIES OF THE FINANCIAL SERVICES CENTER.— (1) EFFECTIVE DATE.—Section 8173 of such title, as added by subsection (a), shall take effect on the date of the enactment of this Act.
H. R. 2617—1033 (2) APPLICABILITY.—Subsection (a)(2) of such section shall apply with respect to contracts and agreements entered into on or after the date of the enactment of this Act.

(e) EFFECTIVE DATE OF REQUIREMENT FOR PROJECTS IN BUDGET JUSTIFICATION MATERIALS.—Subsection (c) of section 8175 of such title, as added by subsection (a) of this section, shall take effect on the first Monday in the second January beginning after the date of the enactment of this Act.

SEC.

404.
SEC.

404.

REPORT ON INFORMATION TECHNOLOGY DASHBOARD INFORMATION.
(a) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Chief Information Officer of the Department of Vet- erans Affairs, shall submit to the appropriate congressional commit- tees a report containing— (1) an explanation of the ratings, rankings, and risk cat- egorizations used by the Chief Information Officer pursuant to subparagraph (C) of section 11302(c)(3) of title 40, United States Code, with respect to the information technology dash- board, or successor system, of the Office of Management and Budget developed under such section; and (2) copies of supporting or explanatory information provided by the Chief Information Officer to the Office of Management and Budget with respect to submissions by the Chief Informa- tion Officer to the information technology dashboard, or suc- cessor system, for the fiscal year in which the report is sub- mitted (other than information not otherwise made public pursuant to such section).
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In section, the term ‘‘appropriate congressional committees’’ has the meaning given such term in section 8171 of title 38, United States Code, as added by section 403.

SEC.

405.

IMPROVEMENTS TO TRANSPARENCY OF LAW ENFORCEMENT OPERATIONS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) PROVISION OF INFORMATION.—Section 902 of title 38, United States Code, is amended by adding at the end the following new subsection: ‘‘(e)(1) The Secretary shall publish on the internet website of each facility of the Department the following information with respect to the facility: ‘‘(A) Summaries and statistics covering the previous five- year period regarding— ‘‘(i) arrests made by and tickets issued by Department police officers; to such arrests; ‘‘(ii) prosecutions, ticketing, and other actions relating ‘‘(iii) the use of force and weapons discharge by Depart- ment police officers; and ‘‘(iv) complaints, investigations, and disciplinary actions regarding Department police officers.
‘‘(B) Contact information for employees of the Department and the public to directly contact the police force of the facility, including for an individual (or the representative, attorney, or authorized agent of the individual) to request information regarding the arrest, ticketing, detainment, use of force, or other police matters pertaining to that individual.
H. R. 2617—1034 ‘‘(2) The Secretary shall ensure that each police force of a facility of the Department is able to provide to an individual who contacts the police force pursuant to paragraph (1)(B) the informa- tion described in such paragraph.’’.
(b) USE OF BODY WORN CAMERAS BY DEPARTMENT POLICE OFFI- CERS.— (1) REQUIREMENT.—Subsection (a) of such section 902 is amended by adding at the end the following new paragraph: ‘‘(3) Beginning not later than 180 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall require Department police officers to use cameras worn on the individual police officer’s person that record and store audio and video (commonly known as ‘body worn cameras’).’’.
(2) GUIDANCE.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall issue, and make publicly available, guidance on the use of body worn cameras by Department police officers pursuant to section 902(a)(3) of title 38, United States Code, as amended by paragraph (1).
(3) CONSULTATION.—The Secretary shall issue the guidance under paragraph (2) in consultation with veterans service law enforcement organizations, civil rights organizations, organizations, law enforcement accreditation organizations, pri- vacy rights organizations, and other relevant organizations or experts.
(c) DATA AND REPORTING ON POLICE INCIDENTS.—Section 902 of title 38, United States Code, as amended by subsection (a), is further amended by adding at the end the following new sub- section: ‘‘(f) POLICE INCIDENTS.—(1)(A) The Secretary shall track and analyze the following information regarding the police force of the Department: ‘‘(i) Arrests made by and tickets issued by Department police officers.

‘‘(ii) Prosecutions, ticketing, and other actions relating to such arrests.
‘‘(iii) The use of force and weapons discharge.

‘‘(iv) Complaints, investigations, and disciplinary actions.

‘‘(B) The Secretary shall carry out subparagraph (A) by imple- menting one or more Department-wide data systems.
‘‘(2)(A) Beginning not later than one year after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall ensure that each incident described in subparagraph (C) is promptly reported to the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions.
‘‘(B) The Assistant Secretary shall, in a timely manner— ‘‘(i) review each incident described in subparagraph (C)(i) that is reported under subparagraph (A); and ‘‘(ii) investigate each incident described in subparagraph (C)(ii) that is reported under subparagraph (A).

‘‘(C) An incident described in this subparagraph is either of the following: H. R. 2617—1035 ‘‘(i) An incident, including an allegation, of the use of force by a Department police officer.
‘‘(ii) An incident, including an allegation, of the use of force by a Department police officer that results in any person receiving medical attention.’’.

(d) PLAN ON POLICE STAFFING.—The Secretary shall develop a plan that establishes minimum standards for police staffing at each facility of the Department, including with respect to— (1) the number of Department police officers assigned to each facility; and (2) the pay grades for such officers.
(e) REPORT ON IMPLEMENTATION.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of this section and the amend- ments made by this section.
(2) CONTENTS.—The report required by paragraph (1) shall include the following: (A) With respect to the staffing needs of the Depart- ment police force— (i) identification of the amount of turnover among Department police officers; (ii) how the compensation for Department police officers affects such turnover; (iii) a comparison of such compensation with the compensation provided to specialty police units, such as police units at medical facilities and other police units in the same locality pay area; and (iv) the plan developed under subsection (d), including— (I) estimates on the costs to carry out the plan; and (II) any recommendations for actions required to carry out the plan.
legislative (B) With respect to body worn cameras, a review of the implementation and use of body worn cameras by Department police officers, including under pilot programs carried out by the Secretary during the five-year period preceding the date of the report.

(f) DEFINITIONS.—In this section: (1) BODY WORN CAMERA.—The term ‘‘body worn camera’’ means a camera worn on an individual police officer’s person that records and stores audio and video.
(2) DEPARTMENT POLICE OFFICER.—The term ‘‘Department police officer’’ means an employee of the Department of Vet- erans Affairs described in section 902(a) of title 38, United States Code.

SEC.

406.

PLAN FOR REDUCTION OF BACKLOG OF FREEDOM OF INFORMATION ACT REQUESTS.
(a) PLAN.— (1) IN GENERAL.—The Secretary of Veterans Affairs shall establish and carry out a plan for the Secretary to meet, by not later than five years after the date of the enactment of this Act, the requirements of section 552 of title 5, United H. R. 2617—1036 States Code, (commonly known as the ‘‘Freedom of Information Act’’ or ‘‘FOIA’’) with respect to providing documents and information under such section within the timeframes required by such section.
(2) ELEMENTS.—The plan required by paragraph (1) shall include the following: (A) Improving and acquiring technology, including with respect to searching email and other electronic information, and the timelines for such improvement, to ensure that the information technology of the Department of Veterans Affairs is capable of carrying out the plan.
(B) Identification of efficient procedures, policies, and systems of the Department that could be developed to allow employees of the Department responsible for replying to requests under such section 552 to search and review documents rather than other employees of the Department.

(C) A schedule for carrying out the plan, including key milestones and metrics.
(b) COMPLIANCE ASSESSMENT.—The Secretary shall request the Director of the Office of Government Information Services of the National Archives and Records Administration to conduct an assess- ment of the compliance by the Department of Veterans Affairs with section 552 of title 5, United States Code.
(c) REPORTS.— (1) INITIAL REPORT.— (A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on implementing subsections (a) and (b).

(B) CONTENTS.—The report required by subparagraph (A) shall include the following: (i) The plan established under subsection (a).
(ii) An analysis of the root causes of the backlog of Freedom of Information Act requests.

(iii) Recommendations with respect to any addi- tional resources or legislative action the Secretary determines necessary for such implementation.
(2) ANNUAL REPORTS.—During the five-year period fol- lowing the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives annual reports on— (A) carrying out the plan under subsection (a), including any updates or changes made to the plan; and (B) the compliance by the Department as described in subsection (b).
(3) PUBLICATION.—The Secretary shall make publicly avail- able on the internet website of the Department the reports under paragraphs (1) and (2) by not later than 30 days after the date on which the Secretary submits the reports to the Committee on Veterans’ Affairs of the Senate and the Com- mittee on Veterans’ Affairs of the House of Representatives.
(d) DEFINITION OF BACKLOG OF FREEDOM OF INFORMATION ACT REQUESTS.—In this section, the term ‘‘backlog of Freedom of Information Act requests’’ means the number of requests, as H. R. 2617—1037 reported by the Secretary of Veterans Affairs to the Attorney Gen- eral in the Annual FOIA Report, made by individuals to the Sec- retary pursuant to section 552 of title 5, United States Code, for documents or information that the Secretary has not fulfilled or provided a response to the individual.

SEC.

407.
SEC.

407.

MEDAL OF HONOR SPECIAL PENSION TECHNICAL CORREC- TION.

(a) IN GENERAL.—Section 2003(a) of the Johnny Isakson and David P. Roe, M.D.

Veterans Health Care and Benefits Improve- ment Act of 2020 (Public Law 116–315) is amended by striking ‘‘$1,388.68’’ and inserting ‘‘$1,406.73’’.

(b) CORRECTION TO CERTAIN PENSION PAYMENTS.— (1) CORRECT CODIFICATION.—Section 1562(a)(1) of title 38, United States Code, is amended by striking ‘‘$1,388.68’’ and inserting ‘‘$ 1,406.73’’.
(2) RETROACTIVE EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect as if it were enacted imme- diately after the enactment of the Johnny Isakson and David P. Roe, M.D.

Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315).

(c) TREATMENT OF CERTAIN PENSION PAYMENTS.— (1) IN GENERAL.—A payment described in paragraph (2) shall be treated as an authorized payment.
(2) PAYMENTS DESCRIBED.—A payment described in this paragraph is a payment of pension under section 1562 of title 38, United States Code, by the Secretary of Veterans Affairs— (A) in the amount of $1,406.73 during the period begin- ning on January 5, 2021, and ending on November 30, 2021; (B) in the amount of $1,489.73 during the period begin- ning on December 1, 2021, and ending on November 30, 2022; or (C) in the amount of $1,619.34 during the period begin- ning on December 1, 2022, and ending on the date of the enactment of this Act.
SEC.

408.

IMPOSITION OF CAP ON EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS WHO PROVIDE EQUAL EMPLOY- MENT OPPORTUNITY COUNSELING.
(a) REIMPOSITION OF CAP.— (1) IN GENERAL.—Section 516 of title 38, United States Code, as amended by section 7(a) of the Responsible Education Mitigating Options and Technical Extensions Act (Public Law 117–76), is further amended— (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following new subsection (g): ‘‘(g)(1)(A) Except as provided in paragraph (4), beginning on the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 and ending on the date that is three years after the date of the enactment of such Act, the number of employees of the Department whose duties include equal employ- ment opportunity counseling functions may not exceed 76 full- time equivalent employees.
H. R. 2617—1038 ‘‘(B) Except as provided in paragraph (4), beginning on the date that is three years after the date of enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Bene- fits and Health Care Improvement Act of 2022, the number of employees of the Department whose duties include equal employ- ment opportunity counseling functions may not exceed 81 full- time equivalent employees.
‘‘(2) Except as provided in paragraph (4), of the 76 full-time equivalent employees set forth in paragraph (1), the number of employees of the Department whose duties include equal employ- ment opportunity counseling functions as well as other unrelated functions may not exceed 40 full-time equivalent employees.
‘‘(3) Except as provided in paragraph (4), any employee described in paragraph (2) whose duties include equal employment opportunity counseling functions as well as other unrelated func- tions may be assigned equal employment opportunity counseling functions only at Department facilities in remote geographic loca- tions.
‘‘(4)(A) Beginning on the date that is one year after the date of enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall promptly notify Congress if, at any point in time, the number of full-time equivalent employees of the Department specified in paragraph (1), whose duties include equal opportunity counseling functions, is insufficient for the Department to meet its required obligations under law.
‘‘(B) Notification under subparagraph (A) shall include— ‘‘(i) the specific legal obligations relating to employment discrimination, or other matters similar to those covered by regulations prescribed by the Equal Employment Opportunity Commission, that the Department is unable to meet; and ‘‘(ii) the total additional number of full-time equivalent employees of the Department that would be needed for the Department to meet such obligations.’’.
(2) CONFORMING AMENDMENT.—Subsection (b) of section 7 of such Act is hereby repealed.
(b) REPORT.—Not later than 3 years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report that includes the following elements: (1) An accounting of the number of informal stage cases filed with the employment discrimination complaint resolution system established and administered under section 516(a) of title 38, United States Code, disaggregated by— (A) the period beginning on January 1, 2019, and ending on the date of the enactment of this Act; and (B) the three-year period beginning on the date of the enactment of this Act.
(2) A comparison of timeliness, with respect to the average time to process, of processing of informal stage cases by such system with respect to— (A) the period beginning on January 1, 2019, and ending on the date of the enactment of this Act; and (B) the three-year period beginning on the date of the enactment of this Act.
(3) An accounting of the amounts, times, and quality of informal claims processed by employees of the Department of Veterans Affairs whose duties include only equal employment H. R. 2617—1039 opportunity counseling functions under section 516 of title 38, United States Code, disaggregated by— (A) the ten-year period ending on the date of the enact- ment of this Act; and (B) the three-year period beginning on the date of the enactment of this Act.
(c) ANNUAL REPORTS.—Not later than one year after the date of the enactment of this Act and once each year thereafter, the Secretary of Veterans Affairs shall make available to the public on an internet website of the Department an annual report that includes, for the year covered by the report, the following: (1) Total number of complaints filed through the employ- ment discrimination complaint resolution system established and administered under subsection (a) of section 516 of title 38, United States Code.
(2) Total number of such complaints completed processing by such system in a timely manner.

(3) The percentage of all pre-complaint counseling provided under such section that led to resolution without further action.

(4) The percentage of all pre-complaint counseling provided under such section that led to resolution via alternative dispute resolution.

(5) The percentage of all pre-complaint counseling provided under such section that led to filing of a formal complaint via such system.
(6) An accounting of the amounts, times, and quality of informal claims processed by employees of the Department whose duties include equal employment opportunity counseling under such section.

(7) An estimate of the required ratio of Department employees whose duties include equal employment opportunity counseling functions relative to the number of full-time equiva- lent employees in the Department.
(d) INDEPENDENT ASSESSMENT.—Not later than 180 days after the first report is made available under subsection (c), the Comp- troller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives an independent assessment of the ratio reported by the Secretary pursuant to paragraph (7) of such subsection.
Such assessment shall include such recommendations as the Sec- retary may have for improving such ratio and the ability of the Department to provide equal employment opportunity counseling.

DIVISION V—STRONG VETERANS ACT OF 2022 SEC.

1.

SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Support The Resiliency of Our Nation’s Great Veterans Act of 2022’’ or the ‘‘STRONG Veterans Act of 2022’’.
(b) TABLE OF CONTENTS.—The table of contents for this division is as follows: DIVISION V—STRONG VETERANS ACT OF 2022 Sec.

1.

Short title; table of contents.

H. R. 2617—1040 TITLE I—TRAINING TO SUPPORT VETERANS’ MENTAL HEALTH Sec.

101.

Mental health and suicide prevention outreach to minority veterans and American Indian and Alaska Native veterans.

Sec.

102.

Expansion of Vet Center workforce.

Sec.

103.

Expansion of mental health training for Department of Veterans Affairs.

Sec.

104.
Sec.

104.

Expansion of scholarships and loan repayment programs for mental health providers.

Sec.

201.

Veterans Crisis Line.

TITLE II—VETERANS CRISIS LINE Subtitle A—Veterans Crisis Line Training and Quality Management Sec.

211.

Staff training.

Sec.

212.

Quality review and management.

Sec.

213.

Guidance for high-risk callers.

Sec.

214.

Oversight of training of social service assistants and clarification of job responsibilities.
Subtitle B—Pilot Programs and Research on Veterans Crisis Line Sec.

221.

Pilot programs.

Sec.

222.

Authorization of appropriations for research on effectiveness and opportu- nities for improvement of Veterans Crisis Line.

Sec.

231.

Feedback on transition of crisis line number.

Subtitle C—Transition of Crisis Line Number TITLE III—OUTREACH TO VETERANS Sec.

301.

Designation of Buddy Check Week by Secretary of Veterans Affairs.

Sec.

302.

Improvements to Veterans Justice Outreach Program.

Sec.
Sec.

303.

Department of Veterans Affairs Governors Challenge Program.

TITLE IV—MENTAL HEALTH CARE DELIVERY Sec.

401.

Expansion of peer specialist support program of Department of Veterans Affairs.

Sec.

402.

Expansion of Vet Center services.

Sec.

403.

Eligibility for mental health services.

Sec.

404.

Mental health consultations.

TITLE V—RESEARCH Sec.

501.

Veterans integration to academic leadership program of the Department of Veterans Affairs.

Sec.

502.
Sec.

502.

Improvement of sleep disorder care furnished by Department of Veterans Affairs.

Sec.

503.

Study on inpatient mental health and substance use care from Depart- ment of Veterans Affairs.

Sec.

504.

Study on treatment from Department of Veterans Affairs for co-occurring mental health and substance use disorders.

Sec.

505.

Study on workload of suicide prevention teams of Department of Veterans Affairs.

Sec.

506.

Expansion of suicide prevention and mental health research.

Sec.

507.
Sec.

507.

Study on mental health and suicide prevention support for military fami- lies.

Sec.

508.

Research on brain health.

Sec.

509.

Study on efficacy of clinical and at-home resources for post-traumatic stress disorder.

TITLE I—TRAINING TO SUPPORT VETERANS’ MENTAL HEALTH SEC.

101.

MENTAL HEALTH AND SUICIDE PREVENTION OUTREACH TO MINORITY VETERANS AND AMERICAN INDIAN AND ALASKA NATIVE VETERANS.
(a) STAFFING REQUIREMENT.—Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that each medical center of the Department H. R. 2617—1041 of Veterans Affairs has no fewer than one full-time employee whose responsibility is serving as a minority veteran coordinator.
(b) TRAINING.—Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Indian Health Service and the Director of the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs, shall ensure that all minority veteran coordinators receive training in delivery of mental health and suicide prevention services cul- turally appropriate for American Indian and Alaska Native vet- erans, especially with respect to the identified populations and tribes within the coordinators’ catchment areas.
(c) COORDINATION WITH SUICIDE PREVENTION COORDINATORS.— Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of the Office of Mental Health and Suicide Prevention, shall ensure that the suicide prevention coordinator and minority veteran coordinator of each medical center of the Department have developed and disseminated to the director of the medical center a written plan for conducting mental health and suicide prevention outreach to all tribes and urban Indian health organizations within the catchment area of the medical center.
Each such plan shall include for each tribe covered by the plan— (1) contact information for tribal leadership and the tribal health facility or Indian Health Service facility serving that tribe; (2) a schedule for and list of outreach plans (including addressing any barriers to accessing Department mental health care); (3) documentation of any conversation with tribal leaders that may guide culturally appropriate delivery of mental health care to American Indian or Alaska Native veterans; (4) documentation of any progress in incorporating tradi- tional healing practices into mental health and suicide preven- tion protocols and options available for veterans who are mem- bers of such tribe; and (5) documentation of any coordination among the Depart- ment, the Indian Health Service, urban Indian health organiza- tions, and the Substance Abuse and Mental Health Services Administration for the purpose of improving suicide prevention efforts tailored to veterans who are members of such tribe and the provision of culturally competent mental health care to such veterans.
(d) REPORT.—Not later than one year after the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on outreach efforts to minority veterans and American Indian and Alaska Native vet- erans.

Such report shall include each of the following: (1) The number of minority veteran coordinators within the Department.
(2) The number and percentage of minority veteran coordinators who are women.

(3) The number and percentage of minority veteran coordinators who are persons of color.

(4) The number and percentage of Department medical centers with minority veteran coordinators.

H. R. 2617—1042 (5) The number and percentage of Department mental health providers who are enrolled members of a federally recog- nized Indian tribe or self-identify as Native American.
(6) The number and percentage of Department mental health providers who speak a second language.

(7) A review of the outreach plans developed and submitted to all Department medical centers for outreach to American Indian and Alaska Native veterans.

(8) A review of mental health care provided annually by the Department to American Indian and Alaska Native vet- erans for the past three years, including number of appoint- ments, and an assessment of any barriers to providing this care.

SEC.

102.
SEC.

102.

EXPANSION OF VET CENTER WORKFORCE.

(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act and subject to the availability of appro- priations, the Secretary of Veterans Affairs shall hire an additional 50 full-time equivalent employees for Vet Centers to bolster the workforce of Vet Centers and to provide expanded mental health care to veterans, members of the Armed Forces, and their families through outreach, community access points, outstations, and Vet Centers.
(b) VET CENTER DEFINED.—In this section, the term ‘‘Vet Center’’ has the meaning given that term in section 1712A(h) of title 38, United States Code.

SEC.

103.

EXPANSION OF MENTAL HEALTH TRAINING FOR DEPART- MENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Not later than three years after the date of the enactment of this Act and subject to the availability of appropriations, the Secretary of Veterans Affairs, in collaboration with the Office of Mental Health and Suicide Prevention and the Office of Academic Affiliations, shall add an additional 250 paid trainee slots in covered mental health disciplines to the workforce of the Department of Veterans Affairs.
(b) COVERED MENTAL HEALTH DISCIPLINES DEFINED.—In this section, the term ‘‘covered mental health disciplines’’ means psychi- atry, psychology, advanced practice nursing (with a focus on mental health or substance use disorder), social work, licensed professional mental health counseling, and marriage and family therapy.

SEC.

104.

EXPANSION OF SCHOLARSHIPS AND LOAN REPAYMENT PRO- GRAMS FOR MENTAL HEALTH PROVIDERS.
(a) EXPANSION OF HEALTH PROFESSIONAL SCHOLARSHIP PRO- GRAM.—Beginning in academic year 2022, the Secretary of Veterans Affairs shall include not fewer than an additional (as compared to academic year 2021) 50 awards per academic year under the Department of Veterans Affairs Health Professional Scholarship Program under subchapter II of chapter 76 of title 38, United States Code, for applicants otherwise eligible for such program who are pursuing degrees or training in mental health disciplines, including advanced practice nursing (with a focus on mental health or substance use disorder), psychology, and social work.
(b) EXPANSION OF EDUCATION DEBT REDUCTION PROGRAM.— (1) IN GENERAL.—Beginning in fiscal year 2022, the Sec- retary shall provide not fewer than an additional (as compared to fiscal year 2021) 200 debt reduction awards per year under H. R. 2617—1043 the Department of Veterans Affairs Education Debt Reduction Program under subchapter VII of chapter 76 of title 38, United States Code, to be used to recruit mental health professionals to the Department of Veterans Affairs in disciplines that include psychiatry, psychology, advanced practice nursing (with a focus on mental health or substance use disorder), and social work.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author- ized to be appropriated to the Secretary of Veterans Affairs $8,000,000 per year to carry out the additional awards under paragraph (1).

(c) OUTREACH.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary shall develop a public awareness campaign to encourage veterans and mental health professionals to choose the Department for their mental health career.
(2) ELEMENTS.—The campaign required under paragraph (1)— (A) shall advertise the paid trainee, scholarship, and loan repayment opportunities offered by the Department; and (B) may highlight the new graduate medical education residencies available at the Department for medical stu- dents entering residency.

TITLE II—VETERANS CRISIS LINE SEC.

201.

VETERANS CRISIS LINE.


In this title, the term ‘‘Veterans Crisis Line’’ means the toll- free hotline for veterans established under section 1720F(h) of title 38, United States Code.

Subtitle A—Veterans Crisis Line Training and Quality Management SEC.

211.

STAFF TRAINING.


(a) REVIEW OF TRAINING FOR VETERANS CRISIS LINE CALL RESPONDERS.— (1) IN GENERAL.—The Secretary of Veterans Affairs shall enter into an agreement with an organization outside the Department of Veterans Affairs to review the training for Vet- erans Crisis Line call responders on assisting callers in crisis.

(2) COMPLETION OF REVIEW.—The review conducted under paragraph (1) shall be completed not later than one year after the date of the enactment of this Act.
(3) ELEMENTS OF REVIEW.—The review conducted under paragraph (1) shall consist of a review of the training provided by the Department on subjects including risk assessment, lethal means assessment, substance use and overdose risk assess- ment, safety planning, referrals to care, supervisory consulta- tion, and emergency dispatch.
(4) UPDATE OF TRAINING.—If any deficiencies in the training for Veterans Crisis Line call responders are found pursuant to the review under paragraph (1), the Secretary shall update such training and associated standards of practice to correct H. R. 2617—1044 those deficiencies not later than one year after the completion of the review.
(b) RETRAINING GUIDELINES FOR VETERANS CRISIS LINE CALL RESPONDERS.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary shall develop guide- lines on retraining and quality management for when a Vet- erans Crisis Line call responder has an adverse event or when a quality review check by a supervisor of such a call responder denotes that the call responder needs improvement.
(2) ELEMENTS OF GUIDELINES.—The guidelines developed under paragraph (1) shall specify the subjects and quantity of retraining recommended and how supervisors should imple- ment increased use of silent monitoring or other performance review mechanisms.

SEC.

212.

QUALITY REVIEW AND MANAGEMENT.


(a) MONITORING OF CALLS ON VETERANS CRISIS LINE.— (1) IN GENERAL.—The Secretary of Veterans Affairs shall require that not fewer than two calls per month for each Vet- erans Crisis Line call responder be subject to supervisory silent monitoring, which is used to monitor the quality of conduct by such call responder during the call.
(2) BENCHMARKS.—The Secretary shall establish bench- marks for requirements and performance of Veterans Crisis Line call responders on supervisory silent monitored calls.

(3) QUARTERLY REPORTS.—Not less frequently than quar- terly, the Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs a report on occurrence and outcomes of supervisory silent moni- toring of calls on the Veterans Crisis Line.
(b) QUALITY MANAGEMENT PROCESSES FOR VETERANS CRISIS LINE.—Not later than one year after the date of the enactment of this Act, the leadership for the Veterans Crisis Line, in partner- ship with the Office of Mental Health and Suicide Prevention of the Department and the National Center for Patient Safety of the Department, shall establish quality management processes and expectations for staff of the Veterans Crisis Line, including with respect to reporting of adverse events and close calls.
(c) ANNUAL COMMON CAUSE ANALYSIS FOR CALLERS TO VET- ERANS CRISIS LINE WHO DIE BY SUICIDE.— (1) IN GENERAL.—Not less frequently than annually, the Secretary shall perform a common cause analysis for all identi- fied callers to the Veterans Crisis Line that died by suicide during the one-year period preceding the conduct of the analysis before the caller received contact with emergency services and in which the Veterans Crisis Line was the last point of contact.
(2) SUBMITTAL OF RESULTS.—The Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department the results of each analysis conducted under para- graph (1).

(3) APPLICATION OF THEMES OR LESSONS.—The Secretary shall apply any themes or lessons learned under an analysis under paragraph (1) to updating training and standards of practice for staff of the Veterans Crisis Line.

SEC.

213.

GUIDANCE FOR HIGH-RISK CALLERS.
H. R. 2617—1045 (a) DEVELOPMENT OF ENHANCED GUIDANCE AND PROCEDURES FOR RESPONSE TO CALLS RELATED TO SUBSTANCE USE AND OVER- DOSE RISK.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with national experts within the Department of Veterans Affairs on substance use disorder and overdose, shall— (1) develop enhanced guidance and procedures to respond to calls to the Veterans Crisis Line related to substance use and overdose risk; (2) update training materials for staff of the Veterans Crisis Line in response to such enhanced guidance and procedures; and (3) update criteria for monitoring compliance with such enhanced guidance and procedures.
(b) REVIEW AND IMPROVEMENT OF STANDARDS FOR EMERGENCY DISPATCH.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary shall— (A) review the current emergency dispatch standard operating procedure of the Veterans Crisis Line to identify any additions to such procedure to strengthen communica- tion regarding— (i) emergency dispatch for disconnected callers; and (ii) the role of social service assistants in requesting emergency dispatch and recording such dis- patches; and (B) update such procedure to include the additions identified under subparagraph (A).
(2) TRAINING.—The Secretary shall ensure that all staff of the Veterans Crisis Line are trained on all updates made under paragraph (1)(B) to the emergency dispatch standard operating procedure of the Veterans Crisis Line.

SEC.

214.

OVERSIGHT OF TRAINING OF SOCIAL SERVICE ASSISTANTS AND CLARIFICATION OF JOB RESPONSIBILITIES.
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (1) establish oversight mechanisms to ensure that social service assistants and supervisory social service assistants working with the Veterans Crisis Line are appropriately trained and implementing guidance of the Department regarding the Veterans Crisis Line; and (2) refine standard operating procedures to delineate roles and responsibilities for all levels of supervisory social service assistants working with the Veterans Crisis Line.
Subtitle B—Pilot Programs and Research on Veterans Crisis Line SEC.

221.

PILOT PROGRAMS.

(a) EXTENDED SAFETY PLANNING PILOT PROGRAM FOR VETERANS CRISIS LINE.— (1) IN GENERAL.—Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to determine H. R. 2617—1046 whether a lengthier, templated safety plan used in clinical settings could be applied in call centers for the Veterans Crisis Line.
(2) BRIEFING.—Not later than two years after the date of the enactment of this Act, the Secretary shall provide to Congress a briefing on the findings of the Secretary under the pilot program conducted under paragraph (1), which shall include any recommendations of the Secretary with respect to the continuation or discontinuation of the pilot program.
(b) CRISIS LINE FACILITATION PILOT PROGRAM.— (1) IN GENERAL.—Commencing not later than one year after the date of the enactment of this Act, the Secretary shall carry out a pilot program on the use of crisis line facilita- tion to increase use of the Veterans Crisis Line among high- risk veterans.
(2) BRIEFING.—Not later than two years after the date of the enactment of this Act, the Secretary shall provide to Congress a briefing on the findings of the Secretary under the pilot program under paragraph (1), including any rec- ommendations of the Secretary with respect to the continuation or discontinuation of the pilot program.
(3) DEFINITIONS.—In this section: (A) The term ‘‘crisis line facilitation’’, with respect to a high-risk veteran, means the presentation by a therapist of psychoeducational information about the Veterans Crisis Line and a discussion of the perceived barriers and facilitators to future use of the Veterans Crisis Line for the veteran, which culminates in the veteran calling the Veterans Crisis Line with the therapist to provide firsthand experiences that may counter negative impressions of the Veterans Crisis Line.
(B) The term ‘‘high-risk veteran’’ means a veteran receiving inpatient mental health care following a suicidal crisis.

SEC.

222.

AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH ON EFFECTIVENESS AND OPPORTUNITIES FOR IMPROVE- MENT OF VETERANS CRISIS LINE.
There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal years 2022 and 2023, a total of $5,000,000 for the Mental Illness Research, Education, and Clinical Centers of the Department of Veterans Affairs to conduct research on the effectiveness of the Veterans Crisis Line and areas for improvement for the Veterans Crisis Line.

Subtitle C—Transition of Crisis Line Number SEC.

231.

FEEDBACK ON TRANSITION OF CRISIS LINE NUMBER.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall solicit feedback from veterans service organizations on how to conduct outreach to members of the Armed Forces, veterans, their family members, and other members of the military and veterans commu- nity on the move to 988 as the new, national three-digit suicide H. R. 2617—1047 and mental health crisis hotline, which is expected to be imple- mented by July 2022, to minimize confusion and ensure veterans are aware of their options for reaching the Veterans Crisis Line.
(b) NONAPPLICATION OF FACA.—The Federal Advisory Com- mittee Act (5 U.S.C.

App.)

shall not apply to any feedback solicited under subsection (a).

(c) VETERANS SERVICE ORGANIZATION DEFINED.—In this section, the term ‘‘veterans service organization’’ means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.

TITLE III—OUTREACH TO VETERANS SEC.

301.

DESIGNATION OF BUDDY CHECK WEEK BY SECRETARY OF VETERANS AFFAIRS.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall des- ignate one week each year to organize outreach events and educate veterans on how to conduct peer wellness checks, which shall be known as ‘‘Buddy Check Week’’.
(b) EDUCATIONAL OPPORTUNITIES.— (1) IN GENERAL.—During Buddy Check Week, the Sec- retary, in consultation with organizations that represent vet- erans, nonprofits that serve veterans, mental health experts, members of the Armed Forces, and such other entities and individuals as the Secretary considers appropriate, shall collaborate with organizations that represent veterans to pro- vide educational opportunities for veterans to learn how to conduct peer wellness checks.
(2) TRAINING MATTERS.—As part of the educational opportunities provided under paragraph (1), the Secretary shall provide the following: (A) A script for veterans to use to conduct peer wellness checks that includes information on appropriate referrals to resources veterans might need.

(B) Online and in-person training, as appropriate, on how to conduct a peer wellness check.
(C) Opportunities for members of organizations that represent veterans to learn how to train individuals to conduct peer wellness checks.

(D) Training for veterans participating in Buddy Check Week on how to transfer a phone call directly to the Vet- erans Crisis Line.

(E) Resiliency training for veterans participating in Buddy Check Week on handling a veteran in crisis.
(3) ONLINE MATERIALS.—All training materials provided under the educational opportunities under paragraph (1) shall be made publicly available on a website of the Department of Veterans Affairs.
(c) OUTREACH.—The Secretary, in collaboration with organiza- tions that represent veterans, may conduct outreach regarding edu- cational opportunities under subsection (b) at— (1) public events where many veterans are expected to congregate; (2) meetings of organizations that represent veterans; (3) facilities of the Department; and H. R. 2617—1048 (4) such other locations as the Secretary, in collaboration with organizations that represent veterans, considers appro- priate.
(d) VETERANS CRISIS LINE PLAN.— (1) IN GENERAL.—The Secretary shall ensure that a plan exists for handling the potential increase in the number of calls into the Veterans Crisis Line that may occur during Buddy Check Week.

(2) SUBMITTAL OF PLAN.—The head of the Veterans Crisis Line shall submit to the Secretary a plan for how to handle excess calls during Buddy Check Week, which may include the following: (A) Additional hours for staff.

(B) The use of a backup call center.


(C) Any other plan to ensure that calls from veterans in crisis are being answered in a timely manner by an individual trained at the same level as a Veterans Crisis Line responder.

(e) DEFINITIONS.—In this section: (1) The term ‘‘organization that represents veterans’’ means an organization recognized by the Secretary for the representa- tion of veterans under section 5902 of title 38, United States Code.
(2) The term ‘‘veteran’’ has the meaning given that term in section 101 of such title.

(3) The term ‘‘Veterans Crisis Line’’ means the toll-free hotline for veterans provided by the Secretary under section 1720F(h) of such title.

SEC.

302.

IMPROVEMENTS TO VETERANS JUSTICE OUTREACH PRO- GRAM.
(a) OUTREACH REQUIREMENT.—The Secretary of Veterans Affairs shall conduct outreach regarding the Veterans Justice Out- reach Program to justice-involved veterans, military and veterans service organizations, and relevant stakeholders in the criminal justice community, including officials from local law enforcement, court, and jail systems and others as determined appropriate by the Secretary.
Such outreach— (1) shall be designed— (A) to spread awareness and understanding of the Pro- gram; (B) to spread awareness and understanding of veteran eligibility for the Program, including the eligibility of vet- erans who were discharged from service in the Armed Forces under conditions other than honorable; and (C) to improve the identification of justice-involved vet- erans; and (2) may be conducted in person, virtually, or through other means, including by the dissemination of informational mate- rials and contact information.
(b) STRATEGIC PLAN.—The Secretary of Veterans Affairs shall develop a strategic plan for the Veterans Justice Outreach Program.

In developing such plan, the Secretary shall conduct— (1) an assessment of barriers to working with justice- involved veterans in rural, remote, and underserved areas, including potential steps to address such barriers; and (2) a workforce gap analysis for the Program.
H. R. 2617—1049 (c) INCREASE IN NUMBER OF VJO SPECIALISTS.— (1) INCREASE.—The Secretary of Veterans Affairs shall increase the number of Veterans Justice Outreach specialists responsible for supporting justice-involved veterans in rural, remote, or underserved areas, including areas located far from Department of Veterans Affairs medical centers, as determined by the Secretary, through— (A) the hiring of additional Veterans Justice Outreach specialists; (B) the reallocation of existing Veterans Justice Out- reach specialists; or (C) such other means as may be determined appro- priate by the Secretary.
(2) DETERMINATION.—The Secretary shall determine the number of Veterans Justice Outreach specialists required, and the locations of such specialists, under paragraph (1) by taking into account— (A) such number and locations needed to achieve the mission and strategic goals of the Veterans Justice Out- reach Program; (B) any gaps in the workforce of the Program, including such gaps identified pursuant to subsection (b)(2); and (C) strategies to address such gaps.
(3) USE OF TECHNOLOGY.—In carrying out paragraph (1), the Secretary shall consider the use of virtual technology.

(d) PERFORMANCE GOALS AND IMPLEMENTATION PLANS.— (1) ESTABLISHMENT.—The Secretary of Veterans Affairs shall establish performance goals and implementation plans for— (A) the Veterans Justice Outreach Program; (B) Veterans Justice Outreach Specialists; and (C) providing support for research regarding justice- involved veterans.
(2) CONSISTENCY WITH STRATEGIC PLAN.—The Secretary shall ensure that the performance goals and implementation plans under paragraph (1) are consistent with the strategic plan under subsection (b) and include— (A) qualitative and quantitative milestones, measures, and metrics, and associated timelines for completion of the plans under paragraph (1) and barriers to such comple- tion; (B) an identification of relevant staff; and (C) an estimate of resource needs and sources.
(3) PERFORMANCE DATA.—The Secretary shall establish a process to regularly collect and analyze performance data to assess the efficiency and effectiveness of implementing the plans under paragraph (1).
(e) TRAINING REQUIREMENT.—The Secretary shall ensure that all Veterans Justice Outreach Specialists receive training not less frequently than annually on— (1) best practices for identifying and conducting outreach to justice-involved veterans and relevant stakeholders in the criminal justice community; and (2) veteran eligibility for the Veterans Justice Outreach Program, including with respect to consistently communicating changes regarding eligibility (including through the use of a script or other reference materials).
H. R. 2617—1050 (f) REPORTS ON IMPLEMENTATION.— (1) FIRST REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the following: (A) An assessment of implementing subsection (c), including— (i) strategies to increase Veterans Justice Outreach specialists responsible for supporting justice-involved veterans in rural, remote, or underserved areas; and (ii) the progress of the Secretary in addressing gaps in the workforce of the Veterans Justice Outreach Program identified pursuant to paragraph (2) of such subsection.
(B) The performance goals and implementation plans established under subsection (d)(1).

(2) SUBSEQUENT REPORT.—Not later than three years after the date on which the first report is submitted under paragraph (1), the Secretary shall submit to Congress a report on the progress of the Secretary in meeting the performance goals and carrying out activities under the implementation plans established under subsection (d)(1).
(g) REPORT ON VETERANS TREATMENT COURTS.—Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with the Attorney General, shall submit to Congress a report on the engagement of the Department of Veterans Affairs with veterans treatment courts, including— (1) the availability and efficacy of veterans treatment courts in meeting the needs of justice-involved veterans; (2) best practices for Department of Veterans Affairs staff and justice-involved veterans in working with veterans treat- ment courts; and (3) the ability of justice-involved veterans to access veterans treatment courts, including any barriers that exist to increasing such access.
(h) DEFINITIONS.—In this section: (1) The term ‘‘justice-involved veteran’’ means a veteran with active, ongoing, or recent contact with some component of a local criminal justice system.

(2) The term ‘‘Veterans Justice Outreach Program’’ means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services.
(3) The term ‘‘Veterans Justice Outreach Specialist’’ means an employee of the Department of Veterans Affairs who serves as a liaison between the Department and the local criminal justice system on behalf of a justice-involved veteran.

(4) The term ‘‘veterans treatment court’’ means a State or local court that is participating in the veterans treatment court program (as defined in section 2991(i)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3797aa(i)(1))).

SEC.

303.


DEPARTMENT OF VETERANS AFFAIRS GOVERNORS CHAL- LENGE PROGRAM.

The Secretary of Veterans Affairs may enter into agreements with States, territories, and American Indian and Alaska Native H. R. 2617—1051 tribes for the development and implementation of veteran suicide prevention proposals through the Governors Challenge Program.

TITLE IV—MENTAL HEALTH CARE DELIVERY SEC.

401.

EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) EXPANSION.—Section 506 of the VA MISSION Act of 2018 (Public Law 115–182; 38 U.S.C.
1701 note) is amended— (1) by redesignating subsections (d) through (f) as sub- sections (e) through (g); (2) in subsection (a), by adding at the end the following new sentence: ‘‘Each such peer specialist shall be a full-time employee whose primary function is to serve as a peer specialist and shall be in addition to all other employees of such medical center.’’; (3) in the heading of subsection (b), by striking ‘‘TIME- FRAME’’ and inserting ‘‘INITIAL TIMEFRAME’’; (4) in subsection (c)— (A) in the heading, by striking ‘‘SELECTION’’ and inserting ‘‘INITIAL SELECTION’’; and (B) in paragraph (1), by striking ‘‘The Secretary shall’’ and inserting ‘‘In establishing the program at initial loca- tions, the Secretary shall’’; (5) by inserting after subsection (c) the following new sub- section: ‘‘(d) TIMEFRAME FOR EXPANSION OF PROGRAM; SELECTION OF ADDITIONAL LOCATIONS.— ‘‘(1) TIMEFRAME FOR EXPANSION.—The Secretary shall make permanent and expand the program to additional medical cen- ters of the Department as follows: ‘‘(A) As of the date of the enactment of the STRONG Veterans Act of 2022, the Secretary shall make such pro- gram permanent at each medical center participating in the program on the day before such date of enactment.
‘‘(B) During the seven-year period following such date of enactment, the Secretary shall expand the program to an additional 25 medical centers per year until the program is carried out at each medical center of the Department.
‘‘(2) SELECTION OF ADDITIONAL LOCATIONS.—In selecting medical centers for the expansion of the program under para- graph (1)(B), until such time as each medical center of the Department is participating in the program by establishing not fewer than two peer specialists at the medical center, the Secretary shall prioritize medical centers in the following areas: ‘‘(A) Rural areas and other areas that are underserved by the Department.
‘‘(B) Areas that are not in close proximity to an active duty military installation.
‘‘(C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census.’’; (6) in subsection (e), as redesignated by paragraph (1)— H. R. 2617—1052 (A) in the heading, by striking ‘‘GENDER-SPECIFIC SERV- ICES’’ and inserting ‘‘CONSIDERATIONS FOR HIRING PEER SPECIALISTS’’; (B) in the matter preceding paragraph (1), by striking ‘‘location selected under subsection (c)’’ and inserting ‘‘med- ical center’’; (C) in paragraph (1), by striking ‘‘and’’ at the end; and (D) by striking paragraph (2) and inserting the fol- lowing new paragraph (2): ‘‘(2) female peer specialists are hired and made available to support female veterans who are treated at each medical center.’’; and (7) by amending subsection (g), as redesignated by para- graph (1), to read as follows: ‘‘(g) REPORTS.— ‘‘(1) PERIODIC REPORTS.— ‘‘(A) IN GENERAL.—Not later than one year after the date of the enactment of the STRONG Veterans Act of 2022, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the program, including the expansion of the program under subsection (d)(1).
‘‘(B) ELEMENTS.—Each report under subparagraph (A) shall include, with respect to the one-year period preceding the submission of the report, the following: ‘‘(i) The findings and conclusions of the Secretary with respect to the program.

‘‘(ii) An assessment of the benefits of the program to veterans and family members of veterans.
‘‘(iii) An assessment of the effectiveness of peer specialists in engaging under subsection (f) with health care providers in the community and veterans served by such providers.

‘‘(iv) The name and location of each medical center where new peer specialists were hired.

‘‘(v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section.
‘‘(vi) An assessment of any barriers confronting the recruitment, training, or retention of peer special- ists.

‘‘(2) FINAL REPORT.—Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Department, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report notifying such committees of such determination.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Department of Veterans Affairs to imple- ment section 506 of the VA MISSION Act of 2018 (Public Law 115–182; 38 U.S.C.

1701 note), as amended by subsection (a), the following amounts: (1) $3,600,000 for fiscal year 2022.

(2) $7,200,000 for fiscal year 2023.

H. R. 2617—1053 (3) $10,800,000 for fiscal year 2024.

(4) $14,400,000 for fiscal year 2025.

(5) $18,000,000 for fiscal year 2026.


(6) $21,600,000 for fiscal year 2027.

(7) $25,000,000 for fiscal year 2028.

SEC.

402.

EXPANSION OF VET CENTER SERVICES.
(a) VETERANS AND MEMBERS USING EDUCATIONAL ASSISTANCE BENEFITS.—Section 1712A of title 38, United States Code, is amended— (1) by striking ‘‘clauses (i) through (vi)’’ both places it appears and inserting ‘‘clauses (i) through (vii)’’; (2) by striking ‘‘in clause (vii)’’ both places it appears and inserting ‘‘in clause (viii)’’; (3) in subsection (a)(1)(C)— (A) by redesignating clause (vii) as clause (viii); and (B) by inserting after clause (vi) the following new clause: ‘‘(vii) Any veteran or member of the Armed Forces pursuing a course of education using covered educational assistance bene- fits.’’; and (4) in subsection (h), by adding at the end the following new paragraph: ‘‘(6) The term ‘covered educational assistance benefits’ means educational assistance benefits provided pursuant to— ‘‘(A) chapter 30, 31, 32, or 33 of this title; ‘‘(B) chapter 1606 or 1607 of title 10; ‘‘(C) section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48; 38 U.S.C.
3001 note); or ‘‘(D) section 8006 of the American Rescue Plan Act of 2021 (Public Law 117–2; 38 U.S.C.

3001 note prec.).’’.
(b) GAO REPORT.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report assessing— (1) the mental health needs of veterans pursuing a course of education using covered educational assistance benefits (as defined in section 1712A(h)(6) of title 38, United States Code, as added by subsection (a)); and (2) the efforts of the Department of Veterans Affairs to address such mental health needs.
SEC.

403.

ELIGIBILITY FOR MENTAL HEALTH SERVICES.
(a) IN GENERAL.—Section 1712A(a)(1) of title 38, United States Code, as amended by section 402, is further amended— (1) in subparagraph (A)(ii)— (A) in subclause (I), by striking ‘‘and’’; (B) in subclause (II), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(III) in the case of a veteran or member who died by suicide, to the degree that counseling furnished to such individual is found to aid in coping with the effects of such suicide.’’; (2) in subparagraph (B)(i)(II)— (A) in item (aa), by striking ‘‘or’’; H. R. 2617—1054 (B) in item (bb), by striking the period at the end and inserting ‘‘; or’’; and (C) by adding at the end the following; ‘‘(cc) coping with the effects of a suicide described in subclause (III) of such clause.’’; and (3) in subparagraph (C)(vii)— (A) in subclause (I), by striking ‘‘or’’ at the end; (B) in subclause (II), by striking the period at the end and inserting ‘‘; or’’; and (C) by adding at the end the following: ‘‘(III) veteran or member of the Armed Forces who died by suicide.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to family members of a member or veteran who died by suicide before, on, or after the date of the enactment of this Act.

SEC.

404.

MENTAL HEALTH CONSULTATIONS.

(a) MENTAL HEALTH CONSULTATIONS FOR VETERANS FILING FOR COMPENSATION.— (1) IN GENERAL.—Subchapter VI of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ‘‘§ 1167.
Mental health consultations ‘‘(a) IN GENERAL.—Not later than 30 days after the date on which a veteran submits to the Secretary a claim for compensation under this chapter for a service-connected disability relating to a mental health diagnosis, the Secretary shall offer the veteran a mental health consultation to assess the mental health needs of, and care options for, the veteran.
‘‘(b) AVAILABILITY.—The Secretary shall— ‘‘(1) offer a veteran a consultation under subsection (a) without regard to any previous denial or approval of a claim of that veteran for a service-connected disability relating to a mental health diagnosis; and ‘‘(2) ensure that a veteran offered a mental health consulta- tion under subsection (a) may elect to receive such consultation during the one-year period beginning on the date on which the consultation is offered or during such longer period begin- ning on such date as the Secretary considers appropriate.
‘‘(c) RULE OF CONSTRUCTION.—A consultation provided to a veteran under this section shall not be construed as a determination that any disability of such veteran is service-connected for the purposes of any benefit under the laws administered by the Sec- retary.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 11 of such title is amended by adding at the end the following new item: ‘‘1167.

Mental health consultations.’’.


(b) MENTAL HEALTH CONSULTATIONS FOR VETERANS ENTERING HOMELESS PROGRAMS OFFICE PROGRAMS.— (1) IN GENERAL.—Subchapter VII of chapter 20 of title 38, United States Code, is amended by adding at the end the following new section: H. R. 2617—1055 ‘‘§ 2068.
Mental health consultations ‘‘(a) IN GENERAL.—Not later than two weeks after the date on which a veteran described in subsection (b) enters into a program administered by the Homeless Programs Office of the Department, the Secretary shall offer the veteran a mental health consultation to assess the health needs of, and care options for, the veteran.
‘‘(b) VETERAN DESCRIBED.—A veteran described in this sub- section is a veteran to whom a mental health consultation is not offered or provided through the case management services of the program of the Homeless Programs Office into which the veteran enters.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 20 of such title is amended by adding at the end the following new item: ‘‘2068.

Mental health consultations.’’.

TITLE V—RESEARCH SEC.

501.


VETERANS INTEGRATION TO ACADEMIC LEADERSHIP PRO- GRAM OF THE DEPARTMENT OF VETERANS AFFAIRS.

(a) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representa- tives and the Senate a report on the Veterans Integration to Aca- demic Leadership program of the Department of Veterans Affairs.
The report shall include the following: (1) The number of medical centers of the Department, institutions of higher learning, non-college degree programs, and student veterans supported by the program, and relevant trends since the program began.

(2) The staff and resources allocated to the program, and relevant trends since the program began.
(3) An assessment of the outcomes and effectiveness of the program in— (A) supporting student veterans; (B) connecting student veterans to needed services of the Department or services provided by non-Department entities; (C) addressing the mental health needs of student veterans; (D) lowering the suicide risk of student veterans; and (E) helping student veterans achieve educational goals.

(4) An assessment of barriers to expanding the program and how the Secretary intends to address such barriers.
(5) An assessment of whether the program should be expanded outside of the Office of Mental Health and Suicide Prevention to support students veterans with needs unrelated to mental health or suicide.

(b) UNIFORM BEST PRACTICES, GOALS, AND MEASURES.—The Secretary shall establish best practices, goals, and measures for the Veterans Integration to Academic Leadership program of the Department that are uniform among the medical centers of the Department.
(c) OUTREACH.—The Secretary shall conduct outreach among the Armed Forces, veterans service organizations, institutions of higher learning, and non-college degree programs with respect to H. R. 2617—1056 the Veterans Integration to Academic Leadership program of the Department.
(d) ASSESSMENT.—The Secretary shall assess the feasibility and advisability of including the suicide rate for student veterans in the National Veteran Suicide Prevention Annual Report of the Office of Mental Health and Suicide Prevention of the Department.

(e) DEFINITIONS.—In this section: (1) The term ‘‘institution of higher learning’’ has the meaning given that term in section 3452 of title 38, United States Code.
(2) The term ‘‘student veteran’’ means the following: (A) A veteran or member of the Armed Forces using educational assistance under any of the following provisions of law: (i) Chapter 30, 31, 32, or 33 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code.

(ii) Section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115– 48; 38 U.S.C.

3001 note).

(iii) Section 8006 of the American Rescue Plan Act of 2021 (Public Law 117–2; 38 U.S.C.
3001 note prec.).

(B) A veteran who is enrolled in an institution of higher learning or other training program, without regard to whether the veteran is using educational assistance specified in subparagraph (A).

SEC.

502.

IMPROVEMENT OF SLEEP DISORDER CARE FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Pursuant to the analysis conducted under subsection (b), the Secretary of Veterans Affairs shall take such action as the Secretary considers appropriate to improve the assess- ment and treatment of veterans with sleep disorders, including by conducting in-home sleep studies for veterans.
(b) ANALYSIS.—The Secretary shall conduct an analysis of the ability of the Department of Veterans Affairs to treat sleep disorders among veterans, including— (1) assessment and treatment options for such disorders; (2) barriers to care for such disorders, such as wait time, travel time, and lack of staffing; (3) the efficacy of the clinical practice guidelines of the Department of Veterans Affairs and the Department of Defense for such disorders; and (4) the availability of and efficacy of the use by the Depart- ment of Veterans Affairs of cognitive behavioral therapy for insomnia.
(c) REPORT.—Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on— (1) the findings from the analysis conducted under sub- section (b); and (2) any actions taken under subsection (a) to improve the assessment and treatment of veterans with sleep disorders.
(d) AUTHORIZATION OF APPROPRIATIONS FOR IN-HOME SLEEP STUDIES.—There is authorized to be appropriated to the Secretary H. R. 2617—1057 of Veterans Affairs $5,000,000 to be used to conduct in-home sleep studies for veterans, as part of sleep disorder assessment and treatment conducted by the Department of Veterans Affairs.

SEC.

503.

STUDY ON INPATIENT MENTAL HEALTH AND SUBSTANCE USE CARE FROM DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete the conduct of a study on access of veterans to care under the residential rehabilitation treatment programs of the Department of Veterans Affairs to determine— (1) if there are sufficient geographic offerings of inpatient mental health care, especially for veterans in rural and remote communities; (2) if there are sufficient bed spaces at each location, based on demand and drive time from the homes of veterans; (3) if there are any workforce-related capacity limitations at each location, including if beds are unable to be used because there are not enough providers to care for additional patients; (4) if there are diagnosis-specific or sex-specific barriers to accessing care under such programs; and (5) the average wait time for a bed in such a program, broken out by— (A) Veterans Integrated Service Network; (B) rural or urban area; (C) sex; and (D) specialty (general program, substance use disorder program, military sexual trauma program, etc.).
(b) RECOMMENDATIONS FOR MODIFICATIONS TO TREATMENT PRO- GRAMS.—Using the results from the study conducted under sub- section (a), the Secretary shall make recommendations for— (1) new locations for opening facilities to participate in the residential rehabilitation treatment programs of the Depart- ment; (2) facilities under such programs at which new beds can be added; and (3) any additional specialty tracks to be added to such programs, such as substance use disorder or military sexual trauma, in order to meet veteran need and demand.
(c) REPORT.—Not later than 180 days after completion of the study under subsection (a), the Secretary shall submit to the Com- mittee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the study conducted under subsection (a) and the rec- ommendations made by the Secretary under subsection (b).

SEC.

504.

STUDY ON TREATMENT FROM DEPARTMENT OF VETERANS AFFAIRS FOR CO-OCCURRING MENTAL HEALTH AND SUB- STANCE USE DISORDERS.
(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a study examining— (1) the availability of treatment programs for veterans with co-occurring mental health and substance use disorders (including both inpatient and outpatient care); (2) any geographic disparities in access to such programs, such as for rural and remote veterans; and (3) the average wait times for care under such programs.
H. R. 2617—1058 (b) REPORT.— (1) IN GENERAL.—Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the study conducted under subsection (a).
(2) ELEMENTS.—The report required by paragraph (1) shall include— (A) any recommendations resulting from the study con- ducted under subsection (a) with respect to improving time- liness and quality of care and meeting treatment pref- erences for veterans with co-occurring mental health and substance use disorders; and (B) a description of any actions taken by the Secretary to improve care for such veterans.

SEC.

505.

STUDY ON WORKLOAD OF SUICIDE PREVENTION TEAMS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—The Secretary of Veterans Affairs, acting through the Under Secretary for Health and the Office of Mental Health and Suicide Prevention, shall conduct a study evaluating the workload of local suicide prevention teams of the Department of Veterans Affairs.
(b) ELEMENTS.—The study conducted under subsection (a) shall— (1) identify the effects of the growth of the suicide preven- tion program of the Department on the workload of suicide prevention teams; (2) incorporate key practices for staffing model design in determining suicide prevention staffing needs; and (3) determine which facilities of the Department need increased suicide prevention coordinator staffing to meet the needs of veterans, with an emphasis placed on facilities with high patient volume and facilities located in States with high rates of veteran suicide.
(c) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report— (1) on the findings of the study conducted under subsection (a); and (2) indicating any changes made to the staffing of suicide prevention teams of the Department resulting from the deter- minations made under subsection (b)(3), including a list of facilities of the Department where staffing was adjusted.
SEC.

506.

EXPANSION OF SUICIDE PREVENTION AND MENTAL HEALTH RESEARCH.

(a) RESEARCH ON MORAL INJURY.—The Secretary of Veterans Affairs, acting through the Office of Research and Development of the Department of Veterans Affairs, shall conduct suicide preven- tion and mental health care improvement research on how moral injury relates to the mental health needs of veterans who served in the Armed Forces after September 11, 2001, and best practices for mental health treatment for such veterans.
H. R. 2617—1059 (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Department of Veterans Affairs an addi- tional $10,000,000 to be used by the Center of Excellence for Suicide Prevention of the Department and the Rocky Mountain Mental Illness Research Education and Clinical Center for purposes of conducting research on the factors impacting veteran suicide and best practices for early intervention and support.

SEC.

507.
SEC.

507.

STUDY ON MENTAL HEALTH AND SUICIDE PREVENTION SUP- PORT FOR MILITARY FAMILIES.

in (a) IN GENERAL.—The Secretary of Veterans Affairs, collaboration with the Secretary of Defense, shall conduct a study on secondary post-traumatic stress disorder and depression and its impact on spouses, children, and caregivers of members of the Armed Forces.
(b) REPORT.— (1) IN GENERAL.—Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to Congress, veterans service organizations, and military sup- port organizations a report on the findings of the study con- ducted under subsection (a).

(2) DEFINITIONS.—In this subsection: (A) The term ‘‘military support organization’’ has the meaning given that term by the Secretary of Defense.
(B) The term ‘‘veterans service organization’’ means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.

SEC.

508.

RESEARCH ON BRAIN HEALTH.


There is authorized to be appropriated to the Department of Veterans Affairs an additional $5,000,000 for ongoing and future research at the Translational Research Center of the Department of Veterans Affairs for traumatic brain injury and stress disorders to provide better understanding of, and improved treatment options for, veterans who served in the Armed Forces after September 11, 2001, and who have traumatic brain injury or post-traumatic stress disorder.

SEC.
SEC.

509.

STUDY ON EFFICACY OF CLINICAL AND AT-HOME RESOURCES FOR POST-TRAUMATIC STRESS DISORDER.
Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Office of Research and Development of the Department of Veterans Affairs, shall conduct a study on— (1) the efficacy of clinical and at-home resources, such as mobile applications like COVID Coach, for providers, vet- erans, caregivers, and family members to use for dealing with stressors; (2) the feasibility and advisability of developing more such resources; (3) strategies for improving mental health care and out- comes for veterans with post-traumatic stress disorder; and (4) best practices for helping family members of veterans deal with secondary post-traumatic stress disorder or mental health concerns.
H. R. 2617—1060 DIVISION W—UNLEASHING AMERICAN INNOVATORS ACT OF 2022 SEC.

101.

SHORT TITLE.

This division may be cited as the ‘‘Unleashing American Innovators Act of 2022’’.

SEC.

102.

DEFINITIONS.

In this division: (1) DIRECTOR.—The term ‘‘Director’’ means the Under Sec- retary of Commerce for Intellectual Property and Director of the Office.

(2) OFFICE.—The term ‘‘Office’’ means the United States Patent and Trademark Office.
(3) PATENT PRO BONO PROGRAMS.—The term ‘‘patent pro bono programs’’ means the programs established pursuant to section 32 of the Leahy-Smith America Invents Act (35 U.S.C.

2 note).

(4) SOUTHEAST REGION OF THE UNITED STATES.—The term ‘‘southeast region of the United States’’ means the area of the United States that is comprised of the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, and Arkansas.

SEC.

103.

SATELLITE OFFICES.


(a) AMENDMENTS TO PURPOSE AND REQUIRED CONSIDER- ATIONS.—Section 23 of the Leahy-Smith America Invents Act (35 U.S.C.
1 note) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking ‘‘increase outreach activities to’’; and (ii) by inserting after ‘‘Office’’ the following: ‘‘, including by increasing outreach activities, including to individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings’’; and (B) by striking paragraph (2) and inserting the fol- lowing: ‘‘(2) enhance patent examiner and administrative patent judge retention, including patent examiners and administrative patent judges from economically, geographically, and demo- graphically diverse backgrounds;’’; and (2) in subsection (c)(1)— (A) in subparagraph (D), by striking ‘‘and’’ at the end; (B) in subparagraph (E), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(F) with respect to each office established after January 1, 2023, shall consider the proximity of the office to anchor institutions (such as hospitals primarily serving veterans and institutions of higher education), individual inventors, small businesses, veterans, low-income popu- lations, students, rural populations, and any geographic H. R. 2617—1061 group of innovators that the Director may determine to be underrepresented in patent filings.’’.
(b) SOUTHEAST REGIONAL OFFICE.— (1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Director shall establish a satellite office of the Office in the southeast region of the United States.

(2) CONSIDERATIONS.—When selecting a site for the office required under paragraph (1), the Director shall consider the following: (A) The number of patent-intensive industries located near the site.
(B) How many institutions, including institutions of higher education, are located near the site.

research-intensive (C) The State and local government legal and business frameworks that support intellectual property-intensive industries located near the site.
(c) STUDY ON ADDITIONAL SATELLITE OFFICES.—Not later than 2 years after the date of enactment of this Act, the Director shall complete a study to determine whether additional satellite offices of the Office are necessary to— (1) achieve the purposes described in section 23(b) of the Leahy-Smith America Invents Act (35 U.S.C.
1 note), as amended by this section; and (2) increase participation in the patent system by individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrep- resented in patent filings.

SEC.

104.

COMMUNITY OUTREACH OFFICES.


(a) ESTABLISHMENT.— (1) IN GENERAL.—Subject to paragraphs (2) and (3), not later than 5 years after the date of enactment of this Act, the Director shall establish not fewer than 4 community out- reach offices throughout the United States.

(2) RESTRICTION.—No community outreach office estab- lished under paragraph (1) may be located in the same State as— (A) the principal office of the Office; or (B) any satellite office of the Office.
(3) REQUIREMENT FOR NORTHERN NEW ENGLAND REGION.— (A) IN GENERAL.—The Director shall establish not less than 1 community outreach office under this subsection in the northern New England region, which shall serve the States of Vermont, New Hampshire, and Maine.
(B) CONSIDERATIONS.—In determining the location for the office required to be established under subparagraph (A), the Director shall give preference to a location in which— (i) as of the date of enactment of this Act— (I) there is located not less than 1 public institution of higher education and not less than 1 private institution of higher education; and (II) there are located not more than 15 reg- istered patent attorneys, according to data from H. R. 2617—1062 the Office of Enrollment and Discipline of the Office; and (ii) according to data from the 2012 Survey of Business Owners conducted by the Bureau of the Census, less than 45 percent of the firms (as that term is defined for the purposes of that Survey) are owned by women, minorities, or veterans.
(b) PURPOSES.—The purposes of the community outreach offices established under subsection (a) are to— (1) further achieve the purposes described in section 23(b)(1) of the Leahy-Smith America Invents Act (35 U.S.C.
1 note), as amended by this division; (2) partner with local community organizations, institutions of higher education, research institutions, and businesses to create community-based programs that— (A) provide education regarding the patent system; and (B) promote the career benefits of innovation and entrepreneurship; and (3) educate prospective inventors, including individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrep- resented in patent filings, about all public and private resources available to potential patent applicants, including the patent pro bono programs.
SEC.

105.

UPDATES TO THE PATENT PRO BONO PROGRAMS.

(a) STUDY AND UPDATES.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Director shall— (A) complete a study of the patent pro bono programs; and (B) submit the results of the study required under subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(2) SCOPE OF THE STUDY.—The study required under para- graph (1)(A) shall— (A) assess— (i) whether the patent pro bono programs, as in effect on the date on which the study is commenced, are sufficiently serving prospective and existing partici- pants; (ii) whether the patent pro bono programs are sufficiently funded to serve prospective participants; (iii) whether any participation requirement of the patent pro bono programs, including any requirement to demonstrate knowledge of the patent system, serves as a deterrent for prospective participants; (iv) the degree to which prospective inventors are aware of the patent pro bono programs; (v) what factors, if any, deter attorneys from participating in the patent pro bono programs; (vi) whether the patent pro bono programs would be improved by expanding those programs to include non-attorney advocates; and H. R. 2617—1063 (vii) any other issue the Director determines appro- priate; and (B) make recommendations for such administrative and legislative action as may be appropriate.
(b) USE OF RESULTS.—Upon completion of the study required under subsection (a), the Director shall work with the Pro Bono Advisory Council, the operators of the patent pro bono programs, and intellectual property law associations across the United States to update the patent pro bono programs in response to the findings of the study.
(c) EXPANSION OF INCOME ELIGIBILITY.— (1) IN GENERAL.—The Director shall work with and support, including by providing financial support to, existing patent pro bono programs and intellectual property law associations across the United States to expand eligibility for the patent pro bono programs to an individual living in a household, the gross household income of which is not more than 400 percent of the Federal poverty line.
(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) may be construed to prevent a patent pro bono program from electing to establish a higher eligibility level, as compared to the level described in that paragraph.

SEC.

106.

PRE-PROSECUTION ASSESSMENT PILOT PROGRAM.


(a) PILOT PROGRAM.—Not later than 1 year after the date of enactment of this Act, the Director shall establish a pilot program to assist first-time prospective patent applicants in assessing the strengths and weaknesses of a potential patent application sub- mitted by such a prospective applicant.
(b) CONSIDERATIONS.—In developing the pilot program required under subsection (a), the Director shall establish— (1) a notification process to notify a prospective patent applicant seeking an assessment described in that subsection that any assessment so provided may not be considered an official ruling of patentability from the Office; (2) conditions to determine eligibility for the pilot program, taking into consideration available resources; (3) reasonable limitations on the amount of time to be spent providing assistance to each individual first-time prospec- tive patent applicant; (4) procedures for referring prospective patent applicants to legal counsel, including through the patent pro bono pro- grams; and (5) procedures to protect the confidentiality of the informa- tion disclosed by prospective patent applicants.
SEC.

107.

FEE REDUCTION FOR SMALL AND MICRO ENTITIES.

(a) TITLE 35.—Section 41(h) of title 35, United States Code, is amended— (1) in paragraph (1), by striking ‘‘50 percent’’ and inserting ‘‘60 percent’’; and (2) in paragraph (3), by striking ‘‘75 percent’’ and inserting ‘‘80 percent’’.
(b) FALSE CERTIFICATIONS.—Title 35, United States Code, is amended— (1) in section 41, by adding at the end the following: ‘‘(j) PENALTY FOR FALSE ASSERTIONS.—In addition to any other penalty available under law, an entity that is found to have falsely H. R. 2617—1064 asserted entitlement to a fee reduction under this section shall be subject to a fine, to be determined by the Director, the amount of which shall be not less than 3 times the amount that the entity failed to pay as a result of the false assertion, whether the Director discovers the false assertion before or after the date on which a patent has been issued.’’; and (2) in section 123, by adding at the end the following: ‘‘(f) PENALTY FOR FALSE CERTIFICATIONS.—In addition to any other penalty available under law, an entity that is found to have falsely made a certification under this section shall be subject to a fine, to be determined by the Director, the amount of which shall be not less than 3 times the amount that the entity failed to pay as a result of the false certification, whether the Director discovers the false certification before or after the date on which a patent has been issued.’’.
(c) LEAHY-SMITH AMERICA INVENTS ACT.—Section 10(b) of the Leahy Smith America Invents Act (35 U.S.C.

41 note) is amended— (1) by striking ‘‘50 percent’’ and inserting ‘‘60 percent’’; and (2) by striking ‘‘75 percent’’ and inserting ‘‘80 percent’’.
(d) STUDY ON FEES.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Director shall— (A) complete a study of the fees charged by the Office; and (B) submit the results of the study required under subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(2) SCOPE OF STUDY.—The study required under paragraph (1)(A) shall— (A) assess whether— (i) fees for small and micro entities are inhibiting the filing of patent applications by those entities; (ii) fees for examination should approximately match the costs of examination and what incentives are created by using maintenance fees to cover the costs of examination; and (iii) the results of the assessments performed under clauses (i) and (ii) counsel in favor of changes to the fee structure of the Office, such as— (I) raising standard application and examina- tion fees; (II) reducing standard maintenance fees; and (III) reducing the fees for small and micro entities as a percentage of standard application fees; and (B) make recommendations for such administrative and legislative action as may be appropriate.
H. R. 2617—1065 DIVISION X—EXTENSION OF AUTHOR- IZATION FOR SPECIAL ASSESSMENT FOR DOMESTIC TRAFFICKING VIC- TIMS’ FUND SEC.

101.

EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR DOMESTIC TRAFFICKING VICTIMS’ FUND.

Section 3014(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking ‘‘December 23, 2022’’ and inserting ‘‘December 23, 2024’’.

DIVISION Y—CONTRACT ACT OF 2022 SEC.

101.

SHORT TITLE.
101.

SHORT TITLE.

This division may be cited as the ‘‘Continuity for Operators with Necessary Training Required for ATC Contract Towers Act of 2022’’ or the ‘‘CONTRACT Act of 2022’’.

SEC.

102.

ANNUITY SUPPLEMENT.


Section 8421a(c) of title 5, United States Code, is amended— (1) by striking ‘‘as an air traffic’’ and inserting the following: ‘‘as an— ‘‘(1) air traffic’’; (2) in paragraph (1), as so designated, by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: ‘‘(2) air traffic controller pursuant to a contract made with the Secretary of Transportation under section 47124 of title 49.’’.

DIVISION Z—COVS ACT SEC.

101.

SHORT TITLE.


This division may be cited as the ‘‘Computers for Veterans and Students Act of 2022’’ or the ‘‘COVS Act’’.

SEC.

102.

FINDINGS.

Congress finds the following: (1) Access to computers and computer technology is indispensable for success in the 21st century.
Millions of Ameri- cans do not regularly use a computer and research shows that substantial disparities remain in both internet use and the quality of access, with the digital divide concentrated among older, less educated, less affluent populations, especially vet- erans, low-income students, and senior citizens.

(2) The COVID–19 pandemic has highlighted the gap between those with computer access and those without.
Millions of students, their families, and workers from across the economy were unable to do schoolwork, work remotely from home, or connect to loved ones and their communities because of the digital divide.

(3) Any Federal program that distributes surplus, repair- able Federal computers or technology equipment would benefit H. R. 2617—1066 from a partnership with a nonprofit organization whose mission is bridging the digital divide.

SEC.

103.
SEC.

103.

REFURBISHMENT AND DISTRIBUTION OF SURPLUS COM- PUTERS AND TECHNOLOGY EQUIPMENT.

(a) IN GENERAL.—Subchapter III of chapter 5 of title 40, United States Code, is amended by inserting after section 549 the following: ‘‘§ 549a.
Donation of personal property through nonprofit refurbishers ‘‘(a) AUTHORIZATION.—Not later than 30 days after the date on which the Administrator provides State agencies for surplus property an opportunity to review surplus computer or technology equipment under section 549, the Administrator shall, as appro- priate, transfer full title to such surplus computer or technology equipment that is determined to be eligible under subsection (b)(1) to nonprofit computer refurbishers for repair, distribution, and sub- sequent transfer of full title of the equipment to eligible recipients under this section.
‘‘(b) ELIGIBILITY, PARTICIPATION, AND DUTIES.— ‘‘(1) ELIGIBILITY.—Surplus computer or technology equip- ment is eligible for transfer under this section if a Federal agency determines that— ‘‘(A) the surplus computer or technology equipment is repairable; and ‘‘(B) the surplus computer or technology equipment meets the Guidelines for Media Sanitization issued by the National Institute of Standards and Technology (NIST Spe- cial Publication 800–88), or any successor thereto.
‘‘(2) PARTICIPATION.—The Administrator may establish partnerships with nongovernmental entities, at no cost and through cooperative agreements, to facilitate the identification and participation of nonprofit computer refurbishers under this section.
‘‘(3) DUTIES OF REFURBISHERS.—A nonprofit computer refur- bisher that receives surplus computer or technology equipment under this section shall— ‘‘(A) make necessary repairs to restore the surplus computer or technology equipment to working order; ‘‘(B) distribute the repaired surplus computer or tech- nology equipment to eligible recipients at no cost, except to the extent— ‘‘(i) necessary to facilitate shipping and handling of such equipment; and ‘‘(ii) that such cost is consistent with any regula- tions promulgated by the Administrator under sub- section (d); ‘‘(C) offer training programs on the use of the repaired computers and technology equipment for the recipients of the equipment; and ‘‘(D) use recyclers to the maximum extent practicable in the event that surplus computer or technology equipment transferred under this section cannot be repaired or reused.
‘‘(c) REPORTING REQUIREMENTS.— ‘‘(1) REFURBISHER REPORTS.—A nonprofit computer refur- bisher that receives surplus computer or technology equipment under this section shall provide the Administrator with any H. R. 2617—1067 information the Administrator determines to be necessary for required reporting— ‘‘(A) including information about the distribution of such equipment; and ‘‘(B) which shall not include any personal identifying information about the recipient of such equipment apart from whether a recipient is an educational institution, indi- vidual with disabilities, low-income individual, student, senior in need, or veteran for the purposes of eligibility under this section.
‘‘(2) ADMINISTRATOR REPORTS.—Annually and consistent with reporting requirements for transfers of Federal personal property to non-Federal entities, the Administrator shall submit to Congress and make publicly available a report that includes, for the period covered by the report— ‘‘(A) a description of the efforts of the Administrator under this section; ‘‘(B) a list of nongovernmental entities with which the Administrator had a partnership described in subsection (b)(2); ‘‘(C) a list of nonprofit computer refurbishers that received, made repairs to, and distributed surplus computer and technology equipment, including disclosure of any for- eign ownership interest in a nonprofit computer refur- bisher; and ‘‘(D) a list of donated and subsequently repaired sur- plus computer or technology equipment identifying— ‘‘(i) the Federal agency that donated the surplus computer or technology equipment; ‘‘(ii) the State and county (or similar unit of local government) where the recipient is located; and ‘‘(iii) whether the recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran.
‘‘(3) AGENCY REPORTS.—Not later than 5 years after the date of enactment of this section, and annually thereafter, the head of each Federal agency shall make publicly available a report on the number of pieces of repairable surplus computer or technology equipment that were sent to recycling, abandoned, or destroyed.
‘‘(d) REGULATIONS.—The Administrator shall issue regulations that are necessary and appropriate to implement this section, including— ‘‘(1) allowing nonprofit computer refurbishers to assess nominal fees (which shall not exceed fair market value) on recipients of refurbished surplus computer or technology equip- ment to facilitate shipping and handling of the surplus com- puter or technology equipment; ‘‘(2) determining, in coordination with other relevant Fed- eral agencies, eligibility and certification requirements for non- governmental entities and nonprofit computer refurbishers to participate in the program established under this section, including whether the participation of a nongovernmental entity or nonprofit computer refurbisher poses any actual or potential harm to the national security interests of the United States; H. R. 2617—1068 ‘‘(3) establishing an efficient process for identifying eligible recipients; and ‘‘(4) determining appropriate recyclers to dispose of surplus computer or technology equipment if it cannot be repaired or refurbished under this section.
‘‘(e) JUDICIAL REVIEW.—Nothing in this section shall be con- strued to create any substantive or procedural right or benefit enforceable by law by a party against the United States, its agen- cies, its officers, or its employees.

‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section may be construed to supersede the requirements of the Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96–480; 15 U.S.C.

3701 et seq.).
3701 et seq.).

‘‘(g) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of General Services.

‘‘(2) DIGITAL DIVIDE.—The term ‘digital divide’ means the gap between those who have an internet-connected computer and the skills to use the computer and those who do not.

‘‘(3) DISABILITY.—The term ‘disability’ has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.

12102).
‘‘(4) EDUCATIONAL INSTITUTION.—The term ‘educational institution’ means— ‘‘(A) any public or private child care center, preschool, elementary school, secondary school, accredited institution of vocational or professional education, or institution of higher education; ‘‘(B) in the case of an accredited institution of voca- tional or professional education or an institution of higher education composed of more than 1 school, college, or department that is administratively a separate unit, each such school, college, or department; and ‘‘(C) a home school (whether treated as a home school or private school for the purposes of applicable State law).
‘‘(5) ELIGIBLE RECIPIENT.—The term ‘eligible recipient’ means an educational institution, individual with a disability, low-income individual, student, senior in need, or veteran that is residing or based in the United States.

‘‘(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu- tion of higher education’ has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C.

1001).
1001).

‘‘(7) LOW-INCOME INDIVIDUAL.—The term ‘low-income indi- vidual’ has the meaning given that term in section 351 of the Small Business Investment Act of 1958 (15 U.S.C.

689).
‘‘(8) NONGOVERNMENTAL ENTITY.—The term ‘nongovern- mental entity’ means an organization or group of organizations that— ‘‘(A) are not part of a Federal, State, local, Tribal, or territorial government; and ‘‘(B) are nonprofit computer refurbishers or other industry participants that— ‘‘(i) primarily work to improve access to informa- tion and communication technology in their mission to bridge the digital divide through coordination and oversight of computer refurbishment and repair; and H. R. 2617—1069 ‘‘(ii) operate in the United States.
‘‘(9) NONPROFIT COMPUTER REFURBISHER.—The term ‘non- profit computer refurbisher’ means a nonprofit organization that— ‘‘(A) primarily works to improve access to information and communication technology in their mission to bridge the digital divide; and ‘‘(B) operates in the United States.
‘‘(10) NONPROFIT ORGANIZATION.—The term ‘nonprofit organization’ means an organization that is described under section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.

‘‘(11) REPAIRABLE.—The term ‘repairable’ means property that is unusable in its current state but can be economically repaired.
‘‘(12) SECONDARY SCHOOL.—The term ‘secondary school’ has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

7801).

‘‘(13) SENIOR.—The term ‘senior’ means an individual who is 65 years of age or older.
‘‘(14) SENIOR IN NEED.—The term ‘senior in need’ means a senior who experiences cultural, social, or geographical isola- tion that— ‘‘(A) restricts the ability of the senior to perform normal daily tasks; or ‘‘(B) threatens the capacity of the senior to live independently.

‘‘(15) STATE AGENCY FOR SURPLUS PROPERTY.—The term ‘State agency for surplus property’ has the meaning given the term ‘state agency’ under section 549(a).
‘‘(16) STUDENT.—The term ‘student’ means any individual enrolled in an educational institution, but not a public or pri- vate child care center.

‘‘(17) SURPLUS COMPUTER OR TECHNOLOGY EQUIPMENT.— The term ‘surplus computer or technology equipment’ means computer or technology equipment that is property described under section 549(b)(2).
‘‘(18) TECHNOLOGY EQUIPMENT.—The term ‘technology equipment’ means any physical asset related to a computer or information technology, including any peripheral component, tablet, communication device (such as a router, server, or cell phone), printer, scanner, uninterruptible power source, cable, or connection.

‘‘(19) VETERAN.—The term ‘veteran’ has the meaning given that term in section 101 of title 38.’’.
(b) CONFORMING AMENDMENT.—The table of sections for chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 549 the following: ‘‘549a.

Donation of personal property through nonprofit refurbishers.’’.

H. R. 2617—1070 DIVISION AA—FINANCIAL SERVICES MATTERS TITLE I—REGISTRATION FOR INDEX- LINKED ANNUITIES SEC.

101.

PARITY FOR REGISTERED INDEX-LINKED ANNUITIES REGARDING REGISTRATION RULES.
(a) DEFINITIONS.—In this section: (1) COMMISSION.—The term ‘‘Commission’’ means the Secu- rities and Exchange Commission.

(2) INVESTMENT COMPANY.—The term ‘‘investment com- pany’’ has the meaning given the term in section 3 of the Investment Company Act of 1940 (15 U.S.C.

80a–3).
80a–3).

(3) MARKET VALUE ADJUSTMENT.—The term ‘‘market value adjustment’’ means, with respect to a registered index-linked annuity, after an early withdrawal or contract discontinuance— (A) an adjustment to the value of that annuity based on calculations using a predetermined formula; or (B) a change in interest rates (or other factor, as deter- mined by the Commission) that apply to that annuity.

(4) PURCHASER.—The term ‘‘purchaser’’ means a purchaser of a registered index-linked annuity.
(5) REGISTERED INDEX-LINKED ANNUITY.—The term ‘‘reg- istered index-linked annuity’’ means an annuity— (A) that is deemed to be a security; (B) that is registered with the Commission in accord- ance with section 5 of the Securities Act of 1933 (15 U.S.C.
77e); (C) that is issued by an insurance company that is subject to the supervision of— (i) the insurance commissioner or bank commis- sioner of any State; or (ii) any agency or officer performing like functions as a commissioner described in clause (i); (D) that is not issued by an investment company; and (E) the returns of which— (i) are based on the performance of a specified benchmark index or rate (or a registered exchange traded fund that seeks to track the performance of a specified benchmark index or rate); and (ii) may be subject to a market value adjustment if amounts are withdrawn before the end of the period during which that market value adjustment applies.
(6) SECURITY.—The term ‘‘security’’ has the meaning given the term in section 2(a) of the Securities Act of 1933 (15 U.S.C.

77b(a)).
(b) RULES.— (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Commission shall propose, and, not later than 18 months after the date of enactment of this Act, the Commission shall prepare and finalize, new or amended rules, as appropriate, to establish a new form in accordance with paragraph (2) on which an issuer of a registered index- linked annuity may register that registered index-linked H. R. 2617—1071 annuity, subject to conditions the Commission determines appropriate, which may include requiring the issuer to take the steps described in section 240.12h–7(e) of title 17, Code of Federal Regulations, or any successor regulation, with respect to the registered index-linked annuity.
(2) DESIGN OF FORM.—In developing the form required to be established under paragraph (1), the Commission shall— (A) design the form to ensure that a purchaser using the form receives the information necessary to make knowledgeable decisions, taking into account— (i) the availability of information; (ii) the knowledge and sophistication of that class of purchasers; (iii) the complexity of the registered index-linked annuity; and (iv) any other factor the Commission determines appropriate; (B) engage in investor testing; and (C) incorporate the results of the testing required under subparagraph (B) in the design of the form, with the goal of ensuring that key information is conveyed in terms that a purchaser is able to understand.
(c) TREATMENT IF RULES NOT PREPARED AND FINALIZED IN A TIMELY MANNER.— (1) IN GENERAL.—If, as of the date that is 18 months after the date of enactment of this Act, the Commission has failed to prepare and finalize the rules required under sub- section (b)(1), any registered index-linked annuity may be reg- istered on the form described in section 239.17b of title 17, Code of Federal Regulations, or any successor regulation.
(2) PREPARATION.—A registration described in paragraph (1) shall be prepared pursuant to applicable provisions of the form described in that paragraph.

(3) TERMINATION.—This subsection shall terminate upon the establishment by the Commission of the form described in subsection (b).
(d) RULES OF CONSTRUCTION.—Nothing in this section may be construed to— (1) limit the authority of the Commission to— (A) determine the information to be requested in the form described in subsection (b); or (B) extend the eligibility for the form described in subsection (b) to a product that is similar to, but is not, a registered index-linked annuity; or (2) preempt any State law, regulation, rule, or order.

TITLE II—MASIH ALINEJAD HUNT ACT OF 2022 SEC.

201.

SHORT TITLE.
201.

SHORT TITLE.

This title may be cited as the ‘‘Masih Alinejad Harassment and Unlawful Targeting Act of 2022’’ or the ‘‘Masih Alinejad HUNT Act of 2022’’.

H. R. 2617—1072 SEC.

202.

FINDINGS.
Congress finds that the Government of the Islamic Republic of Iran surveils, harasses, terrorizes, tortures, abducts, and murders individuals who peacefully defend human rights and freedoms in Iran, and innocent entities and individuals considered by the Government of Iran to be enemies of that regime, including United States citizens on United States soil, and takes foreign nationals hostage, including in the following instances: (1) In 2021, Iranian intelligence agents were indicted for plotting to kidnap United States citizen, women’s rights activist, and journalist Masih Alinejad, from her home in New York City, in retaliation for exercising her rights under the First Amendment to the Constitution of the United States.
Iranian agents allegedly spent at least approximately half a million dollars to capture the outspoken critic of the authoritarianism of the Government of Iran, and studied evacuating her by military-style speedboats to Venezuela before rendition to Iran.

(2) Prior to the New York kidnapping plot, Ms. Alinejad’s family in Iran was instructed by authorities to lure Ms. Alinejad to Turkey.
In an attempt to intimidate her into silence, the Government of Iran arrested 3 of Ms. Alinejad’s family members in 2019, and sentenced her brother to 8 years in prison for refusing to denounce her.

(3) According to Federal prosecutors, the same Iranian intelligence network that allegedly plotted to kidnap Ms. Alinejad is also targeting critics of the Government of Iran who live in Canada, the United Kingdom, and the United Arab Emirates.
(4) In 2021, an Iranian diplomat was convicted in Belgium of attempting to carry out a 2018 bombing of a dissident rally in France.

(5) In 2021, a Danish high court found a Norwegian citizen of Iranian descent guilty of illegal espionage and complicity in a failed plot to kill an Iranian Arab dissident figure in Denmark.
(6) In 2021, the British Broadcasting Corporation (BBC) appealed to the United Nations to protect BBC Persian employees in London who suffer regular harassment and threats of kidnapping by Iranian government agents.

(7) In 2021, 15 militants allegedly working on behalf of the Government of Iran were arrested in Ethiopia for plotting to attack citizens of Israel, the United States, and the United Arab Emirates, according to United States officials.
(8) In 2020, Iranian agents allegedly kidnapped United States resident and Iranian-German journalist Jamshid Sharmahd, while he was traveling to India through Dubai.

Iranian authorities announced they had seized Mr. Sharmahd in ‘‘a complex operation’’, and paraded him blindfolded on state television.

Mr. Sharmahd is arbitrarily detained in Iran, alleg- edly facing the death penalty.

In 2009, Mr. Sharmahd was the target of an alleged Iran-directed assassination plot in Glendora, California.
(9) In 2020, the Government of Turkey released counterter- rorism files exposing how Iranian authorities allegedly collabo- rated with drug gangs to kidnap Habib Chabi, an Iranian- Swedish activist for Iran’s Arab minority.

In 2020, the Govern- ment of Iran allegedly lured Mr. Chabi to Istanbul through H. R. 2617—1073 a female agent posing as a potential lover.

Mr. Chabi was then allegedly kidnapped from Istanbul, and smuggled into Iran where he faces execution, following a sham trial.
(10) In 2020, a United States-Iranian citizen and an Iranian resident of California pleaded guilty to charges of acting as illegal agents of the Government of Iran by surveilling Jewish student facilities, including the Hillel Center and Rohr Chabad Center at the University of Chicago, in addition to surveilling and collecting identifying information about United States citi- zens and nationals who are critical of the Iranian regime.
(11) In 2019, 2 Iranian intelligence officers at the Iranian consulate in Turkey allegedly orchestrated the assassination of Iranian dissident journalist Masoud Molavi Vardanjani, who was shot while walking with a friend in Istanbul.

Unbeknownst to Mr. Molavi, his ‘‘friend’’ was in fact an undercover Iranian agent and the leader of the killing squad, according to a Turkish police report.
(12) In 2019, around 1,500 people were allegedly killed amid a less than 2 week crackdown by security forces on anti-government protests across Iran, including at least an alleged 23 children and 400 women.

(13) In 2019, Iranian operatives allegedly lured Paris-based Iranian journalist Ruhollah Zam to Iraq, where he was abducted, and hanged in Iran for sedition.
(14) In 2019, a Kurdistan regional court convicted an Ira- nian female for trying to lure Voice of America reporter Ali Javanmardi to a hotel room in Irbil, as part of a foiled Iranian intelligence plot to kidnap and extradite Mr. Javanmardi, a critic of the Government of Iran.
(15) In 2019, Federal Bureau of Investigation agents visited the rural Connecticut home of Iran-born United States author and poet Roya Hakakian to warn her that she was the target of an assassination plot orchestrated by the Government of Iran.
(16) In 2019, the Government of the Netherlands accused the Government of Iran of directing the assassination of Iranian Arab activist Ahmad Mola Nissi, in The Hague, and the assas- sination of another opposition figure, Reza Kolahi Samadi, who was murdered near Amsterdam in 2015.

(17) In 2018, German security forces searched for 10 alleged spies who were working for Iran’s al-Quds Force to collect information on targets related to the local Jewish community, including kindergartens.
(18) In 2017, Germany convicted a Pakistani man for working as an Iranian agent to spy on targets including a former German lawmaker and a French-Israeli economics pro- fessor.

(19) In 2012, an Iranian American pleaded guilty to con- spiring with members of the Iranian military to bomb a popular Washington, DC, restaurant with the aim of assassinating the ambassador of Saudi Arabia to the United States.
(20) In 1996, agents of the Government of Iran allegedly assassinated 5 Iranian dissident exiles across Turkey, Pakistan, and Baghdad, over a 5-month period that year.
(21) In 1992, the Foreign and Commonwealth Office of the United Kingdom expelled 2 Iranians employed at the Ira- nian Embassy in London and a third Iranian on a student H. R. 2617—1074 visa amid allegations they were plotting to kill Indian-born British American novelist Salman Rushdie, pursuant to the fatwa issued by then supreme leader of Iran, Ayatollah Ruhollah Khomeini.

(22) In 1992, 4 Iranian Kurdish dissidents were assas- sinated at a restaurant in Berlin, Germany, allegedly by Iranian agents.
(23) In 1992, singer, actor, poet, and gay Iranian dissident Fereydoun Farrokhzad was found dead with multiple stab wounds in his apartment in Germany.

His death is allegedly the work of Iran-directed agents.

(24) In 1980, Ali Akbar Tabatabaei, a leading critic of Iran and then president of the Iran Freedom Foundation, was murdered in front of his Bethesda, Maryland, home by an assassin disguised as a postal courier.
The Federal Bureau of Investigation had identified the ‘‘mailman’’ as Dawud Salahuddin, born David Theodore Belfield.

Mr. Salahuddin was working as a security guard at an Iranian interest office in Washington, DC, when he claims he accepted the assignment and payment of $5,000 from the Government of Iran to kill Mr. Tabatabaei.
(25) Other exiled Iranian dissidents alleged to have been victims of the Government of Iran’s murderous extraterritorial campaign include Shahriar Shafiq, Shapour Bakhtiar, and Gholam Ali Oveissi.

(26) Iranian Americans face an ongoing campaign of intimi- dation both in the virtual and physical world by agents and affiliates of the Government of Iran, which aims to stifle freedom of expression and eliminate the threat Iranian authori- ties believe democracy, justice, and gender equality pose to their rule.
SEC.

203.

DEFINITIONS.

In this title: (1) ADMISSION; ADMITTED; ALIEN.—The terms ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C.

1101).
1101).

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Com- mittee on the Judiciary, and the Select Committee on Intel- ligence of the Senate; and (B) the Committee on Financial Services, the Com- mittee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives.
CORRESPONDENT (3) PAYABLE-THROUGH ACCOUNT.—The terms ‘‘correspondent account’’ and ‘‘payable- through account’’ have the meanings given those terms in sec- tion 5318A of title 31, United States Code.

ACCOUNT; (4) FOREIGN FINANCIAL INSTITUTION.—The term ‘‘foreign financial institution’’ has the meaning of that term as deter- mined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.

8513(i)).
8513(i)).

H. R. 2617—1075 (5) FOREIGN PERSON.—The term ‘‘foreign person’’ means any individual or entity that is not a United States person.

(6) UNITED STATES PERSON.—The term ‘‘United States per- son’’ means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

SEC.

204.
SEC.

204.

REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT IN ABUSES TOWARD DISSIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.
(a) REPORT REQUIRED.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consulta- tion with the Secretary of the Treasury, the Director of National Intelligence, and the Attorney General, shall submit to the appropriate congressional committees a report that— (A) includes a detailed description and assessment of— (i) the state of human rights and the rule of law inside Iran, including the treatment of marginalized individuals and communities in Iran; (ii) actions taken by the Government of Iran during the year preceding submission of the report to target and silence dissidents both inside and outside of Iran who advocate for human rights inside Iran; (iii) the methods used by the Government of Iran to target and silence dissidents both inside and outside of Iran; and (iv) the means through which the Government of Iran finances efforts to target and silence dissidents both inside and outside of Iran and the amount of that financing; (B) identifies foreign persons working as part of the Government of Iran or acting on behalf of that Government or its proxies that are involved in harassment and surveil- lance and that the Secretary of State may also, as appro- priate, determine, in consultation with the Secretary of the Treasury, are knowingly responsible for, complicit in, or involved in ordering, conspiring, planning, or imple- menting the surveillance, harassment, kidnapping, illegal extradition, imprisonment, torture, killing, or assassina- tion, on or after the date of the enactment of this Act, of citizens of Iran (including citizens of Iran of dual nation- ality) or citizens of the United States, inside or outside Iran, who seek— (i) to expose illegal or corrupt activity carried out by officials of the Government of Iran; or (ii) to obtain, exercise, defend, or promote the human rights of individuals, including members of marginalized communities, in Iran; and (C) includes, for each foreign person identified under subparagraph (B), a clear explanation for why the foreign person was so identified.
H. R. 2617—1076 (2) UPDATES OF REPORT.—The report required by paragraph (1) shall be updated, and the updated version submitted to the appropriate congressional committees, during the 10-year period following the date of the enactment of this Act— (A) not less frequently than annually; and (B) with respect to matters relating to the identification of foreign persons under paragraph (1)(B), on an ongoing basis as appropriate.
(3) FORM OF REPORT.— (A) IN GENERAL.—Each report required by paragraph (1) and each update required by paragraph (2) shall be submitted in unclassified form but may include a classified annex.

(B) PUBLIC AVAILABILITY.—The Secretary of State shall post the unclassified portion of each report required by paragraph (1) and each update required by paragraph (2) on a publicly available internet website of the Department of State.
(b) IMPOSITION OF SANCTIONS.—In the case of a foreign person identified under paragraph (1)(B) of subsection (a) in the most recent report or update submitted under that subsection, the Presi- dent shall impose the sanctions described in subsection (c), pursuant to this section or an appropriate Executive authority.
(c) SANCTIONS DESCRIBED.—The sanctions described in this sub- section are the following: (1) BLOCKING OF PROPERTY.—The President shall exercise all powers granted to the President by the International Emer- gency Economic Powers Act (50 U.S.C.

1701 et seq.)
1701 et seq.)

to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person described in subsection (a)(1)(B) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(2) INADMISSIBILITY OF CERTAIN INDIVIDUALS .— (A) INELIGIBILITY FOR VISAS AND ADMISSION TO THE UNITED STATES.—In the case of a foreign person described in subsection (a)(1)(B) who is an individual, the individual is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documenta- tion to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).

(B) CURRENT VISAS REVOKED.— (i) IN GENERAL.—The visa or other entry docu- mentation of an individual described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation is or was issued.

(ii) IMMEDIATE EFFECT.—A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the individual’s possession.

H. R. 2617—1077 SEC.

205.


REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS CONDUCTING SIGNIFICANT TRANSACTIONS WITH PERSONS RESPON- SIBLE FOR OR COMPLICIT IN ABUSES TOWARD DIS- SIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.
(a) REPORT REQUIRED.—Not earlier than 30 days and not later than 60 days after the Secretary of State submits to the appropriate congressional committees a report required by section 204(a), the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that identifies any foreign financial institution that know- ingly conducts a significant transaction with a foreign person identi- fied in the report submitted under section 204(a) on or after the date on which the foreign person is identified in that report.
(b) IMPOSITION OF SANCTIONS.—The Secretary of the Treasury may prohibit the opening, or prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution identified under subsection (a).

SEC.

206.

EXCEPTIONS; WAIVERS; IMPLEMENTATION.


(a) EXCEPTIONS.— (1) EXCEPTION FOR INTELLIGENCE, LAW ENFORCEMENT, AND NATIONAL SECURITY ACTIVITIES.—Sanctions under sections 204 and 205 shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.
(2) EXCEPTION TO COMPLY WITH UNITED NATIONS HEAD- QUARTERS AGREEMENT.—Sanctions under section 204(c)(2) shall not apply with respect to the admission of an individual to the United States if the admission of the individual is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations.
(b) NATIONAL INTERESTS WAIVER.—The President may waive the application of sanctions under section 204 with respect to a person if the President— (1) determines that the waiver is in the national interests of the United States; and (2) submits to the appropriate congressional committees a report on the waiver and the reasons for the waiver.
(c) IMPLEMENTATION; PENALTIES.— (1) IMPLEMENTATION.—The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C.

1702 and 1704) to carry out this title.


(2) PENALTIES.—A person that violates, attempts to violate, conspires to violate, or causes a violation of section 204(c)(1) or 205(b) or any regulation, license, or order issued to carry out either such section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the Inter- national Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

H. R. 2617—1078 SEC.

207.

EXCEPTION RELATING TO IMPORTATION OF GOODS.

(a) IN GENERAL.—Notwithstanding any other provision of this title, the authorities and requirements to impose sanctions under this title shall not include the authority or a requirement to impose sanctions on the importation of goods.
(b) GOOD DEFINED.—In this section, the term ‘‘good’’ means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

TITLE III—TRADING PROHIBITIONS SEC.

301.

TRADING PROHIBITION FOR 2 CONSECUTIVE NON-INSPEC- TION YEARS.

Section 104(i) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7214(i)) is amended— (1) in paragraph (2)(A)(ii), by striking ‘‘the foreign jurisdic- tion described in clause (i)’’ and inserting ‘‘a foreign jurisdic- tion’’; and (2) in paragraph (3)— (A) in the paragraph heading, by striking ‘‘3’’ and inserting ‘‘2’’; and (B) in subparagraph (A), in the matter preceding clause (i), by striking ‘‘3’’ and inserting ‘‘2’’.

TITLE IV—ANTI-MONEY LAUNDERING WHISTLEBLOWER IMPROVEMENT SEC.

401.

WHISTLEBLOWER INCENTIVES AND PROTECTIONS.
(a) IN GENERAL.—Section 5323 of title 31, United States Code, as amended by section 6314 of the Anti-Money Laundering Act of 2020 (division F of Public Law 116–283) is amended by striking subsection (b) and inserting the following: ‘‘(b) AWARDS.— ‘‘(1) IN GENERAL.—In any covered judicial or administrative action, or related action, the Secretary, under regulations pre- scribed by the Secretary, in consultation with the Attorney General and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information to the employer of the individual, the Secretary, or the Attorney General, as applicable, that led to the successful enforcement of the covered judicial or adminis- trative action, or related action, in an aggregate amount equal to— ‘‘(A) not less than 10 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions; and ‘‘(B) not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions.
‘‘(2) PAYMENT OF AWARDS.— ‘‘(A) IN GENERAL.—Any amount paid under paragraph (1) shall be paid from the Fund established under para- graph (3).

H. R. 2617—1079 ‘‘(B) RELATED ACTIONS.—The Secretary may pay awards less than the amount described in paragraph (1)(A) for related actions in which a whistleblower may be paid by another whistleblower award program.
‘‘(3) SOURCE OF AWARDS.— ‘‘(A) IN GENERAL.—There shall be established in the Treasury of the United States a revolving fund to be known as the Financial Integrity Fund (referred to in this sub- section as the ‘Fund’).

‘‘(B) USE OF FUND.—The Fund shall be available to the Secretary, without further appropriation or fiscal year limitations, only for the payment of awards to whistle- blowers as provided in subsection (b).
‘‘(C) RESTRICTIONS ON USE OF FUND.—The Fund shall not be available to pay any personnel or administrative expenses.

‘‘(4) DEPOSITS AND CREDITS.— ‘‘(A) IN GENERAL.—There shall be deposited into or credited to the Fund an amount equal to— ‘‘(i) any monetary sanction collected by the Sec- retary or Attorney General in any judicial or adminis- trative action under this title, chapter 35 or section 4305 or 4312 of title 50, or the Foreign Narcotics Kingpin Designation Act (21 U.S.C.

1901 et seq.
1901 et seq.

), unless the balance of the Fund at the time the mone- tary sanction is collected exceeds $300,000,000; and ‘‘(ii) all income from investments made under para- graph (5).
‘‘(B) ADDITIONAL AMOUNTS.—If the amounts deposited into or credited to the Fund under subparagraph (A) are not sufficient to satisfy an award made under this sub- section, there shall be deposited into or credited to the Fund an amount equal to the unsatisfied portion of the award from any monetary sanction collected by the Sec- retary of the Treasury or Attorney General in the covered judicial or administrative action on which the award is based.
‘‘(C) EXCEPTION.—No amounts to be deposited or trans- ferred into the United States Victims of State Sponsored Terrorism Fund pursuant to the Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C.

20144) or the Crime Victims Fund pursuant section 1402 of the Victims of Crime Act of 1984 (34 U.S.C.

20101) shall be deposited into or credited to the Fund.
‘‘(5) INVESTMENTS.— ‘‘(A) AMOUNTS IN FUND MAY BE INVESTED.—The Sec- retary of the Treasury may invest the portion of the Fund that is not required to meet the current needs of the Fund.

‘‘(B) ELIGIBLE INVESTMENTS.—Investments shall be made by the Secretary of the Treasury in obligations of the United States or obligations that are guaranteed as to principal and interest by the United States, with matu- rities suitable to the needs of the Fund as determined by the Secretary.
‘‘(C) INTEREST AND PROCEEDS CREDITED.—The interest on, and the proceeds from the sale or redemption of, any H. R. 2617—1080 obligations held in the Fund shall be credited to, and form a part of, the Fund.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 5323 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in paragraphs (1) and (5), by striking ‘‘this sub- chapter or subchapter III’’ each place the term appears and inserting ‘‘this subchapter, chapter 35 or section 4305 or 4312 of title 50, the Foreign Narcotics Kingpin Designa- tion Act (21 U.S.C.

1901 et seq.

), or .
), and for conspiracies to violate the aforementioned provisions’’; and (B) in paragraph (4)— (i) by inserting ‘‘covered’’ after ‘‘respect to any’’; (ii) by striking ‘‘under this subchapter or sub- chapter III’’; and (iii) by striking ‘‘action by the Secretary or the Attorney General’’ and inserting ‘‘covered action’’; (2) in subsection (c)(1)(B)(iii)— (A) by striking ‘‘subchapter and subchapter III’’ and inserting ‘‘this subchapter, chapter 35 or section 4305 or 4312 of title 50, and the Foreign Narcotics Kingpin Des- ignation Act (21 U.S.C.
1901 et seq.

)’’; and (B) by striking ‘‘either such subchapter’’ and inserting ‘‘the covered judicial or administrative action’’; and (3) in subsection (g)(4)(D)(i), by inserting ‘‘chapter 35 or section 4305 or 4312 of title 50, or the Foreign Narcotics Kingpin Designation Act (21 U.S.C.

1901 et seq.

),’’ after ‘‘sub- chapter,’’.

TITLE V—SMALL BUSINESS MERGERS, ACQUISITIONS, SALES, AND BROKER- AGE SIMPLIFICATION SEC.

501.

REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.
(a) IN GENERAL.—Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C.

78o(b)) is amended by adding at the end the following: ‘‘(13) REGISTRATION EXEMPTION FOR MERGER AND ACQUISI- TION BROKERS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), an M&A broker shall be exempt from registration under this section.
‘‘(B) EXCLUDED ACTIVITIES.—An M&A broker is not exempt from registration under this paragraph if such broker does any of the following: ‘‘(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held com- pany, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction.
‘‘(ii) Engages on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be registered, with the Commission under section 12 or with respect to which the issuer H. R. 2617—1081 files, or is required to file, periodic information, docu- ments, and reports under subsection (d).

‘‘(iii) Engages on behalf of any party in a trans- action involving a shell company, other than a business combination related shell company.
‘‘(iv) Directly, or indirectly through any of its affili- ates, provides financing related to the transfer of ownership of an eligible privately held company.

‘‘(v) Assists any party to obtain financing from an unaffiliated third party without— ‘‘(I) complying with all other applicable laws in connection with such assistance, including, if applicable, Regulation T (12 C.F.R.

220 et seq.

); and ‘‘(II) disclosing any compensation in writing to the party.
‘‘(vi) Represents both the buyer and the seller in the same transaction without providing clear written disclosure as to the parties the broker represents and obtaining written consent from both parties to the joint representation.

‘‘(vii) Facilitates a transaction with a group of buyers formed with the assistance of the M&A broker to acquire the eligible privately held company.
‘‘(viii) Engages in a transaction involving the transfer of ownership of an eligible privately held com- pany to a passive buyer or group of passive buyers.

‘‘(ix) Binds a party to a transfer of ownership of an eligible privately held company.
‘‘(C) DISQUALIFICATION.—An M&A broker is not exempt from registration under this paragraph if such broker (and if and as applicable, including any officer, director, member, manager, partner, or employee of such broker)— ‘‘(i) has been barred from association with a broker or dealer by the Commission, any State, or any self- regulatory organization; or ‘‘(ii) is suspended from association with a broker or dealer.
‘‘(D) RULE OF CONSTRUCTION.—Nothing in this para- graph shall be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provi- sion of any rule or regulation thereunder.
‘‘(E) DEFINITIONS.—In this paragraph: ‘‘(i) BUSINESS COMBINATION RELATED SHELL COM- PANY.—The term ‘business combination related shell company’ means a shell company that is formed by an entity that is not a shell company— ‘‘(I) solely for the purpose of changing the cor- porate domicile of that entity solely within the United States; or ‘‘(II) solely for the purpose of completing a business combination transaction (as defined under section 230.165(f) of title 17, Code of Federal Regulations) among one or more entities other than the company itself, none of which is a shell company.
H. R. 2617—1082 ‘‘(ii) CONTROL.—The term ‘control’ means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise.
There is a presumption of control if, upon completion of a trans- action, the buyer or group of buyers— ‘‘(I) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ‘‘(II) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital.
‘‘(iii) ELIGIBLE PRIVATELY HELD COMPANY.—The term ‘eligible privately held company’ means a pri- vately held company that meets both of the following conditions: ‘‘(I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to information, documents, and reports under subsection (d).
file, periodic ‘‘(II) In the fiscal year ending immediately before the fiscal year in which the services of the M&A broker are initially engaged with respect to the securities transaction, the company meets either or both of the following conditions (deter- mined in accordance with the historical financial accounting records of the company): ‘‘(aa) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000.
‘‘(bb) The gross revenues of the company are less than $250,000,000.

For purposes of this subclause, the Commission may by rule modify the dollar figures if the Commission determines that such a modification is necessary or appropriate in the public interest or for the protection of investors.
‘‘(iv) M&A BROKER.—The term ‘M&A broker’ means a broker, and any person associated with a broker, engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible privately held company, if the broker reason- ably believes that— ‘‘(I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in con- cert— H. R. 2617—1083 ‘‘(aa) will control the eligible privately held company or the business conducted with the assets of the eligible privately held company; and ‘‘(bb) directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held com- for pany, example, by— including without limitation, ‘‘(AA) electing executive officers; ‘‘(BB) approving the annual budget; ‘‘(CC) serving as an executive or other executive manager; or ‘‘(DD) carrying out such other activi- ties as the Commission may, by rule, determine to be in the public interest; and ‘‘(II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consummate the
 transaction, receive or have reasonable access to the most recent fiscal year-end financial state- ments of the issuer of the securities as customarily prepared by the management of the issuer in the normal course of operations and, if the financial statements of the issuer are audited, reviewed, or compiled, any related statement by the inde- pendent accountant, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of operations for the period cov- ered by the foregoing financial statements, and material loss contingencies of the issuer.
‘‘(v) SHELL COMPANY.—The term ‘shell company’ means a company that at the time of a transaction with an eligible privately held company— ‘‘(I) has no or nominal operations; and ‘‘(II) has— ‘‘(aa) no or nominal assets; ‘‘(bb) assets consisting solely of cash and cash equivalents; or ‘‘(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets.
‘‘(F) INFLATION ADJUSTMENT.— ‘‘(i) IN GENERAL.—On the date that is 5 years after the date of the enactment of this paragraph, and every 5 years thereafter, each dollar amount in subparagraph (E)(iii)(II) shall be adjusted by— ‘‘(I) dividing the annual value of the Employ- ment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as pub- lished by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value H. R. 2617—1084 of such index (or successor) for the calendar year ending December 31, 2020; and ‘‘(II) multiplying such dollar amount by the quotient obtained under subclause (I).
‘‘(ii) ROUNDING.—Each dollar amount determined under clause (i) shall be rounded to the nearest mul- tiple of $100,000.’’.

(b) EFFECTIVE DATE.—This section and any amendment made by this section shall take effect on the date that is 90 days after the date of enactment of this Act.

TITLE VI—PUBLIC AND FEDERALLY ASSISTED HOUSING FIRE SAFETY SEC.

601.

SMOKE ALARMS IN FEDERALLY ASSISTED HOUSING.


(a) PUBLIC HOUSING, TENANT-BASED ASSISTANCE, AND PROJECT- BASED ASSISTANCE.—The United States Housing Act of 1937 (42 U.S.C.

1437 et seq.)

is amended— (1) in section 3(a) (42 U.S.C.
1437a(a)), by adding at the end the following: ‘‘(9) QUALIFYING SMOKE ALARMS.— ‘‘(A) IN GENERAL.—Each public housing agency shall ensure that a qualifying smoke alarm is installed in accord- ance with applicable codes and standards published by the International Code Council or the National Fire Protec- tion Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in any dwelling unit in public housing owned or operated by the public housing agency, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
‘‘(B) DEFINITIONS.—For purposes of this paragraph, the following definitions shall apply: ‘‘(i) SMOKE ALARM DEFINED.—The term ‘smoke alarm’ has the meaning given the term ‘smoke detector’ in section 29(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2225(d)).
‘‘(ii) QUALIFYING SMOKE ALARM DEFINED.—The term ‘qualifying smoke alarm’ means a smoke alarm that— ‘‘(I) in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enact- ment of this paragraph— ‘‘(aa)(AA) is hardwired; or ‘‘(BB) uses 10-year non rechargeable, non- replaceable primary batteries and is sealed, is tamper resistant, and contains silencing means; and ‘‘(bb) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or H. R. 2617—1085 ‘‘(II) in the case of a dwelling unit built or substantially rehabilitated after the date of enact- ment of this paragraph, is hardwired.’’; and (2) in section 8 (42 U.S.C.
1437f)— (A) by inserting after subsection (k) the following: ‘‘(l) QUALIFYING SMOKE ALARMS.— ‘‘(1) IN GENERAL.—Each owner of a dwelling unit receiving project-based assistance under this section shall ensure that qualifying smoke alarms are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
‘‘(2) DEFINITIONS.—For purposes of this subsection, the fol- lowing definitions shall apply: ‘‘(A) SMOKE ALARM DEFINED.—The term ‘smoke alarm’ has the meaning given the term ‘smoke detector’ in section 29(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2225(d)).
‘‘(B) QUALIFYING SMOKE ALARM DEFINED.—The term ‘qualifying smoke alarm’ means a smoke alarm that— ‘‘(i) in the case of a dwelling unit built before the date of enactment of this subsection and not substantially rehabilitated after the date of enactment of this subsection— ‘‘(I)(aa) is hardwired; or ‘‘(bb) uses 10-year non rechargeable, non- replaceable primary batteries and— ‘‘(AA) is sealed; ‘‘(BB) is tamper resistant; and ‘‘(CC) contains silencing means; and ‘‘(II) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any suc- cessor standard; or ‘‘(ii) in the case of a dwelling unit built or substan- tially rehabilitated after the date of enactment of this paragraph, is hardwired.’’; and (B) in subsection (o), by adding at the end the following: ‘‘(22) QUALIFYING SMOKE ALARMS.— ‘‘(A) IN GENERAL.—Each dwelling unit receiving tenant- based assistance or project-based assistance under this sub- section shall have a qualifying smoke alarm installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
H. R. 2617—1086 ‘‘(B) DEFINITIONS.—For purposes of this paragraph, the following definitions shall apply: ‘‘(i) SMOKE ALARM DEFINED.—The term ‘smoke alarm’ has the meaning given the term ‘smoke detector’ in section 29(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2225(d)).
‘‘(ii) QUALIFYING SMOKE ALARM DEFINED.—The term ‘qualifying smoke alarm’ means a smoke alarm that— ‘‘(I) in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enact- ment of this paragraph— ‘‘(aa)(AA) is hardwired; or ‘‘(BB) uses 10-year non rechargeable, non- replaceable primary batteries and is sealed, is tamper resistant, and contains silencing means; and ‘‘(bb) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or ‘‘(II) in the case of a dwelling unit built or substantially rehabilitated after the date of enact- ment of this paragraph, is hardwired.’’.
(b) SUPPORTIVE HOUSING FOR THE ELDERLY.—Section 202(j) of the Housing Act of 1959 (12 U.S.C.
1701q(j)) is amended by adding at the end the following: ‘‘(10) QUALIFYING SMOKE ALARMS.— ‘‘(A) IN GENERAL.—Each owner of a dwelling unit assisted under this section shall ensure that qualifying smoke alarms are installed in accordance with the require- ments of applicable codes and standards and the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
‘‘(B) DEFINITIONS.—For purposes of this paragraph, the following definitions shall apply: ‘‘(i) SMOKE ALARM DEFINED.—The term ‘smoke alarm’ has the meaning given the term ‘smoke detector’ in section 29(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2225(d)).
‘‘(ii) QUALIFYING SMOKE ALARM DEFINED.—The term ‘qualifying smoke alarm’ means a smoke alarm that— ‘‘(I) in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enact- ment of this paragraph— ‘‘(aa)(AA) is hardwired; or ‘‘(BB) uses 10-year non rechargeable, non- replaceable primary batteries and is sealed, is tamper resistant, and contains silencing means; and H. R. 2617—1087 ‘‘(bb) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or ‘‘(II) in the case of a dwelling unit built or substantially rehabilitated after the date of enact- ment of this paragraph, is hardwired.’’.
(c) SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES.— Section 811(j) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(j)) is amended by adding at the end the following: ‘‘(8) QUALIFYING SMOKE ALARMS.— ‘‘(A) IN GENERAL.—Each dwelling unit assisted under this section shall contain qualifying smoke alarms that are installed in accordance with applicable codes and stand- ards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in base- ments but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
‘‘(B) DEFINITIONS.—For purposes of this paragraph, the following definitions shall apply: ‘‘(i) SMOKE ALARM DEFINED.—The term ‘smoke alarm’ has the meaning given the term ‘smoke detector’ in section 29(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2225(d)).
‘‘(ii) QUALIFYING SMOKE ALARM DEFINED.—The term ‘qualifying smoke alarm’ means a smoke alarm that— ‘‘(I) in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enact- ment of this paragraph— ‘‘(aa)(AA) is hardwired; or ‘‘(BB) uses 10-year non rechargeable, non- replaceable primary batteries and is sealed, is tamper resistant, and contains silencing means; and ‘‘(bb) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or ‘‘(II) in the case of a dwelling unit built or substantially rehabilitated after the date of enact- ment of this paragraph, is hardwired.’’.
(d) HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS.—Section 856 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12905) is amended by adding at the end the following new subsection: ‘‘(j) QUALIFYING SMOKE ALARMS.— ‘‘(1) IN GENERAL.—Each dwelling unit assisted under this subtitle shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published H. R. 2617—1088 by the International Code Council or the National Fire Protec- tion Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project con- taining such a dwelling unit.
‘‘(2) DEFINITIONS.—For purposes of this subsection, the fol- lowing definitions shall apply: ‘‘(A) SMOKE ALARM DEFINED.—The term ‘smoke alarm’ has the meaning given the term ‘smoke detector’ in section 29(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2225(d)).
‘‘(B) QUALIFYING SMOKE ALARM DEFINED.—The term ‘qualifying smoke alarm’ means a smoke alarm that— ‘‘(i) in the case of a dwelling unit built before the date of enactment of this subsection and not substantially rehabilitated after the date of enactment of this subsection— ‘‘(I)(aa) is hardwired; or ‘‘(bb) uses 10-year non rechargeable, non- replaceable primary batteries and— ‘‘(AA) is sealed; ‘‘(BB) is tamper resistant; and ‘‘(CC) contains silencing means; and ‘‘(II) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any suc- cessor standard; or ‘‘(ii) in the case of a dwelling unit built or substan- tially rehabilitated after the date of enactment of this subsection, is hardwired.’’.
(e) RURAL HOUSING.—Title V of the Housing Act of 1949 (42 U.S.C.

1471 et seq.)

is amended— (1) in section 514 (42 U.S.C.
1484), by adding at the end the following: ‘‘(k) QUALIFYING SMOKE ALARMS.— ‘‘(1) IN GENERAL.—Housing and related facilities con- structed with loans under this section shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
‘‘(2) DEFINITIONS.—For purposes of this subsection, the fol- lowing definitions shall apply: ‘‘(A) SMOKE ALARM DEFINED.—The term ‘smoke alarm’ has the meaning given the term ‘smoke detector’ in section 29(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2225(d)).
‘‘(B) QUALIFYING SMOKE ALARM DEFINED.—The term ‘qualifying smoke alarm’ means a smoke alarm that— H. R. 2617—1089 ‘‘(i) in the case of a dwelling unit built before the date of enactment of this subsection and not substantially rehabilitated after the date of enactment of this subsection— ‘‘(I)(aa) is hardwired; or ‘‘(bb) uses 10-year non rechargeable, non- replaceable primary batteries and— ‘‘(AA) is sealed; ‘‘(BB) is tamper resistant; and ‘‘(CC) contains silencing means; and ‘‘(II) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any suc- cessor standard; or ‘‘(ii) in the case of a dwelling unit built or substan- tially rehabilitated after the date of enactment of this subsection, is hardwired.’’; and (2) in section 515(m) (42 U.S.C.
1485(m)), by adding at the end the following: ‘‘(3) QUALIFYING SMOKE ALARMS.— ‘‘(A) IN GENERAL.—Housing and related facilities rehabili- tated or repaired with amounts received under a loan made or insured under this section shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the require- ments of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in base- ments but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
‘‘(B) DEFINITIONS.—For purposes of this paragraph, the following definitions shall apply: ‘‘(i) SMOKE ALARM DEFINED.—The term ‘smoke alarm’ has the meaning given the term ‘smoke detector’ in section 29(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2225(d)).
‘‘(ii) QUALIFYING SMOKE ALARM DEFINED.—The term ‘qualifying smoke alarm’ means a smoke alarm that— ‘‘(I) in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enactment of this paragraph— ‘‘(aa)(AA) is hardwired; or ‘‘(BB) uses 10-year non rechargeable, non- replaceable primary batteries and is sealed, is tamper resistant, and contains silencing means; and ‘‘(bb) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any suc- cessor standard; or ‘‘(II) in the case of a dwelling unit built or substan- tially rehabilitated after the date of enactment of this paragraph, is hardwired.’’.
H. R. 2617—1090 (f) FARM LABOR HOUSING DIRECT LOANS & GRANTS.—Section 516 of the Housing Act of 1949 (42 U.S.C.
1486) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking ‘‘and’’ at the end; (B) in paragraph (3), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(4) that such housing shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the require- ments of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in base- ments but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.’’; and (2) in subsection (g)— (A) in paragraph (3) by striking ‘‘and’’ at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ‘‘(5) the term ‘smoke alarm’ has the meaning given the term ‘smoke detector’ in section 29(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2225(d)); and ‘‘(6) the term ‘qualifying smoke alarm’ means a smoke alarm that— ‘‘(A) in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enactment of this para- graph— ‘‘(i)(I) is hardwired; or ‘‘(II) uses 10-year non rechargeable, nonreplaceable primary batteries and— ‘‘(aa) is sealed; ‘‘(bb) is tamper resistant; and ‘‘(cc) contains silencing means; and ‘‘(ii) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or ‘‘(B) in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired.’’.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the amendments made by this section such sums as are necessary for each of fiscal years 2023 through 2027.

(h) EFFECTIVE DATE.—The amendments made by subsections (a) through (f) shall take effect on the date that is 2 years after the date of enactment of this Act.
(i) NO PREEMPTION.—Nothing in the amendments made by this section shall be construed to preempt or limit the applicability of any State or local law relating to the installation and mainte- nance of smoke alarms in housing that requires standards that are more stringent than the standards described in the amendments made by this section.

H. R. 2617—1091 TITLE VII—BENJAMIN BERELL FERENCZ CONGRESSIONAL GOLD MEDAL SEC.

701.

SHORT TITLE.
701.

SHORT TITLE.

This title may be cited as the ‘‘Benjamin Berell Ferencz Congressional Gold Medal Act’’.

SEC.

702.

FINDINGS.

Congress finds the following: (1) Benjamin ‘‘Ben’’ Berell Ferencz was born on March 11, 1920, in Transylvania, now modern-day Hungary.

(2) In 1920, Ben and his family fled anti-Semitic persecu- tion and emigrated to the United States.

Ben grew up in New York City, and, in 1940, was awarded a scholarship to Harvard Law School where he graduated with honors.
(3) After the onset of World War II, Ben enlisted in the United States Army in 1943, and joined an anti-aircraft artil- lery battalion preparing for the invasion of France.

As an enlisted man under General Patton, he fought in most of the major campaigns in Europe.

(4) As Nazi atrocities were uncovered, Ben was transferred to a newly created War Crimes Branch of the Army to gather evidence of war crimes that could be used in a court of law to prosecute persons responsible for these crimes.
Ben docu- mented the horrors perpetrated by Nazi Germany, visiting con- centration camps as they were liberated.

(5) At the end of 1945, Ben was honorably discharged from the United States Army with the rank of Sergeant of Infantry.

He had been awarded five battle stars.


(6) In 1946, the United States Government recruited Ben to join the team working on the Nuremberg tribunals, a novel independent court established to try top-ranking Nazi officials for crimes perpetrated during the course of the war, including those crimes we now call the Holocaust.
Mr. Ferencz was sent to Berlin to oversee a team of 50 researchers investigating official Nazi records, which provided overwhelming evidence to implicate German doctors, lawyers, judges, generals, indus- trialists, and others in genocide.

(7) By 1948, at age 27, Ben had secured enough evidence to prosecute 22 SS members of Nazi killing squads charged for the murder of over 1,000,0000 Jewish, Roma, Soviet, and other men, women, and children in shooting massacres in occu- pied Soviet territory.
He was appointed chief prosecutor in the Einsatzgruppen Trial, in what the Associated Press called ‘‘the biggest murder trial in history’’.

The court found 20 Nazi officials guilty of war crimes, crimes against humanity, and membership in a criminal organization for their roles in the murder of over a million people.

An additional two defendants were found guilty for membership in a criminal organization.
(8) After the Nuremberg trials ended, Ben fought for com- pensation for victims and survivors of the Holocaust, the return of stolen assets, and other forms of restitution for those who had suffered at the hands of the Nazis.

H. R. 2617—1092 (9) Since the 1970s, Ben has worked tirelessly to promote development of international mechanisms to outlaw and punish aggressive war and the crimes of genocide, crimes against humanity and war crimes.
His efforts contributed to the establishment of the International Criminal Court and to the recognition of aggression as an international crime.

(10) Ben is a tireless advocate for international criminal justice and the conviction that the rule of law offers the world a sustainable path to stem conflict and reach peaceful conclu- sions to geopolitical disputes.

His unwavering goal has been ‘‘to establish a legal precedent that would encourage a more humane and secure world in the future’’.
(11) Ben, at age 102, is still active, giving speeches through- out the world about lessons learned during his extraordinary career.

He is compelled by the imperative to ‘‘replace the rule of force with the rule of law’’, promoting judicial mechanisms that can resolve conflict.

He often tells young people to ‘‘never give up’’ because the fight for peace and justice is worth the long struggle ahead.

SEC.

703.

CONGRESSIONAL GOLD MEDAL.


(a) PRESENTATION AUTHORIZED.—The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Benjamin Berell Ferencz, in recognition of his service to the United States and international community during the post-World War II Nuremberg trials and lifelong advocacy for international criminal justice and rule of law.
(b) DESIGN AND STRIKING.—For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this title as the ‘‘Secretary’’) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.

The design shall bear an image of, and inscription of the name of, Benjamin Berell Ferencz.
(c) DISPOSITION OF MEDAL.—Following the award of the gold medal under subsection (a), the gold medal shall be given to Ben- jamin Berell Ferencz or, if unavailable, to his son, Donald Ferencz.

SEC.

704.

DUPLICATE MEDALS.

(a) IN GENERAL.—The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 703, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses.
(b) UNITED STATES HOLOCAUST MEMORIAL MUSEUM.— (1) IN GENERAL.—The Secretary shall provide a duplicate bronze medal described under subsection (a) to the United States Holocaust Memorial Museum.
(2) SENSE OF CONGRESS.—It is the sense of Congress that the United States Holocaust Memorial Museum should make the duplicate medal received under this subsection available for display to the public whenever the United States Holocaust Memorial Museum determines that such display is timely, fea- sible, and practical.

H. R. 2617—1093 SEC.

705.

STATUS OF MEDALS.

(a) NATIONAL MEDALS.—The medals struck pursuant to this title are national medals for purposes of chapter 51 of title 31, United States Code.
(b) NUMISMATIC ITEMS.—For purposes of section 5134 of title 31, United States Code, all medals struck under this title shall be considered to be numismatic items.

SEC.

706.

AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.

(a) AUTHORITY TO USE FUND AMOUNTS.—There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this title.
(b) PROCEEDS OF SALE.—Amounts received from the sale of duplicate bronze medals authorized under section 704 shall be deposited into the United States Mint Public Enterprise Fund.

TITLE VIII—CONGRESSIONAL OVERSIGHT COMMISSION SEC.

801.

TERMINATION OF CONGRESSIONAL OVERSIGHT COMMIS- SION.

Section 4020(f) of the CARES Act (15 U.S.C.

9055(f)) is amended by striking ‘‘September 30, 2025’’ and inserting ‘‘June 30, 2023’’.

TITLE IX—FLOOD INSURANCE SEC.

901.


REAUTHORIZATION OF NATIONAL FLOOD INSURANCE PRO- GRAM.

(a) FINANCING.—Section 1309(a) of the National Flood Insur- ance Act of 1968 (42 U.S.C.

4016(a)) is amended by striking ‘‘Sep- tember 30, 2022’’ and inserting ‘‘September 30, 2023’’.

(b) PROGRAM EXPIRATION.—Section 1319 of the National Flood Insurance Act of 1968 (42 U.S.C.

4026) is amended by striking ‘‘September 30, 2022’’ and inserting ‘‘September 30, 2023’’.
(c) RETROACTIVE EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall take effect as if enacted on September 30, 2022.

DIVISION BB—CONSUMER PROTECTION AND COMMERCE TITLE I—MANUFACTURING.GOV SEC.

101.

MANUFACTURING.GOV HUB.

(a) DEFINITION.—In this section, the term ‘‘Secretary’’ means the Secretary of Commerce.
(b) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Chief Information Officer of the Department of Commerce, shall modify the manufacturing.gov website by establishing a section of the website to be known as the ‘‘manufacturing.gov hub’’.
H. R. 2617—1094 (c) FUNCTIONS.—The manufacturing.gov hub established under subsection (b) shall— (1) serve as the primary hub for information relating to every Federal manufacturing program, including the programs identified in the report of the Government Accountability Office entitled ‘‘U.S.
Manufacturing’’ (GAO 17–240), published on March 28, 2017; (2) provide the contact information of relevant program offices carrying out the Federal manufacturing programs described in paragraph (1); (3) provide an avenue for public input and feedback relating to— (A) the functionality of the website of the Department of Commerce; (B) the Federal manufacturing programs described in paragraph (1); and (C) any other manufacturing-related challenges experi- enced by manufacturers in the United States; (4) establish web pages within the hub that shall focus on— (A) technology and research and development; (B) trade; (C) workforce development and training; (D) industrial commons and supply chains; and (E) small and medium manufacturers; and (5) use machine learning to— (A) identify frequently asked questions; and (B) disseminate to the public answers to the questions identified under subparagraph (A).
(d) NO ADDITIONAL FUNDS.—No additional funds are authorized to be appropriated for the purpose of carrying out this section.

TITLE II—STURDY SEC.

201.

CONSUMER PRODUCT SAFETY STANDARD TO PROTECT AGAINST TIP-OVER OF CLOTHING STORAGE UNITS.
(a) CLOTHING STORAGE UNIT DEFINED.—In this section, the term ‘‘clothing storage unit’’ means any free-standing furniture item manufactured in the United States or imported for use in the United States that is intended for the storage of clothing, typical of bedroom furniture.
(b) CPSC DETERMINATION OF SCOPE.—The Consumer Product Safety Commission shall specify the types of furniture items within the scope of subsection (a) as part of a standard promulgated under this section based on tip-over data as reasonably necessary to protect children up to 72 months of age from injury or death.
(c) CONSUMER PRODUCT SAFETY STANDARD REQUIRED.— (1) IN GENERAL.—Except as provided in subsection (f )(1), not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall— (A) in consultation with representatives of consumer groups, clothing storage unit manufacturers, craft or hand- made furniture manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of any voluntary consumer product safety standards for clothing storage units; and H. R. 2617—1095 (B) in accordance with section 553 of title 5, United States Code, and paragraph (2), promulgate a final con- sumer product safety standard for clothing storage units to protect children from tip-over-related death or injury, that shall take effect 180 days after the date of promulga- tion or such a later date as the Commission determines appropriate.
(2) REQUIREMENTS.—The standard promulgated under paragraph (1) shall protect children from tip-over-related death or injury with— (A) tests that simulate the weight of children up to 60 pounds; (B) objective, repeatable, reproducible, and measurable tests or series of tests that simulate real-world use and account for impacts on clothing storage unit stability that may result from placement on carpeted surfaces, drawers with items in them, multiple open drawers, and dynamic force; (C) testing of all clothing storage units, including those 27 inches and above in height; and (D) warning requirements based on ASTM F2057–19, or its successor at the time of enactment, provided that the Consumer Product Safety Commission may strengthen the warning requirements of ASTM F2057–19, or its suc- cessor, if reasonably necessary to protect children from tip-over-related death or injury.
(3) TESTING CLARIFICATION.—Tests referred to in paragraph (2)(B) shall allow for the utilization of safety features (excluding tip restraints) to work as intended if the features cannot be overridden by consumers in normal use.

(4) TREATMENT OF STANDARD.—A consumer product safety standard promulgated under paragraph (1) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C.

2058).
2058).

(d) ADOPTION OF VOLUNTARY STANDARD.— (1) IN GENERAL.—If a voluntary standard exists that meets the requirements of paragraph (2), the Commission shall, not later than 90 days after the date on which such determination is made and in accordance with section 553 of title 5, United States Code, promulgate a final consumer product safety standard that adopts the applicable performance requirements of such voluntary standard related to protecting children from tip-over-related death or injury.
A consumer product safety standard promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C.

2058).

Such standard shall take effect 120 days after the date of the promulgation of the rule, or such a later date as the Commission determines appropriate.

Such standard will supersede any other existing standard for clothing storage units to protect children from tip-over-related death or injury.
(2) REQUIREMENTS.—The requirements of this paragraph with respect to a voluntary standard for clothing storage units are that such standard— (A) protects children up to 72 months of age from tip-over-related death or injury; H. R. 2617—1096 (B) meets the requirements described in subsection (c)(2); (C) is, or will be, published not later than 60 days after the date of enactment of this Act; and (D) is developed by ASTM International or such other standard development organization that the Commission determines is in compliance with the intent of this section.
(3) NOTICE REQUIRED TO BE PUBLISHED IN THE FEDERAL REGISTER.—The Commission shall publish a notice in the Fed- eral Register upon beginning the promulgation of a rule under this subsection.

(e) REVISION OF VOLUNTARY STANDARD.— (1) NOTICE TO COMMISSION.—If the performance require- ments of a voluntary standard adopted under subsection (d) are subsequently revised, the organization that revised the performance requirements of such standard shall notify the Commission of such revision after final approval.
(2) TREATMENT OF REVISION.—Not later than 90 days after the date on which the Commission is notified of revised perform- ance requirements of a voluntary standard described in para- graph (1) (or such later date as the Commission determines appropriate), the Commission shall determine whether the revised performance requirements meet the requirements of subsection (d)(2)(B), and if so, modify, in accordance with sec- tion 553 of title 5, United States Code, the standard promul- gated under subsection (d) to include the revised performance requirements that the Commission determines meet such requirements.
The modified standard shall take effect after 180 days or such later date as the Commission deems appro- priate.
(f) SUBSEQUENT RULEMAKING.— (1) IN GENERAL.—Beginning 5 years after the date of enact- ment of this Act, subsequent to the publication of a consumer product safety standard under this section, the Commission may, at any time, initiate rulemaking, in accordance with sec- tion 553 of title 5, United States Code, to modify the require- ments of such standard or to include additional provisions if the Commission makes a determination that such modifica- tions or additions are reasonably necessary to protect children from tip-over-related death or injury.
(2) PETITION FOR REVISION OF RULE.— (A) IN GENERAL.—If the Commission receives a petition for a new or revised test that permits incorporated safety features (excluding tip restraints) to work as intended, if the features cannot be overridden by consumers in normal use and provide an equivalent or greater level of safety as the tests developed under subsection (c)(2) or the performance requirements described in subsection (d)(2)(B), as applicable, the Commission shall determine within 120 days— (i) whether the petition meets the requirements for petitions set forth in section 1051.5 of title 16, Code of Federal Regulations, or any successor regula- tion implementing section 9(i) of the Consumer Product Safety Act (15 U.S.C.
2058(i)); and H. R. 2617—1097 (ii) whether the petition demonstrates that the test could reasonably meet the requirements of sub- section (c)(2)(B), and if so, the Commission shall deter- mine by recorded vote, within 60 days after the deter- mination, whether to initiate rulemaking, in accord- ance with section 553 of title 5, United States Code, to revise a consumer product safety standard promul- gated under this section to include the new or revised test.
(B) DEMONSTRATION OF COMPLIANCE.—Compliance with the testing requirements of a standard revised under subparagraph (A) may be demonstrated either through the performance of a new or revised test under subparagraph (A) or the performance of the tests otherwise required under a standard promulgated under this section.
(3) TREATMENT OF RULES.—Any rule promulgated under this subsection, including any modification or revision made under this subsection, shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C.

2058).

TITLE III—INFORM CONSUMERS SEC.

301.

COLLECTION, VERIFICATION, AND DISCLOSURE OF INFORMA- TION BY ONLINE MARKETPLACES TO INFORM CON- SUMERS.
(a) COLLECTION AND VERIFICATION OF INFORMATION.— (1) COLLECTION.— (A) IN GENERAL.—An online marketplace shall require any high-volume third party seller on such online market- place’s platform to provide, not later than 10 days after qualifying as a high-volume third party seller on the plat- form, the following information to the online marketplace: (i) BANK ACCOUNT.— (I) IN GENERAL.—A bank account number, or, if such seller does not have a bank account, the name of the payee for payments issued by the online marketplace to such seller.
(II) PROVISION OF INFORMATION.—The bank account or payee information required under sub- clause (I) may be provided by the seller in the following ways: (aa) To the online marketplace.

(bb) To a payment processor or other third party contracted by the online marketplace to maintain such information, provided that the online marketplace ensures that it can obtain such information within 3 business days from such payment processor or other third party.
(ii) CONTACT INFORMATION.—Contact information for such seller as follows: (I) With respect to a high-volume third party seller that is an individual, the individual’s name.

H. R. 2617—1098 (II) With respect to a high-volume third party seller that is not an individual, one of the following forms of contact information: (aa) A copy of a valid government-issued identification for an individual acting on behalf of such seller that includes the individ- ual’s name.
(bb) A copy of a valid government-issued record or tax document that includes the busi- ness name and physical address of such seller.

(iii) TAX ID.—A business tax identification number, or, if such seller does not have a business tax identifica- tion number, a taxpayer identification number.

(iv) WORKING EMAIL AND PHONE NUMBER.—A cur- rent working email address and phone number for such seller.
(B) NOTIFICATION OF CHANGE; ANNUAL CERTIFI- CATION.—An online marketplace shall— (i) periodically, but not less than annually, notify any high-volume third party seller on such online marketplace’s platform of the requirement to keep any information collected under subparagraph (A) current; and (ii) require any high-volume third party seller on such online marketplace’s platform to, not later than 10 days after receiving the notice under clause (i), electronically certify that— (I) the seller has provided any changes to such information to the online marketplace, if any such changes have occurred; or (II) there have been no changes to such seller’s information.
(C) SUSPENSION.—In the event that a high-volume third party seller does not provide the information or certifi- cation required under this paragraph, the online market- place shall, after providing the seller with written or elec- tronic notice and an opportunity to provide such informa- tion or certification not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until such seller provides such information or certification.
(2) VERIFICATION.— (A) IN GENERAL.—An online marketplace shall— (i) verify the information collected under para- graph (1)(A) not later than 10 days after such collec- tion; and (ii) verify any change to such information not later than 10 days after being notified of such change by a high-volume third party seller under paragraph (1)(B).
(B) PRESUMPTION OF VERIFICATION.—In the case of a high-volume third party seller that provides a copy of a valid government-issued tax document, any information contained in such document shall be presumed to be verified as of the date of issuance of such document.

H. R. 2617—1099 (3) DATA USE LIMITATION.—Data collected solely to comply with the requirements of this section may not be used for any other purpose unless required by law.
(4) DATA SECURITY REQUIREMENT.—An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this section from unauthorized use, disclosure, access, destruction, or modifica- tion.
(b) DISCLOSURE REQUIRED.— (1) REQUIREMENT.— (A) IN GENERAL.—An online marketplace shall— (i) require any high-volume third party seller with an aggregate total of $20,000 or more in annual gross revenues on such online marketplace, and that uses such online marketplace’s platform, to provide the information described in subparagraph (B) to the online marketplace; and (ii) disclose the information described in subpara- graph (B) to consumers in a clear and conspicuous manner— (I) on the product listing page (including via hyperlink); or (II) in the order confirmation message or other document or communication made to the consumer after the purchase is finalized and in the con- sumer’s account transaction history.
DESCRIBED.—The INFORMATION information (B) described in this subparagraph is the following: (i) Subject to paragraph (2), the identity of the high-volume third party seller, including— (I) the full name of the seller, which may include the seller name or seller’s company name, or the name by which the seller or company oper- ates on the online marketplace; (II) the physical address of the seller; and (III) contact information for the seller, to allow for the direct, unhindered communication with high-volume third party sellers by users of the online marketplace, including— (aa) a current working phone number; (bb) a current working email address; or (cc) other means of direct electronic mes- saging (which may be provided to such seller by the online marketplace), provided that the requirements of this item shall not prevent from monitoring an online marketplace communications between high-volume third party sellers and users of the online market- place for fraud, abuse, or spam.
(ii) Whether the high-volume third party seller used a different seller to supply the consumer product to the consumer upon purchase, and, upon the request of an authenticated purchaser, information described in clause (i) relating to any such seller that the H. R. 2617—1100 supplied the consumer product to the purchaser, if such seller is different than the high-volume third party seller listed on the product listing prior to pur- chase.
(2) EXCEPTION.— (A) IN GENERAL.—Subject to subparagraph (B), upon the request of a high-volume third party seller, an online marketplace may provide for partial disclosure of the identity information required under paragraph (1)(B)(i) in the following situations: (i) If such seller certifies to the online marketplace that the seller does not have a business address and only has a residential street address, or has a combined business and residential address, the online market- place may— (I) disclose only the country and, if applicable, the State in which such seller resides; and (II) inform consumers that there is no business address available for the seller and that consumer inquiries should be submitted to the seller by phone, email, or other means of electronic mes- saging provided to such seller by the online marketplace.
(ii) If such seller certifies to the online marketplace that the seller is a business that has a physical address for product returns, the online marketplace may dis- close the seller’s physical address for product returns.
(iii) If such seller certifies to the online market- place that the seller does not have a phone number other than a personal phone number, the online marketplace shall inform consumers that there is no phone number available for the seller and that con- sumer inquiries should be submitted to the seller’s email address or other means of electronic messaging provided to such seller by the online marketplace.
(B) LIMITATION ON EXCEPTION.—If an online market- place becomes aware that a high-volume third party seller has made a false representation to the online marketplace in order to justify the provision of a partial disclosure under subparagraph (A) or that a high-volume third party seller who has requested and received a provision for a partial disclosure under subparagraph (A) has not provided responsive answers within a reasonable time frame to con- sumer inquiries submitted to the seller by phone, email, or other means of electronic messaging provided to such seller by the online marketplace, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to respond not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller unless such seller consents to the disclosure of the identity information required under paragraph (1)(B)(i).
(3) REPORTING MECHANISM.—An online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third party seller a reporting mechanism that allows for electronic and telephonic H. R. 2617—1101 reporting of suspicious marketplace activity to the online marketplace.
(4) COMPLIANCE.—If a high-volume third party seller does not comply with the requirements to provide and disclose information under this subsection, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide or disclose such information not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until the seller complies with such requirements.
(c) ENFORCEMENT BY FEDERAL TRADE COMMISSION.— (1) UNFAIR AND DECEPTIVE ACTS OR PRACTICES.—A violation of subsection (a) or (b) by an online marketplace shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Fed- eral Trade Commission Act (15 U.S.C.

57a(a)(1)(B)).
57a(a)(1)(B)).

(2) POWERS OF THE COMMISSION.— (A) IN GENERAL.—The Commission shall enforce sub- sections (a) and (b) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C.

41 et seq.)

were incor- porated into and made a part of this section.
(B) PRIVILEGES AND IMMUNITIES.—Any person that vio- lates subsection (a) or (b) shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C.

41 et seq.).
41 et seq.).

(3) REGULATIONS.—The Commission may promulgate regu- lations under section 553 of title 5, United States Code, with respect to the collection, verification, or disclosure of informa- tion under this section, provided that such regulations are limited to what is necessary to collect, verify, and disclose such information.

(4) AUTHORITY PRESERVED.—Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
(d) ENFORCEMENT BY STATE ATTORNEYS GENERAL.— (1) IN GENERAL.—If the attorney general of a State has reason to believe that any online marketplace has violated or is violating this section or a regulation promulgated under this section that affects one or more residents of that State, the attorney general of the State may bring a civil action in any appropriate district court of the United States, to— (A) enjoin further such violation by the defendant; (B) enforce compliance with this section or such regula- tion; (C) obtain civil penalties in the amount provided for under subsection (c); (D) obtain other remedies permitted under State law; and (E) obtain damages, restitution, or other compensation on behalf of residents of the State.
(2) NOTICE.—The attorney general of a State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such H. R. 2617—1102 prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action.
(3) INTERVENTION BY THE COMMISSION.—Upon receiving notice under paragraph (2), the Commission shall have the right— (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal.
(4) LIMITATION ON STATE ACTION WHILE FEDERAL ACTION IS PENDING.—If the Commission has instituted a civil action for violation of this section or a regulation promulgated under this section, no State attorney general, or official or agency of a State, may bring a separate action under paragraph (1) during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section or a regulation promulgated under this section that is alleged in the complaint.
A State attorney general, or official or agency of a State, may join a civil action for a violation of this section or regulation promulgated under this section filed by the Commission.
(5) RULE OF CONSTRUCTION.—For purposes of bringing a civil action under paragraph (1), nothing in this section shall be construed to prevent the chief law enforcement officer, or official or agency of a State, from exercising the powers con- ferred on such chief law enforcement officer, or official or agency of a State, by the laws of the State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evi- dence.
(6) ACTIONS BY OTHER STATE OFFICIALS.— (A) IN GENERAL.—In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so, except for any private person on behalf of the State attorney general, may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.
(B) SAVINGS PROVISION.—Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.
(e) SEVERABILITY.—If any provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of this section and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.

(f) DEFINITIONS.—In this section: (1) COMMISSION.—The term ‘‘Commission’’ means the Fed- eral Trade Commission.
(2) CONSUMER PRODUCT.—The term ‘‘consumer product’’ has the meaning given such term in section 101 of the Magnuson- Moss Warranty—Federal Trade Commission Improvement Act H. R. 2617—1103 (15 U.S.C.

2301) and section 700.1 of title 16, Code of Federal Regulations.
(3) HIGH-VOLUME THIRD PARTY SELLER.— (A) IN GENERAL.—The term ‘‘high-volume third party seller’’ means a participant on an online marketplace’s platform who is a third party seller and, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products and an aggregate total of $5,000 or more in gross revenues.
(B) CLARIFICATION.—For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues under subparagraph (A), an online market- place shall only be required to count sales or transactions made through the online marketplace and for which pay- ment was processed by the online marketplace, either directly or through its payment processor.
(4) ONLINE MARKETPLACE.—The term ‘‘online marketplace’’ means any person or entity that operates a consumer-directed electronically based or accessed platform that— (A) includes features that allow for, facilitate, or enable third party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States; (B) is used by one or more third party sellers for such purposes; and (C) has a contractual or similar relationship with con- sumers governing their use of the platform to purchase consumer products.
(5) SELLER.—The term ‘‘seller’’ means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace’s platform.

(6) THIRD PARTY SELLER.— (A) IN GENERAL.—The term ‘‘third party seller’’ means any seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the United States through such online marketplace’s plat- form.
(B) EXCLUSIONS.—The term ‘‘third party seller’’ does not include, with respect to an online marketplace— (i) a seller who operates the online marketplace’s platform; or (ii) a business entity that has— (I) made available to the general public the entity’s name, business address, and working con- tact information; (II) an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of con- sumer products; and (III) provided to the online marketplace identi- fying information, as described in subsection (a), that has been verified in accordance with that subsection.
(7) VERIFY.—The term ‘‘verify’’ means to confirm informa- tion provided to an online marketplace pursuant to this section, H. R. 2617—1104 which may include the use of one or more methods that enable the online marketplace to reliably determine that any informa- tion and documents provided are valid, corresponding to the seller or an individual acting on the seller’s behalf, not mis- appropriated, and not falsified.
(g) RELATIONSHIP TO STATE LAWS.—No State or political sub- division of a State, or territory of the United States, may establish or continue in effect any law, regulation, rule, requirement, or standard that conflicts with the requirements of this section.

(h) EFFECTIVE DATE.—This section shall take effect 180 days after the date of the enactment of this Act.

TITLE IV—VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT REAU- THORIZATION SEC.

401.

COVERED ENTITY DEFINED.


(a) IN GENERAL.—Section 1403 of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C.

8002) is amended— (1) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (6), (7), (8), (9), and (10), respectively; and (2) by inserting after paragraph (3) the following: ‘‘(4) COVERED ENTITY.—The term ‘covered entity’ means— ‘‘(A) a State; or ‘‘(B) an Indian Tribe.
‘‘(5) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C.

5304(e)).’’.

(b) TECHNICAL CORRECTION.—Paragraph (10) of section 1403 of the Virginia Graeme Baker Pool and Spa Safety Act (as so redesignated) is amended by striking ‘‘section 3(10) of the Consumer Product Safety Act (15 U.S.C.

2052(10))’’ and inserting ‘‘section 3(a) of the Consumer Product Safety Act (15 U.S.C.

2052(a))’’.

SEC.

402.


SWIMMING POOL SAFETY GRANT PROGRAM.

(a) IN GENERAL.—Section 1405 of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C.

8004) is amended to read as follows: ‘‘SEC.

1405.

SWIMMING POOL SAFETY GRANT PROGRAM.

‘‘(a) IN GENERAL.—Subject to the availability of appropriations authorized by subsection (e), the Commission shall carry out a grant program to provide assistance to eligible covered entities.
‘‘(b) ELIGIBILITY.—To be eligible for a grant under the program, a covered entity shall— ‘‘(1) demonstrate to the satisfaction of the Commission that, as of the date on which the covered entity submits an applica- tion to the Commission for a grant under this section, the covered entity has enacted and provides for the enforcement of a statute that— ‘‘(A) except as provided in section 1406(a)(1)(A)(i), applies to all swimming pools constructed in the State or in the jurisdiction of the Indian Tribe (as the case may be) on or after such date; and H. R. 2617—1105 ‘‘(B) meets the minimum State law requirements of section 1406; and ‘‘(2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require.
‘‘(c) AMOUNT OF GRANT.—The Commission shall determine the amount of a grant awarded under this section, and shall consider— ‘‘(1) the population of the covered entity; ‘‘(2) the relative enforcement and implementation needs of the covered entity; and ‘‘(3) allocation of grant funds in a manner designed to provide the maximum benefit from the program in terms of protecting children from drowning or entrapment.
‘‘(d) USE OF GRANT FUNDS.—A State or an Indian Tribe receiving a grant under this section shall use— ‘‘(1) at least 25 percent of amounts made available— ‘‘(A) to hire and train personnel for implementation and enforcement of standards under the swimming pool and spa safety law of the State or Indian Tribe; and ‘‘(B) to defray administrative costs associated with the hiring and training programs under subparagraph (A); and ‘‘(2) the remainder— ‘‘(A) to educate pool owners, pool operators, and other members of the public about the standards under the swim- ming pool and spa safety law of the State or Indian Tribe and about the prevention of drowning or entrapment of children using swimming pools and spas; and ‘‘(B) to defray administrative costs associated with the education programs under subparagraph (A).
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Commission for fiscal year 2023 $2,500,000 to carry out this section.’’.

(b) CONFORMING AMENDMENTS.—Section 1406 of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C.
8005) is amended— (1) in subsection (a)(2), by striking ‘‘the eligibility of a State’’ each place it appears and inserting ‘‘the eligibility of a covered entity’’; and (2) by adding at the end the following: ‘‘(e) STATE DEFINED.—In this section, the term ‘State’ includes an Indian Tribe.’’.

SEC.

403.

REAUTHORIZATION OF CPSC EDUCATION AND AWARENESS PROGRAM.

Section 1407 of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C.

8006) is amended to read as follows: ‘‘SEC.

1407.


EDUCATION AND AWARENESS PROGRAM.

‘‘(a) IN GENERAL.—The Commission shall establish and carry out an education and awareness program to inform the public of methods to prevent drowning and entrapment in swimming pools and spas.
In carrying out the program, the Commission shall develop— ‘‘(1) educational materials designed for swimming pool and spa manufacturers, service companies, and supply retail outlets, including guidance on barrier and drain cover inspection, maintenance, and replacement; H. R. 2617—1106 ‘‘(2) educational materials designed for swimming pool and spa owners and operators, consumers, States, and Indian Tribes; and ‘‘(3) a national media campaign to promote awareness of swimming pool and spa safety.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Commission for fiscal year 2023 $2,500,000 to carry out the education and awareness program authorized by subsection (a).’’.

TITLE V—RANSOMWARE ACT SEC.

501.

SHORT TITLE.

This title may be cited as the ‘‘Reporting Attacks from Nations for Oversight and Monitoring Web Attacks and Selected Ransomware from Enemies Act’’ or the ‘‘RANSOMWARE Act’’.

SEC.

502.

INCLUSION OF REPORT.


Section 2 of Public Law 116–173 is amended— (1) in paragraph (3), by striking ‘‘; and’’; (2) in paragraph (4), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(5) the first report required by the RANSOMWARE Act.’’.

SEC.

503.

REPORT ON RANSOMWARE AND OTHER CYBER-RELATED ATTACKS BY CERTAIN FOREIGN INDIVIDUALS, COMPA- NIES, AND GOVERNMENTS.
(a) IN GENERAL.—With the transmission of the report required by section 2 of Public Law 116–173, and separately in 2025 and 2027, the Federal Trade Commission shall transmit to the Com- mittee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report, which may include a classified annex for information that is nonpublic or related to Commission investiga- tions or interagency deliberations, and that shall include the fol- lowing: (1) The number and details of cross-border complaints received by the Commission (including which such complaints were acted upon and which such complaints were not acted upon) that relate to incidents that were reported to the Commis- sion as committed by individuals, companies, or governments, including those described in subsection (b), broken down by each type of individual, type of company, or government described in a paragraph of such subsection.
(2) The number and details of cross-border complaints received by the Commission (including which such complaints were acted upon and which such complaints were not acted upon) that involve ransomware or other cyber-related attacks that were reported to the Commission as committed by individ- uals, companies, or governments, including those described in subsection (b), broken down by each type of individual, type of company, or government described in a paragraph of such subsection.
(3) A description of trends in the number of cross-border complaints received by the Commission and reported to the Commission as incidents that were committed by individuals, H. R. 2617—1107 companies, or governments, including those described in sub- section (b), broken down by each type of individual, type of company, or government described in a paragraph of such sub- section.
(4) Identification and details of foreign agencies (including foreign law enforcement agencies (as defined in section 4 of the Federal Trade Commission Act (15 U.S.C.

44))) located in Russia, China, North Korea, or Iran with which the Commis- sion has cooperated and the results of such cooperation, including any foreign agency enforcement action or lack thereof.
(5) A description of Commission litigation, in relation to cross-border complaints described in paragraphs (1) and (2), brought in foreign courts and the results of such litigation.

(6) Any recommendations for legislation that may advance the mission of the Commission in carrying out the U.S.

SAFE WEB Act of 2006 and the amendments made by such Act.
(7) Any recommendations for legislation that may advance the security of the United States and United States companies against ransomware and other cyber-related attacks.

(8) Any recommendations for United States citizens and United States businesses to implement best practices on miti- gating ransomware and other cyber-related attacks.
(b) INDIVIDUALS, COMPANIES, AND GOVERNMENTS DESCRIBED.— The individuals, companies, and governments described in this sub- section are the following: (1) An individual located within Russia or with direct or indirect ties to the Government of the Russian Federation.

(2) A company located within Russia or with direct or indirect ties to the Government of the Russian Federation.

(3) The Government of the Russian Federation.


(4) An individual located within China or with direct or indirect ties to the Government of the People’s Republic of China.

(5) A company located within China or with direct or indirect ties to the Government of the People’s Republic of China.

(6) The Government of the People’s Republic of China.

(7) An individual located within North Korea or with direct or indirect ties to the Government of the Democratic People’s Republic of Korea.
(8) A company located within North Korea or with direct or indirect ties to the Government of the Democratic People’s Republic of Korea.

(9) The Government of the Democratic People’s Republic of Korea.

(10) An individual located within Iran or with direct or indirect ties to the Government of the Islamic Republic of Iran.

(11) A company located within Iran or with direct or indirect ties to the Government of the Islamic Republic of Iran.

(12) The Government of the Islamic Republic of Iran.
H. R. 2617—1108 TITLE VI—TRAVEL AND TOURISM SEC.

600.

DEFINED TERM.

In this title, the term ‘‘COVID–19 public health emergency’’— (1) means the public health emergency first declared on January 31, 2020, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C.

247d) with respect to COVID–19; and (2) includes any renewal of such declaration pursuant to such section 319.

Subtitle A—Travel Promotion SEC.

601.

SHORT TITLE.
601.

SHORT TITLE.

This subtitle may be cited as the ‘‘Visit America Act’’.

SEC.

602.

PURPOSES.
The purposes of this subtitle are— (1) to support the travel and tourism industry, which pro- duces economic impacts that are vital to our national economy; and (2) to establish national goals for international visitors to the United States, including— (A) recommendations for achieving such goals and timelines for implementing such recommendations; (B) coordination between Federal and State agencies; (C) the resources needed by each Government agency to achieve such goals; and (D) the number of international visitors and the value of national travel exports.
SEC.

603.

SENSE OF CONGRESS.
It is the sense of Congress that— (1) setting a national goal for the number of international visitors to the United States is vital for aligning Federal tourism policy to support American jobs and economic growth; (2) setting a national goal for travel exports is vital for aligning Federal tourism policy to support American jobs, increase travel exports, and improve our Nation’s balance of trade; (3) the travel industry is an essential part of the United States services exports with respect to business, education, medical, and leisure travel; (4) the promotion of travel and visitation by the Corporation for Travel Promotion (doing business as ‘‘Brand USA’’) is vital to increasing visitation and articulating the visitation laws of the United States; and (5) there is an urgent need for a coordinated travel and tourism industry response and strategy to respond to the cur- rent state of such industry and future unforeseen circumstances that may impact the travel and tourism industry.
SEC.

604.

ASSISTANT SECRETARY OF COMMERCE FOR TRAVEL AND TOURISM.

Section 2(d) of the Reorganization Plan Numbered 3 of 1979 (93 Stat.

1382; 5 U.S.C.

App.)


is amended— H. R. 2617—1109 (1) by striking ‘‘There shall be in the Department two additional Assistant Secretaries’’ and inserting ‘‘(1) There shall be in the Department three additional Assistant Secretaries, including the Assistant Secretary of Commerce for Travel and Tourism,’’; and (2) by adding at the end the following: ‘‘(2) The Assistant Secretary of Commerce for Travel and Tourism shall report directly to the Under Secretary of Com- merce for International Trade.’’.

SEC.
SEC.

605.

RESPONSIBILITIES OF THE ASSISTANT SECRETARY OF COM- MERCE FOR TRAVEL AND TOURISM.
(a) VISITATION GOALS.—The Assistant Secretary of Commerce for Travel and Tourism (referred to in this section as the ‘‘Assistant Secretary’’) shall— (1) after consultation with the travel and tourism industry, work with the Travel Promotion Committee and the United States Travel and Tourism Advisory Board to establish an annual goal, consistent with the goals of the travel and tourism strategy developed pursuant to section 606(1), for— (A) the number of international visitors to the United States; and (B) the value of travel and tourism commerce; (2) develop recommendations for achieving the annual goals established pursuant to paragraph (1); (3) ensure that travel and tourism policy is developed in consultation with— (A) the Tourism Policy Council; (B) the Secretary of State; (C) the Secretary of Homeland Security; (D) the Corporation for Travel Promotion; (E) the United States Travel and Tourism Advisory Board; and (F) travel and tourism industry representatives, including public and private destination marketing organizations, travel and tourism suppliers, gig economy representatives, and labor representatives from these industries; (4) establish short, medium, and long-term timelines for implementing the recommendations developed pursuant to paragraph (2); (5) conduct Federal agency needs assessments, in consulta- tion with the Office of Management and Budget and other relevant Federal agencies, to identify the resources, statutory or regulatory changes, and private sector engagement needed to achieve the annual visitation goals; and (6) provide assessments and recommendations to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; and (C) the public through a publicly accessible website.
(b) DOMESTIC TRAVEL AND TOURISM.—The Assistant Secretary, to the extent feasible, shall— (1) evaluate, on an ongoing basis, domestic policy options for supporting competitiveness with respect to the strengths, weaknesses, and growth of the domestic travel industry; H. R. 2617—1110 (2) develop recommendations and goals to support and enhance domestic tourism, separated by business and leisure; and (3) engage public and private stakeholders to support domestic tourism.
(c) WORKFORCE.—The Assistant Secretary shall— (1) consult with the Secretary of Labor to develop strategies and best practices for improving the timeliness and reliability of travel and tourism workforce data; (2) work with the Secretary of Labor and the Bureau of Economic Analysis to improve travel and tourism industry data; (3) provide recommendations for policy enhancements and efficiencies; and (4) provide policy recommendations regarding the gig economy as it relates to travel and tourism.
(d) FACILITATION OF INTERNATIONAL BUSINESS TRAVEL.—The Assistant Secretary, in coordination with relevant Federal agencies, shall strive to increase and facilitate international business travel to the United States and ensure competitiveness by— (1) facilitating large meetings, incentives, conferences, and exhibitions in the United States; (2) emphasizing rural and other destinations in the United States that are rich in cultural heritage or ecological tourism, among other uniquely American destinations, as locations for hosting international meetings, incentives, conferences, and exhibitions; and (3) facilitating sports and recreation events and activities in the United States.
(e) RECOVERY STRATEGIES.— (1) IN GENERAL.—Not later than 1 year after amounts are appropriated to the Department of Commerce to accomplish the purposes of this section, the Assistant Secretary, in con- sultation with the entities referred to in subsection (a)(3), shall develop recovery strategies for the travel and tourism industry in response to the economic impacts of the COVID–19 pandemic and in anticipation of other unpredictable catastrophic events that would significantly affect the travel and tourism industry, such as hurricanes, floods, tsunamis, tornadoes, wildfires, ter- rorist attacks, and pandemics.
(2) COST-BENEFIT ANALYSIS.—In developing the recovery strategies under paragraph (1), the Assistant Secretary shall conduct cost-benefit analyses that take into account the health and economic effects of public health mitigation measures on the travel and tourism industry.
(f) REPORTING REQUIREMENTS.— (1) ASSISTANT SECRETARY.—The Assistant Secretary, sub- ject to the availability of appropriations, shall produce an annual forecasting report on the travel and tourism industry, which shall include current and anticipated— (A) domestic employment needs; (B) international inbound volume and spending, taking into account the lasting effects of the COVID–19 public health emergency and the impact of the recovery strategy implemented pursuant to subsection (e)(1); and (C) domestic volume and spending, including Federal and State public land travel and tourism data.
H. R. 2617—1111 (2) BUREAU OF ECONOMIC ANALYSIS.—The Director of the Bureau of Economic Analysis, subject to the availability of appropriations and to the extent feasible, should make quar- terly updates to the Travel and Tourism Satellite Accounts, including— (A) State-level travel and tourism spending data; (B) travel and tourism workforce data for full-time and part-time employment; and (C) Federal and State public lands outdoor recreational activity and tourism spending data.
(3) NATIONAL TRAVEL AND TOURISM OFFICE.—The Director of the National Travel and Tourism Office— (A) in partnership with the Bureau of Economic Anal- ysis and other relevant Federal agencies, shall provide a monthly report on international arrival and spending data to— (i) the Travel and Tourism Advisory Board; and (ii) the public through a publicly accessible website; and (B) shall include questions in the Survey of Inter- national Air Travelers regarding wait-times, visits to public lands, and State data, to the extent applicable.
SEC.

606.

TRAVEL AND TOURISM STRATEGY.
Not less frequently than once every 10 years, the Secretary of Commerce, in consultation with the United States Travel and Tourism Advisory Board, the Tourism Policy Council, the Secretary of State, and the Secretary of Homeland Security, shall develop and submit to Congress a 10-year travel and tourism strategy, which shall include— (1) the establishment of goals with respect to the number of annual international visitors to the United States and the annual amount of travel and tourism commerce in the United States during such 10-year period; (2) the resources needed to achieve the goals established pursuant to paragraph (1); and (3) recommendations for statutory or regulatory changes that would be necessary to achieve such goals.
SEC.

607.

UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.

Section 3 of the Act entitled ‘‘An Act to encourage travel in the United States, and for other purposes’’ (15 U.S.C.

1546) is amended to read as follows: ‘‘SEC.

3.

UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.


‘‘(a) IN GENERAL.—There is established the United States Travel and Tourism Advisory Board (referred to in this section as the ‘Board’), the members of which shall be appointed by the Secretary of Commerce for 2-year terms from companies and organizations in the travel and tourism industry.

‘‘(b) EXECUTIVE DIRECTOR.—The Assistant Secretary of Com- merce for Travel and Tourism shall serve as the Executive Director of the Board.
‘‘(c) EXECUTIVE SECRETARIAT.—The National Travel and Tourism Office of the International Trade Administration shall serve as the Executive Secretariat for the Board.
‘‘(d) FUNCTIONS.—The Board’s Charter shall specify that the Board will— H. R. 2617—1112 ‘‘(1) serve as the advisory body to the Secretary of Com- merce on matters relating to the travel and tourism industry in the United States; ‘‘(2) advise the Secretary of Commerce on government poli- cies and programs that affect the United States travel and tourism industry; ‘‘(3) offer counsel on current and emerging issues; ‘‘(4) provide a forum for discussing and proposing solutions to problems related to the travel and tourism industry; and ‘‘(5) provide advice regarding the domestic travel and tourism industry as an economic engine.
‘‘(e) RECOVERY STRATEGIES.—The Board shall assist the Assist- ant Secretary of Commerce for Travel and Tourism in the develop- ment and implementation of the recovery strategies required under section 605(e)(1) of the Visit America Act.’’.

SEC.

608.

DATA ON DOMESTIC TRAVEL AND TOURISM.

The Assistant Secretary of Commerce for Travel and Tourism, subject to the availability of appropriations, shall collect and make public aggregate data on domestic travel and tourism trends.

SEC.

609.
SEC.

609.

COMPLETION OF PROCEEDING.

If the Secretary of Commerce, before the date of the enactment of this Act, has taken any action that, in whole or in part, imple- ments this title or the amendments made by this title, the Secretary is not required to revisit such action to the extent such action is consistent with this title and the amendments made by this title.

Subtitle B—Travel Safety SEC.

611.

STUDY AND REPORT ON EFFECTS OF COVID–19 PANDEMIC ON TRAVEL AND TOURISM INDUSTRY IN UNITED STATES.
(a) DEFINITIONS.—In this section: (1) PANDEMIC PERIOD.—The term ‘‘pandemic period’’ has the meaning given the term ‘‘emergency period’’ in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C.

1320b– 5(g)(1)(B)), excluding any portion of such period after the date that is 1 year after the date of the enactment of this Act.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce.
(3) TRAVEL AND TOURISM INDUSTRY.—The term ‘‘travel and tourism industry’’ means the travel and tourism industry in the United States.
(b) INTERIM STUDY AND REPORT.— (1) IN GENERAL.—Not later than 3 months after the date of the enactment of this Act, the Secretary, after consultation with relevant stakeholders, including the United States Travel and Tourism Advisory Board, shall— (A) complete an interim study, which shall be based on data available at the time the study is conducted and provide a framework for the study required under sub- section (c), regarding the effects of the COVID–19 pandemic on the travel and tourism industry, including various seg- ments of the travel and tourism industry, such as domestic, international, leisure, business, conventions, meetings, and events; and H. R. 2617—1113 (B) submit a report containing the results of such interim study to— (i) the Committee on Commerce, Science, and Transportation of the Senate; and (ii) the Committee on Energy and Commerce of the House of Representatives.
(2) AVAILABILITY.—The Secretary shall make the report described in paragraph (1) publicly available on the website of the Department of Commerce.
(c) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the United States Travel and Tourism Advisory Board and the head of any other Federal agency the Secretary considers appropriate, shall complete a study on the effects of the COVID–19 pandemic on the travel and tourism industry, including various segments of the travel and tourism industry, such as domestic, international, leisure, business, conventions, meetings, and events.
(d) MATTERS FOR CONSIDERATION.—In conducting the interim study required under subsection (b) and the study required under subsection (c), the Secretary shall consider— (1) changes in employment rates in the travel and tourism industry during the pandemic period; (2) changes in revenues of businesses in the travel and tourism industry during the pandemic period; (3) changes in employment and sales in industries related to the travel and tourism industry, and changes in contributions of the travel and tourism industry to such related industries, during the pandemic period; (4) the effects attributable to the changes described in paragraphs (1) through (3) in the travel and tourism industry and such related industries on the overall economy of the United States, including— (A) an analysis of regional economies (on a per capita basis) during the pandemic period; and (B) the projected effects of such changes on the regional and overall economy of the United States following the pandemic period; (5) the effects attributable to the changes described in paragraphs (1) through (3) in the travel and tourism industry and such related industries on minority communities, including Native Americans, Native Hawaiians, and Alaska Natives; (6) reports on the economic impact of COVID–19 issued by other Federal agencies; (7) the costs and health benefits associated with COVID– 19 requirements for air travel for entry into or exit from the United States and any consequent disincentives for tourism; (8) any Federal barriers related to the response to the COVID–19 pandemic that are disincentivizing international tourism in the United States, including the source and policy rationale for these barriers; and (9) any additional matters that the Secretary considers appropriate.
(e) CONSULTATION AND PUBLIC COMMENT.—In conducting the study required under subsection (c), the Secretary shall— (1) consult with representatives of— (A) the small business sector; (B) the restaurant or food service sector; H. R. 2617—1114 (C) the hotel and alternative accommodations sector; (D) the attractions or recreation sector; (E) the outdoor recreation sector; (F) the travel distribution services sector; (G) destination marketing organizations; (H) State tourism offices; (I) the passenger air, railroad, bus, and rental car sectors; and (J) labor representatives for— (i) the sectors referred to in subparagraph (I); and (ii) security screening personnel designated by the Administrator of the Transportation Security Adminis- tration; and (2) provide an opportunity for public comment and advice relevant to conducting such study.
(f) REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than 6 months after the comple- tion of the study required under subsection (c), the Secretary, in consultation with the United States Travel and Tourism Advisory Board and the Tourism Policy Council, shall submit a report to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Energy and Com- merce of the House of Representatives that contains— (A) the results of such study; (B) policy recommendations for— (i) promoting and assisting the travel and tourism industry generally; and (ii) promoting and assisting travel and tourism to Native American, Native Hawaiian, and Alaska Native communities, by fully implementing the Native American Tourism and Improving Visitor Experience Act (Public Law 114–221); and (C) a description of the actions that should be taken by the Federal Government to accelerate the implementa- tion of travel and tourism policies and programs authorized by law.
(2) AVAILABILITY.—The Secretary shall make the report described in paragraph (1) publicly available on the website of the Department of Commerce.

DIVISION CC—WATER RELATED MATTERS SEC.

101.

EXTENSION OF AUTHORIZATIONS RELATED TO FISH RECOVERY PROGRAMS.

Section 3 of Public Law 106–392 (114 Stat.

1603; 123 Stat.
1603; 123 Stat.

1310) is amended— (1) by striking ‘‘2023’’ each place it appears and inserting ‘‘2024’’; (2) in subsection (b)(1), by striking ‘‘$179,000,000’’ and inserting ‘‘$184,000,000’’; (3) in subsection (b)(2), by striking ‘‘$30,000,000’’ and inserting ‘‘$25,000,000’’; (4) in subsection (h), by striking ‘‘, at least 1 year prior to such expiration,’’; and H. R. 2617—1115 (5) in subsection (j), by striking ‘‘2021’’ each place it appears and inserting ‘‘2022’’.

SEC.

102.
SEC.

102.

COLORADO RIVER SYSTEM CONSERVATION PILOT PROGRAM.

Section 206 of the Energy and Water Development and Related Agencies Appropriations Act, 2015 (43 U.S.C.

620 note; Public Law 113–235), is amended— (1) in subsection (b)(2), by striking ‘‘additional funds’’ and inserting ‘‘funds for new water conservation agreements or’’; (2) in subsection (c)(2), by striking ‘‘2022’’ and inserting ‘‘2024’’; and (3) in subsection (d), by striking ‘‘2018’’ and inserting ‘‘2025’’.

SEC.

103.
SEC.

103.

SALTON SEA PROJECTS.

Section 1101 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat.
4661) is amended— (1) by redesignating subsections (b) through (d) as sub- sections (c) through (e), respectively; (2) by inserting after subsection (a) the following: ‘‘(b) ADDITIONAL PROJECT AUTHORITIES.— ‘‘(1) IN GENERAL.—The Secretary of the Interior, acting through the Commissioner of Reclamation, may provide grants and enter into contracts and cooperative agreements to carry out projects located in the area of the Salton Sea in southern California to mitigate impacts from dust from dry and drying lakebeds and to improve fish and wildlife habitat, recreational opportunities, and water quality, in partnership with— ‘‘(A) State, Tribal, and local governments; ‘‘(B) water districts; ‘‘(C) joint powers authorities, including the Salton Sea Authority; ‘‘(D) nonprofit organizations; and ‘‘(E) institutions of higher education.
‘‘(2) INCLUDED ACTIVITIES.—The projects described in para- graph (1) may include— ‘‘(A) construction, operation, maintenance, permitting, and design activities required for the projects; and ‘‘(B) dust suppression projects.’’; and (3) in subsection (c) (as so redesignated), by striking ‘‘project referred to in subsection (a)’’ and inserting ‘‘projects referred to in subsections (a) and (b)’’.

SEC.

104.

AUTHORIZATION OF SUN RIVER PROJECT, MONTANA.


(a) AUTHORIZATION.—The Secretary, acting the Commissioner of Reclamation and pursuant to the reclamation laws, may construct, operate, and maintain facilities in the Sun River project, Montana, for the purpose of hydroelectric power generation.
(b) EFFECT.—The authorization under subsection (a) shall— (1) be in addition to any other authorizations for the Sun through River project under existing law; and (2) not limit, restrict, or alter operations of the Sun River project in a manner that would be adverse to the satisfaction of valid existing water rights or water deliveries to the holder of any valid water service contract.

H. R. 2617—1116 SEC.

105.


ELIGIBILITY UNDER THE INFRASTRUCTURE INVESTMENT AND JOBS ACT OF SMALL WATER STORAGE AND GROUND- WATER STORAGE PROJECTS.

Section 40903(b)(1)(B)(i) of the Infrastructure Investment and Jobs Act (43 U.S.C.

3203(b)(1)(B)(i)) is amended by striking ‘‘2,000’’ and inserting ‘‘200’’.

DIVISION DD—PUBLIC LAND MANAGEMENT SEC.

1.

DEFINITION OF SECRETARY.

In this division, the term ‘‘Secretary’’ means the Secretary of the Interior.

TITLE I—DEPARTMENT OF THE INTERIOR PROVISIONS SEC.


101.

PILOT PROGRAM FOR NATIVE PLANT SPECIES.

(a) DEFINITIONS.—In this section: (1) INVASIVE SPECIES.—The term ‘‘invasive species’’ means, with respect to a particular ecosystem, a nonnative organism, the introduction of which causes or is likely to cause economic or environmental harm or harm to human, animal, or plant health.
(2) LOCALLY ADAPTED.—The term ‘‘locally adapted’’ means, with respect to plants, plants that— (A) originate from an area that is geographically proxi- mate to a planting area; and (B) are environmentally adapted to and likely to become established and persist in that planting area.

(3) NATIVE PLANT SPECIES.—The term ‘‘native plant species’’ means, with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem.
(4) NONNATIVE.—The term ‘‘nonnative’’ means, with respect to a particular ecosystem, an organism, including the seeds, eggs, spores, or other biological material of the organism capable of propagating that species, that occurs outside of the natural range of the organism.

(5) PLANT MATERIAL.—The term ‘‘plant material’’ means a plant or the seeds, eggs, spores, or other biological material of a plant capable of propagating the species of the plant.
(b) ESTABLISHMENT.—Not later than 180 days after the date on which funds are made available to carry out this section, the Secretary shall, in accordance with any existing laws and manage- ment policies, carry out a pilot program to prioritize the use of native plant species within geographically diverse units of the National Park System and public land administered by the Bureau of Land Management.
(c) IMPLEMENTATION.—In carrying out the pilot program under subsection (b), the Secretary shall, to the extent practicable— (1) give preference to the use of locally adapted native plant materials where appropriate; H. R. 2617—1117 (2) incorporate efforts to prevent, control, or eradicate the spread of invasive species; (3) incorporate efforts to use native plants in areas that have experienced a recent wildfire event; and (4) identify situations in which the use of non-native plants may be warranted.
(d) COORDINATION.—The Secretary shall, in carrying out the pilot program under subsection (b), coordinate activities with— (1) the National Seed Strategy of the Bureau of Land Management; (2) the Plant Conservation Alliance; and (3) the Plant Materials Centers of the Natural Resources Conservation Service.
(e) TERMINATION OF AUTHORITY.—The authority to carry out the pilot program under subsection (b) terminates on the date that is 5 years after the date on which the pilot program is estab- lished under that subsection.
(f) REPORT.—Not later than 1 year after the date on which the authority to carry out the pilot program terminates under subsection (e), the Secretary shall submit to Congress a report describing— (1) the results of the pilot program carried out under sub- section (b); and (2) the cost-effectiveness of using native plants in units of the National Park System and public land administered by the Bureau of Land Management.

SEC.

102.

REAUTHORIZATION OF THE HIGHLANDS CONSERVATION ACT.


The Highlands Conservation Act (Public Law 108–421; 118 Stat.
2375) is amended— (1) in section 3— (A) by amending paragraph (1) to read as follows: ‘‘(1) HIGHLANDS REGION.—The term ‘Highlands region’ means— ‘‘(A) the area depicted on the map entitled ‘The High- lands Region’, dated June 2004, updated after the date of enactment of this subparagraph to comprise each munici- pality included on the list of municipalities included in the Highlands region as of that date of enactment, and maintained in the headquarters of the Forest Service in Washington, District of Columbia; and ‘‘(B) a municipality approved by the Director of the United States Fish and Wildlife Service under section 4(e).’’; (B) in paragraph (3), by amending subparagraph (B) to read as follows: ‘‘(B) identified by a Highlands State as having high conservation value using the best available science and geographic information systems; and’’; (C) in paragraph (4)(A), by striking ‘‘; or’’ and inserting ‘‘, including a political subdivision thereof; or’’; and (D) by striking paragraphs (5) through (7); (2) in section 4— (A) in subsection (a)(1), by striking ‘‘in the Study’’ and all that follows through the end of the paragraph and inserting ‘‘using the best available science and geographic information systems; and’’; H. R. 2617—1118 (B) in subsection (c), by amending paragraph (5) to read as follows: ‘‘(5) provides that land conservation partnership projects will be consistent with areas identified as having high conserva- tion value in accordance with the purposes described in section 2 in the Highlands
 region.’’; (C) in subsection (e), by striking ‘‘fiscal years 2005 through 2021’’ and inserting ‘‘fiscal years 2023 through 2029’’; (D) by redesignating subsection (e) as subsection (g); and (E) by inserting after subsection (d) the following: ‘‘(e) REQUEST FOR INCLUSION OF ADDITIONAL MUNICIPALITY.— The Director of the United States Fish and Wildlife Service may, at the request of a Highlands State, with the concurrence of the municipality, approve the inclusion of a municipality within the State as part of the Highlands region.
‘‘(f) LIMITATION ON ADMINISTRATIVE EXPENSES.— ‘‘(1) FEDERAL ADMINISTRATION.—The Secretary of the Interior may not expend more than $300,000 for the administra- tion of this Act in each fiscal year.
‘‘(2) STATE ADMINISTRATION.—A State that receives funds under this section for a land conservation partnership project may not use more than 5 percent of the funds to administer the land conservation partnership project.’’; (3) in section 5— (A) in subsection (a), by striking ‘‘the Study, Update, and any future study that the Forest Service may under- take in’’; (B) in subsection (b)— (i) in paragraph (1), by striking ‘‘, including a Pennsylvania and Connecticut Update’’; and (ii) in paragraph (2), by striking ‘‘the findings’’ and all that follows through the end of the paragraph and regarding stakeholders implementation of the program; and’’; and (C) in subsection (c), by striking ‘‘2005 through 2014’’ inserting ‘‘with and inserting ‘‘2023 through 2029’’; and (4) in section 6, by adding at the end the following: ‘‘(f) APPRAISAL METHODOLOGY.— ‘‘(1) IN GENERAL.—With respect to an appraisal related to a land acquisition carried out under this Act, a Highlands State shall use an appraisal methodology approved by the Sec- retary of the Interior.
‘‘(2) ALTERNATIVE APPRAISAL METHODOLOGY.—A Highlands State may petition the Secretary of the Interior to consider an alternative appraisal methodology when there is a conflict, in any Highlands State, between— ‘‘(A) an appraisal methodology approved by the Sec- retary of the Interior under paragraph (1); and ‘‘(B) applicable State law.’’.

SEC.

103.

CADASTRE OF FEDERAL REAL PROPERTY.
(a) DEFINITIONS.—In this section: (1) CADASTRE.— (A) IN GENERAL.—The term ‘‘cadastre’’ means an inven- tory of real property developed through collecting, storing, H. R. 2617—1119 retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phe- nomena, or boundaries of the earth, and any information related to the data, including— (i) surveys; (ii) maps; (iii) charts; (iv) satellite and airborne remote sensing data; (v) images; and (vi) services of an architectural or engineering nature performed by 1 or more professionals, as author- ized to perform the services under State law, if applicable, such as— (I) a surveyor; (II) a photogrammetrist; (III) a hydrographer; (IV) a geodesist; or (V) a cartographer.
(B) INCLUSIONS.—The term ‘‘cadastre’’ includes— (i) a reference frame consisting of a current geo- detic network that is consistent with, and not duplica- tive of, the National Geodic Survey of the National Oceanic and Atmospheric Administration; (ii) a series of current and accurate large-scale maps; (iii) an existing cadastral boundary overlay delin- eating all cadastral parcels; (iv) a system for indexing and identifying each cadastral parcel; and (v) a series of land data files, each including the parcel identifier, which can be used to retrieve informa- tion and cross-reference between and among other existing data files that may contain information about the use, assets, and infrastructure of each parcel.
(2) FEDERAL REAL PROPERTY.— (A) IN GENERAL.—The term ‘‘Federal real property’’ means any real property owned, leased, or otherwise man- aged by the Secretary concerned.

(B) EXCLUSIONS.—The term ‘‘Federal real property’’ does not include— (i) real property held in trust by the Federal Government for the benefit of 1 or more Indian Tribes or individual Indians; or (ii) restricted land owned by an Indian Tribe or individual Indians.
(3) REAL PROPERTY.—The term ‘‘real property’’ means real estate consisting of— (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the prop- erty described in subparagraphs (A) through (D).
(4) SECRETARY CONCERNED.—The term ‘‘Secretary con- cerned’’ means— H. R. 2617—1120 (A) the Secretary; or (B) the Secretary of Agriculture, acting through the Chief of the Forest Service.
(b) CADASTRE OF FEDERAL REAL PROPERTY.— (1) INTERAGENCY DATA STANDARDIZATION.—Not later than 18 months after the date of enactment of this Act, the Secre- taries concerned shall jointly develop and adopt interagency standards to ensure compatibility and interoperability among applicable Federal databases with respect to the collection and dissemination of data relating to Federal real property.
(2) DEVELOPMENT OF CADASTRE.—Not later than 2 years after the date of enactment of this Act, the Secretaries con- cerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multi- purpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land manage- ment activities on Federal real property, including— (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property.
(3) CONSOLIDATION AND REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretaries con- cerned shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing— (A) the existing real property inventories or any compo- nents of any cadastre of Federal real property currently authorized by law or maintained by the Secretary con- cerned, including— (i) the statutory authorization for each existing real property inventory or component of a cadastre; and (ii) the amount expended by the Federal Govern- ment for each existing real property inventory or component of a cadastre in fiscal year 2022; (B) the existing real property inventories or any compo- nents of any cadastre of Federal real property currently authorized by law or maintained by the Secretary con- cerned that will be eliminated or consolidated into the multipurpose cadastre under paragraph (2); (C)(i) the existing real property inventories or any components of any cadastre of Federal real property cur- rently authorized by law or maintained by the Secretary concerned that will not be eliminated or consolidated into the multipurpose cadastre under paragraph (2); and (ii) a justification for not eliminating or consolidating an existing real property inventory or component of a cadastre described in clause (i) into the multipurpose cadastre under paragraph (2); (D) the use of existing real property inventories or any components
 of any cadastre currently maintained by any unit of State or local government that can be used to identify Federal real property within that unit of govern- ment; H. R. 2617—1121 (E) the cost savings that will be achieved by elimi- nating or consolidating duplicative or unneeded real prop- erty inventories or any components of any cadastre of Fed- eral real property currently authorized by law or main- tained by the Secretary concerned that will become part of the multipurpose cadastre under paragraph (2); (F) a plan for the implementation of this section, including a cost estimate and an assessment of the feasi- bility of using revenue from any transactional activity authorized by law to offset any costs of implementing this section; and (G) recommendations for any legislation necessary to increase the cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating Federal real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned.
(4) COORDINATION.— (A) IN GENERAL.—In carrying out this section, the Sec- retaries concerned shall— (i) participate (in accordance with section 216 of the E-Government Act of 2002 (44 U.S.C.

3501 note; Public Law 107–347) and section 757 of the Geospatial Data Act of 2018 (43 U.S.C.
2806)) in the establishment of such standards and common protocols as are nec- essary to ensure the interoperability of geospatial information pertaining to the cadastre under para- graph (2) for all users of the information; (ii) coordinate with, seek assistance and coopera- tion of, and provide liaison to the Federal Geographic Data Committee established by section 753(a) of the Geospatial Data Act of 2018 (43 U.S.C.
2802(a)) for the implementation of and compliance with such stand- ards and requirements of that Act as may be applicable to— (I) the cadastre under paragraph (2); and (II) any aspect of the development of the cadastre under paragraph (2); (iii) integrate, or make the cadastre interoperable with, the Federal Real Property Profile or other inven- tories established pursuant to Executive Order 13327 (40 U.S.C.
121 note; relating to Federal real property asset management), the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C.

1303 note; Public Law 114–287), or the Federal Property Management Reform Act of 2016 (Public Law 114–318; 130 Stat.

1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government.
(B) CONTRACTS CONSIDERED SURVEYING AND MAP- PING.— (i) IN GENERAL.—A contract between the Secre- taries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract H. R. 2617—1122 for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code).
(ii) SELECTION PROCEDURES.—A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40, United States Code.

(c) TRANSPARENCY AND PUBLIC ACCESS.—The Secretary con- cerned shall— (1) in accordance with any requirements applicable to the Secretary concerned under section 759 of the Geospatial Data Act of 2018 (43 U.S.C.
2808), make the cadastre under sub- section (b)(2) publicly available on the internet— (A) in a graphically geo-enabled and searchable format; and (B) in a manner that is consistent with, and meets any requirements for integration with, the GeoPlatform established under section 758(a) of that Act (43 U.S.C.
2807(a)); (2) ensure that the inventory referred to in subsection (b) includes the identification of all land suitable for disposal and the appraised value of the land, if an appraisal has been conducted, in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1701 et seq.
1701 et seq.

); and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States.
(d) APPLICABLE LAW.—Any data that is part of the cadastre developed under subsection (b)(2) shall be— (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C.

2801 et seq.

); and (2) subject to the requirements of that Act.
(e) EFFECT.—Nothing in this section— (1) creates any substantive or procedural right or benefit; or (2) requires or authorizes— (A) any new surveying or mapping of Federal real property; (B) the evaluation of any parcel of land or other real property for potential management by a non-Federal entity; (C) the disposal of any Federal real property; or (D) any new appraisal or assessment of— (i) the value of any parcel of Federal land or other real property; or (ii) the cultural and archaeological resources on any parcel of Federal land or other real property.
SEC.

104.

SALE OR LEASE OF LAND TO FEDERALLY RECOGNIZED INDIAN TRIBES UNDER THE RECREATION AND PUBLIC PURPOSES ACT.

(a) APPLICATION; ACREAGE LIMITATIONS.—The first section of the Act of June 14, 1926 (commonly known as the ‘‘Recreation and Public Purposes Act’’) (44 Stat.

741, chapter 578; 68 Stat.

174, chapter 263; 43 U.S.C.
869), is amended— (1) in subsection (a)— H. R. 2617—1123 (A) in the first sentence— before ‘‘Territory,’’; and (i) by inserting ‘‘federally recognized Indian Tribe,’’ (ii) by inserting ‘‘Tribal,’’ before ‘‘Territorial,’’; and (B) in the second sentence, by inserting ‘‘, Tribal,’’ (A) by striking ‘‘(i) For recreational’’ and inserting the before ‘‘or local authority’’; (2) in subsection (b)— following: ‘‘(1) For recreational’’; the following: ‘‘(2) For public purposes’’; at the end the following: acres.’’; and at the end the following: acres.’’; and (3) in subsection (c)— (B) by striking ‘‘(ii) For public purposes’’ and inserting (C) in paragraph (1) (as so designated), by adding ‘‘(D) To any federally recognized Indian Tribe, 6,400 (D) in paragraph (2) (as so designated), by adding ‘‘(D) To any federally recognized Indian Tribe, 640 (A) in the second sentence, by striking ‘‘States and counties and to State and Federal’’ and inserting ‘‘States, federally recognized Indian Tribes, and counties and to State, Tribal, Territorial, and Federal’’; and (B) in the last sentence, by striking ‘‘, except for a use authorized under the Act of June 1, 1938 (52 Stat.
609; 43 U.S.C., sec.

682a), as amended’’.

(b) CONVEYANCE.—Section 2 of the Act of June 14, 1926 (com- monly known as the ‘‘Recreation and Public Purposes Act’’) (44 Stat.

741, chapter 578; 43 U.S.C.


869–1), is amended— (1) by inserting ‘‘, federally recognized Indian Tribe’’ before ‘‘, Territory’’ each place it appears; (2) by inserting ‘‘Tribal,’’ before ‘‘Territorial,’’ each place it appears; and (3) by inserting ‘‘federally recognized Indian Tribe or’’ before ‘‘municipal corporation’’ each place it appears.

TITLE II—FOREST SERVICE PROVISIONS SEC.

201.

ADMINISTRATION OF THE LAND BETWEEN THE LAKES NATIONAL RECREATION AREA.
(a) DEFINITIONS.—Section 502 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll) is amended— (1) by redesignating paragraphs (11) through (15) as para- graphs (12) through (16), respectively; and (2) by inserting after paragraph (10) the following: ‘‘(11) QUALIFIED RESIDENT OR RELATIVE.—The term ‘quali- fied resident or relative’ means— ‘‘(A) a former resident of the area within the Recreation Area or the spouse of a former resident of that area; or ‘‘(B) a widow, widower, or lineal descendant of an indi- vidual buried in a cemetery located in the Recreation Area.’’.
H. R. 2617—1124 (b) ESTABLISHMENT.—Section 511(b) of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.

460lll–11(b)) is amended by striking paragraph (3) and inserting the following: ‘‘(3) STATUS OF UNIT.—The Secretary shall administer the Recreation Area as a separate unit of the National Forest System.’’.

(c) ADVISORY BOARD.—Section 522 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll–22) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking ‘‘17’’ and inserting ‘‘13’’; (B) by striking paragraphs (4) and (5); (C) in paragraph (3), by adding ‘‘and’’ after the semi- colon at the end; and (D) by redesignating paragraph (6) as paragraph (4); (2) in subsection (c), by striking paragraph (2) and inserting the following: ‘‘(2) NONCONSECUTIVE TERMS.—Members of the Advisory Board may serve multiple terms, but may not serve consecutive terms.’’; (3) in subsection (f)— (A) in the matter preceding paragraph (1), by striking ‘‘may advise’’ and inserting ‘‘shall advise’’; (B) in paragraph (1), by striking ‘‘and’’ after the semi- colon at the end; (C) in paragraph (2), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ‘‘(3) an annual work plan for recreation and environment education areas in the Recreation Area, including the heritage program, with the nonappropriated amounts in the Land Between the Lakes Management Fund; ‘‘(4) an annual forest management and harvest plan for the Recreation Area; and ‘‘(5) the Land Between the Lakes Management Fund.’’; and (4) in subsection (g)— (A) in paragraph (1), by striking ‘‘biannually’’ and inserting ‘‘twice each year’’; (B) in paragraph (3), by inserting ‘‘, on a public website of the Department of Agriculture,’’ before ‘‘and by’’; and (C) by adding at the end the following: ‘‘(4) MINUTES.—The Secretary shall publish the minutes of each meeting of the Advisory Board on a public website of the Department of Agriculture.’’.
(d) FEES.—Section 523(a) of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.

460lll–23(a)) is amended by striking ‘‘may charge reasonable fees’’ and inserting ‘‘shall charge reasonable fees, in consultation with the Advisory Board and con- sistent with the Federal Lands Recreation Enhancement Act (16 U.S.C.

6801 et seq.),’’.

(e) DISPOSITION OF RECEIPTS.—Section 524 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll–24) is amended by striking subsection (b) and inserting the following: ‘‘(b) USE.—Amounts in the Land Between the Lakes Manage- ment Fund shall be available to the Secretary until expended, H. R. 2617—1125 without further appropriation, for construction, improvement, or maintenance in the Recreation Area.
‘‘(c) RESTRICTION ON USE OF FUND.—Except as provided in subsection (b), amounts in the Land Between the Lakes Manage- ment Fund shall not be used for management of the Recreation Area, including salaries and expenses.’’.

(f) COOPERATIVE AUTHORITIES AND GIFTS.—Section 526 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll– 26) is amended by adding at the end the following: ‘‘(c) MEMORANDA OF UNDERSTANDING.—The Secretary may, for purposes of carrying out this Act— ‘‘(1) enter into memoranda of understanding with State or local government entities, including law enforcement, as appropriate, to clarify jurisdictional matters, such as road management, policing, and other functions that are typically performed by the entity on non-Federal land; and ‘‘(2) make available on a public website of the Department of Agriculture any memoranda of understanding entered into under paragraph (1).’’.
(g) CEMETERIES.—Section 528 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll–28) is amended— (1) by striking ‘‘The Secretary’’ and inserting the following: ‘‘(a) IN GENERAL.—The Secretary’’; and (2) by adding at the end the following: ‘‘(b) LAND FOR PLOTS FOR QUALIFIED RESIDENTS OR REL- ATIVES.— ‘‘(1) REQUESTS.—The Secretary, on request from a qualified resident or relative or a cemetery association, shall grant addi- tional land for the minor expansion of existing cemeteries within the Recreation Area, to the extent necessary, to allow for the burial of qualified residents or relatives.
‘‘(2) EXPENSES.—Any expenses required to move border fences or markers due to an expansion under paragraph (1) shall be the responsibility of the person making the request under that paragraph.’’.

(h) RESOURCE MANAGEMENT.—Section 529 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll–29) is amended by adding at the end the following: ‘‘(c) HISTORICAL RESOURCES.— ‘‘(1) IN GENERAL.—The Secretary shall identify and manage the historical resources of the Recreation Area— ‘‘(A) in accordance with the requirements of division A of subtitle III of title 54, United States Code (formerly known as the ‘National Historic Preservation Act’); and ‘‘(B) in consultation with qualified residents or rel- atives.
‘‘(2) CONSIDERATION.—The Secretary shall— ‘‘(A) in accordance with applicable law, give consider- ation to requests by qualified residents or relatives to use and maintain traditional sites, buildings, cemeteries, and other areas of cultural importance in the Recreation Area; and ‘‘(B) consult with qualified residents or relatives in the management of the historical resources of the Recre- ation Area.’’.
H. R. 2617—1126 (i) AUTHORIZATION OF APPROPRIATIONS.—Section 551 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll– 61) is amended— (1) in subsection (a)(2), by striking ‘‘Recreation Area area’’ and inserting ‘‘Recreation Area’’; and (2) by striking subsection (c) and inserting the following: ‘‘(c) USE OF FUNDS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary of Agriculture may expend amounts appropriated to carry out this title in a manner consistent with the authori- ties exercised by the Tennessee Valley Authority before the transfer of the Recreation Area to the administrative jurisdic- tion of the Secretary of Agriculture, including campground management and visitor services, paid advertisement, and procurement of food and supplies for resale purposes.
‘‘(2) EXCEPTION.—The Secretary of Agriculture shall not use amounts appropriated to carry out this title for an activity described in section 524(b).’’.

SEC.

202.

HAWAII NATIONAL FOREST STUDY.

(a) DEFINITIONS.—In this section: (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(2) STUDY AREA.—The term ‘‘study area’’ means the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai in the State of Hawaii.
(b) STUDY.— (1) IN GENERAL.—The Secretary shall conduct a study— (A) to determine the suitability and feasibility of estab- lishing a unit of the National Forest System in the study area; and (B) to identify available land within the study area that could be included in the unit described in subpara- graph (A).
(2) COORDINATION AND CONSULTATION.—In conducting the study under paragraph (1), the Secretary shall— (A) coordinate with the Hawaii Department of Land and Natural Resources; and (B) consult with the Hawaii Department of Agriculture and other interested governmental entities, private and nonprofit organizations, and any interested individuals.
(3) CONTENTS.—In conducting the study under paragraph (1), the Secretary shall— (A) consider unique vegetation types that occur in the study area and that should be targeted for inclusion in the unit of the National Forest System described in para- graph (1)(A); (B) evaluate the ability of the Secretary— (i) to improve and protect forest areas within the study area; and (ii) to secure favorable water flows within the study area; (C) determine whether the unit of the National Forest System described in paragraph (1)(A) would expand, enhance, or duplicate— (i) resource protection; and (ii) visitor-use opportunities; H. R. 2617—1127 (D) consider parcels of an appropriate size or location to be capable of economical administration as part of the National Forest System separately or jointly with the other land identified under paragraph (1)(B); (E) evaluate the willingness of landowners to sell or transfer land in the study area to the Secretary; (F) evaluate the suitability of land in the study area for potential selection and designation as a research natural area or an experimental forest; (G) identify cost estimates for any Federal acquisition, development, operation, and maintenance that would be needed to establish the unit of the National Forest System described in paragraph (1)(A); and (H) consider other alternatives for the conservation, protection, and use of areas within the study area by the Federal Government, State or local government entities, or private and nonprofit organizations.
(c) EFFECT.—Nothing in this section authorizes the Secretary to take any action that would affect the use of any land owned by the United States or not owned by the United States.
(d) REPORT.—Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the results of the study; and (2) any conclusions and recommendations of the Secretary.

TITLE III—LAND CONVEYANCES AND EXCHANGES SEC.

301.

GILT EDGE MINE CONVEYANCE.


(a) DEFINITIONS.—In this section (1) FEDERAL LAND.—The term ‘‘Federal land’’ means all right, title, and interest of the United States in and to approxi- mately 266 acres of National Forest System land within the Gilt Edge Mine Superfund Boundary, as generally depicted on the map.

(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Gilt Edge Mine Conveyance Act’’ and dated August 20, 2020.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(4) STATE.—The term ‘‘State’’ means State of South Dakota.

(b) LAND CONVEYANCE.— (1) IN GENERAL.—Subject to the terms and conditions described in this section, if the State submits to the Secretary an offer to acquire the Federal land for the market value, as determined by the appraisal under paragraph (3), the Sec- retary shall convey the Federal land to the State.
(2) TERMS AND CONDITIONS.—The conveyance under para- graph (1) shall be— (A) subject to valid existing rights; (B) made by quitclaim deed; and (C) subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States.

(3) APPRAISAL.— H. R. 2617—1128 (A) IN GENERAL.—After the State submits an offer under paragraph (1), the Secretary shall complete an appraisal to determine the market value of the Federal land.
(B) STANDARDS.—The appraisal under subparagraph (A) shall be conducted in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice.

(4) MAP.— (A) AVAILABILITY OF MAP.—The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service.

(B) CORRECTION OF ERRORS.—The Secretary may cor- rect any errors in the map.
(5) CONSIDERATION.—As consideration for the conveyance under paragraph (1), the State shall pay to the Secretary an amount equal to the market value of the Federal land, as determined by the appraisal under paragraph (3).

(6) SURVEY.—The State shall prepare a survey that is satisfactory to the Secretary of the exact acreage and legal description of the Federal land to be conveyed under paragraph (1).
(7) COSTS OF CONVEYANCE.—As a condition on the convey- ance under paragraph (1), the State shall pay all costs associ- ated with the conveyance, including the cost of— (A) the appraisal under paragraph (3); and (B) the survey under paragraph (6).
(8) PROCEEDS FROM THE SALE OF LAND.—Any proceeds received by the Secretary from the conveyance under paragraph (1) shall be available to the Secretary until expended, without further appropriation, for the maintenance and improvement of land or administration facilities in the Black Hills National Forest in the State.

(9) ENVIRONMENTAL CONDITIONS.—Notwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)(3)(A)), the Secretary shall not be required to provide any covenant or warranty for the Federal land conveyed to the State under this section.

SEC.

302.

CONVEYANCES TO THE UNIVERSITY OF ALASKA.

(a) DEFINITIONS.—In this section: (1) AVAILABLE STATE-SELECTED LAND.—The term ‘‘available State-selected land’’ means Federal land in the State that has been selected by the State pursuant to section 6(b) of Public Law 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C.

note prec.
note prec.

21), including land upon which the State has, prior to December 31, 1993, filed a future selection applica- tion under section 906(e) of the Alaska National Interest Lands Conservation Act (43 U.S.C.

1635(e)), but not conveyed or pat- ented to the State, pursuant to Public Law 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C.

note prec.

21).
note prec.

21).

(2) INHOLDING.—The term ‘‘inholding’’ means any interest in land owned by the University within— H. R. 2617—1129 (A) any conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C.

3102)); or (B) any unit of the National Forest System in the State.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Sec- retary, acting through the Director of the Bureau of Land Management.

(4) STATE.—The term ‘‘State’’ means the State of Alaska.
(5) UNIVERSITY.—The term ‘‘University’’ means the Univer- sity of Alaska, acting through the Board of Regents.

(b) ESTABLISHMENT.—The Secretary shall establish a program within the Bureau of Land Management— (1) to identify and convey available State-selected land to the University to support higher education in the State; and (2) to acquire, by purchase or exchange, University-owned inholdings in the State.
(c) IDENTIFICATION OF LAND TO BE CONVEYED TO THE UNIVER- SITY.— (1) IN GENERAL.—Not later than 4 years after the date of enactment of this Act, the State and the University may jointly identify not more than 500,000 acres of available State- selected land for inclusion in the program established under subsection (b), of which not more than 360,000 acres may be conveyed and patented to the University.
(2) TECHNICAL ASSISTANCE.—On the request of the State and the University, the Secretary shall provide technical assist- ance in the identification of available State-selected land for inclusion in the program established under subsection (b).
(3) MAPS.—As soon as practicable after the date on which the available State-selected land is identified under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives 1 or more maps depicting the available State-selected land identified for potential conveyance to the University.
(4) CONVEYANCE.—Subject to paragraph (5), if the State and the University notify the Secretary in writing that the State and the University jointly concur with the conveyance of all or a portion of the available State-selected land identified under paragraph (1), and that the State will conditionally relin- quish the selection rights of the State to the land covered by the notification on the issuance of the land being tentatively approved, and will fully relinquish those selection rights on final patent by the Secretary to the University, the Secretary shall convey the applicable identified available State-selected land to the University, subject to valid existing rights, in the same manner and subject to the same terms, conditions, and limitations as is applicable to the State under section 6(b) of Public Law 85–508 (commonly known as the ‘‘Alaska State- hood Act’’) (48 U.S.C.
note prec.

21) and other applicable law, to be held in trust for the exclusive use and benefit of the University, to be administered in accordance with subsection (e).
(5) TERMS AND CONDITIONS.— H. R. 2617—1130 (A) MAXIMUM ACREAGE.—Subject to subparagraph (C), the Secretary shall convey not more than a total of 360,000 acres of available State-selected land to the University under this subsection, not to exceed the remaining entitle- ment of the State under section 6(b) of Public Law 85– 508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C.

note prec.

21).
note prec.

21).

(B) LETTERS OF CONCURRENCE.—For purposes of para- graph (4) and subject to the maximum acreage limitation under paragraph (1), the State and the University may submit to the Secretary 1 or more joint letters of concur- rence identifying parcels of available State selected land for conveyance as a subset of the total acres to be conveyed under this subsection.
(C) ACREAGE CHARGED AGAINST ALASKA STATEHOOD ACT ENTITLEMENT.—The acreage of land conveyed to the Univer- sity under this subsection shall be charged against the remaining entitlement of the State under section 6(b) of Public Law 85–508 (commonly known as the ‘‘Alaska State- hood Act’’) (48 U.S.C.

note prec.

21).

(D) SURVEY COSTS.—In accordance with Public Law 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C.

note prec.
note prec.

21), the Secretary shall be responsible for the costs of required surveys.

(E) SUBMERGED LANDS.—Lands beneath navigable waters (as defined in section 2 of the Submerged Lands Act (43 U.S.C.

1301)) shall not be available for conveyance to the University under the program established under subsection (b).
(d) UNIVERSITY OF ALASKA INHOLDINGS.— (1) IN GENERAL.—The Secretary or the Secretary of Agri- culture, as appropriate, may acquire by purchase or exchange, with the consent of the University, University-owned inholdings within Federal land in the State.
(2) APPRAISALS.—The value of the land to be exchanged or acquired under this subsection shall be determined by the Secretary or the Secretary of Agriculture, as appropriate, through appraisals conducted— (A) in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice; and (B) by a qualified appraiser mutually agreed to by the Secretary or the Secretary of Agriculture, as appro- priate, and the University.
(3) EQUAL VALUE EXCHANGES.—For any land exchange entered into under this subsection, the Federal land and University-owned inholdings exchanged shall be of equal value.

(4) PURCHASE ACQUISITIONS.—Pursuant to chapter 2003 of title 54, United States Code, amounts in the Land and Water Conservation Fund established by section 200302 of that title may be used for the purchase of University-owned inholdings within Federal land in the State under this sub- section.
(5) REQUIREMENT.—Any land acquired by the United States under this subsection shall be administered in accordance with H. R. 2617—1131 the laws (including regulations) applicable to the conservation system unit or unit of the National Forest System in which the land is located.
(e) ADMINISTRATION OF CONVEYED OR EXCHANGED LAND.—All available State-selected land that is tentatively approved or con- veyed to the University under this section, and all land or assets acquired by the University through an exchange under this section, together with the income therefrom and the proceeds from any dispositions thereof, shall be administered by the University in trust to meet the necessary expenses of higher education programs, similar to prior Federal land grants to the University.
(f) STATE AND UNIVERSITY PARTICIPATION.—Nothing in this sec- tion requires the State or the University— (1) to participate in the program established under sub- section (b); or (2) to enter into sales or exchanges of University-owned inholdings under subsection (d).
(g) CONGRESSIONAL NOTIFICATION.—Not later than 90 days after the date of any conveyance and patent to the University under this section, the Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives of the land conveyed and patented.
(h) NO EFFECT ON ALASKA STATEHOOD ACT ENTITLEMENT.— Except for any available State-selected land conveyed under sub- section (c) and charged against the remaining entitlement of the State under section 6(b) of Public Law 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C.

note prec.
note prec.

21)— (1) the operation of the program established under sub- section (b) shall not diminish or alter the rights of the State to receive the entitlement of the State in any way; and (2) the State may continue to pursue the transfer of the remaining entitlement of the State under section 6(b) of Public Law 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C.

note prec.

21) at any time.

SEC.

303.

BONNEVILLE SHORELINE TRAIL WILDERNESS BOUNDARY ADJUSTMENTS.
(a) WILDERNESS AREA INCLUDED IN MOUNT OLYMPUS WILDER- NESS.— Section 102(a) of the Utah Wilderness Act of 1984 (Public Law 98–428; 98 Stat.

1657; 16 U.S.C.
1132 note) is amended— (1) in paragraph (11), by striking ‘‘and’’ at the end; (2) in paragraph (12), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(13) certain lands in the Uinta-Wasatch-Cache National Forest which comprise approximately 326.27 acres as generally depicted on a map entitled the ‘Bonneville Shoreline Trail Legis- lative Map’ dated July 9, 2020, are, subject to valid existing rights, hereby incorporated as part of the Mount Olympus Wilderness designated under paragraph (3).’’.
(b) WILDERNESS BOUNDARY ADJUSTMENTS.— (1) MOUNT NAOMI WILDERNESS BOUNDARY ADJUSTMENT.— (A) ADJUSTMENT.—Section 102 of the Utah Wilderness Act of 1984 (Public Law 98–428; 98 Stat.

1657; 16 U.S.C.
1657; 16 U.S.C.

1132 note) is amended by adding at the end the following: H. R. 2617—1132 ‘‘(c) MOUNT NAOMI WILDERNESS BOUNDARY ADJUSTMENT.—Cer- tain lands in the Uinta-Wasatch-Cache National Forest which com- prise approximately 11.17 acres as generally depicted on a map entitled the ‘Bonneville Shoreline Trail Legislative Map’, dated July 9, 2020, are hereby removed from the Mount Naomi Wilderness designated under subsection (a)(1).’’.
(B) MANAGEMENT.—The Mount Naomi Wilderness, as designated under section 102(a)(1) of the Utah Wilderness Act of 1984 (Public Law 98–428; 98 Stat.

1658; 16 U.S.C.

1132 note) and adjusted under subparagraph (A), effective beginning on the date of enactment of this Act, shall be managed as part of the Uinta-Wasatch-Cache National Forest.

(2) MOUNT OLYMPUS WILDERNESS BOUNDARY ADJUSTMENT.— (A) ADJUSTMENT.—Section 102 of the Utah Wilderness Act of 1984 (Public Law 98–428; 98 Stat.

1657; 16 U.S.C.
1657; 16 U.S.C.

1132 note), as amended by paragraph (1)(A), is amended by adding at the end the following: ‘‘(d) MOUNT OLYMPUS WILDERNESS BOUNDARY ADJUSTMENT.— Certain lands in the Uinta-Wasatch-Cache National Forest which comprise approximately 197.4 acres as generally depicted on a map entitled the ‘Bonneville Shoreline Trail Legislative Map’, dated July 9, 2020, are hereby removed from the Mount Olympus Wilder- ness designated under subsection (a)(3).’’.
(B) MANAGEMENT.—The Mount Olympus Wilderness, as designated under section 102(a)(3) of the Utah Wilder- ness Act of 1984 (Public Law 98–428; 98 Stat.

1658; 16 U.S.C.

1132 note) and adjusted under subparagraph (A), effective beginning on the date of enactment of this Act, shall be managed as part of the Uinta-Wasatch-Cache National Forest.

(3) TWIN PEAKS WILDERNESS BOUNDARY ADJUSTMENT.— (A) ADJUSTMENT.—Section 102 of the Utah Wilderness Act of 1984 (Public Law 98–428; 98 Stat.

1657; 16 U.S.C.
1657; 16 U.S.C.

1132 note), as amended by paragraphs (1) and (2), is amended by adding at the end the following: ‘‘(e) TWIN PEAKS WILDERNESS BOUNDARY ADJUSTMENT.—Cer- tain lands in the Uinta-Wasatch-Cache National Forest which com- prise approximately 9.8 acres as generally depicted on a map enti- tled the ‘Bonneville Shoreline Trail Legislative Map’, dated July 9, 2020, are hereby removed from the Twin Peaks Wilderness designated under subsection (a)(4).’’.
(B) MANAGEMENT.—The Twin Peaks Wilderness, as designated under section 102(a)(4) of the Utah Wilderness Act of 1984 (Public Law 98–428; 98 Stat.

1658; 16 U.S.C.

1132 note) and adjusted under subparagraph (A), effective beginning on the date of enactment of this Act, shall be managed as part of the Uinta-Wasatch-Cache National Forest.

(4) LONE PEAK WILDERNESS BOUNDARY ADJUSTMENT.— (A) ADJUSTMENT.—Section 2 of the Endangered Amer- ican Wilderness Act of 1978 (Public Law 95–237; 92 Stat.

42; 16 U.S.C.
1132 note) is amended— (i) in subsection (j), by striking ‘‘and’’ at the end; (ii) in subsection (k), by striking the period at the end and inserting ‘‘; and’’; and (iii) by adding at the end the following: H. R. 2617—1133 ‘‘(l) certain lands in the Uinta-Wasatch-Cache National Forest, Utah, which comprise approximately 107.9 acres as generally depicted on a map entitled the ‘Bonneville Shoreline Trail Legisla- tive Map’, dated July 9, 2020, are hereby removed from the Lone Peak Wilderness Area designated under subsection (i).’’.
(B) MANAGEMENT.—The Lone Peak Wilderness Area, as designated under section 2(i) of the Endangered Amer- ican Wilderness Act of 1978 (Public Law 95–237; 92 Stat.

42; 16 U.S.C.

1132 note) and adjusted under subparagraph (A), effective beginning on the date of enactment of this Act, shall be managed as part of the Uinta-Wasatch-Cache National Forest.
(c) RULE OF CONSTRUCTION.—Nothing in this section or the amendments made by this section— (1) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water; (2) affects any water right (as defined by applicable State law) in existence on the date of enactment of this Act, including any water right held by the United States; (3) affects any interstate water compact in existence on the date of enactment of this Act; or (4) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.
(d) MAP.— (1) MAP ON FILE.—The map entitled the ‘‘Bonneville Shore- line Trail Legislative Map’’, dated July 9, 2020, shall be on file and available for inspection in the office of the Chief of the Forest Service.

(2) CORRECTIONS.—The Secretary of Agriculture may make technical corrections to the map described in paragraph (1).

SEC.

304.

ARIZONA EXPERIMENT STATION LAND CONVEYANCE.


(a) DEFINITIONS.—In this section: (1) EASEMENT.—The term ‘‘easement’’ means an easement to access and use Forest Service Road 9201D from its junction with Forest Service Road 0618 (commonly known as ‘‘Beaver Creek’’).
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the approximately 13.3 acres of National Forest System land within the Coconino National Forest in the State of Arizona, as gen- erally depicted on the map entitled ‘‘Act to Convey Certain NFS Land and non-Federal Land in Arizona Winter Quarters’’ and dated June 20, 2019.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.
(4) UNIVERSITY.—The term ‘‘University’’ means the Arizona Board of Regents, acting on behalf of the University of Arizona Experiment Station.
(b) COCONINO NATIONAL FOREST LAND CONVEYANCE.— (1) CONVEYANCE AUTHORIZED.—Subject to this subsection, if the University submits to the Secretary not later than 180 days after the date of enactment of this Act a written request to acquire the Federal land for market value, as determined by the appraisal conducted under paragraph (4), the Secretary H. R. 2617—1134 shall, not later than 1 year after the date of enactment of this Act, convey to the University all right, title, and interest of the United States in and to that land, including related infrastructure, improvements, and easements on that land.
(2) TERMS AND CONDITIONS.—The conveyance authorized under paragraph (1) shall be— (A) subject to valid existing rights; (B) notwithstanding any other provision of law; and (C) subject to any other terms and conditions as consid- ered appropriate by the Secretary.
(3) FOREST SERVICE ACCESS.—The Secretary shall retain all other rights not included in the conveyance authorized under paragraph (1) to Forest Service Road 9201D from its junction with Forest Service Road 0618 (commonly known as ‘‘Beaver Creek’’), including the maintenance of, and continued adminis- trative access to, that road.
(4) APPRAISAL.— (A) IN GENERAL.—Not later than 90 days after the date on which the University submits a written request under paragraph (1), the Secretary shall complete an appraisal to determine the market value of the Federal land.

(B) STANDARDS.—The appraisal under subparagraph (A) shall be conducted in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice.

SEC.

305.
SEC.

305.

WIND RIVER ADMINISTRATIVE SITE CONVEYANCE.

(a) DEFINITIONS.—In this section: (1) COUNTY.—The term ‘‘County’’ means Skamania County, Washington.

(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Wind River Administrative Site Conveyance Proposal’’ and dated July 7, 2020.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(b) CONVEYANCE OF LAND AND IMPROVEMENTS.—If the County submits a written request to the Secretary not later than 180 days after the date of enactment of this Act, the Secretary shall, not later than 2 years after the date of the enactment of this Act, convey to the County all right, title, and interest of the United States in and to the approximately 23.4 acres of National Forest System land, related infrastructure, and all improvements, as gen- erally depicted as ‘‘proposed conveyance’’ on the map.
(c) MAP.— (1) AVAILABILITY OF MAP.—The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service.

(2) CORRECTION OF ERRORS.—The Secretary may correct minor errors in the map.
(d) TERMS AND CONDITIONS.— (1) IN GENERAL.—The conveyance under subsection (b) shall be— (A) subject to valid existing rights; H. R. 2617—1135 (B) notwithstanding any other provision of law, made without consideration; (C) made by quitclaim deed; (D) subject to a right-of-way and restrictive easement reservation of a width to be determined by the Secretary, for the protection of the Pacific Crest National Scenic Trail; (E) completed in accordance with the Forest Service Facility Realignment and Enhancement Act of 2005 (16 U.S.C.
580d note; Public Law 109–54), except that sub- sections (b) and (c) of section 504 of that Act shall not apply; (F) subject to right-of-way reservations made pursuant to section 507 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1767); (G) subject to the County managing a portion of the land conveyed under subsection (b) for public recreational purposes; (H) subject to the County retaining ownership of the land conveyed under subsection (b) in perpetuity; and (I) subject to any other terms and conditions as the Secretary determines appropriate.
(2) REVERSION.—The land conveyed under subsection (b) shall, at the discretion of the Secretary, revert to the United States if— (A) the land is used in a manner that is inconsistent with the use described in paragraph (1)(G); or (B) the County attempts to dispose of the land.

(e) FEDERAL PROPERTY DISPOSAL.—Chapter 5 of subtitle I of title 40, United States Code, shall not apply to the conveyance under subsection (b).
(f) HAZARDOUS MATERIALS.—With respect to the conveyance under subsection (b), the Secretary— (1) shall meet disclosure requirements for hazardous sub- stances, pollutants, or contaminants under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9620(h)); and (2) shall not otherwise be required to remediate or abate the hazardous substances, pollutants, or contaminants disclosed pursuant to paragraph (1).
(g) CLOSING COSTS.—As a condition for the conveyance under subsection (b), the County shall pay all closing costs associated with the conveyance, including for— (1) title insurance and title search; and (2) any applicable inspection fees, escrow fees, attorneys’ fees, and recording fees.

(h) SURVEY.— (1) IN GENERAL.—The exact acreage and legal description of the National Forest System land to be conveyed under sub- section (b) shall be determined by a survey satisfactory to the Secretary.
(2) COSTS OF SURVEY.—The Secretary may bear all costs associated with the survey under paragraph (1).

(i) USE OF LAND.— (1) IN GENERAL.—The land and related infrastructure con- veyed under subsection (b) shall be maintained by the County pursuant to standards established by the Secretary of the Interior under section 306101 of title 54, United States Code.
H. R. 2617—1136 (2) REVERSION.—If any portion of the land conveyed under subsection (b) is used in a manner that is inconsistent with the use described in paragraph (1), the land shall, at the discretion of the Secretary, revert to the United States.

SEC.

306.

RIGHT-OF-WAY PERMIT FOR NATURAL GAS DISTRIBUTION MAIN SEGMENT AT VALLEY FORGE NHP.
(a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may issue a right-of-way permit pursuant to part 14 of title 36, Code of Federal Regulations (as in effect on the date of the enactment of this Act), for the covered main segment if the covered main segment is relocated to a proposed realignment of Valley Forge Park Road and North Gulph Road within the Park.
(b) SCOPE OF AUTHORITY.—The authority to grant a right- of-way permit under subsection (a) shall apply only to the covered main segment and shall not apply to any other part of the natural gas distribution main system or any other pipeline system within the Park.
(c) DEFINITIONS.—In this section: (1) COVERED MAIN SEGMENT.—The term ‘‘covered main seg- ment’’ means the portions of the natural gas distribution main (including all appurtenances used in the operation of such main) within the Park— (A) existing on the date of the enactment of this Act; and (B) that are located under, along, or adjacent to the segments of North Gulph Road and Valley Forge Park Road (SR3039 and SR0023 respectively, as those roads were aligned on January 21, 2022) that are between— (i) the intersection of North Gulph Road with Rich- ards Road; and (ii) a point on Valley Forge Park Road located 500 feet northwest of its intersection with County Line Road.
(2) PARK.—The term ‘‘Park’’ means Valley Forge National Historical Park.

TITLE IV—WILD AND SCENIC RIVER DESIGNATIONS SEC.

401.

DESIGNATION OF YORK WILD AND SCENIC RIVER, MAINE.

(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following: ‘‘(231) YORK RIVER, MAINE.—The following segments of the main stem and tributaries (including portions of Bass Cove Creek, Cider Hill Creek, Cutts Ridge Brook, Dolly Gordon Brook, Libby Brook, Rogers Brook, and Smelt Brook) in the State of Maine, totaling approximately 30.8 miles, to be administered by the Secretary of the Interior, as a recreational river: ‘‘(A) The approximately 0.95-mile segment of Bass Cove Creek from the outlet of Boulter Pond in York, Maine, and extending downstream to the confluence with the York River in York, Maine.
H. R. 2617—1137 ‘‘(B) The approximately 3.77-mile segment of Cider Hill Creek from the Middle Pond dam in York, Maine, and extending downstream to the confluence with the York River in York, Maine.

‘‘(C) The approximately 2.15-mile segment of Cutts Ridge Brook from the headwaters in Kittery, Maine, and extending downstream to the confluence with the York River in York, Maine.
‘‘(D) The approximately 3.17-mile segment of Dolly Gordon Brook from the headwaters in York, Maine, and extending downstream to the confluence with the York River in York, Maine.

‘‘(E) The approximately 1.65-mile segment of Libby in Kittery, Maine, and Brook from the headwaters extending downstream to the confluence with Dolly Gordon Brook in York, Maine.
‘‘(F) The approximately 2.43-mile segment of Rogers Brook from the headwaters in Eliot, Maine, and extending downstream to the confluence with the York River in York, Maine.

‘‘(G) The approximately 4.54-mile segment of Smelt Brook from the Bell Marsh Reservoir dam in York, Maine, and extending downstream to the confluence with the York River in York, Maine.
‘‘(H) The approximately 12.14-mile segment of the York River from the outlet of York Pond in Eliot, Maine, and extending downstream to the Route 103 Bridge in York, Maine, including Barrell Mill Pond in York, Maine.’’.

(b) MANAGEMENT OF YORK WILD AND SCENIC RIVER, MAINE.— (1) DEFINITIONS.—In this subsection: (A) COVERED SEGMENT.—The term ‘‘covered segment’’ means a river segment designated by paragraph (231) of section 3(a) of the of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as added by subsection (a)).

(B) STATE.—The term ‘‘State’’ means the State of Maine.

(C) STEWARDSHIP COMMITTEE.—The term ‘‘Stewardship Committee’’ means the York River Stewardship Committee.

(D) STEWARDSHIP PLAN.—The term ‘‘stewardship plan’’ means the plan entitled the ‘‘York River Watershed Stewardship Plan’’, dated August 2018, and developed pursuant to the study described in section 5(b)(21) of the Wild and Scenic Rivers Act (16 U.S.C.

1276(b)(21)).
1276(b)(21)).

(2) STEWARDSHIP PLAN.— (A) IN GENERAL.—The Secretary shall manage the cov- ered segments in accordance with— (i) the stewardship plan; and (ii) any amendments to the stewardship plan that— (I) the Secretary determines are consistent with this section; and (II) are approved by the Stewardship Com- mittee.
(B) COMPREHENSIVE PLAN.—The stewardship plan shall be considered to satisfy the require- ments for a comprehensive management plan under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.

1274(d)).

MANAGEMENT H. R. 2617—1138 (3) COORDINATION WITH COMMITTEE.—The Secretary shall coordinate the management responsibilities of the Secretary under this section and the amendments made by this section with the Stewardship Committee, as provided in the steward- ship plan.
(4) COOPERATIVE AGREEMENTS.— (A) IN GENERAL.—To provide for the long-term protec- tion, preservation, and enhancement of the covered seg- ments, the Secretary may enter into cooperative agree- ments pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C.

1281(e), 1282(b)(1)) with— (i) the State; (ii) the towns of Eliot, Kittery, South Berwick, and York in the State; and (iii) appropriate local, regional, or State planning, environmental, or recreational organizations.
(B) CONSISTENCY.—Each entered into under this paragraph— cooperative agreement (i) shall be consistent with the stewardship plan; and (ii) may include provisions for Federal financial or other assistance.
(5) LAND MANAGEMENT.— (A) ZONING ORDINANCES.—For the purposes of the cov- ered segments, the zoning ordinances adopted by the towns described in paragraph (4)(A)(ii), including any provisions for the conservation of floodplains, wetlands, and water- courses associated with the covered segments, shall be considered to satisfy the requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.

1277(c)).
1277(c)).

(B) ACQUISITION OF LAND.—The authority of the Sec- retary to acquire land for the purposes of the covered segments shall be— (i) limited to acquisition by donation or acquisition with the consent of the owner of the land; and (ii) subject to the additional criteria provided in the stewardship plan.

(C) NO CONDEMNATION.—No land or interest in land within the watersheds of the covered segments may be acquired by condemnation.
(6) RELATION TO THE NATIONAL PARK SYSTEM.—Notwith- standing section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.

1281(c)), the covered segments shall not be— (A) administered as a unit of the National Park System; or (B) subject to applicable to the National Park System.

laws the (including regulations) SEC.

402.

DESIGNATION OF HOUSATONIC WILD AND SCENIC RIVER, CONNECTICUT.

(a) AMENDMENTS TO WILD AND SCENIC RIVERS ACT.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as amended by section 401(a)) is amended by adding at the end the following: ‘‘(232) HOUSATONIC RIVER, CONNECTICUT.— H. R. 2617—1139 ‘‘(A) IN GENERAL.—The following segments of the Housatonic River in the State of Connecticut, to be adminis- tered by the Secretary of the Interior: ‘‘(i) The approximately 14.9-mile segment from the Massachusetts-Connecticut boundary to the covered bridge in West Cornwall, as a scenic river.
‘‘(ii) The approximately 4.1-mile segment from the covered bridge in West Cornwall to the Cornwall Bridge, as a recreational river.

‘‘(iii) The approximately 9.1-mile segment from the Cornwall Bridge to the Route 341 bridge in Kent, as a scenic river.

‘‘(iv) The approximately 12.2-mile segment from the Route 341 bridge in Kent to the Boardman Bridge in New Milford, as a recreational river.
‘‘(B) EFFECTS ON HYDROELECTRIC FACILITIES.—The des- ignation of the river segments in subparagraph (A) shall not— ‘‘(i) impact or alter the existing terms of permit- ting, licensing, or operation of— ‘‘(I) the Falls Village Hydroelectric Generating Station located in Falls Village, Connecticut (FERC P–2576); or ‘‘(II) the Bulls Bridge Hydroelectric Generating Station located in New Milford, Connecticut (FERC P–2576); or ‘‘(ii) preclude the Federal Energy Regulatory Commission from licensing, relicensing, or otherwise authorizing the operation or continued operation of the facilities named in clause (i).’’.
(b) MANAGEMENT.— (1) PROCESS.—The Housatonic River segments shall be managed in accordance with— (A) the Management Plan; and (B) such amendments to the Management Plan as the Secretary determines are consistent with this section and the Wild and Scenic Rivers Act (16 U.S.C.

1271 et seq.).

(2) COMPREHENSIVE MANAGEMENT PLAN.—The Management Plan shall be considered to satisfy the requirements for a comprehensive management plan under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.

1274(d)).
1274(d)).

(3) COOPERATIVE MANAGEMENT.— (A) IN GENERAL.—To provide for long-term protection, preservation, and enhancement of the Housatonic River segments, the Secretary shall coordinate management responsibilities under this section, and may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e) and 1282(b)(1)), with— (i) the State of Connecticut; (ii) the towns of Sharon, Canaan, Cornwall, Salis- bury, New Milford, Kent, and North Canaan, Con- necticut; and (iii) appropriate planning, environmental, and rec- reational organizations, including— (I) local, regional, State, and multistate organizations; and H. R. 2617—1140 (II) any other appropriate organizations, as determined by the Housatonic River Commission, or its successor organization, as defined in the Management Plan.
(B) COOPERATIVE AGREEMENTS.—Each cooperative agreement entered into under this paragraph shall be con- sistent with the Management Plan and may include provi- sions for financial or other assistance from the United States.

(4) ZONING ORDINANCES.—For the Housatonic River segments, the zoning ordinances adopted by the municipalities named in paragraph (3)(A)(ii) shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.

1277(c)).
1277(c)).

(5) ACQUISITION OF LANDS.—The authority of the Secretary to acquire land for the Housatonic River segments shall be— (A) limited to acquisition by donation or acquisition the purposes of with the consent of the owner thereof; and (B) subject to the additional criteria set forth in the Management Plan.

(6) NO CONDEMNATION.—No land or interest in land may be acquired for the Housatonic River segments by condemna- tion.
(7) RELATION TO THE NATIONAL PARK SYSTEM.—Notwith- standing section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.

1281(c)), the Housatonic River segments shall not be— (A) administered as a part or unit of the National Park System; or (B) subject to regulations that govern the National Park System.

(8) DEFINITIONS.—In this subsection: (A) MANAGEMENT PLAN.—The term ‘‘Management Plan’’ means the Housatonic River Management Plan, dated September 2006.
(B) HOUSATONIC term ‘‘Housatonic River segments’’ means the river segments designated by the amendments made by subsection(a).

SEGMENTS.—The RIVER SEC.

403.

DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEG- MENTS, LITTLE MANATEE RIVER, FLORIDA.

(a) IN GENERAL.—Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(a)) is amended by adding at the end the following: ‘‘(145) LITTLE MANATEE RIVER, FLORIDA.—The approxi- mately 50-mile segment beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but shall not include— ‘‘(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008, and Parcel ID 248100000; and ‘‘(B) South Fork.’’.
(b) STUDY AND REPORT.—Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(b)) is amended by adding at the end the following: H. R. 2617—1141 ‘‘(22) LITTLE MANATEE RIVER, FLORIDA.—Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall— ‘‘(A) complete the study of the Little Manatee River, Florida named in subsection (a)(145); and ‘‘(B) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the study.’’.
(c) EFFECT ON MANAGEMENT.—This section and the amend- ments made by this section shall not interfere with the current management of the area of the Little Manatee River described in paragraph (145) of section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.

1276(a)), nor shall the fact that such area is listed for study under that Act be used as justification for more restrictive management until Congress acts on the study recommendations.

SEC.

404.
SEC.

404.

DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEG- MENTS, KISSIMMEE RIVER, FLORIDA.

(a) IN GENERAL.—Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.

1276(a)) (as amended by section 403(a)) is amended by adding at the end the following: ‘‘(146) KISSIMMEE RIVER, FLORIDA.—The restored segment of the Kissimmee River, beginning approximately 16 miles downstream of Lake Kissimmee and ending approximately 15 miles upstream of Lake Okeechobee.’’.
(b) STUDIES AND REPORTS.—Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(b)) (as amended by section 403(b)) is amended by adding at the end the following: ‘‘(23) KISSIMMEE RIVER, FLORIDA.—Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall— ‘‘(A) complete the study of the Kissimmee River, Florida named in paragraph (146) of subsection (a); and ‘‘(B) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the study.’’.
(c) EFFECT ON MANAGEMENT.—This section and the amend- ments made by this section shall not interfere with the current management of the area of the Kissimmee River described in para- graph (146) of section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.

1276(a)), nor shall the fact that such area is listed for study under that Act be used as justification for more restrictive management until Congress acts on the study recommendations.

TITLE V—NATIONAL TRAILS SYSTEM SEC.

501.


DESIGNATION OF THE CHILKOOT NATIONAL HISTORIC TRAIL.

Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the following: ‘‘(31) CHILKOOT NATIONAL HISTORIC TRAIL.— ‘‘(A) IN GENERAL.—The Chilkoot National Historic Trail, an approximately 16.5-mile route within the Klondike Gold Rush National Historical Park that was traditionally H. R. 2617—1142 used as a trading route by the Tlingit Indian Tribe and Tagish First Nation and as a gold rush route, as generally depicted on the map entitled ‘Proposed Chilkoot National Historic Trail’, numbered KLGO–461–173787, and dated October 2020.
‘‘(B) AVAILABILITY OF MAP.—The map described in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

‘‘(C) ADMINISTRATION.—The Chilkoot National Historic Trail shall be administered by the Secretary of the Interior.

‘‘(D) EFFECT.—The designation of the Chilkoot National Historic Trail shall not affect any authorities under Public Law 94–323 (16 U.S.C.

410bb et seq.).
‘‘(E) COORDINATION OF ACTIVITIES.—The Secretary of the Interior may coordinate with public and nongovern- mental organizations and institutions of higher education in the United States and Canada, Alaska Native Corpora- tions, and, in consultation with the Secretary of State, the Government of Canada and any political subdivisions of the Government of Canada for the purposes of— ‘‘(i) exchanging information and research relating to the Chilkoot National Historic Trail; ‘‘(ii) supporting the preservation of, and edu- cational programs relating to, the Chilkoot National Historic Trail; ‘‘(iii) providing technical assistance with respect to the Chilkoot National Historic Trail; and ‘‘(iv) working to establish an international historic trail incorporating the Chilkoot National Historic Trail that provides for complementary preservation and edu- cation programs in the United States and Canada.’’.
SEC.

502.

ALASKA LONG NATIONAL SCENIC TRAIL STUDY.

Section 5(c) of the National Trails System Act (16 U.S.C.

1244(c)) is amended by adding at the end the following: ‘‘(48) ALASKA LONG TRAIL.— ‘‘(A) IN GENERAL.—The Alaska Long Trail, extending approximately 500 miles from Seward, Alaska, to Fair- banks, Alaska.
‘‘(B) REQUIREMENT.—The Secretary of the Interior (referred to in this paragraph as the ‘Secretary’) shall study the feasibility of designating the trail described in subpara- graph (A), including evaluating the potential impacts of the trail on rights-of-way, existing rights, or other rec- reational uses of the land proposed to be used for the trail.
‘‘(C) CONSULTATION.—The Secretary shall conduct the study under this paragraph in consultation with— ‘‘(i) the Secretary of Agriculture, acting through the Chief of the Forest Service; ‘‘(ii) the State of Alaska; ‘‘(iii) units of local government in the State of Alaska; ‘‘(iv) Alaska Native Corporations; and H. R. 2617—1143 ‘‘(v) representatives of the private sector, including any entity that holds a permit issued by the Federal Energy Regulatory Commission.’’.

SEC.

503.
SEC.

503.

BUCKEYE NATIONAL SCENIC TRAIL FEASIBILITY STUDY.

Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) (as amended by section 502) is amended by adding at the end the following: ‘‘(49) BUCKEYE TRAIL.—The Buckeye Trail, a system of trails creating a loop extending approximately 1,454 miles from Lake Erie to the Ohio River, through the farmland of northwest Ohio, the hills of Appalachia, the Black Hand sandstone cliffs of the Hocking Hills region, and the Bluegrass region of south- west Ohio.’’.

TITLE VI—NATIONAL PARK SERVICE PROVISIONS Subtitle A—Additions to the National Park System SEC.

601.
601.

NEW PHILADELPHIA NATIONAL HISTORIC SITE.

(a) DEFINITIONS.—In this section: (1) HISTORIC SITE.—The term ‘‘historic site’’ means the New Philadelphia National Historic Site established by sub- section (b)(1).

(2) STATE.—The term ‘‘State’’ means the State of Illinois.

(b) ESTABLISHMENT OF NEW PHILADELPHIA NATIONAL HISTORIC SITE.— (1) ESTABLISHMENT.—There is established in the State as a unit of the National Park System the New Philadelphia National Historic Site.
(2) PURPOSE.—The purpose of the historic site is to protect, preserve, and interpret the historic resources associated with the town of New Philadelphia, the first town in the United States planned and legally registered by a free African Amer- ican before the Civil War.
(3) BOUNDARY.—The historic site shall consist of the approximately 124.33 acres of land within the boundary gen- erally depicted as ‘‘Proposed Boundary’’ on the map prepared by the National Park Service entitled ‘‘New Philadelphia National Historic Site Proposed Boundary’’, numbered 591/ 176,516, and dated July 2021.
(c) ADMINISTRATION.— (1) IN GENERAL.—The Secretary shall administer land within the boundary of the historic site in accordance with— (A) this section; and (B) the laws generally applicable to units of the National Park System, including— (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code.
(2) COOPERATIVE AGREEMENTS.— H. R. 2617—1144 into (A) IN GENERAL.—The Secretary may enter cooperative agreements with the State or other public and private entities— (i) to coordinate preservation and interpretation activities within the historic site; and (ii) to identify, interpret, and provide assistance for the preservation and interpretation of non-Federal land within the boundary of the historic site and at sites in close proximity to the historic site that are located outside the boundary of the historic site.
(B) PUBLIC ACCESS.—Any cooperative agreement entered into under subparagraph (A) to provide assistance to non-Federal land shall provide for reasonable public access to the non-Federal land.

(3) ACQUISITION OF LAND.— (A) IN GENERAL.—Subject to subparagraph (B), the Sec- retary may acquire land and interests in land for inclusion in the historic site by— (i) donation; (ii) purchase with donated or appropriated funds; or (iii) exchange.
(B) LIMITATION.—Any land owned by the State or a political subdivision of the State may be acquired for inclu- sion in the historic site only by donation.

(4) TECHNICAL AND PRESERVATION ASSISTANCE.—The Sec- retary may provide public interpretation and technical assist- ance for the preservation of historic structures of, the mainte- nance of the cultural landscape of, and local preservation plan- ning for, related historic and cultural resources within the boundaries of the historic site.
(5) MANAGEMENT PLAN.—Not later than 3 fiscal years after the date on which funds are first made available to carry out this section, the Secretary, in consultation with the State, shall complete a general management plan for the historic site in accordance with— (A) section 100502 of title 54, United States Code; and (B) any other applicable laws.

Subtitle B—Modifications to Existing Units of the National Park System SEC.

611.

SUNSET CRATER VOLCANO NATIONAL MONUMENT BOUNDARY ADJUSTMENT.
(a) DEFINITIONS.—In this section: (1) FEDERAL LAND.—The term ‘‘Federal land’’ means the approximately 97.71 acres of Forest Service land identified as ‘‘Proposed transfer from USDA Forest Service to National Park Service’’ on the Map.

(2) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Sunset Crater Volcano National Monument Draft Proposed Boundary Adjustment’’, numbered 039/80,053d, and dated January 2021.
(3) MONUMENT.—The term ‘‘Monument’’ means the Sunset Crater Volcano National Monument established by Presidential Proclamation 1911 (54 U.S.C.

320301 note; 46 Stat.

3023) and H. R. 2617—1145 redesignated by section 15 of the Smith River National Recre- ation Area Act (Public Law 101–612; 104 Stat.

3222).

(4) SECRETARY.—The term ‘‘Secretary’’ means the Sec- retary, acting through the Director of the National Park Service.
(b) SUNSET CRATER VOLCANO NATIONAL MONUMENT BOUNDARY MODIFICATION.— (1) TRANSFER OF JURISDICTION TO NATIONAL PARK SERVICE.—Administrative jurisdiction over the Federal land is transferred from the Forest Service to the National Park Service.

ADMINISTRATIVE (2) MAP AVAILABILITY.—The Map shall be on file and avail- able for inspection in the appropriate offices of the National Park Service.

(3) BOUNDARY MODIFICATION.—The boundary of the Monu- ment is modified to include the Federal land.
(4) ADMINISTRATION.—Subject to valid existing rights, the Secretary shall administer the Federal land added to the Monu- ment under paragraph (3)— (A) as part of the Monument; and (B) in accordance with applicable laws (including regu- lations).

SEC.

612.

ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK.

(a) NYSTROM ELEMENTARY SCHOOL ADDITION.—Section 2 of the Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (16 U.S.C.
410ggg) is amended by striking subsection (b) and inserting the following: ‘‘(b) AREAS INCLUDED.— ‘‘(1) IN GENERAL.—The boundaries of the park shall include— ‘‘(A)(i) the areas generally depicted on the map entitled ‘Proposed Boundary Map, Rosie the Riveter/World War II Home Front National Historical Park’, numbered 963/ 80,000, and dated May 2000; and ‘‘(ii) the areas depicted as the ‘Proposed Boundary Addi- tion’ on the map entitled ‘Rosie the Riveter/World War II Home Front National Historical Park Proposed Boundary Addition’, numbered 499/168,353, and dated May 2020; and ‘‘(B) any other historic properties identified by the Sec- retary as appropriate for addition to the park, subject to the requirement that a historic property proposed for addi- tion to the park shall— ‘‘(i) be determined to be eligible for listing in the National Register of Historic Places; ‘‘(ii) have a direct connection to World War II home front themes in Richmond, California; and ‘‘(iii) relate to the purpose, significance, and interpretive themes of the park.
‘‘(2) AVAILABILITY OF MAPS.—The maps referred to in para- graph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.’’.

(b) ADMINISTRATION.—Section 3(a) of the Rosie the Riveter/ World War II Home Front National Historical Park Establishment Act of 2000 (16 U.S.C.
410ggg–1(a)) is amended by adding at the end the following: H. R. 2617—1146 ‘‘(3) NYSTROM ELEMENTARY SCHOOL.—Nothing in this Act affects the authority of the West Contra Costa Unified School District to administer Nystrom Elementary School.’’.

(c) COOPERATIVE AGREEMENTS.—Section 3(b) of the Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (16 U.S.C.
410ggg–1(b)) is amended by adding at the end the following: ‘‘(3) WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT.— ‘‘(A) IN GENERAL.—The Secretary may enter into cooperative agreements with the West Contra Costa Uni- fied School District and other appropriate public and pri- vate agencies, organizations, and institutions to carry out the purposes of this Act.
‘‘(B) VISITOR INTERPRETATION.—The Secretary shall coordinate the Nystrom interpretation Elementary School site with the West Contra Costa Unified School District.’’.

visitor of SEC.

613.

CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.

Effective September 26, 2018, section 8 of Public Law 87– 126 (16 U.S.C.
459b–7) is amended— (1) in subsection (a), in the second sentence, by striking ‘‘2018’’ and inserting ‘‘2029’’; (2) by striking subsection (g); and (3) by redesignating subsection (h) as subsection (g).

SEC.

614.

CANE RIVER CREOLE NATIONAL HISTORICAL PARK BOUNDARY MODIFICATION.

Section 303(b) of the Cane River Creole National Historical Park and National Heritage Area Act (16 U.S.C.
410ccc–1(b)) is amended by adding at the end the following: ‘‘(5) The approximately 46.1 acres of land identified as ‘Proposed Addition’, as generally depicted on the map entitled ‘Cane River Creole National Historical Park Proposed Addi- tion—Magnolia Plantation Unit’, numbered 494/176,958, and dated October 2021.’’.

SEC.

615.

USE OF CERTAIN ROADS WITHIN THE DELAWARE WATER GAP NATIONAL RECREATION AREA.
Section 4(b) of the Delaware Water Gap National Recreation Area Improvement Act (Public Law 109–156; 119 Stat.

2948; 131 Stat.

2246) is amended, in the matter preceding paragraph (1), by striking ‘‘Until’’ and all that follows through ‘‘subsection (a)’’ and inserting ‘‘Until September 30, 2026, subsection (a)’’.

SEC.

616.

WILSON’S CREEK NATIONAL BATTLEFIELD BOUNDARY MODI- FICATION.

Section 1(b) of Public Law 86–434 (16 U.S.C.
430kk(b)) is amended— (1) in paragraph (1)— (A) in the second sentence, by striking ‘‘The map’’ and inserting the following: ‘‘(C) AVAILABILITY OF MAPS.—The maps described in subparagraphs (A) and (B)’’; (B) by striking ‘‘(1) The boundaries’’ and inserting the following: ‘‘(1) ADDITIONAL LAND.— ‘‘(A) IN GENERAL.—The boundaries’’; H. R. 2617—1147 (C) by inserting after subparagraph (A) (as so des- ignated) the following: ‘‘(B) NEWTONIA BATTLEFIELD ADDITION.—The boundary of the Wilson’s Creek National Battlefield is revised to include the approximately 25 acres of land identified as ‘Proposed Addition’ on the map entitled ‘Wilson’s Creek National Battlefield Proposed Boundary Modification’, numbered 410/177,379, and dated July 2022.’’; and (D) by adding at the end the following: ‘‘(D) ERRORS.—The Secretary of the Interior may cor- rect any clerical or typographical error in a map described in subparagraph (A) or (B).’’; and (2) in paragraph (2)— (A) by striking ‘‘(2) The Secretary is authorized to acquire the lands referred to in paragraph (1)’’ and inserting the following: ‘‘(2) METHOD OF ACQUISITION.—The Secretary of the Interior may acquire the land described in subparagraphs (A) and (B) of paragraph (1)’’; and (B) in the second sentence, by striking ‘‘the park’’ and inserting ‘‘Wilson’s Creek National Battlefield’’.
SEC.

617.

STE.

GENEVIEVE NATIONAL HISTORICAL PARK BOUNDARY REVISION.

(a) DEFINITIONS.—Section 7134(a) of the Energy and Natural Resources Act of 2017 (as enacted into law by section 121(a)(2) of division G of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 16 U.S.C.
410xxx(a)(3))) is amended— (1) in paragraph (3), by striking ‘‘numbered 571/149,942, and dated December 2018’’ and inserting ‘‘numbered 571/ 177,464, and dated September 2021’’; (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (3) the following: ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior.’’.
(b) AUTHORITY TO CORRECT ERRORS IN MAP.—Section 7134(d) of the Energy and Natural Resources Act of 2017 (as enacted into law by section 121(a)(2) of division G of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 16 U.S.C.

410xxx(d))) is amended— (1) by striking ‘‘The Map’’ and inserting the following: ‘‘(1) IN GENERAL.—The Map’’; and (2) by adding at the end the following: ‘‘(2) AUTHORITY TO CORRECT ERRORS.—The Secretary may correct any clerical or typographical errors in the Map.’’.
(c) VISITOR CENTER AND ADMINISTRATIVE FACILITIES.—Section 7134(e) of the Energy and Natural Resources Act of 2017 (as enacted into law by section 121(a)(2) of division G of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 16 U.S.C.

410xxx(e))) is amended by adding at the end the following: ‘‘(3) VISITOR CENTER.—The Secretary— ‘‘(A) may acquire, by donation, the land (including any improvements to the land) owned by the city of Ste.
Gene- vieve, Missouri, and used as the visitor center for the Historical Park, as generally depicted on the Map as ‘Pro- posed Boundary Addition’; and H. R. 2617—1148 ‘‘(B) on acquisition of the land described in subpara- graph (A), shall revise the boundary of the Historical Park to include the acquired land.
‘‘(4) ADMINISTRATIVE FACILITIES.—The Secretary may acquire, by purchase from a willing seller or by donation, not more than 20 acres of land in the vicinity of the Historical Park for administrative facilities for the Historical Park.’’.

SEC.

618.

CONVEYANCE OF CERTAIN FEDERAL LAND IN MAINE FOR AFFORDABLE WORKFORCE HOUSING.

Section 102(f) of Public Law 99–420 (16 U.S.C.
341 note) is amended by striking ‘‘by any town which so desires’’ in the first sentence and all that follows through the period at the end of paragraph (2) and inserting the following: ‘‘for affordable workforce housing to benefit the towns on Mount Desert Island, subject to the limitation that the Secretary may retain not more than 15 acres of the Federal land identified as ‘4DBH’ on the map, to be used by the Secretary to provide housing and administrative facilities for the use of, and supporting the purposes of, the Park.’’.
SEC.

619.

DESIGNATION OF PULLMAN NATIONAL HISTORICAL PARK.

(a) DEFINITIONS.—In this section: (1) HISTORICAL PARK.—The term ‘‘historical park’’ means the Pullman National Historical Park.

(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Pull- man National Historical Park Boundary’’, numbered 590/ 125,485, and dated November 2021.
(b) REDESIGNATION OF PULLMAN NATIONAL MONUMENT.— (1) IN GENERAL.—The Pullman National Monument, estab- lished by Proclamation Number 9233, dated February 19, 2015, is redesignated as the ‘‘Pullman National Historical Park’’.

(2) AVAILABILITY OF FUNDS.—Any funds available for pur- poses of the Pullman National Monument shall be available for purposes of the historical park.
(3) REFERENCES.—Any references in a law, regulation, document, record, map, or other paper of the United States to the Pullman National Monument shall be considered to be a reference to the historical park.

(4) PROCLAMATION.—Proclamation Number 9233, dated February 19, 2015, shall have no force or effect.
(c) PURPOSES.—The purposes of the historical park are to pre- serve, protect, and interpret Pullman’s nationally significant cul- tural and historical resources associated with— (1) the labor history of the United States and creation of a national Labor Day holiday; (2) the first planned industrial community in the United (3) the architecture and landscape design of the planned States; community; (4) the pivotal role of the Pullman porter in the rise of the African-American middle class; and (5) the entirety of history, culture, and historic figures embodied in Presidential Proclamation Number 9233.
(d) ADMINISTRATION.—The Secretary shall administer the land within the boundary of the historical park in accordance with— (1) this section; and (2) the laws generally applicable to units of the National Park System, including— H. R. 2617—1149 (A) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54, United States Code; and (B) chapter 3201 of title 54, United States Code.
(e) COOPERATIVE AGREEMENTS.— (1) IN GENERAL.—To further the purposes of this section and notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into cooperative agreements with the State of Illinois, other public and nonprofit entities, and other interested parties, subject to paragraph (2)— (A) to support collaborative interpretive and edu- cational programs at non-Federal historic properties within the boundaries of the historical park; and (B) to identify, interpret, and provide assistance for the preservation of non-Federal land within the boundaries of the historical park and at sites in close proximity to the historical park, but located outside the boundaries of the historical park, including providing for placement of directional and interpretive signage, exhibits, and tech- nology-based interpretive devices.
(2) PUBLIC ACCESS.—A cooperative agreement entered under this subsection shall provide for reasonable public access.

(f) USE OF FUNDS.— (1) IN GENERAL.—The Secretary may use appropriated funds to mark, interpret, improve, restore, and provide technical assistance with respect to the preservation and interpretation of the properties.
(2) INCONSISTENT PURPOSES.—Any payment made by the Secretary under this subsection shall be subject to an agree- ment that the conversion, use, or disposal of the project for purposes that are inconsistent with the purposes of this section, as determined by the Secretary, shall result in a right of the United States to reimbursement of the greater of— (A) the amount provided by the Secretary to the project; and (B) an amount equal to the increase in the value of the project that is attributable to the funds, as determined by the Secretary at the time of the conversion, use, or disposal.
(g) ACQUISITION OF LAND.—The Secretary may acquire for inclu- sion in the historical park any land (including interests in land), buildings, or structures owned by the State of Illinois, or any other political, private, or nonprofit entity by donation, transfer, exchange, or purchase from a willing seller.
(h) MANAGEMENT PLAN.—Not later than 3 fiscal years after the date on which funds are first made available to carry out this section, the Secretary shall complete a management plan for the historical park.

SEC.

620.

PALO ALTO BATTLEFIELD NATIONAL HISTORIC PARK BOUNDARY ADDITION.

(a) BOUNDARY.—Section 3(b)(2) of the Palo Alto Battlefield National Historic Site Act of 1991 (16 U.S.C.
410nnn–1(b)(2)) is amended— (1) by amending subparagraph (A) to read as follows: ‘‘(A) IN GENERAL.— H. R. 2617—1150 ‘‘(i) In addition to the land described in paragraph (1), the historical park shall consist of— ‘‘(I) the approximately 34 acres of land, as generally depicted on the map entitled ‘Palo Alto Battlefield NHS Proposed Boundary Expansion’, numbered 469/80,012, and dated May 21, 2008; and ‘‘(II) on the date that such land is donated to the United States, the approximately 166.44 acres of land generally depicted on the map enti- tled ‘PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK Proposed Boundary Addition, Fort Brown Unit’, numbered 469/143,589, and dated April 2018.
‘‘(ii) Before accepting any donated land described in this subparagraph, the Secretary shall complete a boundary study analyzing the feasibility of adding the land to the national historical park.
‘‘(iii) If a boundary study completed under clause (ii) finds that acceptance of the donated land is feasible and appropriate, the Secretary may accept such land and administer the land as part of the historical park after providing notice of such finding to Congress.’’; and (2) in subparagraph (B)— (A) in the heading, by striking ‘‘MAP’’ and inserting ‘‘MAPS’’; and (B) by striking ‘‘map’’ and inserting ‘‘maps’’.
(b) LEGAL DESCRIPTION.—Section 3(b)(3) of the Palo Alto Battle- field National Historic Site Act of 1991 (16 U.S.C.

410nnn–1(b)(3)) is amended by striking ‘‘after’’ and all that follows through ‘‘Sec- retary of the Interior’’ and inserting ‘‘after the addition of lands to the historic park boundary, the Secretary of the Interior’’.

SEC.

621.

INSTALLATION OF PLAQUE COMMEMORATING SLAVE REBEL- LION ON ST. JOHN.
(a) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall install, in an appropriate location in the area of the Ram Head trail at the peak of Ram Head in the Virgin Islands National Park on St. John, United States Virgin Islands, a suitable plaque to commemorate the slave rebellion that began on St. John on November 23, 1733.
(b) CONTENTS OF PLAQUE.—The plaque installed under sub- section (a) shall include information regarding— (1) important facts about the slave rebellion that began on St. John in 1733; (2) the collective suicide that occurred during the slave rebellion in the vicinity of Ram Head on St. John in 1734; and (3) the significance of the slave rebellion to the history of St. John, the United States Virgin Islands, and the United States.

H. R. 2617—1151 Subtitle C—National Park Service Studies SEC.

631.
631.

SPECIAL RESOURCE STUDY OF JOHN P. PARKER HOUSE.

(a) DEFINITION OF STUDY AREA.—In this section, the term ‘‘study area’’ means the John P. Parker House in Ripley, Ohio, which was recognized as a National Historic Landmark in 1997.

(b) STUDY.— (1) IN GENERAL.—The Secretary shall conduct a special resource study of the study area to determine the suitability and feasibility of establishing the John P. Parker House in Ripley, Ohio, as a unit of the National Park System.
(2) CONTENTS.—In conducting the study under paragraph (1), the Secretary shall— (A) evaluate the national significance of the study area; (B) determine the suitability and feasibility of desig- nating the study area as a unit of the National Park System; (C) consider other alternatives for preservation, protec- tion, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations; (D) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organiza- tions, or any other interested individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives described in subpara- graphs (B) and (C).
(3) STUDY REQUIREMENTS.—The Secretary shall conduct the study in accordance with section 100507 of title 54, United States Code.

(4) REPORT.—Not later than 18 months after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (A) the results of the study; and (B) any recommendations of the Secretary.

SEC.
SEC.

632.

DEARFIELD, COLORADO, SPECIAL RESOURCE STUDY.

(a) DEFINITION OF STUDY AREA.—In this section, the term ‘‘study area’’ means the site known as ‘‘Dearfield’’, in Weld County, Colorado, which was a historically black agricultural settlement founded by Oliver Toussaint Jackson.

(b) STUDY.— (1) IN GENERAL.—The Secretary shall conduct a special resource study of the study area.
(2) CONTENTS.—In conducting the study under paragraph (1), the Secretary shall— (A) evaluate the national significance of the study area; (B) determine the suitability and feasibility of desig- nating the study area as a unit of the National Park System; (C) consider other alternatives for preservation, protec- tion, and interpretation of the study area by the Federal H. R. 2617—1152 Government, State or local government entities, or private and nonprofit organizations; (D) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organiza- tions, or any other interested individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives described in subpara- graphs (B) and (C).
(3) APPLICABLE LAW.—The study required under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code.
(c) REPORT.—Not later than 3 years after the date on which funds are first made available to carry out the study under sub- section (b)(1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Com- mittee on Energy and Natural Resources of the Senate a report that describes— (1) the results of the study; and (2) any conclusions and recommendations of the Secretary.

SEC.

633.

SPECIAL RESOURCE STUDY OF LYNCHING LOCATIONS.
(a) DEFINITION OF STUDY AREA.—In this section, the term ‘‘study area’’ means sites within approximately 100 miles of Mem- phis, Tennessee, at which lynchings took place, including the lynching sites of— (1) Wash Henley in 1869; (2) Christopher Bender and Bud Whitfield in 1868; (3) Thomas Moss, Will Stewart, and Calvin McDowell in 1892 during the event referred to as ‘‘The People’s Grocery Lynchings’’; (4) Lee Walker in 1893; (5) Warner Williams, Daniel Hawkins, Robert Haynes, Edward Hall, John Hayes, and Graham White in 1894; (6) Ell Persons in 1917; (7) Jesse Lee Bond in 1939; and (8) Elbert Williams in 1940.
(b) STUDY.—The Secretary shall conduct a special resource study of the study area.
(c) CONTENTS.—In conducting the special resource study under subsection (b), the Secretary shall— (1) evaluate the national significance of the study area; (2) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Govern- ment, State or local government entities, or private and non- profit organizations; (4) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested persons; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance asso- ciated with the alternatives.
(d) APPLICABLE LAW.—The special resource study required under subsection (b) shall be conducted in accordance with section 100507 of title 54, United States Code.
H. R. 2617—1153 (e) REPORT.—Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the results of the special resource study required under subsection (b); and (2) any recommendations of the Secretary.

SEC.

634.

RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA.
(a) DEFINITION OF STUDY AREA.—In this section, the term ‘‘study area’’ means the coastline and adjacent areas to the Santa Monica Bay from Will Rogers State Beach to Torrance Beach, including the areas in and around Ballona Creek and the Baldwin Hills and the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue.

(b) SPECIAL RESOURCE STUDY.— (1) STUDY.—The Secretary shall conduct a special resource study of the study area.
(2) CONTENTS.—In conducting the study under paragraph (1), the Secretary shall— (A) evaluate the national significance of the study area; (B) determine the suitability and feasibility of desig- nating the study area as a unit of the National Park System; (C) consider other alternatives for preservation, protec- tion, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations; (D) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organiza- tions, or any other interested individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives.
(3) APPLICABLE LAW.—The study required under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code.
(4) REPORT.—Not later than 3 years after the date on which funds are first made available for the study under para- graph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (A) the results of the study; and (B) any conclusions and recommendations of the Sec- retary.

Subtitle D—National Park Service Programs SEC.

641.
641.

ACQUISITION OF LAND FOR ADMINISTRATIVE PURPOSES OF HISTORIC PRESERVATION TRAINING CENTER.

(a) DEFINITIONS.—In this section: H. R. 2617—1154 (1) CENTER.—The term ‘‘Center’’ means the Historic Preservation Training Center and related facilities of the National Park Service in Frederick County, Maryland.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Sec- retary, acting through the Director of the National Park Service.
(b) AUTHORIZATION OF ACQUISITION.—To further develop the Center in accordance with section 305306 of title 54, United States Code, the Secretary may acquire not more than 20 acres of land or interests in land in Frederick County, Maryland, for the Center for the purpose of supporting the physical space, program initia- tives, and workforce development capacity of the Center.
(c) METHOD OF ACQUISITION.—Land or an interest in land for the Center may only be acquired under subsection (b) by donation, transfer, exchange, or purchase from a willing seller using donated or appropriated funds.

(d) ADMINISTRATION OF ACQUIRED LAND.—On acquisition of land or an interest in land for the Center under subsection (b), the acquired land or interest in land shall be administered by the Secretary for the purpose described in subsection (b).

SEC.

642.
SEC.

642.

WAIVER OF SPECIAL USE PERMIT APPLICATION FEE FOR VETERANS’ SPECIAL EVENTS.

(a) DEFINITIONS.—In this section: (1) MEMBER OF A GOLD STAR FAMILY.—The term ‘‘member of a Gold Star Family’’ means any individual that meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction).
(2) SPECIAL EVENTS.—The term ‘‘special events’’ has the meaning given the term in section 7.96(g)(1) of title 36, Code of Federal Regulations (or a successor regulation).

(3) THE DISTRICT OF COLUMBIA AND ITS ENVIRONS.—The term ‘‘the District of Columbia and its environs’’ has the meaning given the term in section 8902(a) of title 40, United States Code.

(4) VETERAN.—The term ‘‘veteran’’ has the meaning given the term in section 101 of title 38, United States Code.
(5) VETERANS’ SPECIAL EVENT.—The term ‘‘veterans’ special event’’ means a special event at which the majority of attendees are veterans or members of Gold Star Families.

(6) WAR MEMORIAL.—The term ‘‘war memorial’’ means any memorial or monument that has been erected or dedicated to commemorate a military unit, military group, war, conflict, victory, or peace.
(b) WAIVER.—The application fee for any application for a spe- cial use permit, the sole purpose of which is to hold a veterans’ special event at a war memorial on land administered by the National Park Service in the District of Columbia and its environs, shall be waived.
(c) APPLICABILITY OF EXISTING LAWS.—Notwithstanding sub- section (b), an applicant for a special use permit described in that subsection shall be subject to any other law (including regula- tions) or policy applicable to the application, issuance, or execution of the special use permit.

(d) APPLICABILITY.—This section shall apply to any special use permit application submitted after the date of enactment of this Act.

H. R. 2617—1155 SEC.

643.


UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM.

(a) ESTABLISHMENT.—Subdivision 1 of division B of subtitle III of title 54, United States Code, is amended by inserting after chapter 3085 the following: ‘‘CHAPTER 3086—UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM ‘‘Sec.

‘‘308601.

Definitions.

‘‘308602.

United States African-American Burial Grounds Preservation Program.

‘‘308603.

Authority to make grants.

‘‘308604.


Cooperative agreements and memoranda of understanding.

‘‘308605.

Private property protection.

‘‘§ 308601.

Definitions ‘‘In this chapter: ‘‘(1) BURIAL GROUND.—The term ‘burial ground’ means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains are deposited as a part of the death rite or ceremony of a culture.
‘‘(2) HISTORIC.—The term ‘historic’, with respect to a prop- erty, means a property that can reasonably be considered to date back at least 50 years.

‘‘(3) PROGRAM.—The term ‘Program’ means the United States African-American Burial Grounds Preservation Program established under section 308602(a).

‘‘§ 308602.
‘‘§ 308602.

United States African-American Burial Grounds Preservation Program ‘‘(a) IN GENERAL.—The Secretary shall establish within the Service, in accordance with this chapter, a program to be known as the ‘United States African-American Burial Grounds Preserva- tion Program’.
‘‘(b) DUTIES OF SECRETARY.—In carrying out the Program, the Secretary, in consultation with the National Trust for Historic Preservation and members of the African-American heritage community, shall develop a program for the provision of grants in accordance with section 308603(a).

‘‘(c) DONATIONS.—The Secretary may accept monetary donations to further the purposes of this chapter.
‘‘(d) CONSENT OF PRIVATE PROPERTY OWNER REQUIRED.—Burial grounds shall only be considered for a grant under the Program— ‘‘(1) with the consent of the property owner; and ‘‘(2) at the request of an individual, landowner, private or nonprofit organization, State, Tribal, or local government, or other entity.

‘‘§ 308603.
Authority to make grants ‘‘(a) IN GENERAL.—The Secretary may make grants to other Federal agencies, State, local, and Tribal governments, other public entities, educational institutions, historic preservation groups, and private nonprofit organizations in accordance with this chapter for— ‘‘(1) the identification of historic African-American burial grounds that may qualify for the Program; H. R. 2617—1156 ‘‘(2) the preservation and restoration of African-American ‘‘(3) the interpretation of African-American burial grounds; burial grounds; and ‘‘(4) related research and documentation for historic Afri- can-American burial grounds.
‘‘(b) FUNDING.— ‘‘(1) IN GENERAL.—There is authorized to be appropriated to the Secretary to carry out this section $3,000,000 for each of fiscal years 2023 through 2027.

‘‘(2) AVAILABILITY.—Any amounts made available for a fiscal year under paragraph (1) that are not used during that fiscal year shall be available for use under this section during any subsequent fiscal year.

‘‘§ 308604.
Cooperative agreements and memoranda of under- standing ‘‘The Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local govern- ment, Tribal governments, regional governmental bodies, nonprofit organizations, educational institutions, and private entities— ‘‘(1) to achieve the purposes of this chapter; and ‘‘(2) to ensure effective coordination of the Federal elements and non-Federal elements provided a grant or other assistance under the Program with System units and programs of the Service.
‘‘§ 308605.
Private property protection ‘‘Nothing in this chapter— ‘‘(1) authorizes the Secretary to require or affect the management or use of private property without the written consent of the owner of the private property; ‘‘(2) prohibits the Secretary from providing land manage- ment guidance or requirements relating to private property as a condition of a grant provided to the owner of the private property under this chapter; or ‘‘(3) shall be construed as creating any new regulatory burden on any Federal, State, Tribal, or private entity.’’.
(b) CLERICAL AMENDMENT.—The table of chapters for title 54, United States Code, is amended by inserting after the item relating to chapter 3085 the following: ‘‘3086.

United States African-American Burial Grounds Preservation Pro- gram ..........................................................................................................308601’’.

SEC.

644.

NORMAN Y. MINETA JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS.

Public Law 109–441 (120 Stat.
3289) is amended— AMERICAN CONFINEMENT (1) in section 2, by adding at the end the following: ‘‘(4) JAPANESE EDUCATION GRANTS.—The term ‘Japanese American Confinement Edu- cation Grants’ means competitive grants, awarded through the Japanese American Confinement Sites Program, for Japanese American organizations to educate including through the use of digital resources, in the United States on the historical importance of Japanese American confinement during World War II, so that present and future generations may learn from Japanese American confinement and the individuals, H. R. 2617—1157 commitment of the United States to equal justice under the law.
‘‘(5) JAPANESE AMERICAN ORGANIZATION.—The term ‘Japa- nese American organization’ means a private nonprofit organization within the United States established to promote the understanding and appreciation of the ethnic and cultural diversity of the United States by illustrating the Japanese American experience throughout the history of the United States.’’; and (2) in section 4— (A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘There are authorized’’; (B) by ‘‘$80,000,000’’; and striking ‘‘$38,000 ,000’’ and inserting (C) by adding at the end the following: ‘‘(b) JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS.— ‘‘(1) IN GENERAL.—Of the amounts made available under this section, not more than $10,000,000 shall be awarded as Japanese American Confinement Education Grants to Japanese American organizations.
Such competitive grants shall be in an amount not less than $750,000 and the Secretary shall give priority consideration to Japanese American organizations with fewer than 100 employees.
‘‘(2) MATCHING REQUIREMENT.— ‘‘(A) FIFTY PERCENT.—Except as provided in subpara- graph (B), for funds awarded under this subsection, the Secretary shall require a 50 percent match with non-Fed- eral assets from non-Federal sources, which may include cash or durable goods and materials fairly valued, as deter- mined by the Secretary.
‘‘(B) WAIVER.—The Secretary may waive all or part of the matching requirement under subparagraph (A), if the Secretary determines that— ‘‘(i) no reasonable means are available through which an applicant can meet the matching require- ment; and ‘‘(ii) the probable benefit of the project funded out- weighs the public interest in the matching require- ment.’’.

SEC.

645.

JAPANESE AMERICAN WORLD WAR II HISTORY NETWORK.


(a) ESTABLISHMENT.—The Secretary shall establish, within the National Park Service, a program to be known as the ‘‘Japanese American World War II History Network’’ (referred to in this section as the ‘‘Network’’).
(b) DUTIES OF SECRETARY.—In carrying out the Network, the Secretary shall— (1) review studies and reports to complement and not dupli- cate studies of Japanese American World War II history and Japanese American experiences during World War II, including studies related to relocation centers and confinement sites, that are underway or completed; (2) produce and disseminate appropriate educational mate- rials, such as handbooks, maps, interpretive guides, or elec- tronic information relating to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites; H. R. 2617—1158 (3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (d); and (4)(A) create and adopt an official, uniform symbol or device for the Network; and (B) issue regulations for the use of the symbol or device adopted under subparagraph (A).
(c) ELEMENTS.—The Network shall encompass the following elements: (1) All units and programs of the National Park Service that are determined by the Secretary to relate to Japanese American World War II history and Japanese American experi- ences during the war, including relocation centers and confine- ment sites.
(2) With the consent of the property owner, other Federal, State, local, Tribal, and privately owned properties that— (A) relate to Japanese American World War II history and Japanese experiences during the war, including reloca- tion centers and confinement sites; (B) have a verifiable connection to Japanese American World War II history and Japanese experiences during the war, including relocation and confinement sites; and (C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places.
(3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to Japanese American World War II history and the experiences of Japanese Americans during the war, including relocation centers and confinement sites.
(d) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDER- STANDING.—To achieve the purposes of this section and to ensure effective coordination of the Federal and non-Federal elements of the Network described in subsection (c) with units of the National Park System and programs of the National Park Service, including the Japanese American Confinement Sites Program, the Secretary may enter into cooperative agreements and memoranda of under- standing with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, Indian Tribes, regional governmental bodies, and private entities.
(e) SUNSET.—The authority of the Secretary under this section shall expire 7 years after the date of enactment of this Act.

SEC.

646.

AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL PARK FOUNDATION.

Section 101122(a) of title 54, United States Code, is amended— (1) by striking ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’; and (2) by striking ‘‘2023’’ and inserting ‘‘2030’’.

TITLE VII—COMMEMORATIVE WORKS AND NATIONAL MEMORIALS SEC.

701.
701.

DESIGNATION OF THE KOL ISRAEL FOUNDATION HOLOCAUST MEMORIAL AS A NATIONAL MEMORIAL.

(a) CONGRESSIONAL RECOGNITION.—Congress— H. R. 2617—1159 (1) recognizes the significance of the Kol Israel Foundation Holocaust Memorial in preserving the memory of the 6,000,000 Jews murdered by the Nazi regime and allies and collaborators of the Nazi regime; and (2) honors the life and legacy of the Holocaust survivors who erected the Kol Israel Foundation Holocaust Memorial.
(b) DESIGNATION.— (1) IN GENERAL.—The Kol Israel Foundation Holocaust Memorial located in Bedford Heights, Ohio, is designated as a national memorial.

(2) EFFECT OF DESIGNATION.— (A) IN GENERAL.—The national memorial designated by paragraph (1) is not a unit of the National Park System.

(B) USE OF FEDERAL FUNDS.—The designation of the national memorial by paragraph (1) shall not require or permit Federal funds to be expended for any purpose relating to the national memorial.

SEC.

702.
SEC.

702.

AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO COMMEMORATE THE COMMITMENT AND SERVICE REP- RESENTED BY WOMEN WHO WORKED ON THE HOME FRONT DURING WORLD WAR II.

(a) IN GENERAL.—The Women Who Worked on the Home Front Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the commitment and service represented by women who worked on the home front during World War II.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE WORKS.—The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ‘‘Commemorative Works Act’’).

(c) PROHIBITION ON THE USE OF FEDERAL FUNDS.— (1) IN GENERAL.—Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section.
(2) RESPONSIBILITY OF WOMEN WHO WORKED ON THE HOME FRONT FOUNDATION.—The Women Who Worked on the Home Front Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section.
(d) DEPOSIT OF EXCESS FUNDS.— (1) IN GENERAL.—If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Women Who Worked on the Home Front Foundation shall transmit the amount of the bal- ance to the Secretary for deposit in the account provided for in section 8906(b)(3) of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work, the Women Who Worked on the Home Front Foundation shall transmit the amount of the balance to a separate account H. R. 2617—1160 with the National Park Foundation for memorials, to be avail- able to the Secretary or Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts estab- lished under paragraph (2) or (3) of that section.
SEC.

703.

EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF NATIONAL LIBERTY MEMORIAL COMMEMORATIVE WORK.

Notwithstanding section 8903(e) of title 40, United States Code, the authority provided by section 2860 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat.

2164; 40 U.S.C.

8903 note) shall continue to apply through September 30, 2027.

SEC.

704.
SEC.

704.

AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO COMMEMORATE THE HEROIC DEEDS AND SACRIFICES OF SERVICE ANIMALS AND HANDLERS OF SERVICE ANI- MALS IN THE UNITED STATE.
(a) IN GENERAL.—The National Service Animals Monument Corporation (referred to in this section as the ‘‘Corporation’’) may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE WORKS.—The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ‘‘Commemorative Works Act’’).

(c) PROHIBITION ON THE USE OF FEDERAL FUNDS.— (1) IN GENERAL.—Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section.
(2) RESPONSIBILITY OF THE NATIONAL SERVICE ANIMALS MONUMENT CORPORATION.—The Corporation shall be solely responsible for the acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section.
(d) DEPOSIT OF EXCESS FUNDS.— (1) IN GENERAL.—If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary for deposit in the account provided for in section 8906(b)(3) of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the Corporation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section.
H. R. 2617—1161 SEC.

705.

AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO HONOR JEAN MONNET.

(a) IN GENERAL.—The Embassy of France in Washington, DC (referred to in this section as the ‘‘Embassy’’), may establish a commemorative work on Federal land in the District of Columbia and its environs to honor the extraordinary contributions of Jean Monnet with respect to— (1) restoring peace between European nations; and (2) establishing the European Union.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE WORKS.—The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ‘‘Commemorative Works Act’’).

(c) PROHIBITION ON THE USE OF FEDERAL FUNDS.— (1) IN GENERAL.—Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section.
(2) RESPONSIBILITY OF THE EMBASSY OF FRANCE IN WASH- INGTON, DC.—The Embassy shall be solely responsible for the acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section.
(d) DEPOSIT OF EXCESS FUNDS.— (1) IN GENERAL.—If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Embassy shall transmit the amount of the balance to the Secretary for deposit in the account provided for in section 8906(b)(3) of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work, the Embassy shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section.
SEC.

706.

DESIGNATION OF EL PASO COMMUNITY HEALING GARDEN NATIONAL MEMORIAL.

(a) DESIGNATION.—The Healing Garden located at 6900 Delta Drive, El Paso, Texas, is designated as the ‘‘El Paso Community Healing Garden National Memorial’’.
(b) EFFECT OF DESIGNATION.—The national memorial des- ignated by this section is not a unit of the National Park System and the designation of the El Paso Community Healing Garden National Memorial shall not require or authorize Federal funds to be expended for any purpose related to that national memorial.

H. R. 2617—1162 SEC.

707.

AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO COMMEMORATE THE ENSLAVED INDIVIDUALS WHO ENDURED THE MIDDLE PASSAGE.
(a) IN GENERAL.—The Georgetown African American Historic Landmark Project and Tour may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the enslaved individuals, the identities of whom may be known or unknown, who endured the Middle Passage.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE WORKS.—The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ‘‘Commemorative Works Act’’).

(c) PROHIBITION ON THE USE OF FEDERAL FUNDS.— (1) IN GENERAL.—Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section.
(2) RESPONSIBILITY OF THE GEORGETOWN AFRICAN AMERICAN HISTORIC LANDMARK PROJECT AND TOUR.—The Georgetown Afri- can American Historic Landmark Project and Tour shall be solely responsible for the acceptance of contributions for, and payment of the expenses of, the establishment of the commemo- rative work under this section.
(d) DEPOSIT OF EXCESS FUNDS.— (1) IN GENERAL.—If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Georgetown African American Historic Landmark Project and Tour shall transmit the amount of the balance to the Secretary for deposit in the account provided for section 8906(b)(3) of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work, the Georgetown African American Historic Landmark Project and Tour shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section.
SEC.

708.

APPROVAL OF LOCATION OF COMMEMORATIVE WORK TO HONOR JOURNALISTS WHO SACRIFICED THEIR LIVES IN SERVICE TO A FREE PRESS.

The location of a commemorative work to commemorate the commitment of the United States to a free press by honoring journalists who sacrificed their lives in service to that cause within Area I, as depicted on the map entitled ‘‘Commemorative Areas Washington, DC and Environs’’, numbered 869/86501 B, and dated June 24, 2003, is approved.

H. R. 2617—1163 SEC.

709.


AUTHORIZATION OF THOMAS PAINE COMMEMORATIVE WORK.

(a) IN GENERAL.—The Thomas Paine Memorial Association may establish a commemorative work on Federal land in the District of Columbia and its environs to honor the United States patriot, Thomas Paine.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE WORKS.—The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ‘‘Commemorative Works Act’’).

(c) PROHIBITION ON THE USE OF FEDERAL FUNDS.—Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section.
(d) DEPOSIT OF EXCESS FUNDS.— (1) IN GENERAL.—If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Thomas Paine Memorial Associa- tion shall transmit the amount of the balance to the Secretary for deposit in the account provided for in section 8906(b)(3) of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work, the Thomas Paine Memorial Association shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary or the Administrator of General Services, as appropriate, in accordance with the process provided in para- graph (4) of section 8906(b) of that title for accounts established under paragraphs (2) and (3) of that section.
SEC.

710.

DESIGNATION OF UKRAINIAN INDEPENDENCE PARK.

(a) DESIGNATION.— (1) IN GENERAL.—The area described in paragraph (2) shall be designated as ‘‘Ukrainian Independence Park’’.

(2) DESCRIPTION OF AREA.—The area designated under paragraph (1) is the approximately 0.35 acres generally depicted ‘‘Ukrainian Independence Park’’ on the map entitled as ‘‘Ukrainian Independence Park Proposed Boundary’’, numbered 802/180,561, and dated June 2022.
(b) REFERENCE.—Any reference in any law, regulation, docu- ment, record, map, paper, or other record of the United States to the area or properties described in subsection (a) is deemed to be a reference to ‘‘Ukrainian Independence Park’’.

(c) SIGNAGE.—The Secretary may post signs on or near Ukrainian Independence Park that include information on the importance of the independence, freedom, and sovereignty of Ukraine and the solidarity between the people of Ukraine and the United States.
H. R. 2617—1164 TITLE VIII—MISCELLANEOUS SEC.

801.

LONG-TERM ABANDONED MINE LAND RECLAMATION.

Section 40701(c) of the Infrastructure Investment and Jobs Act (30 U.S.C.
1231a(c)) is amended— (1) by striking ‘‘Grants under’’ and inserting the following: ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), grants under’’; and (2) by adding at the end the following: ‘‘(2) LONG-TERM ABANDONED MINE LAND RECLAMATION.— ‘‘(A) IN GENERAL.—Not more than 30 percent of the total amount of a grant made annually under subsection (b)(1) may be retained by the recipient of the grant if those amounts are deposited into a long-term abandoned mine land reclamation fund established under State law, from which amounts (together with all interest earned on the amounts) are expended by the State or Indian Tribe, as applicable, for— ‘‘(i) the abatement of the causes and the treatment of the effects of acid mine drainage resulting from coal mining practices, including for the costs of building, operating, maintaining, and rehabilitating acid mine drainage treatment systems; ‘‘(ii) the prevention, abatement, and control of subsidence; or ‘‘(iii) the prevention, abatement, and control of coal mine fires.
‘‘(B) REPORTING REQUIREMENTS.—Each recipient of a grant under subsection (b)(1) that deposits grant amounts into a long-term abandoned mine land reclamation fund under subparagraph (A) shall— ‘‘(i) offer amendments to the inventory maintained under section 403(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1233(c)) to reflect the use of the amounts for— ‘‘(I) acid mine drainage abatement and treat- ment; ‘‘(II) subsidence prevention, abatement, and control; and ‘‘(III) coal mine fire prevention, abatement, and control; and ‘‘(ii) include in the annual grant report of the recipient information on the status and balance of amounts in the long-term abandoned mine land rec- lamation fund.
‘‘(C) TERM.—Amounts retained under subparagraph (A) shall not be subject to— ‘‘(i) subsection (d)(4)(B); or ‘‘(ii) any other limitation on the length of the term of an annual grant under subsection (b)(1).’’.

SEC.

802.

CONSENT OF CONGRESS TO AMENDMENT TO THE CONSTITU- TION OF THE STATE OF NEW MEXICO.
Congress consents to the amendment to the Constitution of the State of New Mexico proposed by House Joint Resolution 1 of the 55th Legislature of the State of New Mexico, First Session, H. R. 2617—1165 2021, entitled ‘‘A Joint Resolution Proposing an Amendment to Article 12, Section 7 of the Constitution of New Mexico to Provide for Additional Annual Distributions of the Permanent School Fund for Enhanced Instruction for Students at Risk of Failure, Extending the School Year, Teacher Compensation and Early Childhood Edu- cation; Requiring Congressional Approval for Distributions for Early Childhood Education’’.
DIVISION EE—POST OFFICE DESIGNATIONS SEC.

101.

COYA KNUTSON POST OFFICE.

(a) DESIGNATION.—The facility of the United States Postal Service located at 202 2nd Avenue in Oklee, Minnesota, shall be known and designated as the ‘‘Coya Knutson Post Office’’.

(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Coya Knutson Post Office’’.

SEC.

102.
SEC.

102.

ROBERT SMALLS POST OFFICE.

(a) DESIGNATION.—The facility of the United States Postal Service located at 11 Robert Smalls Parkway Suite C in Beaufort, South Carolina, shall be known and designated as the ‘‘Robert Smalls Post Office’’.

(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Robert Smalls Post Office’’.

SEC.

103.
SEC.

103.

ROBERT J. DOLE MEMORIAL POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States Postal Service located at 135 West Wisconsin Street in Russell, Kansas, shall be known and designated as the ‘‘Robert J. Dole Memorial Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Robert J. Dole Memorial Post Office Building’’.

SEC.

104.

CHARLES E. FRASER POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States Postal Service located at 10 Bow Circle in Hilton Head Island, South Carolina, shall be known and designated as the ‘‘Charles E. Fraser Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Charles E. Fraser Post Office Building’’.

SEC.

105.

HARRIET TUBMAN POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States Postal Service located at 501 Charles Street in Beaufort, South Carolina, shall be known and designated as the ‘‘Harriet Tubman Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility H. R. 2617—1166 referred to in subsection (a) shall be deemed to be a reference to the ‘‘Harriet Tubman Post Office Building’’.

SEC.

106.

CORPORAL BENJAMIN DESILETS POST OFFICE.


(a) DESIGNATION.—The facility of the United States Postal Service located at 114 North Magnolia Street in Elmwood, Illinois, shall be known and designated as the ‘‘Corporal Benjamin Desilets Post Office’’.

(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Corporal Benjamin Desilets Post Office’’.

SEC.

107.
SEC.

107.

SGT.

JEREMY C. SHERMAN POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States Postal Service located at 101 West Walnut Street in Watseka, Illinois, shall be known and designated as the ‘‘Sgt.

Jeremy C. Sherman Post Office Building’’.

(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Sgt.
Jeremy C. Sherman Post Office Building’’.

SEC.

108.

SERGEANT BRET D. ISENHOWER MEMORIAL POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States Postal Service located at 120 East Oak Avenue in Seminole, Oklahoma, shall be known and designated as the ‘‘Sergeant Bret D. Isenhower Memorial Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Sergeant Bret D. Isenhower Memorial Post Office Building’’.

SEC.

109.

COTTLE CENTANNI POST OFFICE BUILDING.


(a) DESIGNATION.—The facility of the United States Postal Service located at 4770 Eureka Avenue in Yorba Linda, California, shall be known and designated as the ‘‘Cottle Centanni Post Office Building’’.

(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Cottle Centanni Post Office Building’’.

SEC.

110.
SEC.

110.

CAPTAIN ROBERT C. HARMON AND PRIVATE JOHN R. PEIRSON POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States Postal Service located at 430 South Knowles Avenue in New Richmond, Wisconsin, shall be known and designated as the ‘‘Captain Robert C. Harmon and Private John R. Peirson Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Captain Robert C. Harmon and Private John R. Peirson Post Office Building’’.

SEC.

111.

CORPORAL MITCHELL RED CLOUD, JR. POST OFFICE.


(a) DESIGNATION.—The facility of the United States Postal Service located at 619 Hewett Street in Neillsville, Wisconsin, shall H. R. 2617—1167 be known and designated as the ‘‘Corporal Mitchell Red Cloud, Jr. Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Corporal Mitchell Red Cloud, Jr. Post Office’’.

SEC.

112.

CORPORAL JOSEPH RODNEY CHAPMAN POST OFFICE.

(a) DESIGNATION.—The facility of the United States Postal Service located at 415 High Street in Freeport, Pennsylvania, shall be known and designated as the ‘‘Corporal Joseph Rodney Chapman Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Corporal Joseph Rodney Chapman Post Office’’.

SEC.

113.

HAROLD BILLOW POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States Postal Service located at 1 East Main Street in Mount Joy, Pennsylvania, shall be known and designated as the ‘‘Harold Billow Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Harold Billow Post Office Building’’.

SEC.

114.

ROMUALD ‘‘BUD’’ BRZEZINSKI POST OFFICE.

(a) DESIGNATION.—The facility of the United States Postal Service located at N4805 State Highway 32 in Krakow, Wisconsin, shall be known and designated as the ‘‘Romuald ‘Bud’ Brzezinski Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Romuald ‘Bud’ Brzezinski Post Office’’.

SEC.

115.

MITCHELL F. LUNDGAARD POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States Postal Service located at 410 Franklin Street in Appleton, Wisconsin, shall be known and designated as the ‘‘Mitchell F. Lundgaard Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Mitchell F. Lundgaard Post Office Building’’.

SEC.

116.

JUDGE JAMES PEREZ POST OFFICE.

(a) DESIGNATION.—The facility of the United States Postal Service located at 615 North Bush Street in Santa Ana, California, shall be known and designated as the ‘‘Judge James Perez Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Judge James Perez Post Office’’.

SEC.

117.

CHANGE OF ADDRESS FOR MARILYN MONROE POST OFFICE.

Section 1 of Public Law 116–80 is amended to read as follows: H. R. 2617—1168 ‘‘SEC.

1.

MARILYN MONROE POST OFFICE BUILDING.


‘‘(a) DESIGNATION.—The facility of the United States Postal Service located at 15701 Sherman Way in Van Nuys, California, shall be known and designated as the ‘Marilyn Monroe Post Office Building’.

‘‘(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘Marilyn Monroe Post Office Building’.’’.

SEC.

118.
SEC.

118.

JESUS ANTONIO COLLAZOS POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States Postal Service located at 2200 North George Mason Drive in Arlington, Virginia, shall be known and designated as the ‘‘Jesus Antonio Collazos Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Jesus Antonio Collazos Post Office Building’’.

SEC.

119.

ESTEBAN E. TORRES POST OFFICE BUILDING.


(a) DESIGNATION.—The facility of the United States Postal Service located at 396 South California Avenue in West Covina, California, shall be known and designated as the ‘‘Esteban E. Torres Post Office Building’’.

(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Esteban E. Torres Post Office Building’’.

SEC.
SEC.

120.

DISTRICT OF COLUMBIA SERVICEMEMBERS AND VETERANS POST OFFICE.

(a) DESIGNATION.—The facility of the United States Postal Service located at 400 Southern Avenue Southeast in Washington, District of Columbia, shall be known and designated as the ‘‘District of Columbia Servicemembers and Veterans Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘District of Columbia Servicemembers and Veterans Post Office’’.

SEC.

121.

ARMY SPECIALIST JOSEPH ‘‘JOEY’’ W. DIMOCK II POST OFFICE BUILDING.
(a) DESIGNATION.—The facility of the United States Postal Service located at 75 Commerce Drive in Grayslake, Illinois, shall be known and designated as the ‘‘Army Specialist Joseph ‘Joey’ W. Dimock II Post Office Building’’.

(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Army Specialist Joseph ‘Joey’ W. Dimock II Post Office Building’’.

SEC.

122.
SEC.

122.

CORPORAL HUNTER LOPEZ MEMORIAL POST OFFICE BUILDING.

(a) DESIGNATION.—The facility of the United States Postal Service located at 79125 Corporate Centre Drive in La Quinta, H. R. 2617—1169 California, shall be known and designated as the ‘‘Corporal Hunter Lopez Memorial Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Corporal Hunter Lopez Memorial Post Office Building’’.

SEC.

123.

CHIEF RUDY BANUELOS POST OFFICE.

(a) DESIGNATION.—The facility of the United States Postal Service located at 123 South 3rd Street in King City, California, shall be known and designated as the ‘‘Chief Rudy Banuelos Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Chief Rudy Banuelos Post Office’’.

SEC.

124.

CHAIRMAN RICHARD MILANOVICH POST OFFICE.

(a) DESIGNATION.—The facility of the United States Postal Service located at 333 North Sunrise Way in Palm Springs, Cali- fornia, shall be known and designated as the ‘‘Chairman Richard Milanovich Post Office’’.
(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Chairman Richard Milanovich Post Office’’.

SEC.

125.

U.S.

SENATOR DENNIS CHA´ VEZ POST OFFICE.

(a) DESIGNATION.—The facility of the United States Postal Service located at 400 North Main Street in Belen, New Mexico, shall be known and designated as the ‘‘U.S.

Senator Dennis Cha´ vez Post Office’’.


(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘U.S.

Senator Dennis Cha´ vez Post Office’’.

DIVISION FF—HEALTH AND HUMAN SERVICES SEC.

1.

SHORT TITLE.

This division may be cited as the ‘‘Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022’’.

SEC.

2.
SEC.

2.

TABLE OF CONTENTS.

The table of contents for this division is as follows: DIVISION FF—HEALTH AND HUMAN SERVICES Sec.

1.

Short title.

Sec.

2.

Table of contents.

TITLE I—RESTORING HOPE FOR MENTAL HEALTH AND WELL-BEING Sec.

1001.

Short title.

Subtitle A—Mental Health and Crisis Care Needs CHAPTER 1—CRISIS CARE SERVICES AND 9–8–8 IMPLEMENTATION Sec.

1101.

Behavioral Health Crisis Coordinating Office.

H. R. 2617—1170 Sec.

1102.

Crisis response continuum of care.

Sec.

1103.


Suicide Prevention Lifeline Improvement.

CHAPTER 2—INTO THE LIGHT FOR MATERNAL MENTAL HEALTH AND SUBSTANCE USE DISORDERS Sec.

1111.

Screening and treatment for maternal mental health and substance use disorders.

Sec.

1112.

Maternal mental health hotline.

Sec.

1113.

Task force on maternal mental health.

Sec.

1114.

Residential treatment program for pregnant and postpartum women pilot program reauthorization.
CHAPTER 3—REACHING IMPROVED MENTAL HEALTH OUTCOMES FOR PATIENTS Sec.

1121.

Innovation for mental health.

Sec.

1122.

Crisis care coordination.

Sec.

1123.

Treatment of serious mental illness.

Sec.

1124.

Study on the costs of serious mental illness.

Sec.

1131.

Maintaining education and training on eating disorders.

CHAPTER 4—ANNA WESTIN LEGACY CHAPTER 5—COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT REAUTHORIZATION Sec.

1141.

Reauthorization of block grants for community mental health services.
CHAPTER 6—PEER-SUPPORTED MENTAL HEALTH SERVICES Sec.

1151.

Peer-supported mental health services.

Subtitle B—Substance Use Disorder Prevention, Treatment, and Recovery Services CHAPTER 1—NATIVE BEHAVIORAL HEALTH RESOURCES Sec.

1201.

Behavioral health and substance use disorder resources for Native Americans.

CHAPTER 2—SUMMER BARROW PREVENTION, TREATMENT, AND RECOVERY Sec.

1211.

Grants for the benefit of homeless individuals.

Sec.

1212.
Sec.

1212.

Priority substance use disorder treatment needs of regional and national significance.

Sec.

1213.

Evidence-based prescription opioid and heroin treatment and interven- tions demonstration.

Sec.

1214.

Priority substance use disorder prevention needs of regional and na- tional significance.

Sec.

1215.

Sober Truth on Preventing (STOP) Underage Drinking Reauthorization.

Sec.

1216.

Grants for jail diversion programs.

Sec.

1217.

Formula grants to States.

Sec.

1218.


Projects for Assistance in Transition From Homelessness.

Sec.

1219.

Grants for reducing overdose deaths.

Sec.

1220.

Opioid overdose reversal medication access and education grant pro- grams.

Sec.

1221.

Emergency department alternatives to opioids.

CHAPTER 3—EXCELLENCE IN RECOVERY HOUSING Sec.

1231.

Clarifying the role of SAMHSA in promoting the availability of high- quality recovery housing.

Sec.

1232.
Sec.

1232.

Developing guidelines for States to promote the availability of high-qual- ity recovery housing.

Sec.

1233.

Coordination of Federal activities to promote the availability of recovery housing.

Sec.

1234.

National Academies of Sciences, Engineering, and Medicine study and report.

Sec.

1235.

Grants for States to promote the availability of recovery housing and services.

Sec.

1236.

Funding.

Sec.

1237.

Technical correction.


CHAPTER 4—SUBSTANCE USE PREVENTION, TREATMENT, AND RECOVERY SERVICES BLOCK GRANT Sec.

1241.

Eliminating stigmatizing language relating to substance use.

Sec.

1242.

Authorized activities.

H. R. 2617—1171 Sec.

1243.

State plan requirements.

Sec.

1244.

Updating certain language relating to Tribes.

Sec.

1245.

Block grants for substance use prevention, treatment, and recovery serv- ices.

Sec.

1246.

Requirement of reports and audits by States.

Sec.


1247.

Study on assessment for use of State resources.

CHAPTER 5—TIMELY TREATMENT FOR OPIOID USE DISORDER Sec.

1251.

Study on exemptions for treatment of opioid use disorder through opioid treatment programs during the COVID–19 public health emergency.

Sec.

1252.

Changes to Federal opioid treatment standards.

CHAPTER 6—ADDITIONAL PROVISIONS RELATING TO ADDICTION TREATMENT Sec.

1261.

Prohibition.

Sec.

1262.


Eliminating additional requirements for dispensing narcotic drugs in schedule III, IV, and V for maintenance or detoxification treatment.

Sec.

1263.

Requiring prescribers of controlled substances to complete training.

Sec.

1264.

Increase in number of days before which certain controlled substances must be administered.

CHAPTER 7—OPIOID CRISIS RESPONSE Sec.

1271.

Opioid prescription verification.

Sec.

1272.


Synthetic opioid and emerging drug misuse danger awareness.

Sec.

1273.

Grant program for State and Tribal response to opioid use disorders.

Subtitle C—Access to Mental Health Care and Coverage CHAPTER 1—IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE SERVICES Sec.

1301.

Improving uptake and patient access to integrated care services.

CHAPTER 2—HELPING ENABLE ACCESS TO LIFESAVING SERVICES Sec.

1311.
1311.

Reauthorization and provision of certain programs to strengthen the health care workforce.

Sec.

1312.

Reauthorization of minority fellowship program.

CHAPTER 3—ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH PLANS Sec.

1321.

Eliminating the opt-out for nonfederal governmental health plans.

CHAPTER 4—MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY IMPLEMENTATION Sec.

1331.

Grants to support mental health and substance use disorder parity im- plementation.
Subtitle D—Children and Youth CHAPTER 1—SUPPORTING CHILDREN’S MENTAL HEALTH CARE ACCESS Sec.

1401.

Technical assistance for school-based health centers.

Sec.

1402.

Infant and early childhood mental health promotion, intervention, and treatment.

Sec.

1403.

Co-occurring chronic conditions and mental health in youth study.

Sec.

1404.

Best practices for behavioral and mental health intervention teams.

CHAPTER 2—CONTINUING SYSTEMS OF CARE FOR CHILDREN Sec.

1411.
1411.

Comprehensive Community Mental Health Services for Children with Serious Emotional Disturbances.

Sec.

1412.

Substance Use Disorder Treatment and Early Intervention Services for Children and Adolescents.

CHAPTER 3—GARRETT LEE SMITH MEMORIAL REAUTHORIZATION Sec.

1421.

Suicide prevention technical assistance center.

Sec.

1422.

Youth suicide early intervention and prevention strategies.

Sec.

1423.

Mental health and substance use disorder services for students in higher education.

Sec.

1424.
Sec.

1424.

Mental and behavioral health outreach and education at institutions of higher education.

CHAPTER 4—MEDIA AND MENTAL HEALTH Sec.

1431.

Study on the effects of smartphone and social media use on adolescents.

H. R. 2617—1172 Sec.

1432.

Research on the health and development effects of media and related technology on infants, children, and adolescents.

Sec.

1501.

Limitations on authority.


Subtitle E—Miscellaneous Provisions TITLE II—PREPARING FOR AND RESPONDING TO EXISTING VIRUSES, EMERGING NEW THREATS, AND PANDEMICS Sec.

2001.

Short title.

Subtitle A—Strengthening Federal and State Preparedness CHAPTER 1—FEDERAL LEADERSHIP AND ACCOUNTABILITY Sec.

2101.

Appointment and authority of the Director of the Centers for Disease Control and Prevention.

Sec.

2102.

Advisory committee to the director of the centers for disease control and prevention.
Sec.

2103.

Public health and medical preparedness and response coordination.

Sec.

2104.

Office of Pandemic Preparedness and Response Policy.

CHAPTER 2—STATE AND LOCAL READINESS Sec.

2111.

Improving State and local public health security.

Sec.

2112.

Supporting access to mental health and substance use disorder services during public health emergencies.

Sec.

2113.

Trauma care reauthorization.

Sec.

2114.

Assessment of containment and mitigation of infectious diseases.

Sec.

2115.
Sec.

2115.

Consideration of unique challenges in noncontiguous States and terri- tories.

Subtitle B—Improving Public Health Preparedness and Response Capacity CHAPTER 1—IMPROVING PUBLIC HEALTH EMERGENCY RESPONSES Sec.

2201.

Addressing factors related to improving health outcomes.

CHAPTER 2—IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA Sec.

2211.

Modernizing State, local, and Tribal biosurveillance capabilities and in- fectious disease data.

Sec.

2212.
Sec.

2212.

Genomic sequencing, analytics, and public health surveillance of patho- gens.

Sec.

2213.

Supporting State, local, and Tribal public health data.

Sec.

2214.

Epidemic forecasting and outbreak analytics.

Sec.

2215.

Public health data transparency.

Sec.

2216.

GAO report on public health preparedness, response, and recovery data capabilities.

CHAPTER 3—REVITALIZING THE PUBLIC HEALTH WORKFORCE Sec.

2221.

Improving recruitment and retention of the frontline public health work- force.
Sec.

2222.

Awards to support community health workers and community health.

Sec.

2223.

Improving public health emergency response capacity.

Sec.

2224.

Increasing educational opportunities for allied health professions.

Sec.

2225.

Public Health Service Corps annual and sick leave.

Sec.

2226.

Leadership exchange pilot for public health and medical preparedness and response positions at the Department of Health and Human Serv- ices.

Sec.

2227.
Sec.

2227.

Continuing educational support for health professionals serving in rural and underserved communities.

CHAPTER 4—ENHANCING PUBLIC HEALTH PREPAREDNESS AND RESPONSE Sec.

2231.

Centers for public health preparedness and response.

Sec.

2232.

Vaccine distribution plans.

Sec.

2233.

Coordination and collaboration regarding blood supply.

Sec.

2234.

Supporting laboratory capacity and international collaboration to ad- dress antimicrobial resistance.

Sec.

2235.

One Health framework.

Sec.


2236.

Supporting children during public health emergencies.

Subtitle C—Accelerating Research and Countermeasure Discovery CHAPTER 1—FOSTERING RESEARCH AND DEVELOPMENT AND IMPROVING COORDINATION Sec.

2301.

Research centers for pathogens of pandemic concern.

H. R. 2617—1173 Sec.

2302.

Improving medical countermeasure research coordination.

Sec.

2303.

Accessing specimen samples and diagnostic tests.

Sec.

2304.
Sec.

2304.

National Academies of Sciences, Engineering, and Medicine study on natural immunity in relation to the COVID–19 pandemic.

CHAPTER 2—IMPROVING BIOSAFETY AND BIOSECURITY Sec.

2311.

Improving control and oversight of select biological agents and toxins.

Sec.

2312.

Strategy for Federal high-containment laboratories.

Sec.

2313.

National Science Advisory Board for Biosecurity.

Sec.

2314.

Research to improve biosafety.

Sec.

2315.


Federally-funded research with enhanced pathogens of pandemic poten- tial.

CHAPTER 3—PREVENTING UNDUE FOREIGN INFLUENCE IN BIOMEDICAL RESEARCH Sec.

2321.

Foreign talent recruitment programs.

Sec.

2322.

Securing identifiable, sensitive information and addressing other na- tional security risks related to research.

Sec.

2323.

Duties of the Director.

Sec.

2324.

Protecting America’s biomedical research enterprise.

Sec.

2325.

GAO Study.

Sec.


2326.

Report on progress to address undue foreign influence.

CHAPTER 4—ADVANCED RESEARCH PROJECTS AGENCY–HEALTH Sec.

2331.

Advanced Research Projects Agency–Health.

Subtitle D—Modernizing and Strengthening the Supply Chain for Vital Medical Products Sec.

2401.

Warm base manufacturing capacity for medical countermeasures.

Sec.

2402.

Supply chain considerations for the Strategic National Stockpile.

Sec.

2403.

Strategic National Stockpile equipment maintenance.

Sec.
Sec.

2404.

Improving transparency and predictability of processes of the Strategic National Stockpile.

Sec.

2405.

Improving supply chain flexibility for the Strategic National Stockpile.

Sec.

2406.

Reimbursement for certain supplies.

Sec.

2407.

Action reporting on stockpile depletion.

Sec.

2408.

Provision of medical countermeasures to Indian programs and facilities.

Sec.

2409.

Grants for State strategic stockpiles.

Sec.

2410.
Sec.

2410.

Study on incentives for domestic production of generic medicines.

Sec.

2411.

Increased manufacturing capacity for certain critical antibiotic drugs.

Subtitle E—Enhancing Development and Combating Shortages of Medical Products CHAPTER 1—DEVELOPMENT AND REVIEW Sec.

2501.

Accelerating countermeasure development and review.

Sec.

2502.

Third party test evaluation during emergencies.

Sec.

2503.

Platform technologies.

Sec.

2504.

Increasing EUA decision transparency.

Sec.

2505.


Improving FDA guidance and communication.

CHAPTER 2—MITIGATING SHORTAGES Sec.

2511.

Ensuring registration of foreign drug and device manufacturers.

Sec.

2512.

Extending expiration dates for certain drugs.

Sec.

2513.

Combating counterfeit devices.

Sec.

2514.

Preventing medical device shortages.

Sec.

2515.

Technical corrections.

TITLE III—FOOD AND DRUG ADMINISTRATION Sec.

3001.

Short title.

Sec.

3002.

Definition.


Subtitle A—Reauthorizations Sec.

3101.

Reauthorization of the critical path public-private partnership.

Sec.

3102.

Reauthorization of the best pharmaceuticals for children program.

Sec.

3103.

Reauthorization of the humanitarian device exemption incentive.

Sec.

3104.

Reauthorization of the pediatric device consortia program.

Sec.

3105.

Reauthorization of provision pertaining to drugs containing single enantiomers.

Sec.

3106.
Sec.

3106.

Reauthorization of certain device inspections.

Sec.

3107.

Reauthorization of orphan drug grants.

Sec.

3108.

Reauthorization of reporting requirements related to pending generic drug applications and priority review applications.

H. R. 2617—1174 Sec.

3109.

Reauthorization of third-party review program.

Subtitle B—Drugs and Biologics CHAPTER 1—RESEARCH, DEVELOPMENT, AND COMPETITION IMPROVEMENTS Sec.

3201.
3201.

Prompt reports of marketing status by holders of approved applications for biological products.

Sec.

3202.

Improving the treatment of rare diseases and conditions.

Sec.

3203.

Emerging technology program.

Sec.

3204.

National Centers of Excellence in Advanced and Continuous Pharma- ceutical Manufacturing.

Sec.

3205.

Public workshop on cell therapies.

Sec.

3206.

Clarifications to exclusivity provisions for first interchangeable bio- similar biological products.

Sec.

3207.
Sec.

3207.

GAO report on nonprofit pharmaceutical organizations.

Sec.

3208.

Rare disease endpoint advancement pilot program.

Sec.

3209.

Animal testing alternatives.

Sec.

3210.

Modernizing accelerated approval.

Sec.

3211.

Antifungal research and development.

Sec.

3212.

Advancing qualified infectious disease product innovation.

Sec.

3213.

Advanced manufacturing technologies designation program.

CHAPTER 2—TRANSPARENCY, PROGRAM INTEGRITY, AND REGULATORY IMPROVEMENTS Sec.

3221.
3221.

Safer disposal of opioids.

Sec.

3222.

Therapeutic equivalence evaluations.

Sec.

3223.

Public docket on proposed changes to third-party vendors.

Sec.

3224.

Enhancing access to affordable medicines.

Subtitle C—Medical Devices Sec.

3301.

Dual submission for certain devices.

Sec.

3302.

Medical Devices Advisory Committee meetings.

Sec.

3303.

GAO report on third-party review.

Sec.

3304.

Certificates to foreign governments.

Sec.

3305.

Ensuring cybersecurity of medical devices.

Sec.


3306.

Bans of devices for one or more intended uses.

Sec.

3307.

Third party data transparency.

Sec.

3308.

Predetermined change control plans for devices.

Sec.

3309.

Small business fee waiver.

Sec.

3401.

Protecting infants and improving formula supply.

Subtitle D—Infant Formula Subtitle E—Cosmetics Sec.

3501.

Short title.

Sec.

3502.

Amendments to cosmetic requirements.

Sec.

3503.

Enforcement and conforming amendments.

Sec.

3504.
Sec.

3504.

Records inspection.

Sec.

3505.

Talc-containing cosmetics.

Sec.

3506.

PFAS in cosmetics.

Sec.

3507.

Sense of the Congress on animal testing.

Sec.

3508.

Funding.

Subtitle F—Cross-Cutting Provisions CHAPTER 1—CLINICAL TRIAL DIVERSITY AND MODERNIZATION Sec.

3601.

Diversity action plans for clinical studies.

Sec.

3602.

Guidance on diversity action plans for clinical studies.

Sec.

3603.

Public workshops to enhance clinical study diversity.

Sec.

3604.
Sec.

3604.

Annual summary report on progress to increase diversity in clinical studies.

Sec.

3605.

Public meeting on clinical study flexibilities initiated in response to COVID–19 pandemic.

Sec.

3606.

Decentralized clinical studies.

Sec.

3607.

Modernizing clinical trials.

CHAPTER 2—INSPECTIONS Sec.

3611.

Device inspections.

Sec.

3612.

Bioresearch monitoring inspections.

Sec.

3613.

Improving Food and Drug Administration inspections.

Sec.

3614.
Sec.

3614.

GAO report on inspections of foreign establishments manufacturing drugs.

H. R. 2617—1175 Sec.

3615.

Unannounced foreign facility inspections pilot program.

Sec.

3616.

Enhancing coordination and transparency on inspections.

Sec.

3617.

Enhancing transparency of drug facility inspection timelines.

CHAPTER 3—MISCELLANEOUS Sec.

3621.

Regulation of certain products as drugs.

Sec.

3622.

Women’s Health Research Roadmap.

Sec.

3623.

Strategic workforce plan and report.

Sec.

3624.


Enhancing Food and Drug Administration hiring authority for scientific, technical, and professional personnel.

Sec.

3625.

Facilities management.

Sec.

3626.

User fee program transparency and accountability.

Sec.

3627.

Improving information technology systems of the Food and Drug Admin- istration.

Sec.

3628.

Reporting on mailroom and Office of the Executive Secretariat of the Food and Drug Administration.

Sec.

3629.
Sec.

3629.

Facilitating the use of real world evidence.

Sec.

3630.

Facilitating exchange of product information prior to approval.

Sec.

3631.

Streamlining blood donor input.

TITLE IV—MEDICARE PROVISIONS Subtitle A—Medicare Extenders Sec.

4101.

Extension of increased inpatient hospital payment adjustment for cer- tain low-volume hospitals.

Sec.

4102.

Extension of the Medicare-Dependent Hospital program.

Sec.

4103.

Extension of add-on payments for ambulance services.
Subtitle B—Other Expiring Medicare Provisions Sec.

4111.

Extending incentive payments for participation in eligible alternative payment models.

Sec.

4112.

Extension of support for physicians and other professionals in adjusting to Medicare payment changes.

Sec.

4113.

Advancing telehealth Beyond COVID–19.

Sec.

4114.

Revised phase-in of Medicare clinical laboratory test payment changes.

Subtitle C—Medicare Mental Health Provisions Sec.

4121.
4121.

Coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program.

Sec.

4122.

Additional residency positions.

Sec.

4123.

Improving mobile crisis care in Medicare.

Sec.

4124.

Ensuring adequate coverage of outpatient mental health services under the Medicare program.

Sec.

4125.

Improvements to Medicare prospective payment system for psychiatric hospitals and psychiatric units.

Sec.

4126.

Exception for physician wellness programs.


Sec.

4127.

Consideration of safe harbor under the anti-kickback statute for certain contingency management interventions.

Sec.

4128.

Provider outreach and reporting on certain behavioral health integration services.

Sec.

4129.

Outreach and reporting on opioid use disorder treatment services fur- nished by opioid treatment programs.

Sec.

4130.
Sec.

4130.

GAO study and report comparing coverage of mental health and sub- stance use disorder benefits and non-mental health and substance use disorder benefits.

Subtitle D—Other Medicare Provisions Sec.

4131.

Temporary inclusion of authorized oral antiviral drugs as covered part D drug.

Sec.

4132.

Restoration of CBO access to certain part D payment data.

Sec.

4133.

Medicare coverage of certain lymphedema compression treatment items.

Sec.

4134.

Permanent in-home benefit for IVIG services.


Sec.

4135.

Access to non-opioid treatments for pain relief.

Sec.

4136.

Technical amendments to Medicare separate payment for disposable negative pressure wound therapy devices.

Sec.

4137.

Extension of certain home health rural add-on payments.

Sec.

4138.

Remedying election revocations relating to administration of COVID–19 vaccines.

Sec.

4139.

Payment rates for durable medical equipment under the Medicare Pro- gram.

Sec.

4140.
Sec.

4140.

Extending Acute Hospital Care at Home waivers and flexibilities.

H. R. 2617—1176 Sec.

4141.

Extension of pass-through status under the Medicare program for cer- tain devices impacted by COVID–19.

Sec.

4142.

Increasing transparency for home health payments under the Medicare program.

Sec.

4143.

Waiver of cap on annual payments for nursing and allied health edu- cation payments.

Subtitle E—Health Care Tax Provisions Sec.

4151.


Extension of safe harbor for absence of deductible for telehealth.

Subtitle F—Offsets Sec.

4161.

Reduction of Medicare Improvement Fund.

Sec.

4162.

Extension of adjustment to calculation of hospice cap amount under Medicare.

Sec.

4163.

Medicare direct spending reductions.

TITLE V—MEDICAID AND CHIP PROVISIONS Sec.

5101.

Medicaid adjustments for the territories.

Subtitle A—Territories Subtitle B—Medicaid and CHIP Coverage Sec.

5111.
5111.

Funding extension of the Children’s Health Insurance Program and re- lated provisions.

Sec.

5112.

Continuous eligibility for children under Medicaid and CHIP.

Sec.

5113.

Modifications to postpartum coverage under Medicaid and CHIP.

Sec.

5114.

Extension of Money Follows the Person Rebalancing demonstration.

Sec.

5115.

Extension of Medicaid protections against spousal impoverishment for recipients of home and community-based services.

Subtitle C—Medicaid and CHIP Mental Health Sec.

5121.
5121.

Medicaid and CHIP requirements for health screenings, referrals, and case management services for eligible juveniles in public institutions.

Sec.

5122.

Removal of limitations on Federal financial participation for inmates who are eligible juveniles pending disposition of charges.

Sec.

5123.

Requiring accurate, updated, and searchable provider directories.

Sec.

5124.

Supporting access to a continuum of crisis response services under Med- icaid and CHIP.
Subtitle D—Transitioning From Medicaid FMAP Increase Requirements Sec.

5131.

Transitioning from Medicaid FMAP increase requirements.

Subtitle E—Medicaid Improvement Fund Sec.

5141.

Medicaid improvement fund.

TITLE VI—HUMAN SERVICES Sec.

6101.

Jackie Walorski Maternal and Child Home Visiting Reauthorization Act of 2022.

Sec.

6102.

Extension of Temporary Assistance for Needy Families Program.

Sec.

6103.

1-year extension of child and family services programs.
TITLE I—RESTORING HOPE FOR MENTAL HEALTH AND WELL-BEING SEC.

1001.

SHORT TITLE.

This title may be cited as the ‘‘Restoring Hope for Mental Health and Well-Being Act of 2022’’.

H. R. 2617—1177 Subtitle A—Mental Health and Crisis Care Needs CHAPTER 1—CRISIS CARE SERVICES AND 9–8–8 IMPLEMENTATION SEC.

1101.

BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.

Part A of title V of the Public Health Service Act (42 U.S.C.

290aa et seq.)

is amended by inserting after section 501A (42 U.S.C.
290aa–0) the following: ‘‘SEC.

501B.

BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.
‘‘(a) IN GENERAL.—The Secretary shall establish, within the Substance Abuse and Mental Health Services Administration, an office to coordinate work relating to behavioral health crisis care across the operating divisions and agencies of the Department of Health and Human Services, including the Substance Abuse and Mental Health Services Administration, the Centers for Medicare & Medicaid Services, and the Health Resources and Services Administration, and external stakeholders.
‘‘(b) DUTY.—The office established under subsection (a) shall— ‘‘(1) convene Federal, State, Tribal, local, and private part- ners; ‘‘(2) launch and manage Federal workgroups charged with making recommendations regarding issues related to mental health and substance use disorder crises, including with respect to health care best practices, workforce development, health disparities, data collection, technology, program oversight, public awareness, and engagement; and ‘‘(3) support technical assistance, data analysis, and evalua- tion functions in order to assist States, localities, Territories, Indian Tribes, and Tribal organizations in developing crisis care systems and identifying best practices with the objective of expanding the capacity of, and access to, local crisis call centers, mobile crisis care, crisis stabilization, psychiatric emer- gency services, and rapid post-crisis follow-up care provided by— ‘‘(A) the National Suicide Prevention and Mental Health Crisis Hotline and Response System; ‘‘(B) the Veterans Crisis Line; ‘‘(C) community mental health centers (as defined in section 1861(ff)(3)(B) of the Social Security Act); ‘‘(D) certified community behavioral health clinics, as described in section 223 of the Protecting Access to Medi- care Act of 2014; and ‘‘(E) other community mental health and substance use disorder providers.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2027.’’.

SEC.

1102.

CRISIS RESPONSE CONTINUUM OF CARE.
(a) IN GENERAL.—The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall facilitate the identification and publication of best practices for a crisis response continuum of care related to mental health and substance H. R. 2617—1178 use disorders for use by health care providers, crisis services administrators, and crisis services providers in responding to individuals (including children and adolescents) experiencing mental health crises, substance-related crises, and crises arising from co-occurring disorders.
(b) BEST PRACTICES.— (1) IN GENERAL.—The best practices published under sub- section (a) shall, as appropriate, address best practices related to crisis response services for the range of entities that furnish such services, taking into consideration such services that— (A) do not require prior authorization from an insur- ance provider or group health plan nor a referral from a health care provider prior to the delivery of services; (B) provide for serving all individuals regardless of age or ability to pay; (C) provide for operating 24 hours a day, 7 days a week; (D) provide for care and support through resources described in paragraph (2)(A) until the individual has been stabilized or transferred to the next level of crisis care; and (E) address psychiatric stabilization, including for— (i) individuals screened over the phone, text, and chat; and (ii) individuals stabilized on the scene by mobile teams.
(2) IDENTIFICATION OF FUNCTIONS.—The best practices pub- lished under subsection (a) shall consider the functions of the range of services in the crisis response continuum, including the following: (A) Identification of resources for referral and enroll- ment in continuing mental health, substance use, or other human services relevant for the individual in crisis where necessary.

(B) A description of access and entry points to services within the crisis response continuum.
(C) Identification, as appropriate and consistent with State laws, of any protocols and agreements for the transfer and receipt of individuals to and from other segments of the crisis response continuum segments as needed, and from outside referrals, including health care providers, first responders (including law enforcement, paramedics, and firefighters), education institutions, and community-based organizations.
(D) Description of the qualifications of the range of crisis services staff, including roles for physicians, licensed clinicians, case managers, and peers (in accordance with State licensing requirements or requirements applicable to Tribal health professionals).
(E) The convening of collaborative meetings of relevant crisis response system partners, such as crisis response service providers, first responders (including law enforce- ment, paramedics, and firefighters), and community part- ners (including the National Suicide Prevention Lifeline or 9–8–8 call centers, 9–1–1 public service answering points, and local mental health and substance use disorder treatment providers), operating in a common region for H. R. 2617—1179 the discussion of case management, best practices, and general performance improvement.
(3) SERVICE CAPACITY AND QUALITY BEST PRACTICES.—The best practices under subsection (a) may include recommenda- tions on— (A) the volume of services to meet population need; (B) appropriate timely response; and (C) capacity to meet the needs of different patient populations that may experience a mental health or sub- stance use crisis, including children, families, and all age groups, racial and ethnic minorities, veterans, individuals with co-occurring mental health and substance use dis- orders, individuals with disabilities, and individuals with chronic illness.
(4) IMPLEMENTATION TIMEFRAME.—The Secretary shall— (A) not later than 1 year after the date of enactment of this section, publish and maintain the best practices required by subsection (a); and (B) after 3 years, facilitate the identification of any updates to such best practices, as appropriate.
(5) EVALUATIONS.—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, an assessment of relevant programs related to mental health and substance use disorder crises authorized under title V of the Public Health Service Act (42 U.S.C.

290aa et seq.)
290aa et seq.)

in order to assess the extent to which such programs meet objectives and performance metrics, as determined by the Secretary.
Such evaluation may, as appropriate, include data on— (A) the type and variety of services provided when responding to mental health and substance use-related crises; (B) the impact on emergency department facility use and length of stay, including for patients who require fur- ther psychiatric care; (C) the impact on access to crisis care centers and crisis bed services; (D) the impact on linkage to appropriate post-crisis care; and (E) the use of best practices and recommendations identified under this section.
SEC.

1103.

SUICIDE PREVENTION LIFELINE IMPROVEMENT.

(a) SUICIDE PREVENTION LIFELINE.— (1) ACTIVITIES.—Section 520E–3(b) of the Public Health Service Act (42 U.S.C.
290bb–36c(b)) is amended— (A) in paragraph (1)— (i) by inserting ‘‘supporting and’’ before ‘‘coordi- nating’’; and (ii) by striking ‘‘crisis intervention services’’ and inserting ‘‘mental health crisis intervention services, including appropriate follow-up services,’’; (B) in paragraph (2), by striking ‘‘and’’ at the end; (C) in paragraph (3), by striking the period at the end and inserting a semicolon; and H. R. 2617—1180 (D) by adding at the end the following: ‘‘(4) improving awareness of the program for suicide preven- tion and mental health crisis intervention services, including by conducting an awareness initiative and ongoing outreach to the public; and ‘‘(5) improving the collection and analysis of demographic information, in a manner that protects personal privacy, con- sistent with applicable Federal and State privacy laws, in order to understand disparities in access to the program among individuals who are seeking help.’’.
(2) PLAN.—Section 520E–3 of the Public Health Service Act (42 U.S.C.

290bb–36c) is further amended— (A) by redesignating subsection (c) as subsection (f); and (B) by inserting after subsection (b) the following: ‘‘(c) PLAN.— ‘‘(1) IN GENERAL.—For purposes of supporting the crisis centers under subsection (b)(1) and maintaining the suicide prevention hotline under subsection (b)(2), the Secretary shall develop and implement a plan to ensure the provision of high- quality services.
‘‘(2) CONTENTS.—The plan required by paragraph (1) shall include the following: ‘‘(A) Program evaluation, including performance meas- ures to assess progress toward the goals and objectives of the program and to improve the responsiveness and performance of the hotline, including at all backup call centers.
‘‘(B) Requirements that crisis centers and backup cen- ters must meet— ‘‘(i) to participate in the network under subsection (b)(1); and ‘‘(ii) to ensure that each telephone call and applicable other communication received by the hotline, including at backup call centers, is answered in a timely manner, consistent with evidence-based guid- ance or other guidance or best practices, as appro- priate.
‘‘(C) Specific recommendations and strategies for imple- menting evidence-based practices, including with respect to followup and communicating the availability of resources in the community for individuals in need.

‘‘(D) Criteria for carrying out periodic testing of the hotline during each fiscal year, including at crisis centers and backup centers, to identify and address any problems in a timely manner.
‘‘(3) CONSULTATION.—In developing requirements under paragraph (2)(B), the Secretary shall consult with State depart- ments of health, local governments, Indian Tribes, and Tribal organizations.
‘‘(4) INITIAL PLAN; UPDATES.—The Secretary shall— ‘‘(A) not later than 1 year after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, complete development of the initial plan under paragraph (1) and make such plan publicly available; and ‘‘(B) periodically thereafter, update such plan and make the updated plan publicly available.’’.
H. R. 2617—1181 (3) TRANSMISSION OF DATA TO CDC AND TO ASSIST STATE AND LOCAL AGENCIES.—Section 520E–3 of the Public Health Service Act (42 U.S.C.
290bb–36c) is amended by inserting after subsection (c), as added by paragraph (2), the following: ‘‘(d) IMPROVING EPIDEMIOLOGICAL DATA.—The Secretary shall, as appropriate, formalize and strengthen agreements between the Suicide Prevention Lifeline program and the Centers for Disease Control and Prevention with respect to the secure sharing of de- identified epidemiological data.
Such agreements shall include appropriate privacy and security protections that meet the require- ments of applicable Federal law, at a minimum.
‘‘(e) DATA TO ASSIST STATE AND LOCAL SUICIDE PREVENTION ACTIVITIES.—The Secretary shall ensure that the aggregated information collected and any applicable analyses conducted under subsection (b)(5), including from local call centers, as applicable, are made available in a usable format to State and local agencies in order to inform suicide prevention activities.’’.

(4) AUTHORIZATION OF APPROPRIATIONS.—Subsection (f) of section 520E–3 of the Public Health Service Act (42 U.S.C.
290bb–36c), as redesignated by paragraph (2), is amended to read as follows: ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec- tion, there are authorized to be appropriated $101,621,000 for each of fiscal years 2023 through 2027.’’.
(b) PILOT PROGRAM ON INNOVATIVE TECHNOLOGIES.— (1) IN GENERAL.—The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall, as appropriate, carry out a pilot program to research, analyze, and employ various tech- nologies and platforms of communication (including social media platforms, texting platforms, and email platforms) for suicide prevention in addition to the telephone and online chat service provided by the Suicide Prevention Lifeline.
(2) REPORT.—Not later than 24 months after the date on which the pilot program under paragraph (1) commences, the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall submit to the Congress a report on the pilot program.
With respect to each platform of communication employed pursuant to the pilot program, the report shall include— (A) a full description of the program; (B) the number of individuals served by the program; (C) the average wait time for each individual to receive a response; (D) the cost of the program, including the cost per individual served; and (E) any other information the Secretary determines appropriate.
(c) HHS STUDY AND REPORT.—Not later than 2 years after the Secretary of Health and Human Services completes development of the plan under section 520E–3(c) of the Public Health Service Act, as added by subsection (a)(2)(B), the Secretary shall— (1) complete a study on— (A) the implementation of such plan, including the progress towards meeting the goals and objectives identi- fied pursuant to paragraph (2)(A) of such section 520E– 3(c); and H. R. 2617—1182 (B) in consultation with the Director of the Centers for Disease Control and Prevention, options to improve data regarding usage of the Suicide Prevention Lifeline, such as repeat calls, consistent with applicable Federal and State privacy laws; and (2) submit a report to Congress on the progress made on meeting the goals and objectives identified pursuant to paragraph (2)(A) of such section 520E–3(c) and recommenda- tions on improving the program, including improvements to enhance data collection and usage.
(d) GAO STUDY AND REPORT.— (1) IN GENERAL.—Not later than 2 years after the Secretary of Health and Human Services begins implementation of the plan required by section 520E–3(c) of the Public Health Service Act, as added by subsection (a)(2)(B), the Comptroller General of the United States shall— (A) complete a study on the Suicide Prevention Lifeline; and (B) submit a report to the Congress on the results of such study.
(2) CONTENT.—The study required by paragraph (1) shall include what is known about— (A) the feasibility of routing calls to the Suicide Preven- tion Lifeline to the nearest crisis center based on the phys- ical location of the contact; (B) capacity of the Suicide Prevention Lifeline; (C) State and regional variation with respect to access to crisis centers described in section 520E–3(b)(1) of the Public Health Service Act (42 U.S.C.
290bb–36c(b)(1)), including wait times, answer times, hours of operation, and funding sources; (D) the implementation of the plan under section 520E– 3(c) of the Public Health Service Act, as added by subsection (a)(2)(B), including the progress toward meeting the goals and objectives in such plan; and (E) the capacity of the Suicide Prevention Lifeline to handle calls from individuals with limited English pro- ficiency.
(3) RECOMMENDATIONS.—The report required by paragraph (1) shall include recommendations for improving the Suicide Prevention Lifeline, including recommendations for administra- tive actions.

(e) DEFINITION.—In this section, the term ‘‘Suicide Prevention Lifeline’’ means the suicide prevention hotline maintained pursuant to section 520E–3 of the Public Health Service Act (42 U.S.C.

290bb–36c).

CHAPTER 2—INTO THE LIGHT FOR MATERNAL MENTAL HEALTH AND SUBSTANCE USE DISORDERS SEC.

1111.
1111.

SCREENING AND TREATMENT FOR MATERNAL MENTAL HEALTH AND SUBSTANCE USE DISORDERS.

(a) IN GENERAL.—Section 317L–1 of the Public Health Service Act (42 U.S.C.
247b–13a) is amended— (1) in the section heading, by striking ‘‘MATERNAL DEPRES- SION’’ and inserting ‘‘MATERNAL MENTAL HEALTH AND SUB- STANCE USE DISORDERS’’; and H. R. 2617—1183 (2) in subsection (a)— (A) by inserting ‘‘, Indian Tribes and Tribal organiza- tions (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act)’’ after ‘‘States’’; and (B) by striking ‘‘for women who are pregnant, or who have given birth within the preceding 12 months, for maternal depression’’ and inserting ‘‘for women who are postpartum, pregnant, or have given birth within the pre- ceding 12 months, for maternal mental health and sub- stance use disorders’’.
(b) APPLICATION.—Subsection (b) of section 317L–1 of the Public Health Service Act (42 U.S.C.

247b–13a) is amended— (1) by striking ‘‘a State shall submit’’ and inserting ‘‘an entity listed in subsection (a) shall submit’’; and (2) in paragraphs (1) and (2), by striking ‘‘maternal depres- sion’’ each place it appears and inserting ‘‘maternal mental health and substance use disorders’’.

(c) PRIORITY.—Subsection (c) of section 317L–1 of the Public Health Service Act (42 U.S.C.
247b–13a) is amended— (1) by striking ‘‘may give priority to States proposing to improve or enhance access to screening’’ and inserting the following: ‘‘shall, as appropriate, give priority to entities listed in subsection (a) that— ‘‘(1) are proposing to create, improve, or enhance screening, prevention, and treatment’’; (2) by striking ‘‘maternal depression’’ and inserting ‘‘maternal mental health and substance use disorders’’; (3) by striking the period at the end of paragraph (1), as so designated, and inserting a semicolon; and (4) by inserting after such paragraph (1) the following: ‘‘(2) are currently partnered with, or will partner with, one or more community-based organizations to address maternal mental health and substance use disorders; ‘‘(3) are located in, or provide services under this section in, an area with disproportionately high rates of maternal mental health or substance use disorders or other related disparities; and ‘‘(4) operate in a health professional shortage area des- ignated under section 332, including maternity care health professional target areas.’’.
(d) USE OF FUNDS.—Subsection (d) of section 317L–1 of the Public Health Service Act (42 U.S.C.
247b–13a) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking ‘‘to health care providers; and’’ and inserting ‘‘on maternal mental health and substance use disorder screening, brief intervention, treatment (as applicable for health care providers), and referrals for treatment to health care providers in the primary care setting and, as applicable, relevant health paraprofessionals;’’; (B) in subparagraph (B), by striking ‘‘to health care providers, including information on maternal depression screening, treatment, and followup support services, and linkages to community-based resources; and’’ and inserting ‘‘on maternal mental health and substance use disorder screening, brief intervention, treatment (as applicable for H. R. 2617—1184 health care providers) and referrals for treatment, follow- up support services, and linkages to community-based resources to health care providers in the primary care setting and, as applicable, relevant health paraprofes- sionals; and’’; and (C) by adding at the end the following: ‘‘(C) to the extent practicable and appropriate, enabling health care providers (such as obstetrician-gynecologists, nurse practitioners, nurse midwives, pediatricians, psychia- trists, mental and other behavioral health care providers, and adult primary care clinicians) to provide or receive real-time psychiatric consultation (in-person or remotely), including through the use of technology-enabled collabo- rative learning and capacity building models (as defined in section 330N), to
 aid in the treatment of pregnant and postpartum women; and’’; and (2) in paragraph (2)— (A) by striking subparagraph (A); (B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; (C) in subparagraph (A), as so redesignated, by striking ‘‘and’’ at the end; (D) in subparagraph (B), as so redesignated— (i) by inserting ‘‘, including’’ before ‘‘for rural areas’’; and (ii) by striking the period at the end and inserting a semicolon; and (E) by inserting after subparagraph (B),
 as so redesig- nated, the following: ‘‘(C) providing assistance to pregnant and postpartum women to receive maternal mental health and substance use disorder treatment, including patient consultation, care coordination, and navigation for such treatment; ‘‘(D) coordinating, as appropriate, with maternal and child health programs of State, local, and Tribal govern- ments, including child psychiatric access programs; ‘‘(E) conducting public outreach and awareness regarding grants under subsection (a); ‘‘(F) creating multistate consortia to carry out the activities required or authorized under this subsection; and ‘‘(G) training health care providers in the primary care setting and relevant health paraprofessionals on trauma- informed care, culturally and linguistically appropriate services, and best practices related to training to improve the provision of maternal mental health and substance use disorder care for racial and ethnic minority populations and reduce related disparities in the delivery of such care.’’.
(e) ADDITIONAL PROVISIONS.—Section 317L–1 of the Public Health Service Act (42 U.S.C.

247b–13a) is amended— (1) by redesignating subsection (e) as subsection (h); and (2) by inserting after subsection (d) the following: ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall provide tech- nical assistance to grantees and entities listed in subsection (a) for carrying out activities pursuant to this section.
‘‘(f) DISSEMINATION OF BEST PRACTICES.—The Secretary, based on evaluation of the activities funded pursuant to this section, shall identify and disseminate evidence-based or evidence-informed H. R. 2617—1185 practices for screening, assessment, treatment, and referral to treat- ment services for maternal mental health and substance use dis- orders, including culturally and linguistically appropriate services, for women during pregnancy and 12 months following pregnancy.
‘‘(g) MATCHING REQUIREMENT.—The Federal share of the cost of the activities for which a grant is made to an entity under subsection (a) shall not exceed 90 percent of the total cost of such activities.’’.

(f) AUTHORIZATION OF APPROPRIATIONS.—Subsection (h) of sec- tion 317L–1 (42 U.S.C.
247b–13a) of the Public Health Service Act, as redesignated by subsection (e), is amended— (1) by striking ‘‘$5,000,000’’ and inserting ‘‘$24,000,000’’; and (2) by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’.

SEC.

1112.

MATERNAL MENTAL HEALTH HOTLINE.

Part P of title III of the Public Health Service Act (42 U.S.C.

280g et seq.)

is amended by adding at the end the following: ‘‘SEC.

399V–7.

MATERNAL MENTAL HEALTH HOTLINE.


‘‘(a) IN GENERAL.—The Secretary shall maintain, by grant or contract, a national maternal mental health hotline to provide emotional support, information, brief intervention, and mental health and substance use disorder resources to pregnant and postpartum women at risk of, or affected by, maternal mental health and substance use disorders, and to their families or house- hold members.
‘‘(b) REQUIREMENTS FOR HOTLINE.—The hotline under sub- section (a) shall— ‘‘(1) be a 24/7 real-time hotline; ‘‘(2) provide voice and text support; ‘‘(3) be staffed by certified peer specialists, licensed health care professionals, or licensed mental health professionals who are trained on— ‘‘(A) maternal mental health and substance use dis- order prevention, identification, and intervention; and ‘‘(B) providing culturally and linguistically appropriate support; and ‘‘(4) provide maternal mental health and substance use disorder assistance and referral services to meet the needs of underserved populations, individuals with disabilities, and family and household members of pregnant or postpartum women at risk of experiencing maternal mental health and substance use disorders.
‘‘(c) ADDITIONAL REQUIREMENTS.—In maintaining the hotline under subsection (a), the Secretary shall— ‘‘(1) consult with the Domestic Violence Hotline, National Suicide Prevention Lifeline, and Veterans Crisis Line to ensure that pregnant and postpartum women are connected in real- time to the appropriate specialized hotline service, when applicable; ‘‘(2) conduct a public awareness campaign for the hotline; ‘‘(3) consult with Federal departments and agencies, including the Substance Abuse and Mental Health Services Administration and the Department of Veterans Affairs, to increase awareness regarding the hotline; and H. R. 2617—1186 ‘‘(4) consult with appropriate State, local, and Tribal public health officials, including officials who administer programs that serve low-income pregnant and postpartum individuals.
‘‘(d) ANNUAL REPORT.—The Secretary shall submit an annual report to the Congress on the hotline under subsection (a) and implementation of this section, including— ‘‘(1) an evaluation of the effectiveness of activities conducted or supported under subsection (a); ‘‘(2) a directory of entities or organizations to which staff maintaining the hotline funded under this section may make referrals; and ‘‘(3) such additional information as the Secretary deter- mines appropriate.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec- tion, there are authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027.’’.

SEC.

1113.

TASK FORCE ON MATERNAL MENTAL HEALTH.
(a) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, for purposes of identifying, evaluating, and making rec- ommendations to coordinate and improve Federal activities related to addressing maternal mental health conditions, shall— (1) establish a task force to be known as the Task Force on Maternal Mental Health (in this section referred to as the ‘‘Task Force’’); or (2) incorporate the duties, public meetings, and reports specified in subsections (c) through (f) into existing relevant Federal committees or working groups, such as the Maternal Health Interagency Policy Committee and the Maternal Health Working Group, as appropriate.
(b) MEMBERSHIP.— (1) COMPOSITION.—The Task Force shall be composed of— (A) the Federal members under paragraph (2); and (B) the non-Federal members under paragraph (3).

(2) FEDERAL MEMBERS.—The Federal members of the Task Force shall consist of the following heads of Federal depart- ments and agencies (or their designees): (A) The Assistant Secretary for Health of the Depart- ment of Health and Human Services and the Assistant Secretary for Mental Health and Substance Use, who shall serve as co-chairs.
(B) The Assistant Secretary for Planning and Evalua- tion of the Department of Health and Human Services.

(C) The Assistant Secretary of the Administration for Children and Families.

(D) The Director of the Centers for Disease Control and Prevention.

(E) The Administrator of the Centers for Medicare & Medicaid Services.

(F) The Administrator of the Health Resources and Services Administration.

(G) The Director of the Indian Health Service.


(H) Such other Federal departments and agencies as the Secretary determines appropriate that serve individuals with maternal mental health conditions.
H. R. 2617—1187 (3) NON-FEDERAL MEMBERS.—The non-Federal members of the Task Force shall— (A) compose not more than one-half, and not less than one-third, of the total membership of the Task Force; (B) be appointed by the Secretary; and (C) include— (i) representatives of professional medical societies, professional nursing societies, and relevant health paraprofessional societies with expertise in maternal or mental health; (ii) representatives of nonprofit organizations with expertise in maternal or mental health; (iii) relevant industry representatives; and (iv) other representatives, as appropriate.
(4) DEADLINE FOR DESIGNATING DESIGNEES.—If the Assist- ant Secretary for Health, the Assistant Secretary for Mental Health and Substance Use, or the head of a Federal department or agency serving as a member of the Task Force under para- graph (2), chooses to be represented on the Task Force by a designee, the Assistant Secretary for Health, the Assistant Secretary for Mental Health and Substance Use, or department or agency head shall designate such designee not later than 90 days after the date of the enactment of this section.
(c) DUTIES.—The Task Force shall— (1) prepare and regularly update a report that analyzes and evaluates the state of maternal mental health programs at the Federal level, and identifies best practices with respect to maternal mental health (which may include co-occurring substance use disorders), including— (A) a set of evidence-based, evidence-informed, and promising practices with respect to— (i) prevention strategies for maternal mental health conditions, including strategies and rec- ommendations to reduce racial, ethnic, geographic, and other health disparities; the (iii) (ii) the identification, screening, diagnosis, inter- vention, and treatment of maternal mental health conditions and affected families; referral supports, and implementation of practices, that prevent and mitigate the effects of a maternal mental health condition, including strategies and recommendations to eliminate racial and ethnic disparities that exist in maternal mental health; and timely to (iv) community-based or multigenerational prac- tices that provide support related to maternal mental health conditions, including support for affected fami- lies; and (B) Federal and State programs and activities that support prevention, screening, diagnosis, intervention, and treatment of maternal mental health conditions; (2) develop and regularly update a national strategy for maternal mental health, taking into consideration the findings of the report under paragraph (1), on how the Task Force and Federal departments and agencies represented on the Task Force may prioritize options for, and may improve coordination H. R. 2617—1188 with respect to, addressing maternal mental health conditions, including by— (A) increasing prevention, screening, diagnosis, inter- vention, treatment, and access to maternal mental health care, including clinical and nonclinical care such as peer- support and community health workers, through the public and private sectors; (B) providing support relating to the prevention, intervention, and treatment of
 screening, diagnosis, maternal mental health conditions, including families, as appropriate; (C) reducing racial, ethnic, geographic, and other health disparities related to prevention, diagnosis, inter- vention, treatment, and access to maternal mental health care; (D) identifying opportunities to modify, strengthen, and better coordinate existing Federal infant and maternal health programs in order to improve screening, diagnosis, research, prevention, identification, intervention, and treat- ment with respect to maternal mental health; and (E) improving planning, coordination, and collaboration across Federal departments, agencies, offices, and pro- grams; (3) solicit public comments, as appropriate, from stake- holders for the report under paragraph (1) and the national strategy under paragraph (2) in order to inform the activities and reports of the Task Force; and (4) consider the latest research related to maternal mental health in developing the strategy, including, as applicable and appropriate, data and information disaggregated by relevant factors, such as race, ethnicity, geographical location, age, socio- economic level, and others, as appropriate.
(d) MEETINGS.—The Task Force shall— (1) meet not less than two times each year; and (2) convene public meetings, as appropriate, to fulfill its duties under this section.
(e) REPORTS TO PUBLIC AND FEDERAL LEADERS.—The Task Force shall make publicly available and submit to the heads of relevant Federal departments and agencies, the Committee on Energy and Commerce of the House of Representatives, the Com- mittee on Health, Education, Labor, and Pensions of the Senate, and other relevant congressional committees, the following: (1) Not later than 1 year after the first meeting of the Task Force, an initial report under subsection (c)(1).
(2) Not later than 2 years after the first meeting of the Task Force, an initial national strategy under subsection (c)(2).

(3) Each year thereafter— (A) an updated report under subsection (c)(1); (B) an updated national strategy under subsection (c)(2); or (f) REPORTS TO GOVERNORS.—Upon finalizing the (C) if no update is made under subsection (c)(1) or (c)(2), a report summarizing the activities of the Task Force.
initial national strategy under subsection (c)(2), and upon making relevant updates to such strategy, the Task Force shall submit a report to the Governors of all States describing any opportunities for local- and State-level partnerships identified under subsection (c)(2).

H. R. 2617—1189 (g) SUNSET.—The Task Force shall terminate on September 30, 2027.
(h) NONDUPLICATION OF FEDERAL EFFORTS.—The Secretary may relieve the Task Force, in carrying out subsections (c) through (f), from responsibility for carrying out such activities as may be specified by the Secretary as duplicative of other activities carried out by the Department of Health and Human Services.

SEC.

1114.

RESIDENTIAL TREATMENT PROGRAM FOR PREGNANT AND POSTPARTUM WOMEN PILOT PROGRAM REAUTHORIZA- TION.

Section 508(r) of the Public Health Service Act (42 U.S.C.
290bb–1(r)) is amended— (1) by striking paragraph (4); (2) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and (3) in paragraph (4)(B), as so redesignated— (A) in the matter preceding clause (i), by striking ‘‘The Director’’ and inserting ‘‘Not later than September 30, 2026, the Director’’; and (B) by striking ‘‘the relevant committees of jurisdiction of the House of Representatives and the Senate’’ and inserting ‘‘the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives’’.
CHAPTER 3—REACHING IMPROVED MENTAL HEALTH OUTCOMES FOR PATIENTS SEC.

1121.

INNOVATION FOR MENTAL HEALTH.

(a) NATIONAL MENTAL HEALTH AND SUBSTANCE USE POLICY LABORATORY.—Section 501A of the Public Health Service Act (42 U.S.C.
290aa–0) is amended— (1) in subsection (e)(1), by striking ‘‘Indian tribes or tribal organizations’’ and inserting ‘‘Indian Tribes or Tribal organiza- tions’’; (2) by striking subsection (e)(3); and (3) by adding at the end the following: ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec- tion, there is authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027.’’.
(b) GAO STUDY.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare a report on the work of the National Mental Health and Substance Use Policy Laboratory established under section 501A of the Public Health Service Act (42 U.S.C.
290aa– 0), including— (1) the extent to which such Laboratory is meeting its (2) any recommendations for responsibilities as set forth in such section 501A; and improvement, including methods to expand the use of evidence-based practices across programs, recommendations to improve program evaluations for effectiveness, and dissemination of resources to stakeholders and the public.
(c) INTERDEPARTMENTAL SERIOUS MENTAL ILLNESS COORDI- NATING COMMITTEE.— H. R. 2617—1190 (1) IN GENERAL.—Part A of title V of the Public Health Service Act (42 U.S.C.

290aa et seq.

), as amended by section 1101, is further amended by inserting after section 501B, as added by such section 1101, the following: ‘‘SEC.

501C.

INTERDEPARTMENTAL SERIOUS MENTAL ILLNESS COORDINATING COMMITTEE.
‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary, or the designee of the Secretary, shall establish a committee to be known as the Interdepartmental Serious Mental Illness Coordinating Com- mittee (in this section referred to as the ‘Committee’).

‘‘(2) FEDERAL ADVISORY COMMITTEE ACT.—Except as pro- vided in this section, the provisions of the Federal Advisory Committee Act (5 U.S.C.

App.)

shall apply to the Committee.

‘‘(b) MEETINGS.—The Committee shall meet not fewer than 2 times each year.
‘‘(c) RESPONSIBILITIES.—Not later than each of 1 year and 5 years after the date of enactment of this section, the Committee shall submit to Congress and any other relevant Federal department or agency a report including— ‘‘(1) a summary of advances in serious mental illness and serious emotional disturbance research related to the preven- tion of, diagnosis of, intervention in, and treatment and recovery of serious mental illnesses, serious emotional disturb- ances, and advances in access to services and support for adults with a serious mental illness or children with a serious emo- tional disturbance; ‘‘(2) an evaluation of the effect Federal programs related to serious mental illness have on public health, including out- comes such as— ‘‘(A) rates of suicide, suicide attempts, incidence and prevalence of serious mental illnesses, serious emotional disturbances, and substance use disorders, overdose, over- dose deaths, emergency hospitalizations, emergency depart- ment boarding, preventable emergency department visits, interaction with the criminal justice system, homelessness, and unemployment; ‘‘(B) increased rates of employment and enrollment in educational and vocational programs; ‘‘(C) quality of mental and substance use disorders treatment services; or ‘‘(D) any other criteria as may be determined by the Secretary; and ‘‘(3) specific recommendations for actions that agencies can take to better coordinate the administration of mental health services for adults with a serious mental illness or children with a serious emotional disturbance.
‘‘(d) MEMBERSHIP.— ‘‘(1) FEDERAL MEMBERS.—The Committee shall be composed of the following Federal representatives, or the designees of such representatives— ‘‘(A) the Secretary of Health and Human Services, who shall serve as the Chair of the Committee; ‘‘(B) the Assistant Secretary for Mental Health and Substance Use; ‘‘(C) the Attorney General; H. R. 2617—1191 ‘‘(D) the Secretary of Veterans Affairs; ‘‘(E) the Secretary of Defense; ‘‘(F) the Secretary of Housing and Urban Development; ‘‘(G) the Secretary of Education; ‘‘(H) the Secretary of Labor; ‘‘(I) the Administrator of the Centers for Medicare & Medicaid Services; ‘‘(J) the Administrator of the Administration for Community Living; and ‘‘(K) the Commissioner of Social Security.
‘‘(2) NON-FEDERAL MEMBERS.—The Committee shall also include not less than 14 non-Federal public members appointed by the Secretary of Health and Human Services, of which— ‘‘(A) at least 2 members shall be an individual who has received treatment for a diagnosis of a serious mental illness; ‘‘(B) at least 1 member shall be a parent or legal guardian of an adult with a history of a serious mental illness or a child with a history of a serious emotional disturbance; ‘‘(C) at least 1 member shall be a representative of a leading research, advocacy, or service organization for adults with a serious mental illness; ‘‘(D) at least 2 members shall be— ‘‘(i) a licensed psychiatrist with experience in treating serious mental illnesses; ‘‘(ii) a licensed psychologist with experience in treating serious mental illnesses or serious emotional disturbances; ‘‘(iii) a licensed clinical social worker with experi- ence treating serious mental illnesses or serious emo- tional disturbances; or ‘‘(iv) a licensed psychiatric nurse, nurse practi- tioner, or physician assistant with experience in treating serious mental illnesses or serious emotional disturbances; ‘‘(E) at least 1 member shall be a licensed mental health professional with a specialty in treating children and adolescents with a serious emotional disturbance; ‘‘(F) at least 1 member shall be a mental health profes- sional who has research or clinical mental health experi- ence in working with minorities; ‘‘(G) at least 1 member shall be a mental health profes- sional
 who has research or clinical mental health experi- ence in working with medically underserved populations; ‘‘(H) at least 1 member shall be a State certified mental health peer support specialist; ‘‘(I) at least 1 member shall be a judge with experience in adjudicating cases related to criminal justice or serious mental illness; ‘‘(J) at least 1 member shall be a law enforcement officer or corrections officer with extensive experience in interfacing with adults with a serious mental illness, chil- dren with a serious emotional disturbance, or individuals in a mental health crisis; and ‘‘(K) at least 1 member shall have experience providing services for homeless individuals and working with adults H. R. 2617—1192 with a serious mental illness, children with a serious emo- tional disturbance, or individuals in a mental health crisis.
‘‘(3) TERMS.—A member of the Committee appointed under paragraph (2) shall serve for a term of 3 years, and may be reappointed for 1 or more additional 3-year terms.

Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term.

A member may serve after the expiration of the member’s term until a successor has been appointed.

‘‘(e) WORKING GROUPS.—In carrying out its functions, the Com- mittee may establish working groups.
Such working groups shall be composed of Committee members, or their designees, and may hold such meetings as are necessary.

‘‘(f) SUNSET.—The Committee shall terminate on September 30, 2027.’’.

(2) CONFORMING AMENDMENTS.— (A) Section 501(l)(2) of the Public Health Service Act (42 U.S.C.

290aa(l)(2)) is amended by striking ‘‘section 6031 of such Act’’ and inserting ‘‘section 501C’’.
(B) The Helping Families in Mental Health Crisis Reform Act of 2016 (Division B of Public Law 114–255) is amended— (i) by repealing section 6031; and (ii) by conforming the item relating to such section in the table of contents in section 1(b) of Public Law 114–255.

(d) PRIORITY MENTAL HEALTH NEEDS OF REGIONAL AND NATIONAL SIGNIFICANCE.—Section 520A of the Public Health Service Act (42 U.S.C.
290bb–32) is amended— (1) in subsection (a), by striking ‘‘Indian tribes or tribal organizations’’ and inserting ‘‘Indian Tribes or Tribal organiza- tions’’; and (2) in subsection (f), by striking ‘‘$394,550,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘$599,036,000 for each of fiscal years 2023 through 2027’’.

SEC.

1122.

CRISIS CARE COORDINATION.

(a) STRENGTHENING COMMUNITY CRISIS RESPONSE SYSTEMS.— Section 520F of the Public Health Service Act (42 U.S.C.
290bb– 37) is amended to read as follows: ‘‘SEC.

520F.

MENTAL HEALTH CRISIS RESPONSE PARTNERSHIP PILOT PROGRAM.
‘‘(a) IN GENERAL.—The Secretary shall establish a pilot program under which the Secretary will award competitive grants to States, localities, territories, Indian Tribes, and Tribal organizations to establish new, or enhance existing, mobile crisis response teams that divert the response for mental health and substance use dis- order crises from law enforcement to mobile crisis teams, as described in subsection (b).
‘‘(b) MOBILE CRISIS TEAMS DESCRIBED.—A mobile crisis team, for purposes of this section, is a team of individuals— ‘‘(1) that is available to respond to individuals in mental health and substance use disorder crises and provide immediate stabilization, referrals to community-based mental health and substance use disorder services and supports, and triage to a higher level of care if medically necessary; H. R. 2617—1193 ‘‘(2) which may include licensed counselors, clinical social workers, physicians, paramedics, crisis workers, peer support specialists, or other qualified individuals; and ‘‘(3) which may provide support to divert mental health and substance use disorder crisis calls from the 9–1–1 system to the 9–8–8 system.
‘‘(c) PRIORITY.—In awarding grants under this section, the Sec- retary shall prioritize applications which account for the specific needs of the communities to be served, including children and families, veterans, rural and underserved populations, and other groups at increased risk of death from suicide or overdose.
‘‘(d) REPORT.— ‘‘(1) INITIAL REPORT.—Not later than September 30, 2024, the Secretary shall submit to Congress a report on steps taken by States, localities, territories, Indian Tribes, and Tribal organizations prior to the date of enactment of this section to strengthen the partnerships among mental health providers, substance use disorder treatment providers, primary care physi- cians, mental health and substance use disorder crisis teams, paramedics, first responders.
law enforcement officers, and other ‘‘(2) PROGRESS REPORTS.—Not later than one year after the date on which the first grant is awarded to carry out this section, and for each year thereafter, the Secretary shall submit to Congress a report on the grants made during the year covered by the report, which shall include— ‘‘(A) impact data on the teams and people served by such programs, including demographic information of individuals served, volume, and types of service utilization; ‘‘(B) outcomes of the number of linkages made to community-based resources or short-term crisis receiving and stabilization facilities, as applicable, and diversion from law enforcement or hospital emergency department settings; ‘‘(C) data consistent with the State block grant require- ments for continuous evaluation and quality improvement, and other relevant data as determined by the Secretary; identification and, where appropriate, rec- ommendations of best practices from States and localities providing mobile crisis response and stabilization services for youth and adults; and ‘‘(D) ‘‘(E) identification of any opportunities for improve- ments to the program established under this section.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2023 through 2027.’’.

(b) MENTAL HEALTH AWARENESS TRAINING GRANTS.— (1) IN GENERAL.—Section 520J(b) of the Public Health Service Act (42 U.S.C.
290bb–41(b)) is amended— (A) in paragraph (1), by striking ‘‘Indian tribes, tribal ‘‘Indian Tribes, Tribal inserting organizations’’ and organizations’’; (B) in paragraph (4), by striking ‘‘Indian tribe, tribal organization’’ and inserting ‘‘Indian Tribe, Tribal organiza- tion’’; (C) in paragraph (5)— H. R. 2617—1194 (i) by striking ‘‘Indian tribe, tribal organization’’ and inserting ‘‘Indian Tribe, Tribal organization’’; (ii) in subparagraph (A), by striking ‘‘and’’ at the end; (iii) in subparagraph (B)(ii), by striking the period at the end and inserting ‘‘; and’’; and (iv) by adding at the end the following: ‘‘(C) suicide intervention and prevention.’’; (D) in paragraph (6), by striking ‘‘Indian tribe, tribal organization’’ and inserting ‘‘Indian Tribe, Tribal organiza- tion’’; (E) by redesignating paragraph (7) as paragraph (8); (F) by inserting after paragraph (6) the following: ‘‘(7) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance to grantees in carrying out this section, which may include assistance with— ‘‘(A) program evaluation and related activities, including related data collection and reporting; ‘‘(B) implementing and disseminating evidence-based practices and programs; and ‘‘(C) facilitating collaboration among grantees.’’; and (G) in paragraph (8), as so redesignated, by striking ‘‘$14,693,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘$24,963,000 for each of fiscal years 2023 through 2027’’.
(2) TECHNICAL CORRECTIONS.—Section 520J(b) of the Public Health Service Act (42 U.S.C.

290bb–41(b)) is amended— (A) in the heading of paragraph (2), by striking ‘‘EMER- GENCY SERVICES PERSONNEL’’ and inserting ‘‘EMERGENCY SERVICES PERSONNEL’’; and (B) in the heading of paragraph (3), by striking ‘‘DIS- TRIBUTION OF AWARDS’’ and inserting ‘‘DISTRIBUTION OF AWARDS’’.

(c) ADULT SUICIDE PREVENTION.—Section 520L of the Public Health Service Act (42 U.S.C.
290bb–43) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking ‘‘individuals who are 25 years of age or older’’ and inserting ‘‘adult individuals’’; and (ii) by inserting ‘‘prevention’’ after ‘‘raise awareness of suicide’’; and (B) in paragraph (2)— (i) by striking ‘‘Indian tribe’’ each place it appears and inserting ‘‘Indian Tribe’’; and (ii) by striking ‘‘tribal organization’’ each place it appears and inserting ‘‘Tribal organization’’; and (C) by amending paragraph (3)(C) to read as follows: ‘‘(C) Raising awareness of suicide prevention resources and promoting help seeking among those at risk for sui- cide.’’; (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘; and’’ and inserting a semicolon; (B) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: H. R. 2617—1195 ‘‘(3) identify best practices, as applicable, to improve the identification, assessment, treatment, and timely transition, as appropriate, to additional or follow-up care for individuals in emergency departments who are at risk for suicide and enhance the coordination of care for such individuals during and after discharge, in support of activities under subsection (a).’’; and (3) in subsection (d), by striking ‘‘$30,000,000 for the period of fiscal years 2018 through 2022’’ and inserting ‘‘$30,000,000 for each of fiscal years 2023 through 2027’’.
SEC.

1123.

TREATMENT OF SERIOUS MENTAL ILLNESS.

(a) ASSERTIVE COMMUNITY TREATMENT GRANT PROGRAM.— (1) TECHNICAL AMENDMENT.—Section 520M(b) of the Public Health Service Act (42 U.S.C.

290bb–44(b)) is amended by striking ‘‘Indian tribe or tribal organization’’ and inserting ‘‘Indian Tribe or Tribal organization’’.

(2) REPORT TO CONGRESS.—Section 520M(d)(1) of the Public Health Service Act (42 U.S.C.
290bb–44(d)(1)) is amended— (A) by striking ‘‘not later than the end of fiscal year 2021’’ and inserting ‘‘not later than the end of fiscal year 2026’’; and (B) by striking ‘‘appropriate congressional committees’’ and inserting ‘‘Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives’’.

(3) APPROPRIATIONS.—Section OF 520M(e)(1) of the Public Health Service Act (42 U.S.C.
290bb– 44(d)(1)) is amended by striking ‘‘$5,000,000 for the period of fiscal years 2018 through 2022’’ and inserting ‘‘$9,000,000 for each of fiscal years 2023 through 2027’’.

(b) ASSISTED OUTPATIENT TREATMENT.— AUTHORIZATION (1) IN GENERAL.—Section 224 of the Protecting Access to Medicare Act of 2014 (Public Law 113–93; 42 U.S.C.
290aa note) is amended— (A) in subsection (a), by striking ‘‘4-year pilot’’; (B) in subsection (e), in the matter preceding paragraph (1)— (i) by striking ‘‘each of fiscal years 2016, 2017, 2018, 2019, 2020, 2021, and 2022’’ and inserting ‘‘fiscal year 2023, and biennially thereafter’’; and (ii) by striking ‘‘appropriate congressional commit- tees’’ and inserting ‘‘Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representa- tives’’; (C) in subsection (e), by inserting after paragraph (4) the following: ‘‘(5) Demographic information regarding participation of those served by the grant compared to demographic information in the population of the grant recipient.’’; and (D) in subsection (g)— (i) in paragraph (1), by striking ‘‘2015 through 2022’’ and inserting ‘‘2023 through 2027’’; and (ii) by amending paragraph (2) to read as follows: H. R. 2617—1196 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is author- ized to be appropriated to carry out this section $22,000,000 for each of fiscal years 2023 through 2027.’’.
(2) GAO REPORT.—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report examining the efficacy of assisted outpatient treatment pro- grams that received funding under section 224 of the Protecting Access to Medicare Act of 2014 (Public Law 113– 93; 42 U.S.C.
290aa note) in improving health outcomes and treatment adher- ence, reducing rates of incarceration, and reducing rates of homelessness.
Such report shall include— (A) a comparison of health outcomes, treatment compli- ance, program participant feedback, reduced rates of incar- ceration, and reduced rates of homelessness as compared to other evidence- and community-based outpatient treat- ment programs and services, including information on geographic differences in program efficacy, as applicable; and (B) identification of best practices used, as applicable, in the implementation of assisted outpatient treatment pro- grams to ensure program participants are receiving treat- ment in the least restrictive environment that is clinically appropriate consistent with Federal and State law, as applicable.
SEC.

1124.

STUDY ON THE COSTS OF SERIOUS MENTAL ILLNESS.
(a) IN GENERAL.—The Secretary of Health and Human Services, in consultation with the Assistant Secretary for Mental Health and Substance Use, the Assistant Secretary for Planning and Evaluation, the Attorney General of the United States, the Sec- retary of Labor, and the Secretary of Housing and Urban Develop- ment, shall conduct a study on the direct and indirect costs of serious mental illness with respect to— (1) nongovernmental entities; and (2) the Federal Government and State, local, and Tribal governments.
(b) CONTENT.—The study under subsection (a) shall consider each of the following: (1) The costs to the health care system for health services, including with respect to— (A) office-based physician visits; (B) residential and inpatient treatment programs; (C) outpatient treatment programs; (D) emergency department visits; (E) crisis stabilization programs; (F) home health care; (G) skilled nursing and long-term care facilities; (H) prescription drugs and digital therapeutics; and (I) any other relevant health services.
(2) The costs of homelessness, including with respect to— (A) homeless shelters; (B) street outreach activities; (C) crisis response center visits; and (D) other supportive services.

H. R. 2617—1197 (3) The costs of structured residential facilities and other supportive housing for residential and custodial care services.
(4) The costs of law enforcement encounters and encounters with the criminal justice system, including with respect to— (A) encounters that do and do not result in an arrest; (B) criminal and judicial proceedings; (C) services provided by law enforcement and judicial staff (including public defenders, prosecutors, and private attorneys); and (D) incarceration.

(5) The costs of serious mental illness on employment.
(6) With respect to family members and caregivers, the costs of caring for an individual with a serious mental illness.

(7) Any other relevant costs for programs and services administered by the Federal Government or State, Tribal, or local governments.
(c) DATA DISAGGREGATION.—In conducting the study under sub- section (a), the Secretary of Health and Human Services shall (to the extent feasible)— (1) disaggregate data by— (A) costs to nongovernmental entities, the Federal Government, and State, local, and Tribal governments; (B) types of serious mental illnesses and medical chronic diseases common in patients with a serious mental illness; and (C) demographic characteristics, including race, eth- nicity, sex, age (including pediatric subgroups), and other characteristics determined by the Secretary; and (2) include an estimate of— (A) the total number of individuals with a serious mental illness in the United States, including in traditional and nontraditional housing; and (B) the percentage of such individuals in— (i) homeless shelters; (ii) penal facilities, including Federal prisons, State prisons, and county and municipal jails; and (iii) nursing facilities.
(d) REPORT.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall— (1) submit to the Congress a report containing the results of the study conducted under this section; and (2) make such report publicly available.

CHAPTER 4—ANNA WESTIN LEGACY SEC.

1131.

MAINTAINING EDUCATION AND TRAINING ON EATING DIS- ORDERS.

Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C.

290bb–31 et seq.)
290bb–31 et seq.)

is amended by adding at the end the following: ‘‘SEC.

520N.

CENTER OF EXCELLENCE FOR EATING DISORDERS FOR EDUCATION AND TRAINING ON EATING DISORDERS.
‘‘(a) IN GENERAL.—The Secretary, acting through the Assistant Secretary, shall maintain, by competitive grant or contract, a Center of Excellence for Eating Disorders (referred to in this section as H. R. 2617—1198 the ‘Center’) to improve the identification of, interventions for, and treatment of eating disorders in a manner that is develop- mentally, culturally, and linguistically appropriate.
‘‘(b) SUBGRANTS AND SUBCONTRACTS.—The Center shall coordi- nate and implement the activities under subsection (c), in whole or in part, which may include by awarding competitive subgrants or subcontracts— ‘‘(1) across geographical regions; and ‘‘(2) in a manner that is not duplicative.
‘‘(c) ACTIVITIES.—The Center— ‘‘(1) shall— ‘‘(A) provide training and technical assistance, including for— ‘‘(i) primary care and mental health providers to carry out screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; and ‘‘(ii) other paraprofessionals and relevant individ- uals providing nonclinical community services to iden- tify and support individuals with, or at dispropor- tionate risk for, eating disorders; ‘‘(B) facilitate the development of, and provide training materials to, health care providers (including primary care and mental health professionals) regarding the effective treatment and ongoing support of individuals with eating disorders, including children and marginalized populations at disproportionate risk for eating disorders; ‘‘(C) collaborate and coordinate, as appropriate, with other centers of excellence, technical assistance centers, and psychiatric consultation lines of the Substance Abuse and Mental Health Services Administration and the Health Resources and Services Administration regarding eating disorders; ‘‘(D) coordinate with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration, and other Federal agencies, as appropriate, to disseminate training to primary care and mental health care providers; and ‘‘(E) support other activities, as determined appropriate by the Secretary; and ‘‘(2) may— ‘‘(A) support the integration of protocols pertaining to screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders, with health information technology systems; ‘‘(B) develop and provide training materials to health care providers, including primary care and mental health providers, to provide screening, brief intervention, and referral to treatment for members of the military and vet- erans experiencing, or at risk for, eating disorders; and ‘‘(C) consult, as appropriate, with the Secretary of Defense and the Secretary of Veterans Affairs on preven- tion, identification, intervention for, and treatment of eating disorders.
H. R. 2617—1199 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027.’’.

CHAPTER 5—COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT REAUTHORIZATION SEC.

1141.

REAUTHORIZATION OF BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH SERVICES.

(a) FUNDING.—Section 1920(a) of the Public Health Service Act (42 U.S.C.
300x–9(a)) is amended by striking ‘‘$532,571,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘$857,571,000 for each of fiscal years 2023 through 2027’’.

(b) SET-ASIDE FOR EVIDENCE-BASED CRISIS CARE SERVICES.— Section 1920 of the Public Health Service Act (42 U.S.C.
300x– 9) is amended by adding at the end the following: ‘‘(d) CRISIS CARE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (3), a State shall expend at least 5 percent of the amount the State receives pursuant to section 1911 for each fiscal year to support evidenced-based programs that address the crisis care needs of individuals with serious mental illnesses and children with serious emotional disturbances, which may include individuals (including children and adolescents) experi- encing mental health crises demonstrating serious mental ill- ness or serious emotional disturbance, as applicable.
‘‘(2) CORE ELEMENTS.—At the discretion of the single State agency responsible for the administration of the program of the State under a grant under section 1911, funds expended pursuant to paragraph (1) may be used to fund some or all of the core crisis care service components, as applicable and appropriate, including the following: ‘‘(A) Crisis call centers.

‘‘(B) 24/7 mobile crisis services.


‘‘(C) Crisis stabilization programs offering acute care or subacute care in a hospital or appropriately licensed facility, as determined by such State, with referrals to inpatient or outpatient care.
‘‘(3) STATE FLEXIBILITY.—In lieu of expending 5 percent of the amount the State receives pursuant to section 1911 for a fiscal year to support evidence-based programs as required by paragraph (1), a State may elect to expend not less than 10 percent of such amount to support such programs by the end of two consecutive fiscal years.

‘‘(4) RULE OF CONSTRUCTION.—Section 1912(b)(1)(A)(vi) shall not be construed as limiting the provision of crisis care services pursuant to paragraph (1).’’.
(c) REPORT TO CONGRESS.—Not later than September 30, 2025, and biennially thereafter, the Secretary shall provide a report to the Congress on the crisis care strategies and programs pursued by States pursuant to subsection (d) of section 1920 of the Public Health Service Act (42 U.S.C.

300x–9), as added by subsection (b).
Such report shall include— (1) a description of each State’s crisis care activities; (2) the population served, including information on demo- graphics, including age; (3) the outcomes of such activities, including— H. R. 2617—1200 (A) how such activities reduced hospitalizations and hospital stays; (B) how such activities reduced incidents of suicidal ideation and behaviors; and (C) how such activities reduced the severity of onset of serious mental illness and serious emotional disturbance, as applicable; and (4) any other relevant information the Secretary determines is necessary.
CHAPTER 6—PEER-SUPPORTED MENTAL HEALTH SERVICES SEC.

1151.

PEER-SUPPORTED MENTAL HEALTH SERVICES.

Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C.

290bb—31 et seq.)

is amended by inserting after section 520G (42 U.S.C.

290bb—38) the following: ‘‘SEC.

520H.

PEER-SUPPORTED MENTAL HEALTH SERVICES.


‘‘(a) GRANTS AUTHORIZED.—The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall award grants to eligible entities to enable such entities to develop, expand, and enhance access to mental health peer-delivered serv- ices.
‘‘(b) USE OF FUNDS.—Grants awarded under subsection (a) shall be used to develop, expand, and enhance national, statewide, or community-focused programs, including virtual peer-support serv- ices and technology-related capabilities, including by— ‘‘(1) carrying out workforce development, recruitment, and retention activities, to train, recruit, and retain peer-support providers; ‘‘(2) building connections between mental health treatment programs, including between community organizations and peer-support networks, including virtual peer-support networks, and with other mental health support services; ‘‘(3) reducing stigma associated with mental health dis- orders; ‘‘(4) expanding and improving virtual peer mental health support services, including through the adoption of technologies and capabilities to expand access to virtual peer mental health support services, such as by acquiring equipment and software necessary to efficiently run virtual peer-support services; and ‘‘(5) conducting research on issues relating to mental illness and the impact peer-support has on resiliency, including identi- fying— ‘‘(A) the signs of mental illness; ‘‘(B) the resources available to individuals with mental illness and to their families; and ‘‘(C) the resources available to help support individuals living with mental illness.
‘‘(c) SPECIAL CONSIDERATION.—In carrying out this section, the Secretary shall give special consideration to the unique needs of rural areas.
‘‘(d) DEFINITION.—In this section, the term ‘eligible entity’ means— ‘‘(1) a consumer-run nonprofit organization that— H. R. 2617—1201 ‘‘(A) is principally governed by people living with a mental health condition; and ‘‘(B) mobilizes resources within and outside of the mental health community, which may include through peer- support networks, to increase the prevalence and quality of long-term wellness of individuals living with a mental health condition, including those with a co-occurring sub- stance use disorder; or ‘‘(2) an Indian Tribe, Tribal organization, Urban Indian organization, or consortium of Tribes or Tribal organizations.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $13,000,000 for each of fiscal years 2023 through 2027.’’.

Subtitle B—Substance Use Disorder Pre- vention, Treatment, and Recovery Serv- ices CHAPTER 1—NATIVE BEHAVIORAL HEALTH RESOURCES SEC.

1201.

BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER RESOURCES FOR NATIVE AMERICANS.

Section 506A of the Public Health Service Act (42 U.S.C.

290aa– 5a) is amended to read as follows: ‘‘SEC.

506A.
506A.

BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER RESOURCES FOR NATIVE AMERICANS.

‘‘(a) DEFINITIONS.—In this section: ‘‘(1) The term ‘eligible entity’ means any health program administered directly by the Indian Health Service, a Tribal health program, an Indian Tribe, a Tribal organization, an Urban Indian organization, and a Native Hawaiian health organization.
‘‘(2) The terms ‘Indian Tribe’, ‘Tribal health program’, ‘Tribal organization’, and ‘Urban Indian organization’ have the meanings given to the terms ‘Indian tribe’, ‘Tribal health pro- gram’, ‘tribal organization’, and ‘Urban Indian organization’ in section 4 of the Indian Health Care Improvement Act.
‘‘(3) The term ‘health program administered directly by the Indian Health Service’ means a ‘health program adminis- tered by the Service’ as such term is used in section 4(12)(A) of the Indian Health Care Improvement Act.

‘‘(4) The term ‘Native Hawaiian health organization’ means ‘Papa Ola Lokahi’ as defined in section 12 of the Native Hawaiian Health Care Improvement Act.
‘‘(b) GRANT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Assist- ant Secretary for Mental Health and Substance Use, and in consultation with the Director of the Indian Health Service, as appropriate, shall award funds to eligible entities, in amounts developed in accordance with paragraph (2), to be used by the eligible entity to provide services for the prevention of, treatment of, and recovery from mental health and substance use disorders among American Indians, Alaska Natives, and Native Hawaiians.
H. R. 2617—1202 ‘‘(2) FORMULA.—The Secretary, in consultation with the Director of the Indian Health Service, using the process described in subsection (d), shall develop a formula to determine the amount of an award under paragraph (1).
‘‘(3) DELIVERY OF FUNDS.—On request from an Indian Tribe or Tribal organization, the Secretary, acting through the Assist- ant Secretary for Mental Health and Substance Use and in coordination with the Director of the Indian Health Service, may award funds under this section through a contract or compact under, as applicable, title I or V of the Indian Self- Determination and Education Assistance Act.
‘‘(c) TECHNICAL ASSISTANCE AND PROGRAM EVALUATION.— ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(A) provide technical assistance to applicants and awardees under this section; and ‘‘(B) in consultation with Indian Tribes and Tribal organizations, conference with Urban Indian organizations, and engagement with a Native Hawaiian health organiza- tion, identify and establish appropriate mechanisms for Indian Tribes and Tribal organizations, Urban Indian organizations, and a Native Hawaiian health organization to demonstrate outcomes and report data as required for participation in the program under this section.
‘‘(2) DATA SUBMISSION AND REPORTING.—As a condition of receipt of funds under this section, an applicant shall agree to submit program evaluation data and reports consistent with the data submission and reporting requirements developed under this subsection.
‘‘(d) CONSULTATION.—The Secretary shall, using an accountable process, consult with Indian Tribes and Tribal organizations, confer with Urban Indian organizations, and engage with a Native Hawaiian health organization regarding the development of funding allocations pursuant to subsection (b)(2) and program evaluation and reporting requirements pursuant to subsection (c).

In estab- lishing such requirements, the Secretary shall seek to minimize administrative burden for eligible entities, as practicable.
‘‘(e) APPLICATION.—An entity desiring an award under sub- section (b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
‘‘(f) REPORT.—Not later than 3 years after the date of the enactment of the Restoring Hope for Mental Health and Well- Being Act of 2022, the Secretary shall prepare and submit, to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report describing the services provided pursu- ant to this section.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section, $80,000,000 for each of fiscal years 2023 through 2027.’’.

H. R. 2617—1203 CHAPTER 2—SUMMER BARROW PREVENTION, TREATMENT, AND RECOVERY SEC.

1211.

GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS.

Section 506(e) of the Public Health Service Act (42 U.S.C.

290aa–5(e)) is amended by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’.

SEC.

1212.
SEC.

1212.

PRIORITY SUBSTANCE USE DISORDER TREATMENT NEEDS OF REGIONAL AND NATIONAL SIGNIFICANCE.

Section 509 of the Public Health Service Act (42 U.S.C.
290bb– 2) is amended— (1) in the section heading, by striking ‘‘ABUSE’’ and inserting ‘‘USE DISORDER’’; (2) in subsection (a)— (A) by striking ‘‘tribes and tribal organizations (as the terms ‘Indian tribes’ and ‘tribal organizations’ are defined’’ and inserting ‘‘Tribes and Tribal organizations (as such terms are defined’’; and (B) in paragraph (3), by striking ‘‘in substance abuse’’ and inserting ‘‘in substance use disorders’’; (3) in subsection (b), in the subsection heading, by striking ‘‘ABUSE’’ and inserting ‘‘USE DISORDER’’; and (4) in subsection (f), by striking ‘‘$333,806,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘$521,517,000 for each of fiscal years 2023 through 2027’’.
SEC.

1213.

EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN TREATMENT AND INTERVENTIONS DEMONSTRATION.

Section 514B of the Public Health Service Act (42 U.S.C.
290bb– 10) is amended— (1) in subsection (a)(1)— (A) by striking ‘‘substance abuse’’ and inserting ‘‘sub- stance use disorder’’; (B) by striking ‘‘tribes and tribal organizations’’ and inserting ‘‘Tribes and Tribal organizations’’; and (C) by striking ‘‘addiction’’ and inserting ‘‘substance use disorders’’; (2) in subsection (e)(3), by striking ‘‘tribes and tribal organizations’’ and inserting ‘‘Tribes and Tribal organizations’’; and (3) in subsection (f), by striking ‘‘2017 through 2021’’ and inserting ‘‘2023 through 2027’’.
SEC.

1214.

PRIORITY SUBSTANCE USE DISORDER PREVENTION NEEDS OF REGIONAL AND NATIONAL SIGNIFICANCE.

Section 516 of the Public Health Service Act (42 U.S.C.
290bb– 22) is amended— (1) in subsection (a)— (A) in paragraph (3), by striking ‘‘abuse’’ and inserting ‘‘use’’; and (B) in the matter following paragraph (3), by striking ‘‘tribes or tribal organizations’’ and inserting ‘‘Tribes or Tribal organizations’’; (2) in subsection (b), in the subsection heading, by striking ‘‘ABUSE’’ and inserting ‘‘USE DISORDER’’; and H. R. 2617—1204 (3) in subsection (f), by striking ‘‘$211,148,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘$218,219,000 for each of fiscal years 2023 through 2027’’.
SEC.

1215.

SOBER TRUTH ON PREVENTING (STOP) UNDERAGE DRINKING REAUTHORIZATION.

Section 519B of the Public Health Service Act (42 U.S.C.

290bb– 25b) is amended— (1) by amending subsection (a) to read as follows: ‘‘(a) DEFINITIONS.—For purposes of this section: ‘‘(1) The term ‘alcohol beverage industry’ means the brewers, vintners, distillers, importers, distributors, and retail or online outlets that sell or serve beer, wine, and distilled spirits.
‘‘(2) The term ‘school-based prevention’ means programs, which are institutionalized, and run by staff members or school- designated persons or organizations in any grade of school, kindergarten through 12th grade.
‘‘(3) The term ‘youth’ means persons under the age of 21.’’; and (2) by striking subsections (c) through (g) and inserting the following: ‘‘(c) INTERAGENCY COORDINATING COMMITTEE; ANNUAL REPORT ON STATE UNDERAGE DRINKING PREVENTION AND ENFORCEMENT ACTIVITIES.— ‘‘(1) INTERAGENCY COORDINATING COMMITTEE ON THE PREVENTION OF UNDERAGE DRINKING.— ‘‘(A) IN GENERAL.—The Secretary, in collaboration with the Federal officials specified in subparagraph (B), shall continue to support and enhance the efforts of the inter- agency coordinating committee, that began operating in 2004, focusing on underage drinking (referred to in this subsection as the ‘Committee’).
‘‘(B) OTHER AGENCIES.—The officials referred to in subparagraph (A) are the Secretary of Education, the Attorney General, the Secretary of Transportation, the Sec- retary of the Treasury, the Secretary of Defense, the Sur- geon General, the Director of the Centers for Disease Con- trol and Prevention, the Director of the National Institute on Alcohol Abuse and Alcoholism, the Assistant Secretary for Mental Health and Substance Use, the Director of the National Institute on Drug Abuse, the Assistant Secretary for Children and Families, the Director of the Office of National Drug Control Policy, the Administrator of the National Highway Traffic Safety Administration, the Administrator of the Office of Juvenile Justice and Delin- quency Prevention, the Chairman of the Federal Trade Commission, and such other Federal officials as the Sec- retary of Health and Human Services determines to be appropriate.
‘‘(C) CHAIR.—The Secretary of Health and Human Services shall serve as the chair of the Committee.

‘‘(D) DUTIES.—The Committee shall guide policy and program development across the Federal Government with respect to underage drinking, provided, however, that nothing in this section shall be construed as transferring H. R. 2617—1205 regulatory or program authority from an agency to the Committee.
‘‘(E) CONSULTATIONS.—The Committee shall actively seek the input of and shall consult with all appropriate and interested parties, including States, public health research and interest groups, foundations, and alcohol bev- erage industry trade associations and companies.
‘‘(F) ANNUAL REPORT.— ‘‘(i) IN GENERAL.—The Secretary, on behalf of the Committee, shall annually submit to the Congress a report that summarizes— ‘‘(I) all programs and policies of Federal agen- cies designed to prevent and reduce underage drinking, including such programs and policies that support State efforts to prevent or reduce underage drinking; ‘‘(II) the extent of progress in preventing and reducing underage drinking at State and national levels; ‘‘(III) data that the Secretary shall collect with respect to the information specified in clause (ii); and ‘‘(IV) such other information regarding under- age drinking as the Secretary determines to be appropriate.
‘‘(ii) CERTAIN INFORMATION.—The report under clause (i) shall include information on the following: ‘‘(I) Patterns and consequences of underage drinking as reported in research and surveys such as, but not limited to, Monitoring the Future, Youth Risk Behavior Surveillance System, the National Survey on Drug Use and Health, and the Fatality Analysis Reporting System.

‘‘(II) Measures of the availability of alcohol from commercial and non-commercial sources to underage populations.
‘‘(III) Measures of the exposure of underage populations to messages regarding alcohol in advertising, social media, and the entertainment media.
‘‘(IV) Surveillance data, including, to the extent such information is available, information on the onset and prevalence of underage drinking, consumption patterns and beverage preferences, trends related to drinking among different age groups, including between youth and adults, the means of underage access, including trends over time, for these surveillance data, and other data, as appropriate.
The Secretary shall develop a plan to improve the collection, measurement, and consistency of reporting Federal underage alcohol data.

‘‘(V) Any additional findings resulting from research conducted or supported under subsection (g).

H. R. 2617—1206 ‘‘(VI) Evidence-based best practices to prevent and reduce underage drinking and provide treat- ment services to those youth who need such serv- ices.
‘‘(2) ANNUAL REPORT ON STATE UNDERAGE DRINKING PREVENTION AND ENFORCEMENT ACTIVITIES.— ‘‘(A) IN GENERAL.—The Secretary shall, with input and collaboration from other appropriate Federal agencies, States, Indian Tribes, territories, and public health, con- sumer, and alcohol beverage industry groups, annually issue a report on each State’s performance in enacting, enforcing, and creating laws, regulations, programs, and other actions to prevent or reduce underage drinking based on the best practices identified pursuant to paragraph (1)(F)(ii)(VI).
For purposes of this paragraph, each such report, with respect to a year, shall be referred to as the ‘State Report’.

Each State Report may be used as a resource to inform the identification and implementation of activities to prevent underage drinking, as determined to be appropriate by such State or other applicable entity.
‘‘(B) CONTENTS.— ‘‘(i) PERFORMANCE MEASURES.—The Secretary shall develop, in consultation with the Committee, a set of measures to be used in preparing the State Report on best practices, including as they relate to State laws, regulations, other actions, and enforcement prac- tices.
‘‘(ii) STATE REPORT CONTENT.—The State Report shall include updates on State laws, regulations, and other actions, including those described in previous reports to Congress, including with respect to the fol- lowing: ‘‘(I) Whether or not the State has comprehen- sive anti-underage drinking laws such as for the illegal sale, purchase, attempt to purchase, consumption, or possession of alcohol; illegal use of fraudulent ID; illegal furnishing or obtaining of alcohol for an individual under 21 years; the degree of strictness of the penalties for such offenses; and the prevalence of the enforcement of each of these infractions.
‘‘(II) Whether or not the State has comprehen- sive liability statutes pertaining to underage access to alcohol such as dram shop, social host, and house party laws, and the prevalence of enforce- ment of each of these laws.
‘‘(III) Whether or not the State encourages and conducts comprehensive enforcement efforts to prevent underage access to alcohol at retail outlets, such as random compliance checks and shoulder tap programs, and the number of compli- ance checks within alcohol retail outlets measured against the number of total alcohol retail outlets in each State, and the result of such checks.
‘‘(IV) Whether or not the State encourages training on the proper selling and serving of H. R. 2617—1207 alcohol for all sellers and servers of alcohol as a condition of employment.

‘‘(V) Whether or not the State has policies and regulations with regard to direct sales to con- sumers and home delivery of alcoholic beverages.

‘‘(VI) Whether or not the State has programs or laws to deter adults from purchasing alcohol for minors; and the number of adults targeted by these programs.
‘‘(VII) Whether or not the State has enacted graduated drivers licenses and the extent of those provisions.

‘‘(VIII) Whether or not the State has adopted any other policies consistent with evidence-based practices related to the prevention of underage alcohol use, which may include any such practices described in relevant reports issued by the Surgeon General and practices related to youth exposure to alcohol-related products and information.
‘‘(IX) A description of the degree to which the practices of local jurisdictions within the State vary from one another.

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is author- ized to be appropriated to carry out this subsection $1,000,000 for each of fiscal years 2023 through 2027.
‘‘(d) NATIONAL MEDIA CAMPAIGN TO PREVENT UNDERAGE DRINKING.— ‘‘(1) IN GENERAL.—The Secretary, in consultation with the National Highway Traffic Safety Administration, shall develop or continue an intensive, multifaceted national media campaign aimed at adults to reduce underage drinking.

‘‘(2) PURPOSE.—The purpose of the national media cam- paign described in this section shall be to achieve the following objectives: ‘‘(A) Promote community awareness of, and a commit- ment to, reducing underage drinking.
‘‘(B) Encourage activities, including activities carried out by adults, that inhibit the illegal use of alcohol by youth.

‘‘(C) Discourage activities, including activities carried out by adults, that promote the illegal use of alcohol by youth.
‘‘(3) COMPONENTS.—When implementing the national media campaign described in this section, the Secretary shall— ‘‘(A) educate the public about the public health and safety benefits of evidence-based strategies to reduce under- age drinking, including existing laws related to the min- imum legal drinking age, and engage the public and par- ents in the implementation of such strategies; ‘‘(B) educate the public about the negative con- sequences of underage drinking; ‘‘(C) identify specific actions by adults to discourage or inhibit underage drinking; ‘‘(D) discourage adult conduct that tends to facilitate underage drinking; ‘‘(E) establish collaborative relationships with local and national organizations and institutions to further the goals H. R. 2617—1208 of the campaign and assure that the messages of the cam- paign are disseminated from a variety of sources; ‘‘(F) conduct the campaign through multi-media sources; and ‘‘(G) take into consideration demographics and other relevant factors to most effectively reach target audiences.
‘‘(4) CONSULTATION REQUIREMENT.—In developing and implementing the national media campaign described in this section, the Secretary shall review recommendations for reducing underage drinking, including those published by the National Academies of Sciences, Engineering, and Medicine and the Surgeon General.
The Secretary shall also consult with interested parties including the alcohol beverage industry, medical, public health, and consumer and parent groups, law enforcement, institutions of higher education, community-based organizations and coalitions, and other relevant stakeholders.
‘‘(5) ANNUAL REPORT.—The Secretary shall produce an annual report on the progress of the development or implementation of the media campaign described in this sub- section, including expenses and projected costs, and, as such information is available, report on the effectiveness of such campaign in affecting adult attitudes toward underage drinking and adult willingness to take actions to decrease underage drinking.
‘‘(6) RESEARCH ON YOUTH-ORIENTED CAMPAIGN.—The Sec- retary may, based on the availability of funds, conduct or support research on the potential success of a youth-oriented national media campaign to reduce underage drinking.

The Secretary shall report to Congress any such results and any related recommendations.
‘‘(7) ADMINISTRATION.—The Secretary may enter into an agreement with another Federal agency to delegate the authority for execution and administration of the adult-oriented national media campaign.

‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—There is author- ized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2023 through 2027.
‘‘(e) COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ‘‘(1) AUTHORIZATION OF PROGRAM.—The Assistant Secretary for Mental Health and Substance Use, in consultation with the Director of the Office of National Drug Control Policy, shall award enhancement grants to eligible entities to design, implement, evaluate, and disseminate comprehensive strategies to maximize the effectiveness of community-wide approaches to preventing and reducing underage drinking.
This subsection is subject to the availability of appropriations.
‘‘(2) PURPOSES.—The purposes of this subsection are to— ‘‘(A) prevent and reduce alcohol use among youth in communities throughout the United States; ‘‘(B) strengthen collaboration among communities, the Federal Government, Tribal Governments, and State and local governments; ‘‘(C) enhance intergovernmental cooperation and coordination on the issue of alcohol use among youth; ‘‘(D) serve as a catalyst for increased citizen participa- tion and greater collaboration among all sectors and PREVENT UNDERAGE DRINKING.— H. R. 2617—1209 organizations of a community that first demonstrates a long-term commitment to reducing alcohol use among youth; ‘‘(E) implement evidence-based strategies to prevent and reduce underage drinking in communities; and ‘‘(F) enhance, not supplant, effective local community initiatives for preventing and reducing alcohol use among youth.
‘‘(3) APPLICATION.—An eligible entity desiring an enhance- ment grant under this subsection shall submit an application to the Assistant Secretary at such time, and in such manner, and accompanied by such information and assurances, as the Assistant Secretary may require.
Each application shall include— ‘‘(A) a complete description of the entity’s current underage alcohol use prevention initiatives and how the grant will appropriately enhance the focus on underage drinking issues; or ‘‘(B) a complete description of the entity’s current initia- tives, and how it will use the grant to enhance those initiatives by adding a focus on underage drinking preven- tion.
‘‘(4) USES OF FUNDS.—Each eligible entity that receives a grant under this subsection shall use the grant funds to carry out the activities described in such entity’s application submitted pursuant to paragraph (3) and obtain specialized training and technical assistance by the entity funded under section 4 of Public Law 107–82, as amended (21 U.S.C.

1521 note).

Grants under this subsection shall not exceed $60,000 per year and may not exceed four years.
‘‘(5) SUPPLEMENT NOT SUPPLANT.—Grant funds provided under this subsection shall be used to supplement, not supplant, Federal and non-Federal funds available for carrying out the activities described in this subsection.

‘‘(6) EVALUATION.—Grants under this subsection shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on recipients of drug-free community grants.
‘‘(7) DEFINITIONS.—For purposes of this subsection, the term ‘eligible entity’ means an organization that is currently receiving or has received grant funds under the Drug-Free Communities Act of 1997.

‘‘(8) ADMINISTRATIVE EXPENSES.—Not more than 6 percent of a grant under this subsection may be expended for adminis- trative expenses.

‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—There is author- ized to be appropriated to carry out this subsection $11,500,000 for each of fiscal years 2023 through 2027.
‘‘(f) GRANTS TO ORGANIZATIONS REPRESENTING PEDIATRIC PRO- VIDERS AND OTHER RELATED HEALTH PROFESSIONALS TO REDUCE UNDERAGE DRINKING THROUGH SCREENING AND BRIEF INTERVEN- TIONS.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Assist- ant Secretary for Mental Health and Substance Use, shall make awards to one or more entities representing pediatric H. R. 2617—1210 providers and other related health professionals with dem- onstrated ability to increase among the members of such enti- ties effective practices to reduce the prevalence of alcohol use among individuals under the age of 21, including college stu- dents.
‘‘(2) PURPOSES.—Grants under this subsection shall be made to improve— ‘‘(A) screening adolescents for alcohol use; ‘‘(B) offering brief interventions to adolescents to discourage such use; ‘‘(C) educating parents about the dangers of and methods of discouraging such use; ‘‘(D) diagnosing and treating alcohol use disorders; and ‘‘(E) referring patients, when necessary, to other appro- priate care.
‘‘(3) USE OF FUNDS.—An entity receiving a grant under this section may use the grant funding to promote the practices specified in paragraph (2) among its members by— ‘‘(A) providing training to health care providers; ‘‘(B) disseminating best practices, including culturally and linguistically appropriate best practices, and devel- oping and distributing materials; and ‘‘(C) supporting other activities as determined appro- priate by the Assistant Secretary.
‘‘(4) APPLICATION.—To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, and in such manner, and accompanied by such information and assurances as the Sec- retary may require.
Each application shall include— ‘‘(A) a description of the entity; ‘‘(B) a description of the activities to be completed that will promote the practices specified in paragraph (2); ‘‘(C) a description of the entity’s qualifications for per- forming such activities; and ‘‘(D) a timeline for the completion of such activities.
‘‘(5) DEFINITIONS.—For the purpose of this subsection: ‘‘(A) BRIEF INTERVENTION.—The term ‘brief interven- tion’ means, after screening a patient, providing the patient with brief advice and other brief motivational enhancement techniques designed to increase the insight of the patient regarding the patient’s alcohol use, and any realized or potential consequences of such use to effect the desired related behavioral change.
‘‘(B) SCREENING.—The term ‘screening’ means using validated patient interview techniques to identify and assess the existence and extent of alcohol use in a patient.

‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is author- ized to be appropriated to carry out this subsection $3,000,000 for each of fiscal years 2023 through 2027.
‘‘(g) DATA COLLECTION AND RESEARCH.— ‘‘(1) ADDITIONAL RESEARCH ON UNDERAGE DRINKING.— ‘‘(A) IN GENERAL.—The Secretary shall, subject to the availability of appropriations, support the collection of data, and conduct or support research that is not duplicative of research currently being conducted or supported by the Department of Health and Human Services, on underage drinking, with respect to the following: H. R. 2617—1211 ‘‘(i) The evaluation, which may include through the development of relevant capabilities of expertise within a State, of the effectiveness of comprehensive community-based programs or strategies and statewide systems to prevent and reduce underage drinking, across the underage years from early childhood to age 21, such as programs funded and implemented by governmental entities, public health interest groups and foundations, and alcohol beverage companies and trade associations.
‘‘(ii) Obtaining and reporting more precise informa- tion than is currently collected on the scope of the underage drinking problem and patterns of underage alcohol consumption, including improved knowledge about the problem and progress in preventing, reducing, and treating underage drinking, as well as information on the rate of exposure of youth to adver- tising and other media messages encouraging and discouraging alcohol consumption.
‘‘(iii) The development and identification of evi- dence-based or evidence-informed strategies to reduce underage drinking, which may through translational research.
include ‘‘(iv) Improving and conducting public health data collection on alcohol use and alcohol-related conditions in States, which may include by increasing the use of surveys, such as the Behavioral Risk Factor Surveil- lance System, to monitor binge and excessive drinking and related harms among individuals who are at least 18 years of age, but not more than 20 years of age, including harm caused to self or others as a result of alcohol use that is not duplicative of research cur- rently being conducted or supported by the Department of Health and Human Services.
‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2023 through 2027.
‘‘(2) NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE STUDY.— ‘‘(A) IN GENERAL.—Not later than 12 months after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, the Secretary shall— ‘‘(i) contract with the National Academies of Sciences, Engineering, and Medicine to study develop- ments in research on underage drinking and the implications of these developments; and ‘‘(ii) report to the Congress on the results of such review.
‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this paragraph $500,000 for fiscal year 2023.’’.

SEC.

1216.

GRANTS FOR JAIL DIVERSION PROGRAMS.

Section 520G of the Public Health Service Act (42 U.S.C.
290bb– 38) is amended— (1) in subsection (a)— (A) by striking ‘‘up to 125’’; and H. R. 2617—1212 (B) by striking ‘‘tribes and tribal organizations’’ and inserting ‘‘Tribes and Tribal organizations’’; (2) in subsection (b)(2), by striking ‘‘tribes, and tribal organizations’’ and inserting ‘‘Tribes, and Tribal organizations’’; (3) in subsection (c)— (A) in paragraph (1), by striking ‘‘Indian tribe or tribal organization’’ and inserting ‘‘an Indian Tribe or Tribal organization, a health facility or program described in sub- section (a), or a public or nonprofit entity referred to in subsection (a)’’; and (B) in paragraph (2)(A)— (i) in clause (i), by inserting ‘‘peer recovery support services,’’ after ‘‘disorder treatment,’’; and (ii) in clause (iii), by striking ‘‘tribe, or tribal organization’’ and inserting ‘‘Tribe, or Tribal organiza- tion’’; (4) in subsection (e)— (A) in the matter preceding paragraph (1), by striking ‘‘tribe, or tribal organization’’ and inserting ‘‘Tribe, or Tribal organization’’; (B) in paragraph (3), by inserting ‘‘and paraprofes- sionals’’ after ‘‘professionals’’; and (C) in paragraph (5), by striking ‘‘or arrest’’ and inserting ‘‘, arrest, or release’’; (5) in subsection (f), by striking ‘‘tribe, or tribal organiza- tion’’ each place it appears and inserting ‘‘Tribe, or Tribal organization’’; (6) in subsection (h), by striking ‘‘tribe, or tribal organiza- tion’’ and inserting ‘‘Tribe, or Tribal organization’’; and (7) in subsection (j), by striking ‘‘$4,269,000 for each of fiscal years
 2018 through 2022’’ and inserting ‘‘$14,000,000 for each of fiscal years 2023 through 2027’’.
SEC.

1217.

FORMULA GRANTS TO STATES.

Section 521 of the Public Health Service Act (42 U.S.C.

290cc– 21) is amended by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’.

SEC.

1218.

PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS.

Section 535(a) of the Public Health Service Act (42 U.S.C.

290cc–35(a)) is amended by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’.

SEC.

1219.

GRANTS FOR REDUCING OVERDOSE DEATHS.


(a) GRANTS.— (1) REPEAL OF MAXIMUM GRANT AMOUNT.—Paragraph (2) of section 544(a) of the Public Health Service Act (42 U.S.C.

290dd–3(a)) is hereby repealed.

(2) ELIGIBLE ENTITY; SUBGRANTS.—Section 544(a) of the Public Health Service Act (42 U.S.C.
290dd–3(a)) is amended by striking paragraph (3) and inserting the following: ‘‘(2) ELIGIBLE ENTITY.—For purposes of this section, the term ‘eligible entity’ means a State, Territory, locality, or Indian Tribe or Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act).
H. R. 2617—1213 ‘‘(3) SUBGRANTS.—For the purposes for which a grant is awarded under this section, the eligible entity receiving the grant may award subgrants to a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act), an opioid treatment program (as defined in section 8.2 of title 42, Code of Federal Regulations (or any successor regula- tions)), any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act, or any nonprofit organization that the Secretary deems appropriate, which may include Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act).’’.
(3) PRESCRIBING.—Section 544(a)(4) of the Public Health Service Act (42 U.S.C.

290dd–3(a)(4)) is amended— (A) in subparagraph (A), by inserting ‘‘, including patients prescribed both an opioid and a benzodiazepine’’ before the semicolon at the end; and (B) in subparagraph (D), by striking ‘‘drug overdose’’ and inserting ‘‘overdose’’.

(4) USE OF FUNDS.—Paragraph (5) of section 544(c) of the Public Health Service Act (42 U.S.C.
290dd–3(c)) is amended to read as follows: ‘‘(5) To establish protocols to connect patients who have experienced an overdose with appropriate treatment, including overdose reversal medications, medication assisted treatment, and appropriate counseling and behavioral therapies.’’.

(5) IMPROVING ACCESS TO OVERDOSE TREATMENT.—Section 544 of the Public Health Service Act (42 U.S.C.
290dd–3) is amended— (A) by redesignating subsections (d) through (f) as sub- sections (e) through (g), respectively; (B) in subsection (f), as so redesignated, by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’; and (C) by inserting after subsection (c) the following: ‘‘(d) IMPROVING ACCESS TO OVERDOSE TREATMENT.— ‘‘(1) INFORMATION ON BEST PRACTICES.— ‘‘(A) HEALTH AND HUMAN SERVICES.—The Secretary of Health and Human Services may provide information to States, localities, Indian Tribes, Tribal organizations, and Urban Indian organizations on best practices for pre- scribing or co-prescribing a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders.
‘‘(B) DEFENSE.—The Secretary of Health and Human Services may, as appropriate, consult with the Secretary of Defense regarding the provision of information to pre- scribers within Department of Defense medical facilities on best practices for prescribing or co-prescribing a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emer- gency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders.
‘‘(C) VETERANS AFFAIRS.—The Secretary of Health and Human Services may, as appropriate, consult with the H. R. 2617—1214 Secretary of Veterans Affairs regarding the provision of information to prescribers within Department of Veterans Affairs medical facilities on best practices for prescribing or co-prescribing a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed as establishing or contributing to a medical standard of care.’’.

(6) AUTHORIZATION OF APPROPRIATIONS.—Section 544(g) of the Public Health Service Act (42 U.S.C.

290dd–3(g)), as redesignated, is amended by striking ‘‘fiscal years 2017 through 2021’’ and inserting ‘‘fiscal years 2023 through 2027’’.

(7) TECHNICAL AMENDMENTS.— (A) Section 544 of the Public Health Service Act (42 U.S.C.
290dd–3), as amended, is further amended by striking ‘‘approved or cleared’’ each place it appears and inserting ‘‘approved, cleared, or otherwise legally mar- keted’’.

(B) Section 107 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198) is amended by striking subsection (b).

SEC.

1220.

OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION GRANT PROGRAMS.

(a) GRANTS.—Section 545 of the Public Health Service Act (42 U.S.C.
290ee) is amended— (1) in the section heading, by striking ‘‘ACCESS AND EDU- CATION GRANT PROGRAMS’’ and inserting ‘‘ACCESS, EDUCATION, AND CO-PRESCRIBING GRANT PROGRAMS’’; (2) in the heading of subsection (a), by striking ‘‘GRANTS TO STATES’’ and inserting ‘‘GRANTS’’; (3) in subsection (a), by striking ‘‘shall make grants to States’’ and inserting ‘‘shall make grants to States, localities, Indian Tribes, and Tribal organizations (as those terms are defined in section 4 of the Indian Self-Determination and Edu- cation Assistance Act)’’; (4) in subsection (a)(1), by striking ‘‘implement strategies for pharmacists to dispense a drug or device’’ and inserting ‘‘implement strategies that increase access to drugs or devices’’; (5) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (6) by inserting after paragraph (2) the following: ‘‘(3) encourage health care providers to co-prescribe, as appropriate, drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose;’’.
(b) GRANT PERIOD.—Section 545(d)(2) of the Public Health Service Act (42 U.S.C.

290ee(d)(2)) is amended by striking ‘‘3 years’’ and inserting ‘‘5 years’’.

(c) LIMITATION.—Paragraph (3) of section 545(d) of the Public Health Service Act (42 U.S.C.
290ee(d)) is amended to read as follows: H. R. 2617—1215 ‘‘(3) LIMITATIONS.—A State may— ‘‘(A) use not more than 10 percent of a grant under this section for educating the public pursuant to subsection (a)(5); and ‘‘(B) use not less than 20 percent of a grant under this section to offset cost-sharing for distribution and dis- pensing of drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cos- metic Act for emergency treatment of known or suspected opioid overdose.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 545(h)(1) of the Public Health Service Act, is amended by striking ‘‘fiscal years 2017 through 2019’’ and inserting ‘‘fiscal years 2023 through 2027’’.

(e) TECHNICAL AMENDMENT.—Section 545 of the Public Health Service Act (42 U.S.C.

290ee), as amended, is further amended by striking ‘‘approved or cleared’’ each place it appears and inserting ‘‘approved, cleared, or otherwise legally marketed’’.

SEC.

1221.

EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS.
Section 7091 of the SUPPORT for Patients and Communities Act (Public Law 115–271) is amended— (1) in the section heading, by striking ‘‘DEMONSTRATION’’ (and by conforming the item relating to such section in the table of contents in section 1(b)); (2) in subsection (a)— (A) by amending the subsection heading to read as follows: ‘‘GRANT PROGRAM’’; and (B) in paragraph (1), by striking ‘‘demonstration’’; (3) in subsection (b), in the subsection heading, by striking ‘‘DEMONSTRATION’’; (4) in subsection (d)(4), by striking ‘‘tribal’’ and inserting ‘‘Tribal’’; (5) in subsection (f)— (A) in the heading, by striking ‘‘REPORT’’ and inserting ‘‘REPORTS’’; and (B) in the matter preceding paragraph (1), by striking ‘‘Not later than 1 year after completion of the demonstra- tion program under this section, the Secretary shall submit a report to the Congress on the results of the demonstration program’’ and inserting ‘‘Not later than the end of each of fiscal years 2024 and 2027, the Secretary shall submit to the Committee on Health, Education, Labor, and Pen- sions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of the program’’; and (6) in subsection (g), by striking ‘‘2019 through 2021’’ and inserting ‘‘2023 through 2027’’.
CHAPTER 3—EXCELLENCE IN RECOVERY HOUSING SEC.

1231.

CLARIFYING THE ROLE OF SAMHSA IN PROMOTING THE AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING.

Section 501(d) of the Public Health Service Act (42 U.S.C.
290aa) is amended— (1) in paragraph (24)(E), by striking ‘‘and’’ at the end; (2) in paragraph (25), by striking the period at the end and inserting ‘‘; and’’; and H. R. 2617—1216 (3) by adding at the end the following: ‘‘(26) collaborate with national accrediting entities, recovery housing providers, organizations or individuals with established expertise in delivery of recovery housing services, States, Fed- eral agencies (including the Department of Health and Human Services, the Department of Housing and Urban Development, and the agencies listed in section 550(e)(2)(B)), and other rel- evant stakeholders, to promote the availability of high-quality recovery housing and services for individuals with a substance use disorder.’’.
SEC.

1232.

DEVELOPING GUIDELINES FOR STATES TO PROMOTE THE AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING.

Section 550(a) of the Public Health Service Act (42 U.S.C.
290ee–5(a)) (relating to national recovery housing best practices) is amended— (1) by amending paragraph (1) to read as follows: ‘‘(1) IN GENERAL.—The Secretary, in consultation with the individuals and entities specified in paragraph (2), shall con- tinue activities to identify, facilitate the development of, and periodically update consensus-based best practices, which may include model laws for implementing suggested minimum standards for operating, and promoting the availability of, high- quality recovery housing.’’; (2) in paragraph (2)— (A) by striking subparagraphs (A) and (B) and inserting the following: ‘‘(A) officials representing the agencies described in subsection (e)(2);’’; (B) by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively; (C) in subparagraph (B), as so redesignated, by striking ‘‘tribal’’ and inserting ‘‘Tribal’’; and (D) in subparagraph (D), as so redesignated, by striking ‘‘tribes, tribal organizations, and tribally’’ and inserting ‘‘Tribes, Tribal organizations, and Tribally’’; and (3) by adding at the end the following: ‘‘(3) AVAILABILITY.—The best practices referred to in para- graph (1) shall be— ‘‘(A) made publicly available; and ‘‘(B) published on the public website of the Substance Abuse and Mental Health Services Administration.
‘‘(4) EXCLUSION OF GUIDELINE ON TREATMENT SERVICES.— In facilitating the development of best practices under para- graph (1), the Secretary may not include any best practices with respect to substance use disorder treatment services.’’.

SEC.

1233.

COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE AVAILABILITY OF RECOVERY HOUSING.

Section 550 of the Public Health Service Act (42 U.S.C.
290ee– 5) (relating to national recovery housing best practices), as amended by section 1232, is further amended— (1) by redesignating subsections (e), (f), and (g) as sub- sections (g), (h), and (i), respectively; (2) in subsection (c)(2), by striking ‘‘Indian tribes, tribal’’ and inserting ‘‘Indian Tribes, Tribal’’; (3) in subsection (h)(2), as so redesignated— H. R. 2617—1217 (A) by striking ‘‘Indian tribe’’ and inserting ‘‘Indian Tribe’’; and (B) by striking ‘‘tribal organization’’ and inserting ‘‘Tribal organization’’; and (4) by inserting after subsection (d) the following: ‘‘(e) COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE AVAILABILITY OF HOUSING FOR INDIVIDUALS EXPERIENCING HOMELESSNESS, INDIVIDUALS WITH A MENTAL ILLNESS, AND INDIVID- UALS WITH A SUBSTANCE USE DISORDER.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Assist- ant Secretary, and the Secretary of Housing and Urban Development shall convene an interagency working group for the following purposes: ‘‘(A) To increase collaboration, cooperation, and con- sultation among the Department of Health and Human Services, the Department of Housing and Urban Develop- ment, and the Federal agencies listed in paragraph (2)(B), with respect to promoting the availability of housing, including high-quality recovery housing, for individuals experiencing homelessness, individuals with mental ill- nesses, and individuals with substance use disorder.
‘‘(B) To align the efforts of such agencies and avoid duplication of such efforts by such agencies.

‘‘(C) To develop objectives, priorities, and a long-term plan for supporting State, Tribal, and local efforts with respect to the operation of high-quality recovery housing that is consistent with the best practices developed under this section.

‘‘(D) To improve information on the quality of recovery housing.
‘‘(2) COMPOSITION.—The interagency working group under paragraph (1) shall be composed of— ‘‘(A) the Secretary, acting through the Assistant Sec- retary, and the Secretary of Housing and Urban Develop- ment, who shall serve as the co-chairs; and ‘‘(B) representatives of each of the following Federal agencies: ‘‘(i) The Centers for Medicare & Medicaid Services.

‘‘(ii) The Substance Abuse and Mental Health Serv- ices Administration.

‘‘(iii) The Health Resources and Services Adminis- tration.
‘‘(iv) The Office of the Inspector General of the Department of Health and Human Services.

‘‘(v) The Indian Health Service.

‘‘(vi) The Department of Agriculture.

‘‘(vii) The Department of Justice.

‘‘(viii) The Office of National Drug Control Policy.

‘‘(ix) The Bureau of Indian Affairs.

‘‘(x) The Department of Labor.

‘‘(xi) The Department of Veterans Affairs.

‘‘(xii) Any other Federal agency as the co-chairs determine appropriate.

‘‘(3) MEETINGS.—The working group shall meet on a quar- terly basis.
‘‘(4) REPORTS TO CONGRESS.—Not later than 4 years after the date of the enactment of this section, the working group H. R. 2617—1218 shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Finance of the Senate and the Committee on Energy and Commerce, the Committee on Ways and Means, the Committee on Agriculture, and the Com- mittee on Financial Services of the House of Representatives a report describing the work of the working group and any recommendations of the working group to improve Federal, State, and local coordination with respect to recovery housing and other housing resources and operations for individuals experiencing homelessness, individuals with a mental illness, and individuals with a substance use disorder.’’.
SEC.

1234.

NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE STUDY AND REPORT.
(a) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Sub- stance Use, shall— (1) contract with the National Academies of Sciences, Engineering, and Medicine— (A) to study the quality and effectiveness of recovery housing in the United States and whether the availability of such housing meets demand; and (B) to identify recommendations to promote the avail- ability of high-quality recovery housing; and (2) report to the Congress on the results of such review.
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec- tion, there is authorized to be appropriated $1,500,000 for fiscal year 2023.

SEC.

1235.

GRANTS FOR STATES TO PROMOTE THE AVAILABILITY OF RECOVERY HOUSING AND SERVICES.

Section 550 of the Public Health Service Act (42 U.S.C.
290ee– 5) (relating to national recovery housing best practices), as amended by sections 1232 and 1233, is further amended by inserting after subsection (e) (as inserted by section 1233) the following: ‘‘(f) GRANTS FOR IMPLEMENTING NATIONAL RECOVERY HOUSING BEST PRACTICES.— ‘‘(1) IN GENERAL.—The Secretary shall award grants to States (and political subdivisions thereof), Indian Tribes, and territories— ‘‘(A) for the provision of technical assistance to imple- ment the guidelines and recommendations developed under subsection (a); and ‘‘(B) to promote— ‘‘(i) the availability of recovery housing for individ- uals with a substance use disorder; and ‘‘(ii) the maintenance of recovery housing in accord- ance with best practices developed under this section.
‘‘(2) STATE PROMOTION PLANS.—Not later than 90 days after receipt of a grant under paragraph (1), and every 2 years thereafter, each State (or political subdivisions thereof,) Indian Tribe, or territory receiving a grant under paragraph (1) shall submit to the Secretary, and publish on a publicly accessible internet website of the State (or political subdivisions thereof), Indian Tribe, or territory— H. R. 2617—1219 ‘‘(A) the plan of the State (or political subdivisions thereof), Indian Tribe, or territory, with respect to the promotion of recovery housing for individuals with a sub- stance use disorder located within the jurisdiction of such State (or political subdivisions thereof), Indian Tribe, or territory; and ‘‘(B) a description of how such plan is consistent with the best practices developed under this section.’’.
SEC.

1236.

FUNDING.

Subsection (i) of section 550 of the Public Health Service Act (42 U.S.C.

290ee–5) (relating to national recovery housing best practices), as redesignated by section 1233, is amended by striking ‘‘$3,000,000 for the period of fiscal years 2019 through 2021’’ and inserting ‘‘$5,000,000 for the period of fiscal years 2023 through 2027’’.

SEC.

1237.

TECHNICAL CORRECTION.

Title V of the Public Health Service Act (42 U.S.C.

290aa et seq.)
290aa et seq.)

is amended— (1) by redesignating section 550 (relating to Sobriety Treat- ment and Recovery Teams) (42 U.S.C.

290ee–10), as added by section 8214 of Public Law 115–271, as section 550A; and (2) by moving such section so it appears after section 550 (relating to national recovery housing best practices).

CHAPTER 4—SUBSTANCE USE PREVENTION, TREATMENT, AND RECOVERY SERVICES BLOCK GRANT SEC.

1241.

ELIMINATING STIGMATIZING LANGUAGE RELATING TO SUB- STANCE USE.
(a) BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUB- STANCE USE.—Part B of title XIX of the Public Health Service Act (42 U.S.C.

300x et seq.)

is amended— (1) in the part heading, by striking ‘‘SUBSTANCE ABUSE’’ and inserting ‘‘SUBSTANCE USE’’; (2) in subpart II, by amending the subpart heading to read as follows: ‘‘Block Grants for Substance Use Preven- tion, Treatment, and Recovery Services’’; (3) in section 1922(a) (42 U.S.C.
300x–22(a))— (A) in paragraph (1), in the matter preceding subpara- graph (A), by striking ‘‘substance abuse’’ and inserting ‘‘sub- stance use disorders’’; and (B) by striking ‘‘such abuse’’ each place it appears in paragraphs (1) and (2) and inserting ‘‘such disorders’’; (4) in section 1923 (42 U.S.C.
300x–23)— (A) in the section heading, by striking ‘‘SUBSTANCE ABUSE’’ and inserting ‘‘SUBSTANCE USE’’; and (B) in subsection (a), by striking ‘‘drug abuse’’ and inserting ‘‘substance use disorders’’; (5) in section 1925(a)(1) (42 U.S.C.

300x–25(a)(1)), by striking ‘‘alcohol or drug abuse’’ and inserting ‘‘alcohol or other substance use disorders’’; (6) in section 1926(b)(2)(B) (42 U.S.C.

300x–26(b)(2)(B)), by striking ‘‘substance abuse’’; (7) in section 1931(b)(2) (42 U.S.C.
300x–31(b)(2)), by striking ‘‘substance abuse’’ and inserting ‘‘substance use dis- orders’’; H. R. 2617—1220 (8) in section 1933(d)(1) (42 U.S.C.

300x–33(d)), in the matter following subparagraph (B), by striking ‘‘abuse of alcohol and other drugs’’ and inserting ‘‘use of substances’’; (9) by amending paragraph (4) of section 1934 (42 U.S.C.
300x–34) to read as follows: ‘‘(4) The term ‘substance use disorder’ means the recurrent use of alcohol or other drugs that causes clinically significant impairment.’’; (10) in section 1935 (42 U.S.C.

300x–35)— (A) in subsection (a), by striking ‘‘substance abuse’’ and inserting ‘‘substance use disorders’’; and (B) in subsection (b)(1), by striking ‘‘substance abuse’’ each place it appears and inserting ‘‘substance use dis- orders’’; (11) in section 1949 (42 U.S.C.
300x–59), by striking ‘‘sub- stance abuse’’ each place it appears in subsections (a) and (d) and inserting ‘‘substance use disorders’’; (12) in section 1954(b)(4) (42 U.S.C.

300x–64(b)(4))— (A) by striking ‘‘substance abuse’’ and inserting ‘‘sub- stance use disorders’’; and (B) by striking ‘‘such abuse’’ and inserting ‘‘such dis- orders’’; and (13) in section 1956 (42 U.S.C.

300x–66), by striking ‘‘sub- stance abuse’’ and inserting ‘‘substance use disorders’’.
(b) CERTAIN PROGRAMS REGARDING MENTAL HEALTH AND SUB- STANCE ABUSE.—Part C of title XIX of the Public Health Service Act (42 U.S.C.

300y et seq.)

is amended— (1) in the part heading, by striking ‘‘SUBSTANCE ABUSE’’ and inserting ‘‘SUBSTANCE USE’’; (2) in section 1971 (42 U.S.C.

300y), by striking ‘‘substance abuse’’ each place it appears in subsections (a), (b), and (f) and inserting ‘‘substance use’’; and (3) in section 1976 (42 U.S.C.
300y–11), by striking ‘‘intra- venous abuse’’ each place it appears and inserting ‘‘intravenous use’’.

SEC.

1242.

AUTHORIZED ACTIVITIES.

Section 1921(b) of the Public Health Service Act (42 U.S.C.

300x–21(b)) is amended by striking ‘‘activities to prevent and treat substance use disorders’’ and inserting ‘‘activities to prevent, treat, and provide recovery support services for substance use disorders’’.

SEC.

1243.

STATE PLAN REQUIREMENTS.


Section 1932(b)(1)(A) of the Public Health Service Act (42 U.S.C.
300x–32(b)(1)(A)) is amended— (1) by redesignating clauses (vi) through (ix) as clauses (vii) through (x), respectively; (2) by inserting after clause (v) the following: ‘‘(vi) provides a description of— ‘‘(I) the State’s comprehensive statewide recovery support services activities, including the number of individuals being served, target popu- lations, workforce capacity (consistent with clause (viii)), and priority needs; and ‘‘(II) the amount of funds received under this subpart expended on recovery support services, disaggregated by the amount expended for type of service activity;’’; and H. R. 2617—1221 (3) in clause (viii), as so redesignated, by striking ‘‘disorders workforce’’ and inserting ‘‘disorders workforce, including with respect to prevention, treatment, and recovery,’’.
SEC.

1244.

UPDATING CERTAIN LANGUAGE RELATING TO TRIBES.

Section 1933(d) of the Public Health Service Act (42 U.S.C.
300x–33(d)) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) by striking ‘‘of an Indian tribe or tribal organiza- tion’’ and inserting ‘‘of an Indian Tribe or Tribal organization’’; and (ii) by striking ‘‘such tribe’’ and inserting ‘‘such Tribe’’; (B) in subparagraph (B)— (i) by striking ‘‘tribe or tribal organization’’ and inserting ‘‘Tribe or Tribal organization’’; and (ii) by striking ‘‘Secretary under this’’ and inserting ‘‘Secretary under this subpart’’; and (C) in the matter following subparagraph (B), by striking ‘‘tribe or tribal organization’’ and inserting ‘‘Tribe or Tribal organization’’; (2) by amending paragraph (2) to read as follows: ‘‘(2) INDIAN TRIBE OR TRIBAL ORGANIZATION AS GRANTEE.— The amount reserved by the Secretary on the basis of a deter- mination under this subsection shall be granted to the Indian Tribe or Tribal organization serving the individuals for whom such a determination has been made.’’; (3) in paragraph (3), by striking ‘‘tribe or tribal organiza- tion’’ and inserting ‘‘Tribe or Tribal organization’’; and (4) in paragraph (4)— (A) in the paragraph heading, by striking ‘‘DEFINITION’’ and inserting ‘‘DEFINITIONS’’; and (B) by striking ‘‘The terms’’ and all that follows through ‘‘given such terms’’ and inserting the following: ‘‘The terms ‘Indian Tribe’ and ‘Tribal organization’ have the meanings given the terms ‘Indian tribe’ and ‘tribal organization’ ’’.
SEC.

1245.

BLOCK GRANTS FOR SUBSTANCE USE PREVENTION, TREAT- MENT, AND RECOVERY SERVICES.

(a) IN GENERAL.—Section 1935(a) of the Public Health Service Act (42 U.S.C.

300x–35(a)), as amended by section 1241, is further amended by striking ‘‘appropriated’’ and all that follows through ‘‘2022..’’ and inserting the following: ‘‘appropriated $1,908,079,000 for each of fiscal years 2023 through 2027.’’.

(b) TECHNICAL CORRECTIONS.—Section 1935(b)(1)(B) of the Public Health Service Act (42 U.S.C.
300x–35(b)(1)(B)) is amended by striking ‘‘the collection of data in this paragraph is’’.

SEC.

1246.

REQUIREMENT OF REPORTS AND AUDITS BY STATES.

Section 1942(a) of the Public Health Service Act (42 U.S.C.

300x–52(a)) is amended— (1) in paragraph (1), by striking ‘‘and’’ at the end; (2) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(3) the amount provided to each recipient in the previous fiscal year.’’.

H. R. 2617—1222 SEC.


1247.

STUDY ON ASSESSMENT FOR USE OF STATE RESOURCES.
(a) IN GENERAL.—The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Sub- stance Use (in this section referred to as the ‘‘Secretary’’), shall, in consultation with States and other local entities providing prevention, treatment, or recovery support services related to sub- stance use, conduct a study on strategies to assess community needs with respect to such services in order to facilitate State use of block grant funding received under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C.
300x– 21 et seq.)

to provide services to substance use disorder prevention, treatment, and recovery support.

The study shall, where feasible and appropriate, include estimates of resources for community needs strategies respective to prevention, treatment, or recovery support services.
(b) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of the study conducted under subsection (a).

CHAPTER 5—TIMELY TREATMENT FOR OPIOID USE DISORDER SEC.

1251.
1251.

STUDY ON EXEMPTIONS FOR TREATMENT OF OPIOID USE DISORDER THROUGH OPIOID TREATMENT PROGRAMS DURING THE COVID–19 PUBLIC HEALTH EMERGENCY.
(a) STUDY.—The Assistant Secretary for Mental Health and Substance Use shall conduct a study, in consultation with patients and other stakeholders, on activities carried out pursuant to exemp- tions granted— (1) to a State (including the District of Columbia or any territory of the United States) or an opioid treatment program; (2) pursuant to section 8.11(h) of title 42, Code of Federal Regulations; and (3) during the period— (A) beginning on the declaration of the public health emergency for the COVID–19 pandemic under section 319 of the Public Health Service Act (42 U.S.C.
247d); and (B) ending on the earlier of— (i) the termination of such public health emer- gency, including extensions thereof pursuant to such section 319; and (ii) the end of calendar year 2022.

(b) PRIVACY.—The section does not authorize the disclosure by the Department of Health and Human Services of individually identifiable information about patients.
(c) FEEDBACK.—In conducting the study under subsection (a), the Assistant Secretary for Mental Health and Substance Use shall gather feedback from the States and opioid treatment programs on their experiences in implementing exemptions described in sub- section (a).
(d) REPORT.—Not later than 180 days after the end of the period described in subsection (a)(3)(B), and subject to subsection (c), the Assistant Secretary for Mental Health and Substance Use shall publish a report on the results of the study under this section.

H. R. 2617—1223 SEC.

1252.

CHANGES TO FEDERAL OPIOID TREATMENT STANDARDS.

(a) MOBILE MEDICATION UNITS.—Section 302(e) of the Con- trolled Substances Act (21 U.S.C.
822(e)) is amended by adding at the end the following: ‘‘(3) Notwithstanding paragraph (1), a registrant that is dis- pensing pursuant to section 303(g) narcotic drugs to individuals for maintenance treatment or detoxification treatment shall not be required to have a separate registration to incorporate one or more mobile medication units into the registrant’s practice to dispense such narcotics at locations other than the registrant’s principal place of business or professional practice described in paragraph (1), so long as the registrant meets such standards for operation of a mobile medication unit as the Attorney General may establish.’’.
(b) REVISE OPIOID TREATMENT PROGRAM ADMISSION CRITERIA TO ELIMINATE REQUIREMENT THAT PATIENTS HAVE AN OPIOID USE DISORDER FOR AT LEAST 1 YEAR.—Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall revise section 8.12(e)(1) of title 42, Code of Federal Regulations (or successor regulations), to eliminate the requirement that an opioid treatment program only admit an indi- vidual for treatment under the program if the individual has been addicted to opioids for at least 1 year before being so admitted for treatment.
CHAPTER 6—ADDITIONAL PROVISIONS RELATING TO ADDICTION TREATMENT SEC.

1261.

PROHIBITION.

Notwithstanding any provision of this title and the amendments made by this title, no funds made available to carry out this title or any amendment made by this title shall be used to purchase, procure, or distribute pipes or cylindrical objects intended to be used to smoke or inhale illegal scheduled substances.

SEC.

1262.
SEC.

1262.

ELIMINATING ADDITIONAL REQUIREMENTS FOR DIS- PENSING NARCOTIC DRUGS IN SCHEDULE III, IV, AND V FOR MAINTENANCE OR DETOXIFICATION TREATMENT.

(a) IN GENERAL.—Section 303(g) of the Controlled Substances Act (21 U.S.C.
823(g)) is amended— (1) by striking paragraph (2); (2) by striking ‘‘(g)(1) Except as provided in paragraph (2), practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment’’ and inserting ‘‘(g) Practitioners who dispense narcotic drugs (other than narcotic drugs in schedule III, IV, or V) to individuals for maintenance treatment or detoxification treatment’’; (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (4) in paragraph (2), as so redesignated— (A) by striking ‘‘(i) security of stocks’’ and inserting ‘‘(A) security of stocks’’; and (B) by striking ‘‘(ii) the maintenance of records’’ and inserting ‘‘(B) the maintenance of records’’.
(b) CONFORMING CHANGES.— H. R. 2617—1224 (1) Subsections (a) and (d)(1) of section 304 of the Controlled Substances Act (21 U.S.C.

824) are each amended by striking ‘‘303(g)(1)’’ each place it appears and inserting ‘‘303(g)’’.

(2) Section 309A(a)(2) of the Controlled Substances Act (21 U.S.C.
829a) is amended— (A) in the matter preceding subparagraph (A), by striking ‘‘the controlled substance is to be administered for the purpose of maintenance or detoxification treatment under section 303(g)(2)’’ and inserting ‘‘the controlled sub- stance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxi- fication treatment’’; and (B) by striking ‘‘and—’’ and all that follows through ‘‘is to be administered by injection or implantation;’’ and inserting ‘‘and is to be administered by injection or implantation;’’.
(3) Section 520E–4(c) of the Public Health Service Act (42 U.S.C.

290bb–36d(c)) is amended by striking ‘‘information on any qualified practitioner that is certified to prescribe medi- cation for opioid dependency under section 303(g)(2)(B) of the Controlled Substances Act’’ and inserting ‘‘information on any practitioner who prescribes narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment’’.
(4) Section 544(a)(3) of the Public Health Service Act (42 U.S.C.

290dd–3), as added by section 1219(a)(2), is amended by striking ‘‘any practitioner dispensing narcotic drugs pursu- ant to section 303(g) of the Controlled Substances Act’’ and inserting ‘‘any practitioner dispensing narcotic drugs for the purpose of maintenance or detoxification treatment’’.

(5) Section 1833(bb)(3)(B) of the Social Security Act (42 U.S.C.
1395l(bb)(3)(B)) is amended by striking ‘‘first receives a waiver under section 303(g) of the Controlled Substances Act on or after January 1, 2019’’ and inserting ‘‘first begins prescribing narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of mainte- nance or detoxification treatment on or after January 1, 2021’’.

(6) Section 1834(o)(3)(C)(ii) of the Social Security Act (42 U.S.C.
1395m(o)(3)(C)(ii)) is amended by striking ‘‘first receives a waiver under section 303(g) of the Controlled Substances Act on or after January 1, 2019’’ and inserting ‘‘first begins prescribing narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of mainte- nance or detoxification treatment on or after January 1, 2021’’.

(7) Section 1866F(c)(3) of the Social Security Act (42 U.S.C.
1395cc–6(c)(3)) is amended— (A) in subparagraph (A), by adding ‘‘and’’ at the end; (B) in subparagraph (B), by striking ‘‘; and’’ and inserting a period; and (C) by striking subparagraph (C).

(8) Section 1903(aa)(2)(C) of the Social Security Act (42 U.S.C.

1396b(aa)(2)(C)) is amended— (A) in clause (i), by adding ‘‘and’’ at the end; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii).

H. R. 2617—1225 SEC.

1263.


REQUIRING PRESCRIBERS OF CONTROLLED SUBSTANCES TO COMPLETE TRAINING.

(a) IN GENERAL.—Section 303 of the Controlled Substances Act (21 U.S.C.
823) is amended by adding at the end the following: ‘‘(l) REQUIRED TRAINING FOR PRESCRIBERS.— ‘‘(1) TRAINING REQUIRED.—As a condition on registration under this section to dispense controlled substances in schedule II, III, IV, or V, the Attorney General shall require any qualified practitioner, beginning with the first applicable registration for the practitioner, to meet the following: ‘‘(A) If the practitioner is a physician (as defined under section 1861(r) of the Social Security Act) and the practi- tioner meets one or more of the following conditions: ‘‘(i) The physician holds a board certification in addiction psychiatry or addiction medicine from the American Board of Medical Specialties.
‘‘(ii) The physician holds a board certification from the American Board of Addiction Medicine.

‘‘(iii) The physician holds a board certification in addiction medicine from the American Osteopathic Association.
‘‘(iv) The physician has, with respect to the treat- ment and management of patients with opioid or other substance use disorders, or the safe pharmacological management of dental pain and screening, brief inter- vention, and referral for appropriate treatment of patients with or at risk of developing opioid or other substance use disorders, completed not less than 8 hours of training (through classroom situations, semi- nars at professional society meetings, electronic communications, or otherwise) that is provided by— ‘‘(I) the American Society of Addiction Medi- cine, the American Academy of Addiction Psychi- atry, the American Medical Association, the Amer- ican Osteopathic Association, the American Dental Association, the American Association of Oral and Maxillofacial Surgeons, the American Psychiatric Association, or any other organization accredited by the Accreditation Council for Continuing Med- ical Education (ACCME) or the Commission for Continuing Education Provider Recognition (CCEPR); ‘‘(II) any organization accredited by a State medical society accreditor that is recognized by the ACCME or the CCEPR; ‘‘(III) any organization accredited by the Amer- ican Osteopathic Association to provide continuing medical education; or ‘‘(IV) any organization approved by the Assist- ant Secretary for Mental Health and Substance Use, the ACCME, or the CCEPR.
‘‘(v) The physician graduated in good standing from an accredited school of allopathic medicine, osteopathic medicine, dental surgery, or dental medicine in the United States during the 5-year period immediately preceding the date on which the physician first reg- isters or renews under this section and has successfully H. R. 2617—1226 completed a comprehensive allopathic or osteopathic medicine curriculum or accredited medical residency or dental surgery or dental medicine curriculum that included not less than 8 hours of training on— ‘‘(I) treating and managing patients with opioid or other substance use disorders, including the appropriate clinical use of all drugs approved by the Food and Drug Administration for the treat- ment of a substance use disorder; or ‘‘(II) the safe pharmacological management of dental pain and screening, brief intervention, and referral for appropriate treatment of patients with or at risk of developing opioid and other substance use disorders.
‘‘(B) If the practitioner is not a physician (as defined under section 1861(r) of the Social Security Act), the practi- tioner is legally authorized by the State to dispense con- trolled substances under schedule II, III, IV, or V and is dispensing such substances within such State in accord- ance with all applicable State laws, and the practitioner meets one or more of the following conditions: ‘‘(i) The practitioner has completed not fewer than 8 hours of training with respect to the treatment and management of patients with opioid or other substance use disorders (through classroom situations, seminars at professional society meetings, electronic communica- tions, or otherwise) provided by the American Society of Addiction Medicine, the American Academy of Addic- tion Psychiatry, the American Medical Association, the American Osteopathic Association, the American Nurses Credentialing Center, the American Psychiatric Association, the American Association of Nurse Practi- tioners, the American Academy of Physician Associates, or any other organization approved or accredited by the Assistant Secretary for Mental Health and Sub- stance Use or the Accreditation Council for Continuing Medical Education.
‘‘(ii) The practitioner has graduated in good standing from an accredited physician assistant school or accredited school of advanced practice nursing in the United States during the 5-year period immediately preceding the date on which the practitioner first reg- isters or renews under this section and has successfully completed a comprehensive physician assistant or advanced practice nursing curriculum that included not fewer than 8 hours of training on treating and managing patients with opioid and other substance use disorders, including the appropriate clinical use of all drugs approved by the Food and Drug Adminis- tration for the treatment of a substance use disorder.
‘‘(2) ONE-TIME TRAINING.— ‘‘(A) IN GENERAL.—The Attorney General shall not require any qualified practitioner to complete the training described in clause (iv) or (v) of paragraph (1)(A) or clause (i) or (ii) of paragraph (1)(B) more than once.
‘‘(B) NOTIFICATION.—Not later than 90 days after the date of the enactment of the Restoring Hope for Mental H. R. 2617—1227 Health and Well-Being Act of 2022, the Attorney General shall provide to qualified practitioners a single written, electronic notification of the training described in clauses (iv) and (v) of paragraph (1)(A) or clauses (i) and (ii) of paragraph (1)(B).
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed— ‘‘(A) to preclude the use, by a qualified practitioner, of training received pursuant to this subsection to satisfy registration requirements of a State or for some other lawful purpose; or ‘‘(B) to preempt any additional requirements by a State related to the dispensing of controlled substances under schedule II, III, IV, or V. ‘‘(4) DEFINITIONS.—In this section: ‘‘(A) FIRST APPLICABLE REGISTRATION.—The term ‘first applicable registration’ means the first registration or renewal of registration by a qualified practitioner under this section that occurs on or after the date that is 180 days after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022.
‘‘(B) QUALIFIED PRACTITIONER.—In this subsection, the term ‘qualified practitioner’ means a practitioner who— ‘‘(i) is licensed under State law to prescribe con- trolled substances; and ‘‘(ii) is not solely a veterinarian.’’.
(b) REPORT.—Not later than 5 years after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Com- merce of the House of Representatives a report assessing the impact of the elimination of the waiver program established under section 303(g)(2) of the Controlled Substances Act (21 U.S.C.
823(g)(2)), as amended by the Drug Addiction Treatment Act of 2000.

SEC.

1264.

INCREASE IN NUMBER OF DAYS BEFORE WHICH CERTAIN CONTROLLED SUBSTANCES MUST BE ADMINISTERED.

Section 309A(a)(5) of the Controlled Substances Act (21 U.S.C.

829a(a)(5)) is amended by striking ‘‘14 days’’ and inserting ‘‘45 days’’.

CHAPTER 7—OPIOID CRISIS RESPONSE SEC.

1271.

OPIOID PRESCRIPTION VERIFICATION.


(a) MATERIALS FOR TRAINING PHARMACISTS ON CERTAIN CIR- CUMSTANCES UNDER WHICH A PHARMACIST MAY DECLINE TO FILL A PRESCRIPTION.— (1) UPDATES TO MATERIALS.—Section 3212(a) of the SUP- PORT for Patients and Communities Act (21 U.S.C.
829 note) is amended by striking ‘‘Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Administrator of the Drug Enforcement Administration, Commissioner of Food and Drugs, Director of the Centers for Disease Control and Prevention, and Assistant Secretary for Mental Health and Substance Use, shall develop and disseminate’’ and inserting ‘‘The Secretary of Health and Human Services, in consultation with the H. R. 2617—1228 Administrator of the Drug Enforcement Administration, Commissioner of Food and Drugs, Director of the Centers for Disease Control and Prevention, and Assistant Secretary for Mental Health and Substance Use, shall develop and dissemi- nate not later than 1 year after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, and update periodically thereafter’’.
(2) MATERIALS INCLUDED.—Section 3212(b) of the SUP- PORT for Patients and Communities Act (21 U.S.C.

829 note) is amended— (A) by redesignating paragraphs (1) and (2) as para- graphs (2) and (3), respectively; and (B) by inserting before paragraph (2), as so redesig- nated, the following new paragraph: ‘‘(1) pharmacists on how to verify the identity of the patient;’’.

(3) MATERIALS FOR TRAINING ON PATIENT VERIFICATION .— Section 3212 of the SUPPORT for Patients and Communities Act (21 U.S.C.
829 note) is amended by adding at the end the following new subsection: ‘‘(d) MATERIALS FOR TRAINING ON VERIFICATION OF IDENTITY.— Not later than 1 year after the date of enactment of this subsection, the Secretary of Health and Human Services, after seeking stake- holder input in accordance with subsection (c), shall— ‘‘(1) update the materials developed under subsection (a) to include information for pharmacists on how to verify the identity of the patient; and ‘‘(2) disseminate, as appropriate, the updated materials.’’.
(b) INCENTIVIZING STATES TO BUILD OR MAINTAIN PRESCRIPTION DRUG MONITORING PROGRAMS.— (1) IN GENERAL.—Section 392A of the Public Health Service Act (42 U.S.C.
280b–1) is amended— (A) by redesignating subsections (c) and (d) as sub- sections (d) and (e), respectively; and (B) by inserting after subsection (b) the following new subsection: ‘‘(c) PRIORITY.—In awarding grants to States under subsections (a) and (b), the Director of the Centers for Disease Control and Prevention may give priority to jurisdictions with a disproportion- ately high rate of drug overdoses or drug overdose deaths, as applicable.’’.
(2) CONFORMING CHANGE.—Section 392A of the Public Health Service Act (42 U.S.C.

280b–1) is amended by striking ‘‘Indian tribes’’ each place it appears and inserting ‘‘Indian Tribes’’.

SEC.

1272.

SYNTHETIC OPIOID AND EMERGING DRUG MISUSE DANGER AWARENESS.
(a) IN GENERAL.—Not later than one year after the date of enactment of this Act, the Secretary shall provide for the planning and implementation of a public education campaign to raise public awareness of synthetic opioids (including fentanyl and its analogues) and emerging drug use and misuse issues, as appropriate.
Such campaign related to synthetic opioids shall include the dissemina- tion of information that— (1) promotes awareness about the potency and dangers of fentanyl and its analogues and other synthetic opioids; H. R. 2617—1229 (2) explains services provided by the Substance Abuse and Mental Health Services Administration and the Centers for Disease Control and Prevention (and any entity providing such services under a contract entered into with such agencies) with respect to the use and misuse of opioids (including syn- thetic opioids) and other emerging drug threats, such as stimu- lants, as appropriate; and (3) relates generally to opioid use and pain management, including information on alternative, nonopioid pain manage- ment treatments.
The Secretary shall update such campaign to address emerging drug misuse issues, as appropriate.

(b) USE OF MEDIA.—The campaign under subsection (a) may be implemented through the use of television, radio, internet, in- person public communications, and other commercial marketing venues and may be targeted to specific demographic groups.
(c) CONSIDERATION OF REPORT FINDINGS.—In planning and implementing the public education campaign under subsection (a) related to synthetic opioids, the Secretary shall take into consider- ation the findings of the report required under section 7001 of the SUPPORT for Patients and Communities Act (Public Law 115– 271).
(d) CONSULTATION.—In coordinating the campaign under sub- section (a), the Secretary shall consult with the Assistant Secretary for Mental Health and Substance Use to provide ongoing advice on the effectiveness of information disseminated through the cam- paign.

(e) REQUIREMENT OF CAMPAIGN.—The campaign implemented under subsection (a) shall not be duplicative of any other Federal efforts relating to eliminating substance use and misuse.
(f) EVALUATION.— (1) IN GENERAL.—The Secretary shall ensure that the cam- paign implemented under subsection (a) is subject to an inde- pendent evaluation, beginning 2 years after the date of enact- ment of this Act, and 2 years thereafter.
(2) MEASURES AND BENCHMARKS.—For purposes of an evaluation conducted pursuant to paragraph (1), the Secretary shall— (A) establish baseline measures and benchmarks to quantitatively evaluate the impact of the campaign under this section; and (B) conduct qualitative assessments regarding the effectiveness of strategies employed under this section.
(g) REPORT.—The Secretary shall, beginning 2 years after the date of enactment of this Act, and 2 years thereafter, submit to Congress a report on the effectiveness of the campaign implemented under subsection (a) towards meeting the measures and benchmarks established under subsection (f)(2).
(h) DISSEMINATION OF INFORMATION THROUGH PROVIDERS.— The Secretary shall develop and implement a plan for the dissemi- nation 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 H. R. 2617—1230 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.).
1396 et seq.).

(i) TRAINING GUIDE AND OUTREACH ON SYNTHETIC OPIOID EXPO- SURE PREVENTION.— (1) TRAINING GUIDE.—Not later than 18 months after the date of enactment of this Act, the Secretary shall design, pub- lish, and make publicly available on the internet website of the Department of Health and Human Services, a training guide and webinar for first responders and other individuals who also may be at high risk of exposure to synthetic opioids that details measures to prevent that exposure.
(2) OUTREACH.—Not later than 18 months after the date of enactment of this Act, the Secretary shall also conduct out- reach about the availability of the training guide and webinar published under paragraph (1) to— (A) fire department staff; (B) law enforcement officers; (C) ambulance transport and other first responders; (D) hospital emergency department personnel; and (E) other high-risk occupations, as identified by the Secretary.

SEC.

1273.
SEC.

1273.

GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO OPIOID USE DISORDERS.

Section 1003 of the 21st Century Cures Act (42 U.S.C.

290ee– 3 note) is amended to read as follows: ‘‘SEC.

1003.

GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO OPIOID USE DISORDERS.
‘‘(a) IN GENERAL.—The Secretary of Health and Human Services (referred to in this section as the ‘Secretary’) shall carry out the grant program described in subsection (b) for purposes of addressing opioid misuse and use disorders and, as applicable and appropriate, stimulant misuse and use disorders, within States, Indian Tribes, and populations served by Tribal organizations and Urban Indian organizations.
‘‘(b) GRANTS PROGRAM.— ‘‘(1) IN GENERAL.—Subject to the availability of appropria- tions, the Secretary shall award grants to the single State agency responsible for administering the substance use preven- tion, treatment, and recovery services block grant under sub- part II of part B of title XIX of the Public Health Service Act (42 U.S.C.

300x–21 et seq.
300x–21 et seq.

), Indian Tribes, and Tribal organizations for the purpose of addressing opioid misuse and use disorders, and as applicable and appropriate, stimulant misuse and use disorders, within such States, such Indian Tribes, and populations served by such Tribal organizations, in accordance with paragraph (2).

Indian Tribes or Tribal organizations may also apply for an award as part of a consortia or may include in an application a partnership with an Urban Indian organization.
‘‘(2) MINIMUM ALLOCATIONS.—Notwithstanding subsection (i)(3), in determining grant amounts for each recipient of a grant under paragraph (1), the Secretary shall ensure that each State and the District of Columbia receive not less than $4,000,000 and ensure that each Territory receives not less than $250,000.
‘‘(3) FORMULA METHODOLOGY.— H. R. 2617—1231 ‘‘(A) IN GENERAL.—At least 30 days before publishing a funding opportunity announcement with respect to grants under this section, the Secretary shall— ‘‘(i) develop a formula methodology to be followed in allocating grant funds awarded under this section among grantees, which, where applicable and appro- priate based on populations being served by the rel- evant entity— ‘‘(I) with respect to allocations for States, gives preference to States whose populations have a prevalence of opioid misuse and use disorders or drug overdose deaths that is substantially higher relative to the populations of other States; ‘‘(II) with respect to allocations for Tribes and Tribal organizations, gives preferences to Tribes and Tribal organizations (including those applying in partnership with an Urban Indian organization) serving populations with demonstrated need with respect to opioid misuse and use disorders or drug overdose deaths; ‘‘(III) includes performance assessments for continuation awards; and ‘‘(IV) ensures that the formula avoids a funding cliff between States with similar overdose mortality rates to prevent funding reductions when compared to prior year allocations, as determined by the Secretary; and ‘‘(ii) not later than 30 days after developing the formula methodology under clause (i), submit the for- mula methodology to— ‘‘(I) the Committee on Health, Education, Labor, and Pensions and the Committee on Appro- priations of the Senate; and ‘‘(II) the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives.
‘‘(B) REPORT.—Not later than two years after the date of the enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Rep- resentatives a report that— ‘‘(i) assesses how grant funding is allocated to States under this section and how such allocations have changed over time; ‘‘(ii) assesses how any changes in funding under this section have affected the efforts of States to address opioid misuse and use disorders and, as applicable and appropriate, stimulant misuse and use disorders; and ‘‘(iii) assesses the use of funding provided through the grant program under this section and other similar grant programs administered by the Substance Abuse and Mental Health Services Administration.
H. R. 2617—1232 ‘‘(4) USE OF FUNDS.—Grants awarded under this subsection shall be used for carrying out activities that supplement activi- ties pertaining to opioid misuse and use disorders and, as applicable and appropriate, stimulant misuse and use disorders (including co-occurring substance misuse and use disorders), undertaken by the entities described in paragraph (1), which may include public health-related activities such as the fol- lowing: ‘‘(A) Implementing substance use disorder and overdose prevention activities, including primary prevention activi- ties, and evaluating such activities to identify effective strategies to prevent substance use disorders and overdoses, which may include drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act.
‘‘(B) Establishing or improving prescription drug moni- toring programs.

‘‘(C) Training for health care practitioners, such as best practices for prescribing opioids, pain management, recognizing potential cases of substance use disorders, referral of patients to treatment programs, preventing diversion of controlled substances, and overdose prevention.
‘‘(D) Supporting access to and the provision of sub- services, stance use disorder-related health including— care ‘‘(i) services provided by federally certified opioid treatment programs; ‘‘(ii) services provided in outpatient and residential substance use disorder treatment programs or facili- ties, including those that utilize medication-assisted treatment, as appropriate; or ‘‘(iii) services provided by other appropriate health care providers to treat substance use disorders, including crisis services and services provided in integrated health care settings by appropriate health care providers that treat substance use disorders.
‘‘(E) Recovery support services, including— ‘‘(i) community-based services that include edu- cation, outreach, and peer supports such as peer sup- port specialists and recovery coaches to help support recovery; ‘‘(ii) mutual aid recovery programs that support medication-assisted treatment; ‘‘(iii) services to address housing needs; or ‘‘(iv) services related to supporting families that include an individual with a substance use disorder.
‘‘(F) Other public health-related activities, as such entity determines appropriate, related to addressing opioid misuse and use disorders and, as applicable and appro- priate, stimulant misuse and use disorders, within such entity, including directing resources in accordance with local needs related to substance use disorders.
‘‘(c) ACCOUNTABILITY AND OVERSIGHT.—A State receiving a grant under subsection (b) shall submit to the Secretary a descrip- tion of— ‘‘(1) the purposes for which the grant funds received by the State under such subsection for the preceding fiscal year H. R. 2617—1233 were expended and a description of the activities of the State under the grant; ‘‘(2) the ultimate recipients of amounts provided to the State; ‘‘(3) the number of individuals served through the grant; and ‘‘(4) such other information as determined appropriate by the Secretary.
‘‘(d) LIMITATIONS.—Any funds made available pursuant to sub- section (i) shall not be used for any purpose other than the grant program under subsection (b).

‘‘(e) INDIAN TRIBES AND TRIBAL ORGANIZATIONS.—The Sec- retary, in consultation with Indian Tribes and Tribal organizations, shall identify and establish appropriate mechanisms for Indian Tribes and Tribal organizations to demonstrate or report the information as required under subsections (b), (c), and (d).
‘‘(f) REPORT TO CONGRESS.—Not later than September 30, 2024, and biennially thereafter, the Secretary shall submit to the Com- mittee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and the Committees on Appropriations of the House of Representatives and the Senate, a report that includes a summary of the information provided to the Secretary in reports made pursuant to subsections (c) and (d), including— ‘‘(1) the purposes for which grant funds are awarded under this section; ‘‘(2) the activities of the grant recipients; and ‘‘(3) each entity that receives a grant under this section, including the funding level provided to such recipient.
‘‘(g) TECHNICAL ASSISTANCE.—The Secretary, including through the Tribal Training and Technical Assistance Center of the Sub- stance Abuse and Mental Health Services Administration, as applicable, shall provide entities described in subsection (b)(1) with technical assistance concerning grant application and submission procedures under this section, award management activities, and enhancing outreach and direct support to rural and underserved communities and providers in addressing substance use disorders.
‘‘(h) DEFINITIONS.—In this section: ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given the term ‘Indian tribe’ in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

5304).

‘‘(2) TRIBAL ORGANIZATION.—The term ‘Tribal organization’ has the meaning given the term ‘tribal organization’ in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

5304).
5304).

‘‘(3) STATE.—The term ‘State’ has the meaning given such term in section 1954(b) of the Public Health Service Act (42 U.S.C.

300x–64(b)).

‘‘(4) URBAN INDIAN ORGANIZATION.—The term ‘Urban Indian organization’ has the meaning given such term in section 4 of the Indian Health Care Improvement Act.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—For purposes of carrying out the grant program under subsection (b), there is authorized to be appro- priated $1,750,000,000 for each of fiscal years 2023 through 2027.

H. R. 2617—1234 ‘‘(2) FEDERAL ADMINISTRATIVE EXPENSES.—Of the amounts made available for each fiscal year to award grants under subsection (b), the Secretary shall not use more than 2 percent for Federal administrative expenses, training, technical assist- ance, and evaluation.
‘‘(3) SET ASIDE.—Of the amounts made available for each fiscal year to award grants under subsection (b) for a fiscal year, the Secretary shall— ‘‘(A) award not more than 5 percent to Indian Tribes and Tribal organizations; and ‘‘(B) of the amount remaining after application of subparagraph (A), set aside up to 15 percent for awards to States with the highest age-adjusted rate of drug over- dose death based on the ordinal ranking of States according to the Director of the Centers for Disease Control and Prevention.’’.
Subtitle C—Access to Mental Health Care and Coverage CHAPTER 1—IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE SERVICES SEC.

1301.

IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE SERVICES.

Section 520K of the Public Health Service Act (42 U.S.C.

290bb– 42) is amended to read as follows: ‘‘SEC.

520K.

IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE SERVICES.
‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a State, or an appropriate State agency, in collaboration with— ‘‘(A) 1 or more qualified community programs as described in section 1913(b)(1); or ‘‘(B) 1 or more health centers (as defined in section 330(a)), rural health clinics (as defined in section 1861(aa) of the Social Security Act), or Federally qualified health centers (as defined in such section), or primary care prac- tices serving adult or pediatric patients or both.
‘‘(2) INTEGRATED CARE; BIDIRECTIONAL INTEGRATED CARE.— ‘‘(A) The term ‘integrated care’ means collaborative models, including the psychiatric collaborative care model and other evidence-based or evidence-informed models, or practices for coordinating and jointly delivering behavioral and physical health services, which may include practices that share the same space in the same facility.
‘‘(B) The term ‘bidirectional integrated care’ means the integration of behavioral health care and specialty physical health care, and the integration of primary and physical health care within specialty behavioral health settings, including within primary health care settings.
‘‘(3) PSYCHIATRIC COLLABORATIVE CARE MODEL.—The term ‘psychiatric collaborative care model’ means the evidence-based, integrated behavioral health service delivery method that includes— H. R. 2617—1235 ‘‘(A) care directed by the primary care team; ‘‘(B) structured care management; ‘‘(C) regular assessments of clinical status using developmentally appropriate, validated tools; and ‘‘(D) modification of treatment as appropriate.
‘‘(4) SPECIAL POPULATION.—The term ‘special population’ means— ‘‘(A) adults with a serious mental illness or adults who have co-occurring mental illness and physical health conditions or chronic disease; ‘‘(B) children and adolescents with a serious emotional disturbance who have a co-occurring physical health condi- tion or chronic disease; ‘‘(C) individuals with a substance use disorder; or ‘‘(D) individuals with a mental illness who have a co-occurring substance use disorder.
‘‘(b) GRANTS AND COOPERATIVE AGREEMENTS.— ‘‘(1) IN GENERAL.—The Secretary may award grants and cooperative agreements to eligible entities to support the improvement of integrated care for physical and behavioral health care in accordance with paragraph (2).
‘‘(2) USE OF FUNDS.—A grant or cooperative agreement awarded under this section shall be used— ‘‘(A) to promote full integration and collaboration in clinical practices between physical and behavioral health care, including for special populations; ‘‘(B) to support the improvement of integrated care models for physical and behavioral health care to improve overall wellness and physical health status, including for special populations; ‘‘(C) to promote the implementation and improvement of bidirectional integrated care services provided at entities described in subsection (a)(1), including evidence-based or diagnosis, evidence-informed prevention, treatment, and recovery services for mental and substance use disorders, and co-occurring physical health conditions and chronic diseases; and assessment, screening, ‘‘(D) in the case of an eligible entity that is collabo- rating with a primary care practice, to support the implementation of evidence-based or evidence-informed integrated care models, including the psychiatric collabo- rative care model, including— ‘‘(i) by hiring staff; ‘‘(ii) by identifying and formalizing contractual relationships with other health care providers or other relevant entities offering care management and behav- ioral health consultation to facilitate the adoption of integrated care, including, as applicable, providers who will function as psychiatric consultants and behavioral health care managers in providing behavioral health integration services through the collaborative care model; ‘‘(iii) by purchasing or upgrading software and other resources, as applicable, needed to appropriately provide behavioral health including resources needed to establish a patient registry and implement measurement-based care; and integration, H. R. 2617—1236 ‘‘(iv) for such other purposes as the Secretary deter- mines to be applicable and appropriate.
‘‘(c) APPLICATIONS.— ‘‘(1) IN GENERAL.—An eligible entity that is seeking a grant or cooperative agreement under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the contents described in paragraph (2).
‘‘(2) CONTENTS FOR AWARDS.—Any such application of an eligible entity seeking a grant or cooperative agreement under this section shall include, as applicable— ‘‘(A) a description of a plan to achieve fully collaborative agreements to provide bidirectional integrated care to spe- cial populations; ‘‘(B) a summary of the policies, if any, that are barriers to the provision of integrated care, and the specific steps, if applicable, that will be taken to address such barriers; ‘‘(C) a description of partnerships or other arrange- ments with local health care providers to provide services to special populations and, as applicable, in areas with demonstrated need, such as Tribal, rural, or other medically underserved communities, such as those with a workforce shortage of mental health and substance use disorder, pedi- atric mental health, or other related professionals; ‘‘(D) an agreement and plan to report to the Secretary performance measures necessary to evaluate patient out- comes and facilitate evaluations across participating projects; and ‘‘(E) a description of the plan or progress in imple- menting the psychiatric collaborative care model, as applicable and appropriate; ‘‘(F) a description of the plan or progress of evidence- based or evidence-informed integrated care models other than the psychiatric collaborative care model implemented by primary care practices, as applicable and appropriate; and ‘‘(G) a plan for sustainability beyond the grant or cooperative agreement period under subsection (e).
‘‘(d) GRANT AND COOPERATIVE AGREEMENT AMOUNTS.— ‘‘(1) TARGET AMOUNT.—The target amount that an eligible entity may receive for a year through a grant or cooperative agreement under this section shall be no more than $2,000,000.
‘‘(2) ADJUSTMENT PERMITTED.—The Secretary, taking into consideration the quality of an eligible entity’s application and the number of eligible entities that received grants under this section prior to the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, may adjust the target amount that an eligible entity may receive for a year through a grant or cooperative agreement under this sec- tion.
‘‘(3) LIMITATION.—An eligible entity that is receiving funding under subsection (b)— ‘‘(A) may not allocate more than 10 percent of the funds awarded to such eligible entity under this section to administrative functions; and ‘‘(B) shall allocate the remainder of such funding to health facilities that provide integrated care.

H. R. 2617—1237 ‘‘(e) DURATION.—A grant or cooperative agreement under this section shall be for a period not to exceed 5 years.
‘‘(f) REPORT ON PROGRAM OUTCOMES.—An eligible entity receiving a grant or cooperative agreement under this section shall submit an annual report to the Secretary.
Such annual report shall include— ‘‘(1) the progress made to reduce barriers to integrated care as described in the entity’s application under subsection (c); ‘‘(2) a description of outcomes with respect to each special population listed in subsection (a)(4), including outcomes related to education, employment, and housing, or, as applicable and appropriate, outcomes for such populations receiving behav- ioral health care through the psychiatric collaborative care model in primary care practices; and ‘‘(3) progress in meeting performance metrics and other relevant benchmarks; and ‘‘(4) such other information that the Secretary may require.
‘‘(g) TECHNICAL ASSISTANCE FOR PRIMARY-BEHAVIORAL HEALTH CARE INTEGRATION.— ‘‘(1) CERTAIN RECIPIENTS.—The Secretary may provide appropriate information, training, and technical assistance to eligible entities that receive a grant or cooperative agreement under subsection (b)(2), in order to help such entities meet the requirements of this section, including assistance with— ‘‘(A) development and selection of integrated care models; ‘‘(B) dissemination of evidence-based interventions in integrated care; ‘‘(C) establishment of organizational practices to sup- port operational and administrative success; and ‘‘(D) as appropriate, appropriate information, training, and technical assistance in implementing the psychiatric collaborative care model when an eligible entity is collabo- rating with 1 or more primary care practices for the pur- poses of implementing the psychiatric collaborative care model.
‘‘(2) ADDITIONAL DISSEMINATION OF TECHNICAL INFORMA- TION.—In addition to providing the assistance described in para- graph (1) to recipients of a grant or cooperative agreement under this section, the Secretary may also provide such assist- ance to other States and political subdivisions of States, Indian Tribes and Tribal organizations, as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act, outpatient mental health and addiction treat- ment centers, community mental health centers that meet the criteria under section 1913(c), certified community behavioral health clinics described in section 223 of the Protecting Access to Medicare Act of 2014, primary care organizations such as Federally qualified health centers or rural health clinics as defined in section 1861(aa) of the Social Security Act, primary health care practices, the community-based organizations, and other entities engaging in integrated care activities, as the Secretary determines appropriate.
‘‘(h) REPORT TO CONGRESS.—Not later than 18 months after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, and annually thereafter, the Secretary H. R. 2617—1238 shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives summarizing the information submitted in reports to the Secretary under subsection (f), including progress made in meeting performance metrics and the uptake of integrated care models, any adjustments made to target amounts pursuant to subsection (d)(2), and any other relevant information.
‘‘(i) FUNDING.— ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there is authorized to be appropriated $60,000,000 for each of fiscal years 2023 through 2027.

‘‘(2) INCREASING UPTAKE OF THE PSYCHIATRIC COLLABO- RATIVE CARE MODEL BY PRIMARY CARE PRACTICES.—Not less than 10 percent of funds appropriated to carry out this section shall be for the purposes of implementing the psychiatric collaborative care model implemented by primary care practices under subsection (b).
‘‘(3) FUNDING CONTINGENCY.—Paragraph (2) shall not apply to a fiscal year unless the amount made available to carry out this section for such fiscal year exceeds the amount appro- priated to carry out this section (as in effect before the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022) for fiscal year 2022.’’.

CHAPTER 2—HELPING ENABLE ACCESS TO LIFESAVING SERVICES SEC.

1311.

REAUTHORIZATION AND PROVISION OF CERTAIN PRO- THE HEALTH CARE STRENGTHEN GRAMS TO WORKFORCE.
(a) MENTAL AND BEHAVIORAL HEALTH EDUCATION AND TRAINING GRANTS.—Section 756 of the Public Health Service Act (42 U.S.C.
294e–1) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting ‘‘(which may include master’s and doctoral level programs)’’ after ‘‘occupational therapy’’; and (B) in paragraph (4), by inserting before the period the following: ‘‘, including training to increase skills and capacity to meet the needs of children and adolescents who have experienced trauma’’; and (2) in subsection (f), by striking ‘‘For each of fiscal years 2019 through 2023’’ and inserting ‘‘For each of fiscal years 2023 through 2027’’.
(b) TRAINING DEMONSTRATION PROGRAM.—Section 760 of the Public Health Service Act (42 U.S.C.
294k) is amended— (1) by striking ‘‘mental and substance use disorders’’ each place it appears and inserting ‘‘mental health and substance use disorder’’; (2) in subsection (a)(2)— (A) by inserting ‘‘(including for individuals completing licensure)’’ after requirements training for clinical ‘‘training’’; (B) by inserting ‘‘counselors, nurses,’’ after ‘‘psycholo- gists,’’; and H. R. 2617—1239 (C) by striking the semicolon and inserting ‘‘, including such settings that serve pediatric populations;’’; (3) in subsection (a)(3)(A)— (A) by striking ‘‘disorder’’ (as inserted by paragraph (1)) and inserting ‘‘disorders’’; and (B) by inserting ‘‘or pediatric populations’’ after ‘‘addic- tion’’; (4) in subsection (b)(2)(A), by inserting ‘‘(including such settings that serve pediatric populations)’’ after ‘‘settings’’; (5) in subsection (c)(2)(F)— (A) by inserting ‘‘counselors, nurses,’’ after ‘‘psycholo- gists’’; and (B) by striking the period and inserting ‘‘, including such entities that serve pediatric populations.’’; (6) in subsection (d)(1)(A)— (A) by inserting ‘‘health service psychologists, nurses’’ after ‘‘fellows,’’; and (B) by inserting ‘‘counselors,’’ after ‘‘physician assist- ants’’; (7) in subsection (d)(1)(B)— (A) by inserting ‘‘, which may include such settings that serve pediatric populations’’ after ‘‘settings’’; (B) by inserting ‘‘health’’ after ‘‘mental’’; (8) in subsection (d)(2)(C), inserting ‘‘(which may include trauma-informed care, as appropriate)’’ after ‘‘care’’; (9) in subsection (g), by
 striking ‘‘$10,000,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘, and $31,700,000 for each of fiscal years 2023 through 2027’’; and (10) in subsection (f)(2)(B), by striking ‘‘disorder’’ (as inserted by paragraph (1)) and inserting ‘‘disorders’’.
SEC.

1312.

REAUTHORIZATION OF MINORITY FELLOWSHIP PROGRAM.

Section 597(c) of the Public Health Service Act (42 U.S.C.

290ll(c)) is amended by striking ‘‘$12,669,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘$25,000,000 for each of fiscal years 2023 through 2027’’.

CHAPTER 3—ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH PLANS SEC.

1321.

ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERN- MENTAL HEALTH PLANS.

Section 2722(a)(2) of the Public Health Service Act (42 U.S.C.
300gg–21(a)(2)) is amended by adding at the end the following new subparagraph: ‘‘(F) SUNSET OF ELECTION OPTION.— ‘‘(i) IN GENERAL.—Notwithstanding the preceding provisions of this paragraph— ‘‘(I) no election described in subparagraph (A) with respect to section 2726 may be made on or after the date of the enactment of this subpara- graph; and ‘‘(II) except as provided in clause (ii), no such election with respect to section 2726 expiring on or after the date that is 180 days after the date of such enactment may be renewed.
H. R. 2617—1240 ‘‘(ii) EXCEPTION FOR CERTAIN COLLECTIVELY BAR- GAINED PLANS.—Notwithstanding clause (i)(II), a plan described in subparagraph (B)(ii) that is subject to multiple agreements described in such subparagraph of varying lengths and that has an election described in subparagraph (A) with respect to section 2726 in effect as of the date of the enactment of this subpara- graph that expires on or after the date that is 180 days after the date of such enactment may extend such election until the date on which the term of the last such agreement expires.’’.
CHAPTER 4—MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY IMPLEMENTATION SEC.

1331.

GRANTS TO SUPPORT MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY IMPLEMENTATION.

(a) IN GENERAL.—Section 2794(c) of the Public Health Service Act (42 U.S.C.
300gg–94(c)) (as added by section 1003 of the Patient Protection and Affordable Care Act (Public Law 111–148)) is amended by adding at the end the following: ‘‘(3) PARITY IMPLEMENTATION.— ‘‘(A) IN GENERAL.—Beginning during the first fiscal year that begins after the date of enactment of this para- graph, the Secretary shall, out of funds made available pursuant to subparagraph (C), award grants to eligible States to enforce and ensure compliance with the mental health and substance use disorder parity provisions of sec- tion 2726.
‘‘(B) ELIGIBLE STATE.—A State shall be eligible for a grant awarded under this paragraph only if such State— ‘‘(i) submits to the Secretary an application for such grant at such time, in such manner, and con- taining such information as specified by the Secretary; and ‘‘(ii) agrees to request and review from health insurance issuers offering group or individual health insurance coverage the comparative analyses and other information required of such health insurance issuers under subsection (a)(8)(A) of section 2726 relating to the design and application of nonquantitative treat- ment limitations imposed on mental health or sub- stance use disorder benefits.
‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $10,000,000 for each of the first five fiscal years beginning after the date of the enact- ment of this paragraph, to remain available until expended, for purposes of awarding grants under subparagraph (A).’’.

(b) TECHNICAL AMENDMENT.—Section 2794 of the Public Health Service Act (42 U.S.C.
300gg–95), as added by section 6603 of the Patient Protection and Affordable Care Act (Public Law 111– 148) is redesignated as section 2795.

H. R. 2617—1241 Subtitle D—Children and Youth CHAPTER 1—SUPPORTING CHILDREN’S MENTAL HEALTH CARE ACCESS SEC.

1401.

TECHNICAL ASSISTANCE FOR SCHOOL-BASED HEALTH CEN- TERS.

Section 399Z–1 of the Public Health Service Act (42 U.S.C.
280h–5) is amended— (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: ‘‘(l) TECHNICAL ASSISTANCE.—The Secretary shall provide tech- nical assistance by grants or contracts awarded to private, nonprofit entities with demonstrated expertise related to school-based health centers.
Such technical assistance, taking into account local and regional differences among school based health centers, shall sup- port such entities in providing services described in subsection (a)(1) pursuant to this section, including mental health and sub- stance use disorder services, and may include technical assistance relating to program operations and support for the implementation of evidence-based or evidence-informed best practices related to the provision of high quality health care services to children and adolescents.’’.
SEC.

1402.

INFANT AND EARLY CHILDHOOD MENTAL HEALTH PRO- MOTION, INTERVENTION, AND TREATMENT.

Section 399Z–2 of the Public Health Service Act (42 U.S.C.
280h–6) is amended— (1) by redesignating subsection (f) as subsection (g); (2) by inserting after subsection (e) the following: ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary may, directly or by awarding grants or contracts to public and private nonprofit entities, provide training and technical assistance to eligible entities to carry out activities described in subsection (d).’’; and (3) in subsection (g) (as redesignated by paragraph (1)), by striking ‘‘$20,000,000 for the period of fiscal years 2018 through 2022’’ and inserting ‘‘$50,000,000 for the period of fiscal years 2023 through 2027’’.
SEC.

1403.

CO-OCCURRING CHRONIC CONDITIONS AND MENTAL HEALTH IN YOUTH STUDY.
Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall— (1) complete a study on the rates of suicidal behaviors among children and adolescents with chronic illnesses, including substance use disorders, autoimmune disorders, and heritable blood disorders; and (2) submit a report to the Congress on the results of such study, including recommendations for early intervention serv- ices for such children and adolescents at risk of suicide, the dissemination of best practices to support the emotional and mental health needs of youth, and strategies to lower the rates of suicidal behaviors in children and adolescents described in paragraph (1) to reduce any demographic disparities in such rates.
H. R. 2617—1242 SEC.

1404.

BEST PRACTICES FOR BEHAVIORAL AND MENTAL HEALTH INTERVENTION TEAMS.

The Public Health Service Act is amended by inserting after section 520H of such Act, as added by section 1151 of this Act, the following new section: ‘‘SEC.

520H–1.

BEST PRACTICES FOR BEHAVIORAL AND MENTAL HEALTH INTERVENTION TEAMS.
‘‘(a) IN GENERAL.—The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, shall submit to the Health Edu- cation, Labor, and Pensions Committee of the Senate and the Energy and Commerce Committee of the House of Representatives a report that identifies best practices related to using behavioral and mental health intervention teams, which may be used to assist elementary schools, secondary schools, and institutions of higher education interested in voluntarily establishing and using such teams to support students exhibiting behaviors interfering with learning at school or who are at risk of harm to self or others.
‘‘(b) ELEMENTS.—The report under subsection (a) shall assess evidence supporting such best practices and, as appropriate, include consideration of the following: ‘‘(1) How behavioral and mental health intervention teams might operate effectively from an evidence-based, objective perspective while protecting the constitutional and civil rights and privacy of individuals.
‘‘(2) The use of behavioral and mental health intervention teams— ‘‘(A) to identify and support students exhibiting behav- iors interfering with learning or posing a risk of harm to self or others; and ‘‘(B) to implement evidence-based interventions to meet the behavioral and mental health needs of such students.
‘‘(3) How behavioral and mental health intervention teams can— ‘‘(A) access evidence-based professional development to support students described in paragraph (2)(A); and ‘‘(B) ensure that such teams— ‘‘(i) are composed of trained, diverse stakeholders with expertise in child and youth development, behav- ioral and mental health, and disability; and ‘‘(ii) use cross validation by a wide-range of indi- vidual perspectives on the team.
‘‘(4) How behavioral and mental health intervention teams can help mitigate inappropriate referral to mental health serv- ices or law enforcement by implementing evidence-based inter- ventions that meet student needs.
‘‘(c) CONSULTATION.—In carrying out subsection (a), the Sec- retary shall consult with— ‘‘(1) the Secretary of Education; ‘‘(2) the Director of the National Threat Assessment Center of the United States Secret Service; ‘‘(3) the Attorney General; ‘‘(4) teachers (which shall include special education teachers), principals and other school leaders, school board members, behavioral and mental health professionals (including H. R. 2617—1243 school-based mental health professionals), and parents of stu- dents; ‘‘(5) local law enforcement agencies and campus law enforcement administrators; ‘‘(6) privacy, disability, and civil rights experts; and ‘‘(7) other education and mental health professionals as the Secretary deems appropriate.
‘‘(d) PUBLICATION.—The Secretary shall publish the report under subsection (a) in an accessible format on the internet website of the Department of Health and Human Services.
‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘behavioral and mental health intervention team’ means a multidisciplinary team of trained individuals who— ‘‘(A) are trained to identify and assess the behavioral health needs of children and youth and who are responsible for identifying, supporting, and connecting students exhib- iting behaviors interfering with learning at school, or who are at risk of harm to self or others, with appropriate behavioral health services; and ‘‘(B) develop and facilitate implementation of evidence- based interventions to— ‘‘(i) mitigate the threat of harm to self or others posed by a student described in subparagraph (A); ‘‘(ii) meet the mental and behavioral health needs of such students; and ‘‘(iii) support positive, safe, and supportive learning environments.
‘‘(2) The terms ‘elementary school’, ‘parent’, and ‘secondary school’ have the meanings given to such terms in section 8101 of the Elementary and Secondary Education Act of 1965.

‘‘(3) The term ‘institution of higher education’ has the meaning given to such term in section 102 of the Higher Edu- cation Act of 1965.’’.

CHAPTER 2—CONTINUING SYSTEMS OF CARE FOR CHILDREN SEC.

1411.

COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURB- ANCES.
(a) DEFINITION.—Section 565(d)(2)(B) of the Public Health Service Act (42 U.S.C.

290ff–4(d)(2)(B)) is amended by striking ‘‘may be)’’ and inserting ‘‘may be), kinship caregivers of the child,’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Paragraph (1) of sec- tion 565(f) of the Public Health Service Act (42 U.S.C.
290ff–4(f)) is amended— (1) by moving the margin of such paragraph 2 ems to the right; and (2) by striking ‘‘$119,026,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘$125,000,000 for each of fiscal years 2023 through 2027’’.

SEC.

1412.

SUBSTANCE USE DISORDER TREATMENT AND EARLY INTER- VENTION SERVICES FOR CHILDREN AND ADOLESCENTS.

Section 514 of the Public Health Service Act (42 U.S.C.
290bb– 7) is amended— H. R. 2617—1244 (1) in subsection (a), by striking ‘‘Indian tribes or tribal organizations’’ and inserting ‘‘Indian Tribes or Tribal organiza- tions’’; and (2) in subsection (f), by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’.

CHAPTER 3—GARRETT LEE SMITH MEMORIAL REAUTHORIZATION SEC.

1421.

SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.

(a) TECHNICAL AMENDMENT.—Section 520C of the Public Health Service Act (42 U.S.C.
290bb–34) is amended— (1) by striking ‘‘tribes’’ and inserting ‘‘Tribes’’; and (2) by striking ‘‘tribal’’ each place it appears and inserting ‘‘Tribal’’.

(b) COLLABORATION.—Section 520C(a) of the Public Health Service Act (42 U.S.C.
290bb–34(a)) is amended— (1) by striking ‘‘The Secretary’’ and inserting the following: ‘‘(1) IN GENERAL.—The Secretary’’; and (2) by adding at the end the following: ‘‘(2) COLLABORATION.—In carrying out this subsection, as applicable with respect to assistance to entities serving mem- bers of the Armed Forces and veterans, the Secretary shall, as appropriate, collaborate with the Secretary of Defense and the Secretary of Veterans Affairs.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 520C(c) of the Public Health Service Act (42 U.S.C.

290bb–34(c)) is amended by striking ‘‘$5,988,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘$9,000,000 for each of fiscal years 2023 through 2027’’.

(d) ANNUAL REPORT.—Section 520C(d) of the Public Health Service Act (42 U.S.C.
290bb–34(d)) is amended by striking ‘‘Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to Congress’’ and inserting ‘‘Not later than 2 years after the date of the enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Com- merce of the House of Representatives’’.

SEC.

1422.
SEC.

1422.

YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION STRATEGIES.

Section 520E of the Public Health Service Act (42 U.S.C.
290bb– 36) is amended— (1) by striking ‘‘tribe’’ and inserting ‘‘Tribe’’; (2) by striking ‘‘tribal’’ each place it appears and inserting ‘‘Tribal’’; (3) in subsection (a)(1), by inserting ‘‘pediatric health pro- grams,’’ after ‘‘foster care systems,’’; (4) by amending subsection (b)(1)(B) to read as follows: ‘‘(B) a public organization or private nonprofit organiza- tion designated by a State or Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) to develop or direct the State-sponsored statewide or Tribal youth suicide early intervention and prevention strategy; or’’; (5) in subsection (c)— H. R. 2617—1245 (A) in paragraph (1), by inserting ‘‘pediatric health programs,’’ after ‘‘foster care systems,’’; (B) in paragraph (7), by inserting ‘‘pediatric health programs,’’ after ‘‘foster care systems,’’; (C) in paragraph (9), by inserting ‘‘pediatric health programs,’’ after ‘‘educational institutions,’’; (D) in paragraph (13), by striking ‘‘and’’ at the end; (E) in paragraph (14), by striking the period at the end and inserting ‘‘; and’’; and (F) by adding at the end the following: ‘‘(15) provide to parents, legal guardians, and family mem- bers of youth, supplies to securely store means commonly used in suicide, if applicable, within the household.’’; (6) in subsection (d)— (A) in the heading, by striking ‘‘DIRECT SERVICES’’ and inserting ‘‘SUICIDE PREVENTION ACTIVITIES’’; and (B) by striking ‘‘direct services, of which not less than 5 percent shall be used for
 activities authorized under subsection (a)(3)’’ and inserting ‘‘suicide prevention activi- ties’’; (7) in subsection (e)(3)(A), by inserting ‘‘and the Department of Education, as appropriate’’ after ‘‘agencies and suicide working groups’’; (8) in subsection (g)— (A) in paragraph (1), by striking ‘‘18’’ and inserting ‘‘24’’; and (B) in paragraph (2), by striking ‘‘2 years after the date of enactment of Helping Families in Mental Health Crisis Reform Act of 2016’’ and inserting ‘‘December 31, 2025’’; (9) in
 subsection (l)(4), by striking ‘‘between 10 and 24 years of age’’ and inserting ‘‘up to 24 years of age’’; and (10) in subsection (m), by striking ‘‘$30,000,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘$40,000,000 for each of fiscal years 2023 through 2027’’.
SEC.

1423.

MENTAL HEALTH AND SUBSTANCE USE DISORDER SERV- ICES FOR STUDENTS IN HIGHER EDUCATION.

Section 520E–2 of the Public Health Service Act (42 U.S.C.
290bb–36b) is amended— (1) in the heading, by striking ‘‘ON CAMPUS’’ and inserting ‘‘FOR STUDENTS IN HIGHER EDUCATION’’; (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘mental and substance use disorders’’ and inserting ‘‘mental health and substance use disorders and promote resiliency’’; (B) in paragraph (4), by striking ‘‘mental and substance use disorder services.’’ and inserting ‘‘mental health and substance use disorder resources and services.’’; (C) in paragraph (5), by striking ‘‘mental and substance use’’ and inserting ‘‘mental health and substance use’’; (D) in paragraph (6), by striking ‘‘staff to respond effec- tively to students with mental and substance use dis- orders.’’ and inserting ‘‘staff to recognize and respond effec- tively and appropriately to students experiencing mental health and substance use disorders.’’; H. R. 2617—1246 (E) in paragraph (7), by striking ‘‘mental and substance use’’ and inserting ‘‘mental health and substance use’’; (F) in paragraph (8), by striking ‘‘mental and substance use’’ and inserting ‘‘mental health and substance use.’’; (G) in paragraph (9), by striking ‘‘regarding improving the behavioral health of students through clinical services, outreach, prevention, or’’ and inserting ‘‘to improve the behavioral health of students through clinical services, out- reach, prevention, promotion of mental health, or’’; (H) in paragraph (10), by striking ‘‘mental and behav- ioral disorders,’’ and inserting ‘‘mental and behavioral health disorders,’’; and (I) in
 paragraph (12), by striking ‘‘best practices.’’ and inserting ‘‘best practices, and trauma-informed practices.’’; (3) in subsection (d)— (A) in paragraph (1), by striking ‘‘mental and substance use’’ and inserting ‘‘mental health and substance use’’; and (B) in paragraph (3), by striking ‘‘promoting access to services,’’ and inserting ‘‘promoting mental health and access to services,’’ (4) in subsection (f)— (A) in the matter preceding paragraph (1), by striking ‘‘the Congress’’ and inserting ‘‘the Committee
 on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate’’; (B) in paragraph (2), by striking ‘‘including efforts’’ and inserting ‘‘including through prevention, early detec- tion, early intervention, and efforts’’; and (C) by adding at the end the following: ‘‘(3) An assessment of the mental health and substance use disorder needs of the populations served by recipients of grants under this section.’’; and (5) in subsection (i), by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’; SEC.
1424.

MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDU- CATION AT INSTITUTIONS OF HIGHER EDUCATION.

Section 549 of the Public Health Service Act (42 U.S.C.

290ee– 4) is amended— (1) in the heading, by striking ‘‘ON COLLEGE CAMPUSES’’ and inserting ‘‘AT INSTITUTIONS OF HIGHER EDUCATION’’; (2) in subsection (c)(2), by inserting ‘‘, including minority- serving institutions as described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q) and community col- leges’’ after ‘‘higher education’’; and (3) in subsection (f), by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’.

CHAPTER 4—MEDIA AND MENTAL HEALTH SEC.

1431.

STUDY ON THE EFFECTS OF SMARTPHONE AND SOCIAL MEDIA USE ON ADOLESCENTS.
(a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Secretary of Health and Human Services may conduct or support research on— (1) smartphone and social media use by adolescents; and H. R. 2617—1247 (2) the effects of such use on— (A) emotional, behavioral, and physical health and development; and (B) any disparities in the mental health outcomes of rural, minority, and other underserved populations.
(b) REPORT.—Not later than 5 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress, and make publicly available, a report on the findings of research under this section.

SEC.

1432.

RESEARCH ON THE HEALTH AND DEVELOPMENT EFFECTS OF MEDIA AND RELATED TECHNOLOGY ON INFANTS, CHILDREN, AND ADOLESCENTS.
(a) IN GENERAL.—The Secretary of Health and Human Services (in this section referred to as the ‘‘Secretary’’) shall, as appropriate, conduct or support research related to the health and developmental effects, including long-term effects, of media and related technology use on infants, children, and adolescents, which may include the effects of exposure to, and use of, media and related technology, such as social media, applications, websites, television, motion pic- tures, artificial intelligence, mobile devices, computers, video games, virtual and augmented reality, and other content, networks, or platforms disseminated through the internet, broadcasted, or other media technologies, as applicable.
(b) ACTIVITIES.—In carrying out subsection (a), the Secretary, acting through the Director of the National Institutes of Health, shall, as appropriate, develop a research agenda to assess the effects of media and related technologies on infants, children, and adolescents, which may include consideration of the following, as appropriate: (1) The cognitive development of infants, children, and adolescents, which may include effects related to language development, learning abilities, and other areas of cognitive development.
(2) The physical health of infants, children, and adolescents, which may include effects related to diet, exercise, sleeping and eating routines, and other areas of physical development.

(3) The mental health of infants, children, and adolescents, which may include effects related to self-awareness, social awareness, relationship skills, decision-making, violence, bul- lying, privacy, mental disorders, and other areas related to mental health.
(c) CONSULTATION.—In developing the research agenda under subsection (b), the Secretary may consult with appropriate national research institutes, academies, and centers, relevant consortia, and non-Federal experts, as appropriate.

The Secretary may utilize sci- entific workshops, symposia, and other activities to assess current knowledge and identify relevant research opportunities and gaps in this area.
(d) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of this Act, the Director of the National Institutes of Health shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report— (1) on the progress made in improving data and expanding research on the health and developmental effects of media H. R. 2617—1248 and related technology on infants, children, and adolescents in accordance with this section; and (2) that summarizes the grants and research funded under this section for each of the years covered by the report.
Subtitle E—Miscellaneous Provisions SEC.

1501.

LIMITATIONS ON AUTHORITY.
In carrying out any program of the Substance Abuse and Mental Health Services Administration whose statutory authorization is enacted or amended by this title, the Secretary of Health and Human Services shall not allocate funding, or require award recipi- ents to prioritize, dedicate, or allocate funding, without consider- ation of the incidence, prevalence, or determinants of mental health or substance use issues, unless such allocation or requirement is consistent with statute, regulation, or other Federal law.
TITLE II—PREPARING FOR AND RE- SPONDING TO EXISTING VIRUSES, EMERGING NEW THREATS, AND PANDEMICS SEC.

2001.

SHORT TITLE.

This title may be cited as the ‘‘Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act’’ or the ‘‘PREVENT Pandemics Act’’.

Subtitle A—Strengthening Federal and State Preparedness CHAPTER 1—FEDERAL LEADERSHIP AND ACCOUNTABILITY SEC.

2101.

APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
(a) IN GENERAL.—Part A of title III of the Public Health Service Act (42 U.S.C.

241 et seq.)

is amended by inserting after section 304 the following: ‘‘SEC.

305.

APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
‘‘(a) IN GENERAL.—The Centers for Disease Control and Preven- tion (referred to in this section as the ‘CDC’) shall be headed by the Director of the Centers for Disease Control and Prevention (referred to in this section as the ‘Director’), who shall be appointed by the President, by and with the advice and consent of the Senate.
Such individual shall also serve as the Administrator of the Agency for Toxic Substances and Disease Registry consistent with section 104(i) of the Comprehensive Environmental Response, Compensa- tion, and Liability Act.

The Director shall perform functions pro- vided for in subsection (b) and such other functions as the Secretary may prescribe.
H. R. 2617—1249 ‘‘(b) FUNCTIONS.—The Secretary, acting through the Director, shall— ‘‘(1) implement and exercise applicable authorities and responsibilities provided for in this Act or other applicable law related to the investigation, detection, identification, prevention, or control of diseases or conditions to preserve and improve public health domestically and globally and address injuries and occupational and environmental hazards, as appropriate; ‘‘(2) be responsible for the overall direction of the CDC and for the establishment and implementation of policies related to the management and operation of programs and activities within the CDC; ‘‘(3) coordinate and oversee the operation of centers, institutes, and offices within the CDC; ‘‘(4) support, in consultation with the heads of such centers, institutes, and offices, program coordination across such cen- ters, institutes, and offices, including through priority setting reviews and the development of strategic plans, to reduce unnecessary duplication and encourage collaboration between programs; ‘‘(5) oversee implementation, and updating of the strategic plan established pursuant to sub- section (c); the development, ‘‘(6) ensure that appropriate strategic planning, including the use of performance metrics, is conducted by such centers, institutes, and offices to facilitate and improve CDC programs and activities; ‘‘(7) communicate, including through convening annual meetings, with public and private entities regarding relevant public health programs and activities, and, as applicable, the strategic plan established pursuant to subsection (c).
‘‘(c) STRATEGIC PLAN.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of the PREVENT Pandemics Act, and at least every 4 years thereafter, the Director shall develop and submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, and post on the website of the CDC, a coordinated strategy to provide strategic direction and facilitate collaboration across the cen- ters, institutes, and offices within the CDC.
Such strategy shall be known as the ‘CDC Strategic Plan’.
‘‘(2) REQUIREMENTS.—The CDC Strategic Plan shall— ‘‘(A) identify strategic priorities and objectives related to— ‘‘(i) preventing, reducing, and eliminating the spread of communicable and noncommunicable dis- eases or conditions, and addressing injuries, and occupational and environmental hazards; ‘‘(ii) supporting the efforts of State, local, and Tribal health departments to prevent and reduce the prevalence of the diseases or conditions under clause (i); ‘‘(iii) containing, mitigating, and ending disease outbreaks; H. R. 2617—1250 ‘‘(iv) enhancing global and domestic public health capacity, capabilities, and preparedness, including public health data, surveillance, workforce, and labora- tory capacity and safety; and ‘‘(v) other priorities, as established by the Director; ‘‘(B) describe the capacity and capabilities necessary to achieve the priorities and objectives under subparagraph (A), and progress towards achieving such capacity and capabilities, as appropriate; and ‘‘(C) include a description of how the CDC Strategic Plan incorporates— ‘‘(i) strategic communications; ‘‘(ii) partnerships with private sector entities, and State, local, and Tribal health departments, and other public sector entities, as appropriate; and ‘‘(iii) coordination with other agencies and offices of the Department of Health and Human Services and other Federal departments and agencies, as appro- priate.
‘‘(3) USE OF PLANS.—Strategic plans developed and updated by the centers, institutes, and offices of the CDC shall be prepared regularly and in such a manner that such plans will be informed by the CDC Strategic Plan developed and updated under this subsection.
‘‘(d) APPEARANCES BEFORE CONGRESS.— ‘‘(1) IN GENERAL.—Each fiscal year, the Director shall appear before the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives at hearings on topics such as— ‘‘(A) support for State, local, and Tribal public health preparedness and responses to any recent or ongoing public health emergency, including— ‘‘(i) any objectives, activities, or initiatives that have been carried out, or are planned, by the Director to prepare for, or respond to, the public health emer- gency, including relevant strategic communications or partnerships and any gaps or challenges identified in such objectives, activities, or initiatives; ‘‘(ii) any objectives and planned activities for the upcoming fiscal year to address gaps in, or otherwise improve, State, local, and Tribal public health preparedness; and ‘‘(iii) other potential all-hazard threats that the Director is preparing to address; ‘‘(B) activities related to public health and functions of the Director described in subsection (b); and ‘‘(C) updates on other relevant activities supported or conducted by the CDC, or in collaboration or coordination with the heads of other Federal departments, agencies, or stakeholders, as appropriate.
‘‘(2) CLARIFICATIONS.— ‘‘(A) WAIVER AUTHORITY.—The Chair of the Committee on Health, Education, Labor, and Pensions of the Senate or the Chair of the Committee on Energy and Commerce H. R. 2617—1251 of the House of Representatives may waive the require- ments of paragraph (1) for the applicable fiscal year with respect to the applicable Committee.
‘‘(B) SCOPE OF REQUIREMENTS.—The requirements of this subsection shall not be construed to impact the appear- ance of other Federal officials or the Director at hearings of either Committee described in paragraph (1) at other times and for purposes other than the times and purposes described in paragraph (1).
‘‘(3) CLOSED HEARINGS.—Information that is not appro- priate for disclosure during an open hearing under paragraph (1) in order to protect national security may instead be dis- cussed in a closed hearing that immediately follows the open hearing.
‘‘(e) OTHER TRANSACTIONS.— ‘‘(1) IN GENERAL.—In carrying out activities of the Centers for Disease Control and Prevention, the Director may enter into transactions other than a contract, grant, or cooperative agreement for purposes of infectious disease research, bio- surveillance, infectious disease modeling, and public health preparedness and response.
‘‘(2) WRITTEN DETERMINATION.—With respect to a project that is expected to cost the Centers for Disease Control and Prevention more than $40,000,000, the Director may exercise the authority under paragraph (1) only upon a written deter- mination by the Assistant Secretary for Financial Resources of the Department of Health and Human Services, that the use of such authority is essential to promoting the success of the project.
The authority of the Assistant Secretary for Financial Resources under this paragraph may not be dele- gated.

‘‘(3) GUIDELINES.—The Director, in consultation with the Secretary, shall establish guidelines regarding the use of the authority under paragraph (1).

Such guidelines shall include auditing requirements.’’.

(b) EFFECTIVE DATE.—The first sentence of section 305(a) of the Public Health Service Act, as added by subsection (a), shall take effect on January 20, 2025.

SEC.

2102.
SEC.

2102.

ADVISORY COMMITTEE TO THE DIRECTOR OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.

Title III of the Public Health Service Act (42 U.S.C.

241 et seq.)

is amended by inserting after section 305, as added by section 2101, the following: ‘‘SEC.

305A.

ADVISORY COMMITTEE TO THE DIRECTOR.


‘‘(a) IN GENERAL.—Not later than 60 days after the date of the enactment of the PREVENT Pandemics Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the ‘Director’), shall maintain or establish an advisory committee within the Centers for Disease Control and Prevention to advise the Director on policy and strategies that enable the agency to fulfill its mission.
‘‘(b) FUNCTIONS AND ACTIVITIES.—The Advisory Committee may— ‘‘(1) make recommendations to the Director regarding ways to prioritize the activities of the agency in alignment with the CDC Strategic Plan required under section 305(c); H. R. 2617—1252 ‘‘(2) advise on ways to achieve or improve performance metrics in relation to the CDC Strategic Plan, and other rel- evant metrics, as appropriate; ‘‘(3) provide advice and recommendations on the develop- ment of the CDC Strategic Plan, and any subsequent updates, as appropriate; ‘‘(4) advise on grants, cooperative agreements, contracts, or other transactions, as applicable; ‘‘(5) provide other advice to the Director, as requested, to fulfill duties under sections 301 and 311; and ‘‘(6) appoint subcommittees.
‘‘(c) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Advisory Committee shall consist of not more than 15 non-Federal members, including the Chair, to be appointed by the Secretary under paragraph (3).
‘‘(2) EX OFFICIO MEMBERS.—Any ex officio members of the Advisory Council may consist of— ‘‘(A) the Secretary; ‘‘(B) the Assistant Secretary for Health; ‘‘(C) the Director; and ‘‘(D) such additional officers or employees of the United States as the Secretary determines necessary for the advisory committee to effectively carry out its functions.
‘‘(3) APPOINTED MEMBERS.—Individuals shall be appointed to the Advisory Committee under paragraph (1) as follows: ‘‘(A) Twelve of the members shall be appointed by the Director from among the leading representatives of the health disciplines (including public health, global health, health disparities, biomedical research, public health preparedness, and other fields, as applicable) rel- evant to the activities of the agency or center, as applicable.
‘‘(B) Three of the members may be appointed by the Secretary from the general public and may include leaders in fields of innovation, public policy, public relations, law, economics, or management.

‘‘(4) COMPENSATION.—Ex officio members of the Advisory Council who are officers or employees of the United States shall not receive any compensation for service on the advisory committee.
The remaining members of the advisory committee may receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory committee, compensation at rates not to exceed the daily equivalent to the annual rate of basic pay for level III of the Executive Schedule under section 5314 of title 5, United States Code.
‘‘(5) TERMS OF OFFICE.— ‘‘(A) IN GENERAL.—The term of office of a member of the advisory committee appointed under paragraph (3) shall be 4 years, except that any member appointed to fill a vacancy for an unexpired term shall serve for the remainder of such term.

The Secretary shall make appoint- ments 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.

H. R. 2617—1253 ‘‘(B) REAPPOINTMENTS.—A member who has been appointed to the advisory committee for a term of 4 years may not be reappointed to the advisory committee during the 2-year period beginning on the date on which such 4-year term expired.
‘‘(C) TIME FOR APPOINTMENT.—If a vacancy occurs in the advisory committee among the members appointed under paragraph (3), the Secretary shall make an appoint- ment to fill such vacancy within 90 days from the date the vacancy occurs.

‘‘(d) CHAIR.—The Secretary shall select a member of the advisory committee to serve as the Chair of the committee.

The Secretary may so select an individual from among the appointed members.

The term of office of the chair shall be 2 years.


‘‘(e) MEETINGS.—The advisory committee shall meet at the call of the Chair or upon request of the Director, but in no event less than 2 times during each fiscal year.

‘‘(f) EXECUTIVE SECRETARY AND STAFF.—The Director shall des- ignate a member of the staff of the agency to serve as the executive secretary of the advisory committee.
The Director shall make avail- able to the advisory committee such staff, information, and other assistance as it may require to carry out its functions.

The Director shall provide orientation and training for new members of the advisory committee to provide for their effective participation in the functions of the advisory committee.’’.

SEC.

2103.

PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE COORDINATION.
(a) PUBLIC HEALTH EMERGENCY FUND.—Section 319(b) of the Public Health Service Act (42 U.S.C.
247d(b)) is amended— (1) in paragraph (2)— (A) in subparagraph (E), by striking ‘‘and’’ at the end; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E), the following: ‘‘(F) support the initial deployment and distribution of contents of the Strategic National Stockpile, as appro- priate; and’’; and (2) by amending paragraph (3)(A) to read as follows: ‘‘(A) the expenditures made from the Public Health Emergency Fund in such fiscal year, including— ‘‘(i) the amount obligated; ‘‘(ii) the recipient or recipients of such obligated funds; ‘‘(iii) the specific response activities such obligated funds will support; and ‘‘(iv) the declared or potential public health emer- gency for which such funds were obligated; and’’.
(b) IMPROVING PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE COORDINATION.— (1) COORDINATION WITH FEDERAL AGENCIES.—Section 2801 of the Public Health Service Act (42 U.S.C.
300hh) is amended by adding at the end the following: ‘‘(c) COORDINATION WITH FEDERAL AGENCIES.—In leading the Federal public health and medical response to a declared or poten- tial public health emergency, consistent with this section, the Sec- retary shall coordinate with, and may request support from, other H. R. 2617—1254 Federal departments and agencies, as appropriate in order to carry out necessary activities and leverage the expertise of such depart- ments and agencies, which may include the provision of assistance at the direction of the Secretary related to supporting the public health and medical response for States, localities, and Tribes.’’.
(2) ASPR DUTIES.—Section 2811(b) of the Public Health Service Act (42 U.S.C.
300hh–10(b)) is amended— (A) in paragraph (1), by inserting ‘‘and, consistent with the National Response Framework and other applicable provisions of law, assist the Secretary in carrying out the functions under section 2801’’ before the period; and (B) in paragraph (4)— (i) in subparagraph (E) by striking ‘‘the actions necessary to overcome these obstacles.’’ and inserting ‘‘recommend actions necessary to overcome these obstacles, such as— ‘‘(i) improving coordination with relevant Federal officials; ‘‘(ii) partnering with other public or private entities to leverage capabilities maintained by such entities, as appropriate and consistent with this subsection; and ‘‘(iii) coordinating efforts to support or establish new capabilities, as appropriate.’’; (ii) in subparagraph (G)— (I) by redesignating clauses (i) and (ii) as sub- clauses (I) and (II) and adjusting the margins accordingly; (II) in the matter preceding subclause (I), as so redesignated— (aa) by inserting ‘‘each year, including national-level and State-level full-scale exer- cises not less than once every 4 years’’ after ‘‘operational exercises’’; and (bb) by striking ‘‘exercises based on—’’ and inserting ‘‘exercises— ‘‘(i) based on’’; (III) by striking the period and inserting a semicolon; and (IV) by adding at the end the following: ‘‘(ii) that assess the ability of the Strategic National Stockpile, as appropriate, to provide medical countermeasures, medical products, and other supplies, including ancillary medical supplies, to support the response
 to a public health emergency or potential public health emergency, including a threat that requires the large-scale and simultaneous deployment of stockpiles and a long-term public health and medical response; and ‘‘(iii) conducted in coordination with State and local health officials.’’; and (iii) by adding at the end the following: ‘‘(J) MEDICAL PRODUCT AND SUPPLY CAPACITY PLAN- NING.—Coordinate efforts within the Department of Health and Human Services to support— ‘‘(i) preparedness for medical product
 and medical supply needs directly related to responding to chemical, H. R. 2617—1255 biological, radiological, or nuclear threats, including emerging infectious diseases, and incidents covered by the National Response Framework, including— ‘‘(I) sharing information, including with appro- priate stakeholders, related to the anticipated need for, and availability of, such products and supplies during such responses; ‘‘(II) supporting activities, which may include public-private partnerships, to maintain capacity of medical products and medical supplies, as applicable and appropriate; and ‘‘(III) planning for potential surges in medical supply needs for purposes of a response to such a threat; and ‘‘(ii) situational awareness with respect to antici- pated need for, and availability of, such medical prod- ucts and medical supplies within the United States during a response to such a threat.’’.
(c) APPEARANCES BEFORE AND REPORTS TO CONGRESS.—Section 2811 of the Public Health Service Act (42 U.S.C.
300hh–10) is amended by adding at the end the following: ‘‘(g) APPEARANCES BEFORE CONGRESS.— ‘‘(1) IN GENERAL.—Each fiscal year, the Assistant Secretary for Preparedness and Response shall appear before the Com- mittee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives at hearings, on topics such as— ‘‘(A) coordination of Federal activities to prepare for, and respond to, public health emergencies; ‘‘(B) activities and capabilities of the Strategic National Stockpile, including whether, and the degree to which, recommendations made pursuant to section 2811–1(c)(1)(A) have been met; ‘‘(C) support for State, local, and Tribal public health and medical preparedness; ‘‘(D) activities implementing the countermeasures budget plan described under subsection (b)(7), including— ‘‘(i) any challenges in meeting the full range of identified medical countermeasure needs; and ‘‘(ii) progress in supporting advanced research, development, and procurement of medical counter- measures, pursuant to subsection (b)(3); ‘‘(E) the strategic direction of, and activities related to, the sustainment of manufacturing surge capacity and capabilities for medical countermeasures pursuant to sec- tion 319L and the distribution and deployment of such countermeasures; ‘‘(F) any additional objectives, activities, or initiatives that have been carried out or are planned by the Assistant Secretary for Preparedness and Response and associated challenges, as appropriate; ‘‘(G) the specific all-hazards threats that the Assistant Secretary for Preparedness and Response is preparing to address, or that are being addressed, through the activities described in subparagraphs (A) through (F); and ‘‘(H) objectives, activities, or initiatives related to the coordination and consultation required under subsections H. R. 2617—1256 (b)(4)(H) and (b)(4)(I), in a manner consistent with para- graph (3), as appropriate.
‘‘(2) CLARIFICATIONS.— ‘‘(A) WAIVER AUTHORITY.—The Chair of the Committee on Health, Education, Labor, and Pensions of the Senate or the Chair of the Committee on Energy and Commerce of the House of Representatives may waive the require- ments of paragraph (1) for the applicable fiscal year with respect to the applicable Committee.
‘‘(B) SCOPE OF REQUIREMENTS.—The requirements of this subsection shall not be construed to impact the appear- ance of other Federal officials or the Assistant Secretary at hearings of either Committee described in paragraph (1) at other times and for purposes other than the times and purposes described in paragraph (1) ‘‘(3) CLOSED HEARINGS.—Information that is not appro- priate for disclosure during an open hearing under paragraph (1) in order to protect national security may instead be dis- cussed in a closed hearing that immediately follows such open hearing.’’.
(d) ANNUAL REPORT ON EMERGENCY RESPONSE AND PREPARED- NESS.—Section 2801 of the Public Health Service Act (42 U.S.C.
300hh), as amended by subsection (b), is further amended by adding at the end the following: ‘‘(d) ANNUAL REPORT ON EMERGENCY RESPONSE AND PREPARED- NESS.—The Secretary shall submit a written report each fiscal year to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Com- mittee on Energy and Commerce and the Committee on Appropria- tions of the House of Representatives, containing— ‘‘(1) updated information related to an assessment of the response to any public health emergency declared, or otherwise in effect, during the previous fiscal year; ‘‘(2) findings related to drills and operational exercises com- fiscal year pursuant to section in the previous pleted 2811(b)(4)(G); ‘‘(3) the state of public health preparedness and response capabilities for chemical, biological, radiological, and nuclear threats, including emerging infectious diseases; and ‘‘(4) any challenges in preparing for or responding to such threats, as appropriate.’’.
(e) GAO REPORT ON INTERAGENCY AGREEMENTS AND COORDINA- TION.—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a review of previous and current interagency agreements established between the Secretary of Health and Human Services and the heads of other relevant Federal depart- ments or agencies pursuant to section 2801(b) of the Public Health Service Act (42 U.S.C.
300hh(b)), including— (A) the specific roles and responsibilities of each Fed- eral department or agency that is a party to any such interagency agreement; (B) the manner in which specific capabilities of each such Federal department or agency may be utilized under such interagency agreements; (C) the frequency with which such interagency agree- ments have been utilized; H. R. 2617—1257 (D) gaps, if any, in interagency agreements that pre- vent the Secretary from carrying out the goals under sec- tion 2802 of the Public Health Service Act (42 U.S.C.
300hh–1); (E) barriers, if any, to establishing or utilizing such interagency agreements; and (F) recommendations, if any, on the ways in which such interagency agreements can be improved to address the gaps and barriers identified under subparagraphs (D) and (E); (2) conduct a review of the implementation and utilization of the authorities described under section 2801(c) of the Public Health Service Act (42 U.S.C.
300hh(c)); and (3) submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the reviews under paragraphs (1) and (2), including related recommendations, as applicable.

SEC.

2104.

OFFICE OF PANDEMIC PREPAREDNESS AND RESPONSE POLICY.
(a) IN GENERAL.—There is established in the Executive Office of the President an Office of Pandemic Preparedness and Response Policy (referred to in this section as the ‘‘Office’’), which shall be headed by a Director (referred to in this section as the ‘‘Director’’) appointed by the President and who shall be compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5, United States Code.
The President is authorized to appoint not more than 2 Associate Directors, who shall be com- pensated at a rate not to exceed that provided for level III of the Executive Schedule in section 5314 of such title.

Associate Directors shall perform such functions as the Director may pre- scribe.
(b) FUNCTIONS OF THE DIRECTOR.—The primary function of the Director is to provide advice, within the Executive Office of the President, on policy related to preparedness for, and response to, pandemic and other biological threats that may impact national security, and support strategic coordination and communication with respect to relevant activities across the Federal Government.
In addition to such other functions and activities as the President may assign, the Director, consistent with applicable laws and the National Response Framework, shall— (1) serve as the principal advisor to the President on all matters related to pandemic preparedness and response policy and make recommendations to the President regarding pan- demic and other biological threats that may impact national security; (2) coordinate Federal activities to prepare for, and respond to, pandemic and other biological threats, by— (A) providing strategic direction to the heads of applicable Federal departments, agencies, and offices, including— (i) implementation, establishment, prioritization, and assessment of policy goals and objec- tives across the Executive Office of the President and such departments, agencies, and offices; the H. R. 2617—1258 (ii) supporting the assessment and clarification of roles and responsibilities related to such Federal activi- ties; and (iii) supporting the development and implementa- tion of metrics and performance measures to evaluate the extent to which applicable activities meet such goals and objectives; (B) providing, in consultation with the Secretary of Health and Human Services and the heads of other rel- evant Federal departments, agencies, and offices, leader- ship with respect to the National Biodefense Strategy and related activities pursuant to section 1086 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C.
104) and section 363 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C.
105); (C) facilitating coordination and communication between such Federal departments, agencies, and offices to improve preparedness for, and response to, such threats; (D) ensuring that the authorities, capabilities, and expertise of each such department, agency, and office are appropriately leveraged to facilitate the whole-of-Govern- ment response to such threats; (E) overseeing coordination of Federal efforts to prepare for and support the production, supply, and distribution of relevant medical products and supplies during a response to a pandemic or other biological threat, as applicable and appropriate, including supporting Federal efforts to assess any relevant vulnerabilities in the supply chain of such products and supplies, and identify opportunities for private entities to engage with the Federal Government to address medical product and medical supply needs during such a response; (F) overseeing coordination of Federal efforts for the basic and advanced research, development, manufacture, and procurement of medical countermeasures for such threats, including by— (i) serving, with the Secretary of Health and Human Services, as co-Chair of the Public Health Emergency Medical Countermeasures Enterprise established pursuant to section 2811–1 of the Public Health Service Act (42 U.S.C.
300hh–10a); (ii) promoting coordination between the medical countermeasure research, development, and procure- ment activities of respective Federal departments and agencies, including to advance the discovery and development of new medical products and technologies; (G) convening heads of Federal departments and agen- cies, as appropriate, on topics related to capabilities to prepare for, and respond to, such threats; (H) assessing and advising on international cooperation in preparing for, and responding to, such threats to advance the national security objectives of the United States; and (I) overseeing other Federal activities to assess threats, for, and responses to, such preparedness including— H. R. 2617—1259 (i) drills and operational exercises conducted pursuant to applicable provisions of law; and (ii) Federal after-action reports developed following such drills and exercises or a response to a pandemic or other biological threat; (3) promote and support the development of relevant exper- tise and capabilities within the Federal Government to ensure that the United States can quickly detect, identify, and respond to such threats, and provide recommendations, as appropriate, to the President; (4) consult with the Director of the Office of Management and Budget and other relevant officials within the Executive Office of the President, including the Assistant to the President for National Security Affairs and the Director of the Office of Science and Technology Policy, regarding activities related to preparing for, and responding to, such threats and relevant research and emerging technologies that may advance the bio- security and preparedness and response goals of the Federal Government; (5) identify opportunities to leverage current and emerging technologies, including through public-private partnerships, as appropriate, to address such threats and advance the prepared- ness and response goals of the Federal Government; and (6) ensure that findings of Federal after-action reports con- ducted pursuant to paragraph (2)(I)(ii) are implemented to the maximum extent feasible within the Federal Government.
(c) SUPPORT FROM OTHER AGENCIES.—Each department, agency, and instrumentality of the executive branch of the Federal Government, including any independent agency, is authorized to support the Director by providing the Director such information as the Director determines necessary to carry out the functions of the Director under this section.
(d) PREPAREDNESS OUTLOOK REPORT.— (1) IN GENERAL.—Within its first year of operation, the Director, in consultation with the heads of relevant Federal departments and agencies and other officials within the Execu- tive Office of the President, shall through a report submitted to the President and made available to the public, to the extent practicable, identify and describe situations and conditions which warrant special attention within the next 5 years, involving current and emerging problems of national signifi- cance related to pandemic or other biological threats, and opportunities for, and the barriers to, the research, develop- ment, and procurement of medical countermeasures to ade- quately respond to such threats.
(2) REVISIONS.—The Office shall revise the report under paragraph (1) not less than once every 5 years and work with relevant Federal officials to address the problems, barriers, opportunities, and actions identified under this report through the development of the President’s Budgets and programs.
(e) INTERDEPARTMENTAL WORKING GROUP.—The Director shall lead an interdepartmental working group that will meet on a reg- ular basis to evaluate national biosecurity and pandemic prepared- ness issues and make recommendations to the heads of applicable Federal departments, agencies and offices.
The working group shall consist of representatives from— H. R. 2617—1260 (1) the Office of Pandemic Preparedness and Response Policy, to serve as the chair; (2) the Department of Health and Human Services; (3) the Department of Homeland Security; (4) the Department of Defense; (5) the Office of Management and Budget; and (6) other Federal Departments and agencies.
(f) INDUSTRY LIAISON.— (1) IN GENERAL.—Not later than 10 days after the initiation of a Federal response to a pandemic or other biological threat that may pose a risk to national security, the Director shall appoint an Industry Liaison within the Office of Pandemic Preparedness and Response Policy to serve until the termi- nation of such response.
(2) ACTIVITIES.—The Industry Liaison shall— (A) not later than 20 days after the initiation of such response, identify affected industries and develop a plan to regularly communicate with, and receive input from, affected industries; (B) work with relevant Federal departments and agen- cies to support information sharing and coordination with industry stakeholders; and (C) communicate, and support the provision of technical assistance, as applicable, with private entities interested in supporting such response, which may include entities not historically involved in the public health or medical sectors, as applicable and appropriate.
(g) ADDITIONAL FUNCTIONS OF THE DIRECTOR.—The Director, in addition to the other duties and functions set forth in this section— (1) shall— (A) serve as a member of the Domestic Policy Council and the National Security Council; (B) serve as a member of the Intergovernmental Science, Engineering, and Technology Advisory Panel under section 205(b) of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6614(b)) and the Federal Coordinating Council for Science, Engineering and Technology under section 401 of such Act (42 U.S.C.
6651); (C) consult with State, Tribal, local, and territorial governments, industry, academia, professional societies, and other stakeholders, as appropriate; (D) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies; and (E) at the President’s request, perform such other duties and functions and enter into contracts and other arrangements for studies, analyses, and related services with public or private entities, as applicable and appro- priate; and (2) may hold such hearings in various parts of the United States as necessary to determine the views of the entities and individuals referred to in paragraph (1) and of the general public, concerning national needs and trends in pandemic preparedness and response.
H. R. 2617—1261 (h) STAFFING AND DETAILEES.—In carrying out functions under this section, the Director may— (1) appoint not more than 25 individuals to serve as employees of the Office as necessary to carry out this section; (2) fix the compensation of such personnel at a rate to be determined by the Director, up to the amount of annual compensation (excluding expenses) specified in section 102 of title 3, United States Code; (3) utilize the services of consultants, which may include by obtaining services described under section 3109(b) of title 5, United States Code, at rates not to exceed the rate of basic pay for level IV of the Executive Schedule; and (4) direct, with the concurrence of the Secretary of a depart- ment or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such depart- ment or agency, in order to carry out the functions of the Office.
(i) PREPAREDNESS REVIEW AND REPORT.—The Director, in con- sultation with the heads of applicable Federal departments, agen- cies, and offices, shall— (1) not later than 1 year after the date of enactment of this Act, conduct a review of applicable Federal strategies, policies, procedures, and after-action reports to identify gaps inefficiencies related to pandemic preparedness and and response; (2) not later than 18 months after the date of enactment of this Act, and every 2 years thereafter, submit to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing— (A) current and emerging pandemic and other biological threats that pose a significant level of risk to national security; (B) the roles and responsibilities of the Federal Govern- ment in preparing for, and responding to, such threats; (C) the findings of the review conducted under para- graph (1); (D) any barriers or limitations related to addressing such findings; (E) current and planned activities to update Federal strategies, policies, and procedures to address such findings, consistent with applicable laws and the National Response Framework; (F) current and planned activities to support the development of expertise within the Federal Government pursuant to subsection (b)(3); and (G) opportunities to improve Federal preparedness and response capacities and capabilities through the use of current and emerging technologies.
(j) NONDUPLICATION OF EFFORT.—The Director shall ensure that activities carried out under this section do not unnecessarily duplicate the efforts of other Federal departments, agencies, and offices.

(k) CONFORMING AMENDMENTS.— (1) Section 2811–1 of the Public Health Service Act (42 U.S.C.
300hh–10a) is amended— H. R. 2617—1262 (A) in the second sentence of subsection (a), by striking ‘‘shall serve as chair’’ and inserting ‘‘and the Director of the Office of Pandemic Preparedness and Response Policy shall serve as co-chairs’’; and (B) in subsection (b)— (i) by redesignating paragraph (10) as paragraph (11); and (ii) by inserting after paragraph (9) the following: ‘‘(10) The Director of the Office of Pandemic Preparedness and Response Policy.’’.
(2) Section 101(c)(1) of the National Security Act of 1947 (50 U.S.C.

3021(c)(1)) is amended by inserting ‘‘the Director of the Office of Pandemic Preparedness and Response Policy’’ after ‘‘Treasury,’’.

(3) The National Science and Technology Policy, Organiza- tion, and Priorities Act of 1976 (42 U.S.C.

6601 et seq.)

is amended— (A) in section 205(b)(2) (42 U.S.C.


6614(b)(2))— (i) by striking ‘‘and (C)’’ and inserting ‘‘(C)’’; and (ii) by striking the period at the end and inserting ‘‘; and (D) the Director of the Office of Pandemic Preparedness and Response Policy.’’; and (B) in section 401(b) (42 U.S.C.

6651(b)), by inserting ‘‘, the Director of the Office of Pandemic Preparedness and Response Policy,’’ after ‘‘Technology Policy’’.

CHAPTER 2—STATE AND LOCAL READINESS SEC.

2111.


IMPROVING STATE AND LOCAL PUBLIC HEALTH SECURITY.

(a) IN GENERAL.—Section 319C–1(b)(2) of the Public Health Service Act (42 U.S.C.
247d–3a(b)(2)) is amended— (1) in subparagraph (A)— (A) in clause (vii), by inserting ‘‘during and’’ before ‘‘following a public health emergency’’; (B) by amending clause (viii) to read as follows: ‘‘(viii) a description of how the entity, as applicable and appropriate, will coordinate with State emergency preparedness and response plans in public health emergency preparedness, including State education agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965), State child care lead agencies (designated under section 658D of the Child Care and Development Block Grant Act of 1990), and other relevant State agencies’’; (C) in clause (xi), by striking ‘‘; and’’ and inserting a semicolon; (D) by redesignating clause (xii) as clause (xiii); and (E) by inserting after clause (xi) the following: ‘‘(xii) a description of how the entity will provide technical assistance to improve public health prepared- ness and response, as appropriate, to agencies or other entities that operate facilities within the entity’s juris- diction in which there is an increased risk of infectious disease outbreaks in the event of a public health emer- gency declared under section 319, such as residential care facilities, group homes, and other similar settings; and’’; H. R. 2617—1263 (2) by redesignating subparagraphs (D) through (H) as subparagraphs (E) through (I), respectively; and (3) by inserting after subparagraph (C) the following: ‘‘(D) an assurance that the entity will require relevant staff to complete relevant preparedness and response trainings, including trainings related to efficient and effec- tive operation during an incident or event within an Incident Command System;’’.
(b) APPLICABILITY.—The amendments made by subsection (a) shall not apply with respect to any cooperative agreement entered into prior to the date of enactment of this Act.

SEC.

2112.

SUPPORTING ACCESS TO MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES DURING PUBLIC HEALTH EMERGENCIES.

(a) AUTHORITIES.—Section 501(d) of the Public Health Service Act (42 U.S.C.
290aa(d)) is amended— (1) by redesignating paragraphs (24) and (25) as paragraphs (25) and (26), respectively; and (2) by inserting after paragraph (23) the following: ‘‘(24) support the continued access to, or availability of, mental health and substance use disorder services during, or in response to, a public health emergency declared under section 319, including in consultation with, as appropriate, the Assist- ant Secretary for Preparedness and Response, the Director of the Centers for Disease Control and Prevention, and the heads of other relevant agencies, in preparing for, and responding to, a public health emergency;’’.
(b) STRATEGIC PLAN.—Section 501(l)(4) of the Public Health Service Act (42 U.S.C.
290aa(l)(4)) is amended— (1) in subparagraph (E), by striking ‘‘and’’ at the end; (2) in subparagraph (F), by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(G) specify a strategy to support the continued access to, or availability of, mental health and substance use disorder services, including to at-risk individuals (as defined in section 2802(b)(4)), during, or in response to, public health emergencies declared pursuant to section 319.’’.
(c) BIENNIAL REPORT CONCERNING ACTIVITIES AND PROGRESS.— Section 501(m) of the Public Health Service Act (42 U.S.C.
290aa(m)) is amended— (1) by redesignating paragraphs (4) through (7) as para- graphs (5) through (8), respectively; (2) by inserting after paragraph (3) the following: ‘‘(4) a description of the Administration’s activities to sup- port the continued provision of mental health and substance use disorder services, as applicable, in response to public health emergencies declared pursuant to section 319;’’; and (3) in paragraph (5), as so redesignated— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ‘‘(D) relevant preparedness and response activities;’’.
(d) ADVISORY COUNCILS.—Not later than 1 year after the date of enactment of this Act, the Assistant Secretary for Mental Health H. R. 2617—1264 and Substance Use shall issue a report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropria- tions of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representa- tives, reflecting the feedback of the advisory councils for the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, and the Center for Mental Health Services, pursuant to section 502 of the Public Health Service Act (42 U.S.C.
290aa– 1), with recommendations to improve the continued provision of mental health and substance use disorder services during a public health emergency declared under section 319 of such Act (42 U.S.C.

247d), and the provision of such services as part of the public health and medical response to such an emergency, consistent with title XXVIII of such Act (42 U.S.C.

300hh et seq.
300hh et seq.

), including related to the capacity of the mental health and substance use disorder workforce and flexibilities provided to awardees of mental health and substance use disorder programs.
(e) GAO REPORT.—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Com- merce of the House of Representatives a report on programs and activities of the Substance Abuse and Mental Health Services Administration to support the provision of mental health and sub- stance use disorder services and related activities during the COVID–19 pandemic, including the provision of such services as part of the medical and public health response to such pandemic.
Such report shall— (1) examine the role played by the advisory councils described in section 502 of the Public Health Service Act (42 U.S.C.

290aa–1) and the National Mental Health and Substance Use Policy Laboratory established under section 501A of such Act (42 U.S.C.
290aa–0) in providing technical assistance and recommendations to the Substance Abuse and Mental Health Services Administration to support the response of such agency to the public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C.
247d) with respect to COVID–19; (2) describe the manner in which existing awardees of mental health and substance use disorder programs provided and altered delivery of services during such public health emer- gency, including information on the populations served by such awardees and any barriers faced in delivering services; and (3) describe activities of the Substance Abuse and Mental Health Services Administration to support the response to such public health emergency, including through technical assist- ance, provision of services, and any flexibilities provided to such existing awardees, and any barriers faced in implementing such activities.
SEC.

2113.

TRAUMA CARE REAUTHORIZATION.

(a) IN GENERAL.—Section 1201 of the Public Health Service Act (42 U.S.C.
300d) is amended— (1) in subsection (a)— (A) in paragraph (3)— (i) by inserting ‘‘analyze,’’ after ‘‘compile,’’; and H. R. 2617—1265 (ii) by inserting ‘‘and medically underserved areas’’ before the semicolon; (B) in paragraph (4), by adding ‘‘and’’ after the semi- colon; (C) by striking paragraph (5); and (D) by redesignating paragraph (6) as paragraph (5); (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: ‘‘(b) TRAUMA CARE READINESS AND COORDINATION.—The Sec- retary, acting through the Assistant Secretary for Preparedness and Response, shall support the efforts of States and consortia of States to coordinate and improve emergency medical services and trauma care during a public health emergency declared by the Secretary pursuant to section 319 or a major disaster or emer- gency declared by the President under section 401 or 501, respec- tively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
Such support may include— ‘‘(1) developing, issuing, and updating guidance, as appro- priate, to support the coordinated medical triage and evacuation to appropriate medical institutions based on patient medical need, taking into account regionalized systems of care; ‘‘(2) disseminating, as appropriate, information on evidence- based or evidence-informed trauma care practices, taking into consideration emergency medical services and trauma care sys- tems, including such practices identified through activities con- ducted under subsection (a) and which may include the identi- fication and dissemination of performance metrics, as applicable and appropriate; and ‘‘(3) other activities, as appropriate, to optimize a coordi- nated and flexible approach to the emergency response and medical surge capacity of hospitals, other health care facilities, critical care, and emergency medical systems.’’.
(b) GRANTS TO IMPROVE TRAUMA CARE IN RURAL AREAS.— Section 1202 of the Public Health Service Act (42 U.S.C.
300d– 3) is amended— (1) by amending the section heading to read as follows: ‘‘GRANTS TO IMPROVE TRAUMA CARE IN RURAL AREAS’’; (2) by amending subsections (a) and (b) to read as follows: ‘‘(a) IN GENERAL.—The Secretary shall award grants to eligible entities for the purpose of carrying out research and demonstration projects to support the improvement of emergency medical services and trauma care in rural areas through the development of innova- tive uses of technology, training and education, transportation of seriously injured patients for the purposes of receiving such emer- gency medical services, access to prehospital care, evaluation of protocols for the purposes of improvement of outcomes and dissemi- nation of any related best practices, activities to facilitate clinical research, as applicable and appropriate, and increasing communica- tion and coordination with applicable State or Tribal trauma sys- tems.
‘‘(b) ELIGIBLE ENTITIES.— ‘‘(1) IN GENERAL.—To be eligible to receive a grant under this section, an entity shall be a public or private entity that provides trauma care in a rural area.
‘‘(2) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to eligible entities that will provide H. R. 2617—1266 services under the grant in any rural area identified by a State under section 1214(d)(1).’’; and (3) by adding at the end the following: ‘‘(d) REPORTS.—An entity that receives a grant under this sec- tion shall submit to the Secretary such reports as the Secretary may require to inform administration of the program under this section.’’.
(c) COMPETITIVE GRANTS FOR TRAUMA CENTERS.—Section 1204 of the Public Health Service Act (42 U.S.C.
300d–6) is amended— (1) by amending the section heading to read as follows: ‘‘COMPETITIVE GRANTS FOR TRAUMA CENTERS’’; (2) in subsection (a)— (A) by striking ‘‘that design, implement, and evaluate’’ and inserting ‘‘to design, implement, and evaluate new or existing’’; (B) by striking ‘‘emergency care’’ and inserting ‘‘emer- gency medical’’; and (C) by inserting ‘‘, and improve access to trauma care within such systems’’ before the period; (3) in subsection (b)(1), by striking subparagraphs (A) and (B) and inserting the following: ‘‘(A) a State or consortia of States; ‘‘(B) an Indian Tribe or Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act); ‘‘(C) a consortium of level I, II, or III trauma centers designated by applicable State or local agencies within an applicable State or region, and, as applicable, other emergency services providers; or ‘‘(D) a consortium or partnership of nonprofit Indian Health Service, Indian Tribal, and urban Indian trauma centers.’’; (4) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by (i) by striking ‘‘that proposes a pilot project’’; (ii) by striking ‘‘an emergency medical and trauma system that—’’ and inserting ‘‘a new or existing emer- gency medical and trauma system.
Such eligible entity shall use amounts awarded under this subsection to carry out 2 or more of the following activities:’’; (B) in paragraph (1) — striking inserting ‘‘Strengthening coordination and communication’’; and (ii) by striking ‘‘an approach to emergency medical and trauma system access throughout the region, including 9–1–1 Public Safety Answering Points and emergency medical inserting ‘‘approaches to improve situational awareness and emergency medical and trauma system access.’’; (C) in paragraph (2)— ‘‘coordinates’’ and dispatch;’’ and (i) by striking ‘‘includes’’ and inserting ‘‘Providing’’; (ii) by inserting ‘‘support patient movement to’’ after ‘‘region to’’; and (iii) by striking the semicolon and inserting a period; (D) in paragraph (3)— H. R. 2617—1267 (i) by striking ‘‘allows for’’ and inserting ‘‘Improving’’; and (ii) by striking ‘‘; and’’ and inserting a period; (E) in paragraph (4), by striking ‘‘includes a consistent’’ and inserting ‘‘Supporting a consistent’’; and (F) by adding at the end the following: ‘‘(5) Establishing, implementing, and disseminating, or uti- lizing existing, as applicable, evidence-based or evidence- informed practices across facilities within such emergency med- ical and trauma system to improve health outcomes, including such practices related to management of injuries, and the ability of such facilities to surge.
‘‘(6) Conducting activities to facilitate clinical research, as applicable and appropriate.’’; (5) in subsection (d)(2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking ‘‘the proposed’’ and inserting ‘‘the applicable emergency medical and trauma system’’; (ii) in clause (i), by inserting ‘‘or Tribal entity’’ after ‘‘equivalent State office’’; and (iii) in clause (vi), by striking ‘‘; and’’ and inserting a semicolon; (B) by redesignating subparagraph (B) as subpara- graph (C); and (C) by inserting after subparagraph (A) the following: ‘‘(B) for eligible entities described in subparagraph (C) or (D) of subsection (b)(1), a description of, and evidence of, coordination with the applicable State Office of Emer- gency Medical Services (or equivalent State Office) or applicable such office for a Tribe or Tribal organization; and’’; (6) in subsection (e), by adding at the end the following: requirement ‘‘(3) EFFECTIVE described in paragraph (1) shall take effect on October 1, 2025.’’; (7) in subsection (f), by striking ‘‘population in a medically underserved area’’ and inserting ‘‘medically underserved popu- lation’’; DATE.—The matching (8) in subsection (g)— (A) in the matter preceding paragraph (1), by striking ‘‘described in’’; (B) in paragraph (2), by striking ‘‘the system character- istics that contribute to’’ and inserting ‘‘opportunities for improvement, for how to including recommendations improve’’; (C) by striking paragraph (4); (D) by redesignating paragraphs (5) and (6) as
 para- graphs (4) and (5), respectively; (E) in paragraph (4), as so redesignated, by striking ‘‘; and’’ and inserting a semicolon; (F) in paragraph (5), as so redesignated, by striking the period and inserting ‘‘; and’’; and (G) by adding at the end the following: ‘‘(6) any evidence-based or evidence-informed strategies developed or utilized pursuant to subsection (c)(5).’’; and (9) by amending subsection (h) to read as follows: H. R. 2617—1268 ‘‘(h) DISSEMINATION OF FINDINGS.—Not later than 1 year after the
 completion of the final project under subsection (a), the Sec- retary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the information contained in each report submitted pursuant to subsection (g) and any additional actions planned by the Secretary related to regionalized emergency care and trauma systems.’’.
(d) PROGRAM FUNDING.—Section 1232(a) of the Public Health Service Act (42 U.S.C.

300d–32(a)) is amended by striking ‘‘2010 through 2014’’ and inserting ‘‘2023 through 2027’’.

SEC.

2114.

ASSESSMENT OF CONTAINMENT AND MITIGATION OF INFEC- TIOUS DISEASES.
(a) GAO STUDY.—The Comptroller General of the United States shall conduct a study that reviews a geographically diverse sample of States and territories that, in response to the COVID–19 pan- demic, implemented preparedness and response plans that included isolation and quarantine recommendations or requirements.
Such study shall include— (1) a review of such State and territorial preparedness and response plans in place during the COVID–19 pandemic, an assessment of the extent to which such plans facilitated or presented challenges to State and territorial responses to such public health emergency, including response activities relating to isolation and quarantine to prevent the spread of COVID–19; and (2) a description of the technical assistance provided by the Federal Government to help States and territories facilitate such response activities during responses to relevant public health emergencies declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act, including the public health emergency with respect to COVID–19, and a review of the degree to which such State and territorial plans were implemented and subsequently revised in response to the COVID–19 pandemic to address any challenges.
(b) REPORT.—Not later than 18 months after the date of enact- ment of this Act, the Comptroller General of the United States shall submit a report on the study under subsection (a) to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.

SEC.

2115.

CONSIDERATION OF UNIQUE CHALLENGES IN NONCONTIG- UOUS STATES AND TERRITORIES.
During any public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C.

247d), the Secretary of Health and Human Services shall conduct quarterly meetings or consultations, as applicable or appropriate, with noncontiguous States and territories with regard to addressing unique public health challenges in such States and territories associated with such public health emergency.
H. R. 2617—1269 Subtitle B—Improving Public Health Preparedness and Response Capacity CHAPTER 1—IMPROVING PUBLIC HEALTH EMERGENCY RESPONSES SEC.

2201.

ADDRESSING FACTORS RELATED TO IMPROVING HEALTH OUTCOMES.

(a) IN GENERAL.—Part B of title III of the Public Health Service Act (42 U.S.C.

243 et seq.)

is amended— (1) by inserting after section 317U the following: ‘‘SEC.

317V.

ADDRESSING FACTORS RELATED TO IMPROVING HEALTH OUTCOMES.
‘‘(a) IN GENERAL.—The Secretary may, as appropriate, award grants, contracts, or cooperative agreements to eligible entities for the conduct of evidence-based or evidence-informed projects, which may include the development of networks to improve health out- comes by improving the capacity of such entities to address factors that contribute to negative health outcomes in communities.
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive an award under this section, an entity shall— ‘‘(1)(A) be a State, local, or Tribal health department, community-based organization, Indian Tribe or Tribal organiza- tion (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act), urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act), or other public or private entity, as the Secretary determines appropriate; or ‘‘(B) be a consortia of entities described in subparagraph (A) or a public-private partnership, including a community partnership; ‘‘(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Sec- retary shall require; ‘‘(3) in the case of an entity other than a community- based organization, demonstrate a history of successfully working with an established community-based organization to address health outcomes; and ‘‘(4) submit a plan to conduct activities described in sub- section (a) based on a community needs assessment that takes into account community input.
‘‘(c) USE OF FUNDS.—An entity described in subsection (b) shall use funds received under subsection (a), in consultation with State, local, and Tribal health departments, community-based organiza- tions, entities serving medically underserved communities, and other entities, as applicable, for one or more of the following pur- poses: ‘‘(1) Supporting the implementation, evaluation, and dissemination of strategies, through evidence-informed or evi- dence-based programs and through the support and use of public health and health care professionals to address factors related to health outcomes.
‘‘(2) Establishing, maintaining, or improving, in consulta- tion with State, local, or Tribal health departments, technology H. R. 2617—1270 platforms or networks to support, in a manner that is consistent with applicable Federal and State privacy law— ‘‘(A) coordination among appropriate entities, and, as applicable and appropriate, activities to improve such coordination; ‘‘(B) information sharing on health and related social services; and ‘‘(C) technical assistance and related support for enti- ties participating in the platforms or networks.
‘‘(3) Implementing best practices for improving health out- comes and reducing disease among underserved populations.

‘‘(4) Supporting consideration of factors related to health outcomes in preparing for, and responding to, public health emergencies, through outreach, education, research, and other relevant activities.
‘‘(d) BEST PRACTICES AND TECHNICAL ASSISTANCE.—The Sec- retary, in consultation with the Director of the Office of Minority Health, the National Coordinator for Health Information Tech- nology, and the Administrator of the Administration for Community Living, may award grants, contracts, and cooperative agreements to public or nonprofit private entities, including minority serving institutions (defined, for purposes of this subsection, as institutions and programs described in section 326(e)(1) of the Higher Education Act of 1965 and institutions described in section 371(a) of such Act of 1965), to— ‘‘(1) identify or facilitate the development of best practices to support improved health outcomes for underserved popu- lations; ‘‘(2) provide technical assistance, training, and evaluation assistance to award recipients under subsection (a); ‘‘(3) disseminate best practices, including to award recipi- ents under subsection (a); and ‘‘(4) leverage, establish, or operate regional centers to develop, evaluate, and disseminate effective strategies on fac- tors related to health outcomes, including supporting research and training related to such strategies.
‘‘(e) AWARD PERIODS.—The Secretary shall issue awards under this section for periods of not more than 5 years and may issue extensions of such award periods for an additional period of up to 3 years.

‘‘(f) REPORT.—Not later than September 30, 2026, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Com- merce of the House of Representatives a report that includes information on activities funded under this section.
Such report shall include a description of— ‘‘(1) changes in the capacity of public health entities to address factors related to health outcomes in communities, including any applicable platforms or networks developed or utilized to coordinate health and related social services and any changes in workforce capacity or capabilities; ‘‘(2) improvements in health outcomes and in reducing health disparities in medically underserved communities; ‘‘(3) activities conducted to support consideration of factors related to health outcomes in preparing for, and responding to, public health emergencies, through outreach, education, and other relevant activities; H. R. 2617—1271 ‘‘(4) communities and populations served by recipients of awards under subsection (a); ‘‘(5) activities supported under subsection (e); and ‘‘(6) other relevant activities and outcomes, as determined by the Secretary.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated $35,000,000 for each of fiscal years 2023 through 2027.
Of the amounts appropriated under this subsection for a fiscal year, 5 percent shall be reserved for awards under subsection (a) to Indian Tribes and Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act), urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act), and Tribal health departments.’’; and (2) by striking section 330D (42 U.S.C.

254c–4).
(b) GAO STUDY AND REPORT.—Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Edu- cation, Labor, and Pensions of the Senate and the Energy and Committee on Energy and Commerce of the House of Representa- tives a report on the program authorized under section 317V of the Public Health Service Act, as added by subsection (a), including a review of the outcomes and effectiveness of the program and coordination with other programs in the Department of Health and Human Services with similar goals to ensure that there was no unnecessary duplication of efforts.
CHAPTER 2—IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA SEC.

2211.

MODERNIZING STATE, LOCAL, AND TRIBAL BIOSURVEIL- LANCE CAPABILITIES AND INFECTIOUS DISEASE DATA.

Section 319D of the Public Health Service Act (42 U.S.C.

247d– 4) is amended— (1) in subsection (a)(3)— (A) in the matter that precedes subparagraph (A), by striking ‘‘.
Activities’’ and all that follows through ‘‘include’’ and inserting ‘‘, by’’; and (B) in subparagraph (D), by inserting ‘‘, infectious dis- ease outbreaks,’’ after ‘‘bioterrorism’’; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking ‘‘, and local’’ and inserting ‘‘, local, and Tribal’’; and (II) by adding ‘‘and’’ after the semicolon; (ii) in subparagraph (B), by striking ‘‘; and’’ and inserting ‘‘;’’; and (iii) by striking subparagraph (C); and (B) in paragraph (2)— (i) by inserting ‘‘, deidentified’’ before ‘‘informa- tion’’; and (ii) by adding at the end the following: ‘‘The Sec- retary shall ensure that the activities carried out pursuant to the previous sentence are conducted in a manner that protects personal privacy, to the extent H. R. 2617—1272 required by applicable Federal and State information privacy or security law, at a minimum.’’; (3) in subsection (c)— (A) in paragraph (1)— (i) by inserting ‘‘modernize,’’ after ‘‘establish,’’; (ii) by is deidentified, as inserting ‘‘that applicable,’’ after ‘‘share data and information’’; (iii) by inserting ‘‘, to the extent practicable’’ before the period of the second sentence; and (iv) by adding at the end the following: ‘‘The Sec- retary shall ensure that the activities carried out pursuant to this paragraph are conducted in a manner that protects personal privacy, to the extent required by applicable Federal and State information privacy or security law, at a minimum.’’; (B) in paragraph (3)— (i) in subparagraph (A)— (I)
 in clause (iii), by adding ‘‘and’’ after the semicolon; (II) in clause (iv), by striking ‘‘; and’’ and inserting a period; and (III) by striking clause (v); and (ii) in subparagraph (B), by inserting ‘‘, and make recommendations to improve the quality of data col- lected pursuant to subparagraph (A) to ensure com- plete, accurate, and timely sharing of such data, as appropriate, across such elements as described in subparagraph (A)’’ after ‘‘under subparagraph (A)’’; (C) in paragraph (5)— (i) in subparagraph
 (A)— (I) in the matter preceding clause (i), by striking ‘‘and operating’’ and inserting ‘‘, operating, and updating, as appropriate,’’; (II) in clause (iii)— (aa) by inserting ‘‘that is deidentified, as applicable,’’ after ‘‘analyses’’; and (bb) by inserting ‘‘in accordance with applicable Federal and State privacy and secu- rity law’’ before the semicolon at the end; (III) in clause (iv), by striking ‘‘and’’ at the end; (IV) in clause (v), by striking the period and inserting ‘‘; and’’; and (V) by adding at the end the following: ‘‘(vi) in collaboration with State, local, and Tribal public health officials, integrate and update applicable existing public health data systems and networks of the Department of Health and Human Services to reflect technological advancements, consistent with sec- tion 2823, as applicable.’’; and (ii) in subparagraph (B)— (I) in clause (i), by inserting ‘‘and 180 days after the date of enactment of the PREVENT Pandemics Act,’’ after ‘‘Innovation Act of 2019,’’; (II) in clause (ii), by striking ‘‘and other rep- resentatives as the Secretary determines appro- priate’’ and inserting ‘‘experts in State-based public H. R. 2617—1273 health data systems; experts in standards and implementation specifications, including trans- action standards; and experts in privacy and data security’’; and (III) in clause (iii)— (aa) in subclause (IV), by inserting ‘‘, including existing public health data systems’’ before the semicolon; (bb) in subclause
 (V), by striking ‘‘and’’ at the end; (cc) in subclause (VI), by striking the period and inserting a semicolon; and (dd) by adding at the end the following: ‘‘(VII) strategies to integrate laboratory and public health data systems and capabilities to sup- port rapid and accurate reporting of laboratory test results and associated relevant data; ‘‘(VIII) strategies to improve the collection, reporting, and dissemination of relevant, aggre- gated, deidentified demographic data to inform responses to public
 health emergencies, including identification of at-risk populations and to address potential health disparities; and ‘‘(IX) strategies to improve the electronic exchange of health information, as appropriate, between State and local health departments and health care providers and facilities to improve the detection of, and responses to, potentially cata- strophic infectious disease outbreaks.’’; (D) in paragraph (6)(A)— (i) in the matter preceding clause (i), by inserting ‘‘and every 5 years thereafter,’’ after ‘‘Innovation Act of 2019,’’ (ii) in clause (iii)— (I) in subclause (III), by striking ‘‘and’’ at the end; and (II) by adding at the end the following: ‘‘(V) improve coordination and collaboration, as appropriate, with other Federal departments to improve the capabilities of the network and reduce administrative burden on State, local, and Tribal entities; and ‘‘(VI) implement applicable lessons learned from recent public health emergencies to address gaps in situational awareness and biosurveillance capabilities;’’; (iii) in clause (iv), by striking ‘‘and’’ at the end; (iv) in clause (v), by striking the period and inserting ‘‘, including a description of how such steps will further the goals of the network, consistent with paragraph (1); and’’; and (v) by adding at the end the following: ‘‘(vi) identifies and demonstrates measurable steps the Secretary will take to further develop and integrate infectious disease detection, support rapid, accurate, and secure sharing of test results, deidentified as appropriate, during a public health laboratory H. R. 2617—1274 emergency, and improve coordination and collaboration with State, local, and Tribal public health officials, clinical laboratories, and other entities with expertise in public health surveillance.’’; and (E) by adding at the end the following: ‘‘(9) RULES OF CONSTRUCTION.— ‘‘(A) Nothing in this subsection shall be construed to supplant, in whole or in part, State, local, or Tribal activi- ties or
 responsibilities related to public health surveillance.
‘‘(B) Nothing in this subsection shall be construed to alter the authority of the Secretary with respect to the types of data the Secretary may receive through systems supported or established under this section.’’; (4) in subsection (d)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting ‘‘deidentified’’ before ‘‘data, information’’; and (II) by inserting ‘‘, in consultation with such State or consortium of States’’ before the semi- colon; (ii) in subparagraph (C), by inserting ‘‘, including any public-private partnerships or other partnerships entered into to improve such capacity’’ before the semi- colon; and (B) by adding at the end the following: ‘‘(6) NON-DUPLICATION OF EFFORT.—The Secretary shall ensure that activities carried out under an award under this subsection do not unnecessarily duplicate efforts of other agen- cies and offices within the Department of Health and Human Services.’’; (5) by striking subsection (e); (6) by redesignating subsections (f), (g), (h), (i), and (j), as subsections (e), (f), (g), (h), and (i), respectively; (7) by striking subsection (h), as redesignated by paragraph (6), and inserting the following: ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated— ‘‘(1) to carry out subsection (a), $25,000,000 for each of fiscal years 2022 and 2023; and ‘‘(2) to carry out subsections (b), (c), and (d), $136,800,000 for each of fiscal years 2022 and 2023.’’; and (8) by striking ‘‘tribal’’ each place it appears and inserting ‘‘Tribal’’.
SEC.

2212.

GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH SURVEILLANCE OF PATHOGENS.
(a) GUIDANCE SUPPORTING GENOMIC SEQUENCING OF PATHO- GENS COLLABORATION.—The Secretary of Health and Human Serv- ices (referred to in this section as the ‘‘Secretary’’), in consultation with the heads of other Federal departments or agencies, as appro- priate, shall issue guidance to support collaboration relating to genomic sequencing of pathogens, including the use of new and innovative approaches and technology for the detection, character- ization, and sequencing of pathogens, to improve public health surveillance and preparedness and response activities, consistent with section 2824 of the Public Health Service Act, as added by H. R. 2617—1275 subsection (b).
Such guidance shall address the secure sharing, for public health surveillance purposes, of specimens of such patho- gens, between appropriate entities and public health authorities, consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C.
1320d–2 note), as applicable, and in a manner that protects personal privacy to the extent required by applicable pri- vacy law, at a minimum, and the appropriate use of sequence data derived from such specimens.

(b) GENOMIC SEQUENCING PROGRAM.—Title XXVIII of the Public Health Service Act (42 U.S.C.

300hh et seq.)

is amended by adding at the end the following: ‘‘SEC.

2824.

GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH SURVEILLANCE OF PATHOGENS PROGRAM.
‘‘(a) GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH SURVEILLANCE OF PATHOGENS PROGRAM.—The Secretary, acting through the Director of the Centers for Disease Control and Preven- tion and in consultation with the Director of the National Institutes of Health and heads of other departments and agencies, as appro- priate, shall strengthen and expand activities related to genomic sequencing of pathogens, including through new and innovative approaches and technology for the detection, characterization, and sequencing of pathogens, analytics, and public health surveillance, including— ‘‘(1) continuing and expanding activities, which may include existing genomic sequencing activities related to advanced molecular detection, to— ‘‘(A) identify and respond to emerging infectious disease threats; and ‘‘(B) identify the potential use of genomic sequencing technologies, advanced computing, and other advanced technology to inform surveillance activities and incorporate the use of such technologies, as appropriate, into related activities; ‘‘(2) providing technical assistance and guidance to State, Tribal, local, and territorial public health departments to increase the capacity of such departments to perform genomic sequencing of pathogens, including recipients of funding under section 2821; ‘‘(3) carrying out activities to enhance the capabilities of the public health workforce with respect to pathogen genomics, epidemiology, and bioinformatics, including through training; and ‘‘(4) continuing and expanding activities, as applicable, with public and private entities, including relevant departments and agencies, laboratories, academic institutions, and industry.
‘‘(b) PARTNERSHIPS.—For the purposes of carrying out the activi- ties described in subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants, contracts, or cooperative agreements to entities, including academic and other laboratories, with expertise in genomic sequencing for public health purposes, including new and innovative approaches to, and related technology for, the detection, characterization, and sequencing of pathogens.
‘‘(c) CENTERS OF EXCELLENCE.— H. R. 2617—1276 ‘‘(1) IN GENERAL.—The Secretary shall, as appropriate, award grants, contracts, or cooperative agreements to public health agencies for the establishment or operation of centers of excellence to promote innovation in pathogen genomics and molecular epidemiology to improve the control of and response to pathogens that may cause a public health emergency.
Such centers shall, as appropriate— ‘‘(A) identify and evaluate the use of genomics, or other related technologies that may advance public health preparedness and response; ‘‘(B) improve the identification, development, and use of tools for integrating and analyzing genomic and epi- demiologic data; ‘‘(C) assist with genomic surveillance of, and response to, infectious diseases, including analysis of pathogen genomic data; ‘‘(D) conduct applied research to improve public health surveillance of, and response to, infectious diseases through innovation in pathogen genomics and molecular epidemi- ology; and ‘‘(E) develop and provide training materials for experts in the fields of genomics, microbiology, bioinformatics, epidemiology, and other fields, as appropriate.
‘‘(2) REQUIREMENTS.—To be eligible for an award under paragraph (1), an entity shall submit to the Secretary an application containing such information as the Secretary may require, including a description of how the entity will partner, as applicable, with academic institutions or a consortium of academic partners that have relevant expertise, such as micro- bial genomics, molecular epidemiology, or the application of bioinformatics or statistics.’’.
(c) REPORT TO CONGRESS.—Not later than 90 days after the date of enactment of the PREVENT Pandemics Act, and 90 days following expenditure of all funds under section 2402 of the Amer- ican Rescue Plan Act of 2021 (Public Law 117–2), the Director of the Centers for Disease Control and Prevention shall submit a report to the Committee on Health, Education, Labor, and Pen- sions of the Senate and the Committee on Energy and Commerce of the House of Representatives outlining how funds awarded under such section 2402 were expended as of the date of such report.
SEC.

2213.

SUPPORTING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA.

(a) DESIGNATION OF PUBLIC HEALTH DATA STANDARDS.—Section 2823(a)(2) of the Public Health Service Act (42 U.S.C.
300hh– 33(a)(2)) is amended— (1) by striking ‘‘In carrying out’’ and inserting the following: ‘‘(A) IN GENERAL.—In carrying out’’; and (2) by striking ‘‘shall, as appropriate and’’ and inserting ‘‘shall, not later than 2 years after the date of enactment of the PREVENT Pandemics Act,’’; and (3) by adding at the end the following: ‘‘(B) NO DUPLICATIVE EFFORTS.— ‘‘(i) IN GENERAL.—In carrying out the requirements of this paragraph, the Secretary, in consultation with the Office of the National Coordinator for Health input gathered Information Technology, may use H. R. 2617—1277 (including input and recommendations gathered from the Health Information Technology Advisory Com- mittee), and materials developed, prior to the date of enactment of the PREVENT Pandemics Act.
‘‘(ii) DESIGNATION OF STANDARDS.—Consistent with sections 13111 and 13112 of the HITECH Act, the data and technology standards designated pursuant to this paragraph shall align with the standards and implementation specifications previously adopted by the Secretary pursuant to section 3004, as applicable.

‘‘(C) PRIVACY AND SECURITY.—Nothing in this para- graph shall be construed as modifying applicable Federal or State information privacy or security law.’’.
(b) STUDY ON LABORATORY INFORMATION STANDARDS.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Office of the National Coordinator for Health Information Technology shall conduct a study to review the use of standards for electronic ordering and reporting of laboratory test results.
(2) AREAS OF CONCENTRATION.—In conducting the study under paragraph (1), the Office of the National Coordinator for Health Information Technology shall— (A) determine the extent to which clinical laboratories are using standards for electronic ordering and reporting of laboratory test results; (B) assess trends in laboratory compliance with stand- ards for ordering and reporting laboratory test results and the effect of such trends on the interoperability of labora- tory data with public health data systems; (C) identify challenges related to collection and reporting of demographic and other data elements with respect to laboratory test results; (D) identify any challenges associated with using or complying with standards and reporting laboratory test results with data elements identified in standards for elec- tronic ordering and reporting of such results; and (E) review other relevant areas determined appropriate by the Office of the National Coordinator for Health Information Technology.
(3) REPORT.—Not later than 2 years after the date of enact- ment of this Act, the Office of the National Coordinator for Health Information Technology shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Rep- resentatives a report concerning the findings of the study con- ducted under paragraph (1).
(c) DATA USE AGREEMENTS.— (1) INTERAGENCY DATA USE AGREEMENTS WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR PUBLIC HEALTH EMERGENCIES.— (A) IN GENERAL.—The Secretary of Health and Human Services (referred to in this subsection as the ‘‘Secretary’’) shall, as appropriate, facilitate the development of, or updates to, memoranda of understanding, data use agree- ments, or other applicable interagency agreements regarding appropriate access, exchange, and use of public health data between the Centers for Disease Control and H. R. 2617—1278 Prevention, the Office of the Assistant Secretary for Preparedness and Response, other relevant agencies or offices within the Department of Health and Human Serv- ices, and other relevant Federal agencies, in order to pre- pare for, identify, monitor, and respond to declared or potential public health emergencies.
(B) REQUIREMENTS.—In carrying out activities pursu- ant to subparagraph (A), the Secretary shall— (i) ensure that the agreements and memoranda of understanding described in such subparagraph— (I) address the methods of granting access to data held by one agency or office with another to support the respective missions of such agencies or offices; (II) consider minimum necessary principles of data sharing for appropriate use; (III) include appropriate privacy and cyberse- curity protections; and (IV) are subject to regular updates, as appro- priate; (ii) collaborate with the Centers for Disease Con- trol and Prevention, the Office of the Assistant Sec- retary for Preparedness and Response, the Office of the Chief Information Officer, and, as appropriate, the Office of the National Coordinator for Health Informa- tion Technology, and other entities within the Depart- ment of Health and Human Services; and (iii) consider the terms and conditions of any existing data use agreements with other public or pri- vate entities and any need for updates to such existing agreements, consistent with paragraph (2).
(2) DATA USE AGREEMENTS WITH EXTERNAL ENTITIES.—The Secretary, acting through the Director of the Centers for Dis- ease Control and Prevention and the Assistant Secretary for Preparedness and Response, may update memoranda of under- standing, data use agreements, or other applicable agreements and contracts to improve appropriate access, exchange, and use of public health data between the Centers for Disease Control and Prevention and the Office of the Assistant Sec- retary for Preparedness and Response and external entities, including State, Tribal, and territorial health departments, lab- oratories, hospitals and other health care providers, electronic health records vendors, and other entities, as applicable and appropriate, in order to prepare for, identify, monitor, and respond to declared or potential public health emergencies.
(3) REPORT.—Not later than 90 days after the date of enactment of this Act, the Secretary shall report to the Com- mittee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the status of the agreements under this subsection.

(d) IMPROVING INFORMATION SHARING AND AVAILABILITY OF PUBLIC HEALTH DATA.—Part A of title III of the Public Health Service Act (42 U.S.C.

241 et seq.)
241 et seq.)

is amended by adding at the end the following: H. R. 2617—1279 ‘‘SEC.

310B.

IMPROVING STATE, LOCAL, AND TRIBAL INFORMATION SHARING.
‘‘(a) IN GENERAL.—The Secretary may, in consultation with State, local, and Tribal public health officials, carry out activities to improve the availability of appropriate and applicable public health data related to communicable diseases, and information sharing between, the Director of the Centers for Disease Control and Prevention, the Assistant Secretary for Preparedness and Response, and such State, local, and Tribal public health officials, which may include such data from— ‘‘(1) health care providers and facilities; ‘‘(2) public health and clinical laboratories; ‘‘(3) health information exchanges and health information networks; and ‘‘(4) State, local, and Tribal health departments.
‘‘(b) CONTENT, FORM, AND MANNER.—The Secretary shall, con- sistent with the requirements of this section, work with such offi- cials and relevant stakeholders to provide information on the con- tent, form, and manner in which such data, deidentified as applicable, may most effectively support the ability of State, local, and Tribal health departments to respond to such communicable diseases, including related to the collection and reporting of demo- graphic and other relevant data elements.
Such form and manner requirements shall align with the standards and implementation specifications adopted by the Secretary under section 3004, as applicable.

‘‘(c) DECREASED BURDEN.—In facilitating the coordination of efforts under subsection (a), the Secretary shall make reasonable efforts to limit reported public health data to the minimum nec- essary information needed to accomplish the intended public health purpose.
‘‘(d) EXEMPTION OF CERTAIN PUBLIC HEALTH DATA FROM DISCLOSURE.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health data that are gathered under this section if— ‘‘(1) an individual is identified through such data; or ‘‘(2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the information, the request, and other available data sources or the application of technology could be used to deduce the identity of an individual.’’.
(e) IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA.— (1) IN GENERAL.—The Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’) shall award grants, contracts, or cooperative agreements to eligible entities for purposes of identifying, developing, or disseminating best practices in electronic health information and the use of designated data standards and implementation specifications, including privacy standards, to improve the quality and completeness of data, including demographic data used for public health purposes.
(2) ELIGIBLE ENTITIES.—To be eligible to receive an award under this subsection an entity shall— (A) be a health care provider, academic medical center, community-based organization, State, local governmental H. R. 2617—1280 entity, Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self Determination and Education Assistance Act (25 U.S.C.

5304)), urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C.
1603)), or other appropriate public or private nonprofit entity, or a consortia of any such entities; and (B) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(3) ACTIVITIES.—Entities receiving awards under this sub- section shall use such award to develop and test best practices for training health care providers to use standards and implementation specifications that assist in the capture, access, exchange, and use of electronic health information, deidentified as applicable, such as demographic information, disability status, veteran status, and functional status.
Such activities shall include, at a minimum— (A) improving, understanding, and using data stand- ards and implementation specifications; (B) developing or identifying methods to improve communication with patients in a culturally- and linguis- tically-appropriate manner, including to better capture information related to demographics of such individuals; (C) developing methods for accurately categorizing and recording patient responses using available data standards; (D) educating providers regarding the utility of such information for public health purposes and the importance of accurate collection and recording of such data; and (E) providing information regarding how data will be deidentified if used for such public health purposes, as applicable and appropriate.
(4) REPORTING.— (A) REPORTING BY AWARD RECIPIENTS.—Each recipient of an award under this subsection shall submit to the Secretary a report on the results of best practices identified, developed, or disseminated through such award.
(B) REPORT TO CONGRESS.—Not later than 1 year after the completion of the program under this subsection, the Secretary shall submit a report to Congress on the success of best practices developed under such program, opportuni- ties for further dissemination of such best practices, and improving the capture, access, recommendations exchange, and use of information to improve public health and reduce health disparities.
(5) NON-DUPLICATION OF EFFORTS.—The Secretary shall ensure that the activities and programs carried out under this subsection are free of unnecessary duplication of effort.
(f) RULES OF CONSTRUCTION.—Nothing in this section shall for be construed to— (1) supplant, in whole or in part, State, local, or Tribal activities or responsibilities related to public health surveil- lance, as applicable; (2) alter the authority of the Secretary with respect to the types of data the Secretary may receive through systems supported or established in this section or other laws; or H. R. 2617—1281 (3) modify applicable Federal or State information privacy or security law.

SEC.

2214.
SEC.

2214.

EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.

Title XXVIII of the Public Health Service Act (42 U.S.C.

300hh et seq.

), as amended by section 2212, is further amended by adding at the end the following: ‘‘SEC.

2825.

EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.


‘‘(a) IN GENERAL.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall continue activities related to the development of infectious disease outbreak analysis capabilities to enhance the prediction, modeling, and fore- casting of potential public health emergencies and other infectious disease outbreaks, which may include activities to support prepared- ness for, and response to, such emergencies and outbreaks.
In carrying out this subsection, the Secretary shall identify strategies to include and leverage, as appropriate, the capabilities to public and private entities, which may include conducting such activities through collaborative partnerships with public and private entities, including academic institutions, and other Federal agencies, con- sistent with section 319D, as applicable.
‘‘(b) CONSIDERATIONS.—In carrying out subsection (a), the Sec- retary, acting through the Director of the Centers for Disease Con- trol and Prevention, may consider public health data and, as appro- priate, other data sources related to preparedness for, or response to, public health emergencies and infectious disease outbreaks.
‘‘(c) ANNUAL REPORTS.—Not later than 1 year after the date of enactment of this section, and annually thereafter for each of the subsequent 4 years, the Secretary shall prepare and submit a report, to the Committee on Health, Education, Labor, and Pen- sions of the Senate and the Committee on Energy and Commerce of the House of Representatives, regarding an update on progress on activities conducted under this section to develop infectious disease outbreak analysis capabilities and any additional informa- tion relevant to such efforts.’’.
SEC.

2215.

PUBLIC HEALTH DATA TRANSPARENCY.


(a) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue a report assessing practices, objectives, and associated progress and challenges in achieving such objectives, of the Centers of Disease Control and Prevention with respect to the collection and dissemination of public health data related to a public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C.
247d) or a potential public health emergency.
(b) PLAN.—Not later than 180 days following the issuance of the report pursuant to paragraph (1), the Director of the Centers for Disease Control and Prevention shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representa- tives a plan that shall include— (1) steps to improve the timely reporting and dissemination of deidentified public health data related to a public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C.
247d) or a potential public health emer- gency that is collected by the Centers for Disease Control and Prevention, including any associated barriers; H. R. 2617—1282 (2) recommendations to Congress regarding gaps in such practices and objectives described in subsection (a); and (3) considerations regarding the requirements and limita- tions of data use agreements for such purposes, as applicable, and any efforts undertaken to address those requirements and limitations.

SEC.

2216.
SEC.

2216.

GAO REPORT ON PUBLIC HEALTH PREPAREDNESS, RESPONSE, AND RECOVERY DATA CAPABILITIES.

(a) STUDY.—The Comptroller General of the United States (referred to in this section as the ‘‘Comptroller General’’) shall conduct a study on the efforts of the Department of Health and Human Services to ensure that public health preparedness, response, and recovery data capabilities related to pandemic and other biological threats are not unnecessarily duplicative, overlap- ping, or fragmented.
Such study shall include— (1) a comprehensive list of all public health preparedness, response, and recovery data collection, such as incidence and prevalence of disease tracking, hospitalizations, critical care capacity, and testing programs, at the Department of Health and Human Services, as identified by the department and its component agencies; (2) an analysis of any duplication, overlap, or fragmentation of the programs identified in paragraph (1); (3) identification of any efforts of the Department of Health and Human Services to reduce unnecessary duplication and improve coordination, efficiency, and effectiveness of such pro- grams and any associated challenges; (4) any practices that threaten individual privacy and rec- ommendations to improve the protection of individual, identifi- able data; and (5) a description of the funding and other resources dedi- cated to the operation of each such program identified in para- graph (1).
(b) REPORTING.— (1) IN GENERAL.—Based on the study conducted under sub- section (a), the Comptroller General shall— (A) not later than 6 months after the date of enactment of this Act, provide a briefing to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Rep- resentatives; and (B) not later than 18 months after the date of enact- ment of this Act, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Rep- resentatives a complete report on such study.
(2) RECOMMENDATIONS.—The report under paragraph (1)(B) shall include recommendations, as appropriate, with respect to public health preparedness, response, and recovery data programs at the Department of Health and Human Services, to— (A) streamline data collection and reduce fragmenta- tion and address any associated challenges; (B) reduce duplication in such programs; and (C) improve information-sharing across programs.

H. R. 2617—1283 CHAPTER 3—REVITALIZING THE PUBLIC HEALTH WORKFORCE SEC.

2221.
2221.

IMPROVING RECRUITMENT AND RETENTION OF THE FRONT- LINE PUBLIC HEALTH WORKFORCE.

(a) IN GENERAL.—Section 776 of the Public Health Service Act (42 U.S.C.
295f–1) is amended— (1) in subsection (a)— (A) by striking ‘‘supply of’’ and inserting ‘‘supply of, and encourage recruitment and retention of,’’; and (B) by striking ‘‘Federal,’’; (2) in subsection (b)— (A) by amending paragraph (1)(A) to read as follows: ‘‘(1)(A)(i) be accepted for enrollment, or be enrolled, as a student in an accredited institution of higher education or school of public health in the final semester (or equivalent) of a program leading to a certificate or degree, including a master’s or doctoral degree, in public health, epidemiology, laboratory sciences, data systems, data science, data analytics, informatics, statistics, or another subject matter related to public health; and ‘‘(ii) be employed by, or have accepted employment with, a State, local, or Tribal public health agency, or a related training fellowship at such State, local, or Tribal public health agency, as recognized by the Secretary, to commence upon graduation; or’’; and (B) in paragraph (1)(B)— (i) in clause (i)— (I) by striking ‘‘accredited educational institu- tion in a State or territory’’ and inserting ‘‘accred- ited institution of higher education or school of public health’’; and (II) by striking ‘‘a public health or health professions degree or certificate’’ and inserting ‘‘a certificate or degree, including a master’s or doc- toral degree, in public health, epidemiology, labora- tory sciences, data systems, data science, data ana- lytics, informatics, statistics, or another subject matter related to public health’’;
 and (ii) in clause (ii)— (I) by striking ‘‘Federal,’’; and (II) by striking ‘‘fellowship,’’ and inserting ‘‘fellowship at such State, local, or Tribal public health agency,’’; (3) in subsection (c)(2)— (A) by striking ‘‘Federal,’’; and (B) by striking ‘‘equal to the greater of—’’ and all that follows through the end of subparagraph (B) and inserting ‘‘of at least 3 consecutive years;’’; (4) in subsection (d)— (A) by amending paragraph (1) to read as follows: ‘‘(1) IN GENERAL.—A loan repayment provided for
 an indi- vidual under a written contract under the Program shall consist of payment, in accordance with paragraph (2), for the individual toward the outstanding principal and interest on education loans incurred by the individual in the pursuit of the relevant H. R. 2617—1284 degree or certificate described in subsection (b)(1) in accordance with the terms of the contract.’’; and (B) in paragraph (2)— (i) by striking ‘‘For each year’’ and inserting the following: ‘‘(A) IN GENERAL.—For each year’’; (ii) by striking ‘‘$35,000’’ and inserting ‘‘$50,000’’; (iii) by inserting ‘‘$150,000’’; and ‘‘$105,000’’ and striking (iv) by adding at the end the following: ‘‘(B) CONSIDERATIONS.—The Secretary may take action in making awards under this section to ensure that— ‘‘(i) an appropriate proportion of contracts are awarded to individuals who are eligible to participate in the program pursuant to subsection (b)(1)(A); and ‘‘(ii) contracts awarded under this section are equi- tably distributed among— ‘‘(I) the geographical regions of the United States; ‘‘(II) local, State, and Tribal public health departments; and ‘‘(III) such public health departments under subclause (II) serving rural and urban areas.’’; (5) in subsection (e), by striking ‘‘receiving a degree or certificate from a health professions or other related school’’ and inserting ‘‘with a contract to serve under subsection (c)’’; (6) in subsection (f), by adding at the end the following: ‘‘In the event that a
 participant fails to either begin or complete the obligated service requirement of the loan repayment con- tract under this section, the Secretary may waive or suspend either the unfulfilled service or the assessed damages as pro- vided for under section 338E(d), as appropriate.’’; (7) by redesignating subsection (g) as subsection (i); (8) by inserting after subsection (f) the following: ‘‘(g) ELIGIBLE LOANS.—The loans eligible for repayment under this section are each of the following: ‘‘(1) Any loan for
 education or training for employment by a health department.
‘‘(2) Any loan under part E of title VIII (relating to nursing student loans).

‘‘(3) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965).

‘‘(4) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965.

‘‘(5) Any other Federal loan, as the Secretary determines appropriate.
‘‘(h) PILOT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall, as appropriate, establish a pilot program, to be known as the Bio-Preparedness Workforce Pilot Program, to provide for loan repayment for health professionals with expertise in infectious diseases and emergency preparedness and response activities to ensure an adequate supply of such professionals.
Such program shall be administered consistent with the requirements of this section, H. R. 2617—1285 except that, to be eligible to participate in the pilot program, an individual shall— ‘‘(A)(i) be accepted for enrollment, or be enrolled, as a student in an accredited institution of higher education in the final semester (or equivalent) of a program leading to a health professions degree or certificate program rel- evant to such program; or ‘‘(ii) have graduated, during the preceding 10-year period, from an accredited institution of higher education with a health professions degree or certificate program relevant to such program; and ‘‘(B) be employed by, or have accepted employment with— ‘‘(i) a Federal health care facility; ‘‘(ii) a nonprofit health care facility that is located in a health professional shortage area (as defined in section 332), a frontier health professional shortage area (as defined in section 799B), or a medically under- served community (as defined in section 799B); ‘‘(iii) an entity receiving assistance under title XXVI for the provision of clinical services; ‘‘(iv) a health program, or a facility, operated by an Indian Tribe or Tribal organization (as those terms are defined in section 4 of the Indian Self-Determina- tion and Education Assistance Act) or by an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act); or ‘‘(v) another relevant entity determined appro- priate by the Secretary, as a health professional with expertise in infectious diseases or emergency prepared- ness and response.
‘‘(2) NON-DUPLICATION OF EFFORT.—The Secretary shall ensure that the pilot program established under paragraph (1) does not unnecessarily duplicate the National Health Service Corps Loan Repayment Program, or any other loan repayment program operated by the Department of Health and Human Services.

‘‘(3) EVALUATION AND REPORT TO CONGRESS.— ‘‘(A) IN GENERAL.—The Secretary shall evaluate the pilot program at the conclusion of the first cycle of recipi- ents funded by the pilot program.
‘‘(B) REPORT.— ‘‘(i) IN GENERAL.—The Secretary shall submit to the Committee on Health, Education, Labor, and Pen- sions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the evaluation under subparagraph (A).

The report shall include, at a minimum, outcomes information from the pilot program, including any impact on recruitment and retention of health professionals with expertise infectious diseases and emergency preparedness and response activities.
in ‘‘(ii) RECOMMENDATION.—The report under this subparagraph shall include a recommendation by the Secretary as to whether the pilot program under this subsection should be extended.’’; H. R. 2617—1286 (9) in subsection (i), as so redesignated, by striking ‘‘$195,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 through 2015’’ and inserting ‘‘$100,000,000 for each of fiscal years 2023 through 2025’’; and (10) by striking ‘‘tribal’’ each place such term appears and inserting ‘‘Tribal’’.
(b) GAO STUDY ON PUBLIC HEALTH WORKFORCE.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct an evaluation of what is known about the public health workforce in the United States, which shall address— (A) existing gaps in the Federal, State, local, Tribal, and territorial public health workforce, including positions that may be required to prepare for, and respond to, a public health emergency such as COVID–19; (B) challenges associated with the hiring, recruitment, and retention of the Federal, State, local, Tribal, and terri- torial public health workforce; and (C) Federal efforts to improve hiring, recruitment, and retention of the public health workforce; and (2) submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on such review.
SEC.

2222.

AWARDS TO SUPPORT COMMUNITY HEALTH WORKERS AND COMMUNITY HEALTH.

(a) IN GENERAL.—Section 399V of the Public Health Service Act (42 U.S.C.
280g–11) is amended— (1) by amending the section heading to read as follows: ‘‘AWARDS TO SUPPORT COMMUNITY HEALTH WORKERS AND COMMUNITY HEALTH’’; (2) by amending subsection (a) to read as follows: ‘‘(a) IN GENERAL.—The Secretary shall award grants, contracts, or cooperative agreements to eligible entities to promote positive health behaviors and outcomes for populations in medically under- served communities by leveraging community health workers, including by addressing ongoing and longer-term community health needs, and by building the capacity of the community health worker workforce.
Such grants, contracts, and cooperative agreements shall be awarded in alignment and coordination with existing funding arrangements supporting community health workers.’’; (3) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by striking ‘‘Grants awarded’’ and inserting ‘‘Subject to any requirements for the scope of licensure, registration, or certification of a community health worker under applicable State law, grants, contracts, and cooperative agreements awarded’’; and (ii) by striking ‘‘support community health workers’’; (B) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; (C) by striking paragraphs (1) and (2) and inserting the following: H. R. 2617—1287 ‘‘(1) recruit, hire, train, and retain community health workers that reflect the needs of the community; ‘‘(2) support community health workers in providing edu- cation and outreach, in a community setting, regarding— ‘‘(A) health conditions prevalent in— ‘‘(i) medically underserved communities (as defined in section 799B), particularly racial and ethnic minority populations; and ‘‘(ii) other such at-risk populations or geographic areas that may require additional support during public health emergencies, which may include counties identified by the Secretary using applicable measures developed by the Centers for Disease Control and Prevention or other Federal agencies; and ‘‘(B) addressing health disparities, including by— ‘‘(i) promoting awareness of services and resources to increase access to
 health care, mental health and substance use disorder services, child services, tech- nology, housing services, educational services, nutrition services, employment services, and other services; and ‘‘(ii) assisting in conducting individual and commu- nity needs assessments; ‘‘(3) educate community members, including regarding effective strategies to promote healthy behaviors;’’; (D) in paragraph (4), as so redesignated, by striking ‘‘to educate’’ and inserting ‘‘educate’’; (E) in paragraph (5), as so
 redesignated— (i) by striking ‘‘to identify’’ and inserting ‘‘identify’’; (ii) by striking ‘‘healthcare agencies’’ and inserting ‘‘health care agencies’’; and (iii) by striking ‘‘healthcare services and to elimi- nate duplicative care; or’’ and inserting ‘‘health care services and to streamline care, including serving as a liaison between communities and health care agen- cies; and’’; and (F) in paragraph (6), as so redesignated— (i) by striking ‘‘to educate, guide, and provide’’ and inserting ‘‘support community health workers in educating, guiding, or providing’’; and (ii) by striking ‘‘maternal health and prenatal care’’ and inserting ‘‘chronic diseases, maternal health, pre- natal, and postpartum care in order to improve maternal and infant health outcomes’’; (4) in subsection (c), by striking ‘‘Each eligible entity’’ and all that follows through ‘‘accompanied by’’ and inserting ‘‘To be eligible to receive an award under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing’’; (5) in subsection (d)— (A) in the matter preceding paragraph (1), by striking ‘‘awarding grants’’ and inserting ‘‘making awards’’; (B) by amending paragraph (1) to read as follows: ‘‘(1) propose to serve— ‘‘(A) areas with populations that have a high rate of chronic disease, infant mortality, or maternal morbidity and mortality; H. R. 2617—1288 ‘‘(B) low-income populations, including medically underserved populations (as
 defined in section 330(b)(3)); ‘‘(C) populations residing in health professional short- age areas (as defined in section 332(a)); ‘‘(D) populations residing in maternity care health professional target areas identified under section 332(k); or ‘‘(E) rural or traditionally underserved populations, including racial and ethnic minority populations or low- income populations;’’; (C) in paragraph (2), by striking ‘‘; and’’ and inserting ‘‘, including rural populations and racial and ethnic minority
 populations;’’; (D) in paragraph (3), by striking ‘‘with community health workers.’’ and inserting ‘‘and established relation- ships with community health workers in the communities expected to be served by the program;’’ and (E) by adding at the end the following: ‘‘(4) develop a plan for providing services to the extent practicable, in the language and cultural context most appro- priate to individuals expected to be served by the program; and ‘‘(5) propose to use evidence-informed or evidence-based practices, as applicable and appropriate.’’; (6) in subsection (e)— (A) by striking ‘‘community health worker programs’’ and inserting ‘‘eligible entities’’; and (B) by striking ‘‘and one-stop delivery systems under section 121(e)’’ and inserting ‘‘, health professions schools, minority-serving institutions (defined, for purposes of this subsection, as institutions and programs described in sec- tion 326(e)(1) of the Higher Education Act of 1965 and institutions described in section 371(a) of such Act), area health education centers under section 751 of this Act, and one-stop delivery systems under section 121’’; (7) by striking subsections (f), (g), (h), (i), and (j) and inserting the following: ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary may provide to eligible entities that receive awards under subsection (a) technical assistance with respect to planning, development, and operation of community health worker programs authorized or supported under this section.
‘‘(g) DISSEMINATION OF BEST PRACTICES.—Not later than 4 years after the date of enactment of the PREVENT Pandemics Act, the Secretary shall, based on activities carried out under this section and in consultation with relevant stakeholders, identify and disseminate practices or regarding recruitment and retention of community health workers and paraprofessionals to address ongoing public health and commu- nity health needs, and to prepare for, and respond to, future public health emergencies.
evidence-informed evidence-based ‘‘(h) REPORT TO CONGRESS.—Not later than 4 years after the date of enactment of the PREVENT Pandemics Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report concerning H. R. 2617—1289 the effectiveness of the program under this section in addressing ongoing public health and community health needs.
Such report shall include recommendations regarding any improvements to such program, including recommendations for how to improve recruit- ment, training, and retention of the community health workforce.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For purposes of car- rying out this section, there are authorized to be appropriated $50,000,000 for each of fiscal years 2023 through 2027.’’; (8) by redesignating subsection (k) as subsection (j); and (9) in subsection (j), as so redesignated— (A) by striking paragraphs (1), (2), and (4); (B) by redesignating paragraph (3) as paragraph (1); (C) in paragraph (1), as so redesignated— (i) by striking ‘‘entity (including a State or public subdivision of a State’’ and inserting ‘‘entity, including a State or political subdivision of a State, an Indian Tribe or Tribal organization, an urban Indian organiza- tion, a community-based organization’’; and (ii) by striking ‘‘as defined in section 1861(aa) of the Social Security Act))’’ and inserting ‘‘(as defined in section 1861(aa)(4) of the Social Security Act)’’; and (D) by adding at the end the following: ‘‘(2) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms ‘Indian Tribe’ and ‘Tribal organization’ have the meanings given the terms ‘Indian tribe’ and ‘tribal organization’, respectively, in section 4 of the Indian Self-Determination and Education Assistance Act.
‘‘(3) URBAN INDIAN ORGANIZATION.—The term ‘urban Indian organization’ has the meaning given such term in section 4 of the Indian Health Care Improvement Act.’’.

(b) GAO STUDY AND REPORT.—Not later than 1 year after the date of submission of the report under subsection (h) of section 399V of the Public Health Service Act (42 U.S.C.
280g–11), as amended by subsection (a), the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the program authorized under such section 399V, including a review of the efforts of the Secretary of Health and Human Services to coordinate such program with applicable programs of the Health Resources and Services Administration to ensure there is no unnecessary duplication of efforts among such programs, and identification of any areas of duplication.
SEC.

2223.

IMPROVING PUBLIC HEALTH EMERGENCY RESPONSE CAPACITY.

(a) CERTAIN APPOINTMENTS TO SUPPORT PUBLIC HEALTH EMER- GENCY RESPONSES.—Section 319 of the Public Health Service Act (42 U.S.C.
247d) is amended by adding at the end the following: ‘‘(g) CERTAIN APPOINTMENTS TO SUPPORT PUBLIC HEALTH EMER- GENCY RESPONSES.— ‘‘(1) IN GENERAL.—In order to support the initial response to a public health emergency declared by the Secretary under this section, the Secretary may, subject to paragraph (2) and without regard to sections 3309 through 3318 of title 5, United States Code, appoint individuals directly to positions in the H. R. 2617—1290 Department of Health and Human Services for which the Sec- retary has provided public notice in order to— ‘‘(A) address a critical hiring need directly related to responding to a public health emergency declared by the Secretary under this section; or ‘‘(B) address a severe shortage of candidates that impacts the operational capacity of the Department of Health and Human Services to respond in the event of a public health emergency declared by the Secretary under this section.
‘‘(2) NUMBER OF APPOINTMENTS.—Each fiscal year in which the Secretary makes a determination of a public health emer- gency under subsection (a) (not including a renewal), the Sec- retary may directly appoint not more than— ‘‘(A) 400 individuals under paragraph (1)(A); and ‘‘(B) 100 individuals under paragraph (1)(B).
‘‘(3) COMPENSATION.—The annual rate of basic pay of an individual appointed under this subsection shall be determined in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code.
‘‘(4) REPORTING.—The Secretary shall establish and main- tain records regarding the use of the authority under this subsection, including— ‘‘(A) the number of positions filled through such authority; ‘‘(B) the types of appointments of such positions; ‘‘(C) the titles, occupational series, and grades of such positions; ‘‘(D) the number of positions publicly noticed to be filled under such authority; ‘‘(E) the number of qualified applicants who apply for such positions; information of ‘‘(F) the qualification criteria for such positions; and individuals ‘‘(G) the demographic appointed to such positions.
‘‘(5) NOTIFICATION TO CONGRESS.—In the event the Sec- retary, within a single fiscal year, directly appoints more than 50 percent of the individuals allowable under either subpara- graph (A) or (B) of paragraph (2), the Secretary shall, not later than 15 days after the date of such action, notify the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.
Such notification shall, in a manner that protects personal privacy, to the extent required by applicable Federal and State privacy law, at a minimum, include— ‘‘(A) information on each such appointment within such fiscal year; ‘‘(B) a description of how each such position relates to the requirements of subparagraph (A) or (B) of paragraph (1); and ‘‘(C) the additional number of personnel, if any, the Secretary anticipates to be necessary to adequately support a response to a public health emergency declared under this section using the authorities described in paragraph (1) within such fiscal year.
H. R. 2617—1291 ‘‘(6) REPORTS TO CONGRESS.—Not later than September 30, 2023, and annually thereafter for each fiscal year in which the authority under this subsection is used, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the total number of appointments filled under this subsection within the fiscal year and a description of how the positions relate to the requirements of subparagraph (A) or (B) of para- graph (1).
‘‘(7) SUNSET.—The authority under this subsection shall expire on September 30, 2028.’’.

(b) GAO REPORT.—Not later than 1 year after the issuance of the initial report under subsection (g)(6) of section 319 of the Public Health Service Act (42 U.S.C.
247d), as added by subsection (a), and again 180 days after the date on which the authority provided under section 319(g) of such Act expires pursuant to para- graph (7) of such section, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the use of the authority provided under such section.
Such report shall, in a manner that protects personal privacy, at a minimum, include information on— (1) the number of positions publicly noticed and filled under the authority of each of subparagraphs (A) and (B) of such section 319(g)(1); (2) the occupational series, grades, and types of appoint- ments of such positions; (3) how such positions related to addressing a need or shortage described in subparagraph (A) or (B) of such section; (4) how the Secretary of Health and Human Services made appointment decisions under each of subparagraphs (A) and (B) of such section; (5) sources used to identify candidates for filling such posi- tions; (6) the number of individuals appointed under each such subparagraph; (7) aggregated demographic information related to individ- uals appointed under each such subparagraph; and (8) any challenges, limitations, or gaps related to the use of the authority under each such subparagraph and any related recommendations to address such challenges, limitations, or gaps.
SEC.

2224.

INCREASING EDUCATIONAL OPPORTUNITIES FOR ALLIED HEALTH PROFESSIONS.

Section 755(b) of the Public Health Service Act (42 U.S.C.
294e(b)) is amended by adding at the end the following: ‘‘(4) Increasing educational opportunities in physical therapy, occupational therapy, respiratory therapy, audiology, and speech-language pathology professions, which may include offering scholarships or stipends and carrying out other activi- ties to improve retention, for individuals from disadvantaged backgrounds or individuals who are underrepresented in such professions.’’.

H. R. 2617—1292 SEC.

2225.


PUBLIC HEALTH SERVICE CORPS ANNUAL AND SICK LEAVE.

(a) IN GENERAL.—Section 219 of the Public Health Service Act (42 U.S.C.
210–1) is amended— (1) in subsection (a)— (A) by striking ‘‘Reserve Corps’’ and inserting ‘‘Ready Reserve Corps’’; and (B) by striking ‘‘: Provided, That such regulations shall not authorize annual leave to be accumulated in excess of sixty days’’; (2) by inserting after subsection (a) the following: ‘‘(b) The regulations described in subsection (a) may authorize accumulated annual leave of not more than 120 days for any commissioned officer of the Regular Corps or officer of the Ready Reserve Corps on active duty.’’; and (3) by redesignating subsection (d) as subsection (c).
(b) APPLICATION.—The amendments made by subsection (a) shall apply with respect to accumulated annual leave (as defined in section 219 of the Public Health Service Act (42 U.S.C.

210– 1)) that a commissioned officer of the Regular Corps or officer of the Ready Reserve Corps on active duty would, but for the regulations described in such section, lose at the end of fiscal year 2022 or a subsequent fiscal year.

SEC.

2226.
SEC.

2226.

LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE POSITIONS AT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.

Title XXVIII of the Public Health Service Act (42 U.S.C.

300hh et seq.

), as amended by section 2214, is further amended by adding at the end the following: ‘‘SEC.

2826.

LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE POSITIONS AT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
‘‘(a) IN GENERAL.—The Secretary may, not later than 1 year after the date of enactment of the PREVENT Pandemics Act, estab- lish a voluntary program to provide additional training to individ- uals in eligible positions, as described in subsection (c), to support the continuous professional development of such individuals.
‘‘(b) CRITERIA.— ‘‘(1) DURATION.—The program under subsection (a) shall provide for fellowships, details, or other relevant placements with Federal agencies or departments, or State or local health departments, pursuant to the guidance issued under paragraph (2), for a maximum period of 2 years.
‘‘(2) GUIDANCE.—The Secretary shall issue guidance estab- lishing criteria for identifying placements that demonstrate ongoing sufficient mastery of knowledge, skills, and abilities to satisfy the field experience criteria under the program estab- lished under subsection (a), including assignments and experi- ences that develop public health and medical preparedness and response expertise.
‘‘(c) ELIGIBLE POSITION.—For purposes of subsection (a), the term ‘eligible position’ means any position at the Department of Health and Human Services at or above grade GS–13 of the General Schedule, or the equivalent, for which not less than 50 percent of the time of such position is spent on activities related to public health preparedness or response.

H. R. 2617—1293 ‘‘(d) PILOT PERIOD AND FINAL REPORT.—The pilot program authorized under this section shall not exceed 5 years.
Not later than 90 days after the end of the program, the Secretary shall issue a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Com- merce of the House of Representatives that includes— ‘‘(1) the number of individuals who participated in such pilot, as applicable; ‘‘(2) a description of the professional growth experience in which individuals participated; and ‘‘(3) an assessment of the outcomes of such program, including a recommendation on whether such program should be continued.’’.
SEC.

2227.

CONTINUING EDUCATIONAL SUPPORT FOR HEALTH PROFESSIONALS SERVING IN RURAL AND UNDERSERVED COMMUNITIES.

Section 752 of the Public Health Service Act (42 U.S.C.
294b) is amended— (1) in the section heading, by inserting ‘‘RURAL AND’’ after ‘‘SERVING IN’’; (2) in subsection (a)— (A) by striking ‘‘shall make grants to, and enter into contracts with, eligible entities’’ and inserting ‘‘, as appro- priate, shall make grants to, and enter into contracts with, eligible entities to support access to accredited continuing medical education for primary care physicians and health care providers at community health centers or rural health clinics to improve and increase access to care for patients in rural and medically underserved areas.
Such grants or contracts may be used’’; (B) by striking ‘‘faculty members’’ and inserting ‘‘health care providers’’; and (C) by inserting ‘‘increase primary care physician and health care provider knowledge,’’ after ‘‘practice environ- ment,’’; (3) in subsection (b), by inserting ‘‘, such as a community health center or rural health clinic’’ before the period; (4) in subsection (c), by striking ‘‘by require.’’ and inserting the following: ‘‘may require, including— ‘‘(1) a description of how participation in activities funded under this section will help improve access to, and quality of, health care services and training needs of primary care physicians and health care providers; and ‘‘(2) a plan for providing peer-to-peer training, as appro- priate.’’; (5) by amending subsection (d) to read as follows: ‘‘(d) USE OF FUNDS.— ‘‘(1) IN GENERAL.—An eligible entity shall use amounts awarded under a grant or contract under this section to provide innovative supportive activities to enhance education for pri- mary care physicians and health care providers described in subsection (a) through distance learning, continuing educational activities, collaborative conferences, and electronic and tele- learning activities, with priority for primary care providers who are seeking additional education in specialty fields such as infectious disease, endocrinology, pediatrics, mental health H. R. 2617—1294 and substance use disorders, pain management, geriatrics, and other areas, as appropriate, in order to— ‘‘(A) improve retention of primary care physicians and health care providers and increase access to specialty health care services for patients; and ‘‘(B) support access to the integration of specialty care through existing service delivery locations and care across settings.
‘‘(2) CLARIFICATION.—Entities may use amounts awarded under a grant or contract under this section for continuing educational activities that include a clinical training component, including in-person patient care, in the respective community health center or rural health clinic, with the primary care physician or health care provider at such site and the clinical specialist from whom such additional training is being pro- vided.’’; (6) by redesignating subsection (e) as subsection (g); (7) by inserting after subsection (d) the following: ‘‘(e) ADMINISTRATIVE EXPENSES.—An entity that revives a grant or contract under this section shall use not more than 5 percent of the amounts received under the grant or contract under this section for administrative expenses.
‘‘(f) NON-DUPLICATION OF EFFORT.—The Secretary shall ensure that activities under this section do not unnecessarily duplicate efforts of other programs overseen by the Health Resources and Services Administration, including activities described in section 330N.’’; and (8) in subsection (g), as so redesignated, by striking ‘‘the fiscal years 2010 through 2014, and such sums as may be necessary for each subsequent fiscal year’’ and inserting ‘‘fiscal years 2023 through 2025’’.
CHAPTER 4—ENHANCING PUBLIC HEALTH PREPAREDNESS AND RESPONSE SEC.

2231.

CENTERS FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE.

(a) IN GENERAL.—Section 319F of the Public Health Service Act (42 U.S.C.
247d–6) is amended— (1) by striking subsection (d) and inserting the following: FOR PUBLIC HEALTH PREPAREDNESS AND ‘‘(d) CENTERS RESPONSE.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants, contracts, or cooperative agreements to institutions of higher education, including accredited schools of public health, or other nonprofit private entities to establish or maintain a network of Centers for Public Health Prepared- ness and Response (referred to in this subsection as ‘Centers’).
‘‘(2) ELIGIBILITY.—To be eligible to receive an award under this subsection, an entity shall submit to the Secretary an application containing such information as the Secretary may require, including a description of how the entity will— ‘‘(A) coordinate relevant activities with applicable State, local, and Tribal health departments and officials, health care facilities, and health care coalitions to improve public health preparedness and response, as informed by H. R. 2617—1295 the public health preparedness and response needs of the community, or communities, involved; ‘‘(B) prioritize efforts to implement evidence-informed or evidence-based practices to improve public health preparedness and response, including by helping to reduce the transmission of emerging infectious diseases; and ‘‘(C) use funds awarded under this subsection, including by carrying out any activities described in para- graph (3).
‘‘(3) USE OF FUNDS.—The Centers established or maintained under this subsection shall use funds awarded under this sub- section to carry out activities to advance public health prepared- ness and response capabilities, which may include— ‘‘(A) identifying, translating, and disseminating prom- ising research findings or strategies into evidence-informed or evidence-based practices to inform preparedness for, and responses to, chemical, biological, radiological, or nuclear threats, including emerging infectious diseases, and other public health emergencies, which may include conducting research related to public health preparedness and response systems; ‘‘(B) improving awareness of such evidence-informed or evidence-based practices and other relevant scientific or public health information among health care profes- sionals, public health professionals, other stakeholders, and the public, including through the development, evaluation, and dissemination of trainings and training materials, con- sistent with section 2802(b)(2), as applicable and appro- priate, and with consideration given to existing training materials, to support preparedness for, and responses to, such threats; ‘‘(C) utilizing and expanding relevant technological and analytical capabilities to inform public health and medical preparedness and response efforts; ‘‘(D) expanding activities, including through public-pri- vate partnerships, related to public health preparedness and response, including participation in drills and exercises and training public health experts, as appropriate; and ‘‘(E) providing technical assistance and expertise that relies on evidence-based practices, as applicable, related to responses to public health emergencies, as appropriate, to State, local, and Tribal health departments and other entities pursuant to paragraph (2)(A).
‘‘(4) DISTRIBUTION OF AWARDS.—In awarding grants, con- tracts, or cooperative agreements under this subsection, the Secretary shall support not fewer than 10 Centers, subject to the availability of appropriations, and ensure that such awards are equitably distributed among the geographical regions of the United States.’’; and (2) in subsection (f)(1)(C), by striking ‘‘, of which $5,000,000 shall be used to carry out paragraphs (3) through (5) of such subsection’’.
(b) REPEAL.—Section 319G of the Public Health Service Act (42 U.S.C.

247d–7) is repealed.

H. R. 2617—1296 SEC.

2232.

VACCINE DISTRIBUTION PLANS.

Section 319A of the Public Health Service Act (42 U.S.C.
247d– 1) is amended— (1) in subsection (a)— (A) by inserting ‘‘, or other federally purchased vaccine to address another pandemic’’ before the period at the end of the first sentence; and (B) by inserting ‘‘or other pandemic’’ before the period at the end of the second sentence; and (2) in subsection (d), by inserting ‘‘or other pandemics’’ after ‘‘influenza pandemics’’.

SEC.

2233.

COORDINATION AND COLLABORATION REGARDING BLOOD SUPPLY.
The Secretary of Health and Human Services, or the Secretary’s designee, shall— (1) ensure coordination and collaboration between relevant Federal departments and agencies related to the safety and availability of the blood supply, including— (A) the Department of Health and Human Services, including the Office of the Assistant Secretary for Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Office of the Assistant Sec- retary for Preparedness and Response, the National Institutes of Health, the Centers for Medicare & Medicaid Services, and the Health Resources and Services Adminis- tration; (B) the Department of Defense; and (C) the Department of Veterans Affairs; and (2) consult and communicate with private stakeholders, including blood collection establishments, health care providers, accreditation patients, regarding issues related to the safety and availability of the blood supply.
organizations, researchers, and SEC.

2234.

SUPPORTING LABORATORY CAPACITY AND INTERNATIONAL COLLABORATION TO ADDRESS ANTIMICROBIAL RESIST- ANCE.

Section 319E of the Public Health Service Act (42 U.S.C.
247d– 5) is amended— (1) by redesignating subsections (k), (l), and (m) as sub- sections (m), (n), and (o), respectively; and (2) by inserting after subsection (j), the following: ‘‘(k) NETWORK OF ANTIBIOTIC RESISTANCE REGIONAL LABORA- TORIES.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, as appropriate, maintain a network of antibiotic resist- ance laboratory sites to ensure the maintenance of appropriate capabilities, within existing laboratory capacity maintained or supported by the Centers for Disease Control and Prevention, to— ‘‘(A) identify and monitor the emergence and changes in the patterns of antimicrobial-resistant pathogens; ‘‘(B) detect, identify, confirm, and isolate such resistant pathogens, including, as appropriate, performing such H. R. 2617—1297 activities upon the request of another laboratory and pro- viding related technical assistance, and, as applicable, sup- port efforts to respond to local or regional outbreaks of such resistant pathogens; and ‘‘(C) perform activities to support the diagnosis of such resistant pathogens and determine the susceptibility of relevant pathogen samples to applicable treatments.
‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Secretary shall ensure that such capacity and capabilities are appropriately distributed among the geographical regions of the United States.

‘‘(3) PARTNERSHIPS AND NONDUPLICATION OF CURRENT DOMESTIC CAPACITY.—Activities supported under this sub- section may be based in an academic center, a State health department, or other facility operated by a public or private entity that carries out relevant laboratory or public health surveillance activities.
‘‘(l) INTERNATIONAL COLLABORATION.— ‘‘(1) IN GENERAL.—The Secretary, in coordination with heads of other relevant Federal departments and agencies, shall support activities related to addressing antimicrobial resistance internationally, including by— ‘‘(A) supporting basic, translational, epidemiological, and clinical research related to antimicrobial-resistant pathogens, including such pathogens that have not yet been detected in the United States, and improving related public health surveillance systems, and laboratory and other response capacity; and ‘‘(B) providing technical assistance related to anti- microbial resistant infection and control activities.
‘‘(2) AWARDS.—In carrying out paragraph (1), the Secretary may award grants, contracts, or cooperative agreements to including nongovernmental public and private entities, organizations, with applicable expertise, for purposes of sup- porting new and innovative approaches to the prevention, detec- tion, and mitigation of antimicrobial-resistant pathogens.’’.

SEC.

2235.

ONE HEALTH FRAMEWORK.


(a) ONE HEALTH FRAMEWORK.—The Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’), acting through the Director of the Centers for Disease Control and Prevention, shall develop, or update as appropriate, in coordina- tion with other Federal departments and agencies, as appropriate, a One Health framework to address zoonotic diseases and advance public health preparedness.
(b) ONE HEALTH COORDINATION.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall coordinate with the Secretary of Agriculture and the Secretary of the Interior to develop a One Health coordination mechanism at the Federal level to strengthen One Health collaboration related to prevention, detection, control, and response for zoonotic diseases and related One Health work across the Federal Government.
(c) REPORTING.—Not later than 1 year after the date of enact- ment of this Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the H. R. 2617—1298 Committee on Energy and Commerce of the House of Representa- tives a report providing an update on the activities under sub- sections (a) and (b).

SEC.

2236.

SUPPORTING CHILDREN DURING PUBLIC HEALTH EMER- GENCIES.

Section 2811A of the Public Health Service Act (42 U.S.C.
300hh–10b) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) by striking ‘‘and behavioral’’ and inserting ‘‘, behavioral, developmental’’; and (ii) by striking ‘‘; and’’ and inserting a semicolon; (B) in paragraph (3), by striking the period and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(4) provide advice and consultation with respect to con- tinuity of care and education for all children and supporting parents and caregivers during all-hazards emergencies.’’; (2) in subsection (d)(2)— (A) in subparagraph (C), by striking ‘‘care; and’’ and inserting ‘‘care;’’; (B) by redesignating subparagraph (D) as subpara- graph (E); (C) by inserting after subparagraph (C) the following: ‘‘(D) at least 4 non-Federal members representing child care settings, State or local educational agencies, individ- uals with expertise in children with disabilities, and par- ents; and’’; and (D) in subparagraph (E), as so redesignated— (i) by striking clause (ii); and (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively.
Subtitle C—Accelerating Research and Countermeasure Discovery CHAPTER 1—FOSTERING RESEARCH AND DEVELOPMENT AND IMPROVING COORDINATION SEC.

2301.

RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC CON- CERN.

Subpart 6 of part C of title IV of the Public Health Service Act is amended by inserting after section 447C (42 U.S.C.

285f– 4) the following: ‘‘SEC.

447D.

RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC CON- CERN.
‘‘(a) IN GENERAL.—The Director of the Institute, in collabora- tion, as appropriate, with the directors of applicable institutes, centers, and divisions of the National Institutes of Health, the Assistant Secretary for Preparedness and Response, and the Director of the Biomedical Advanced Research and Development Authority, shall establish or continue a multidisciplinary research program to advance the discovery and preclinical development of H. R. 2617—1299 medical products for priority virus families and other viral patho- gens with a significant potential to cause a pandemic, through support for research centers.
‘‘(b) USES OF FUNDS.—The Director of the Institute shall award funding through grants, contracts, or cooperative agreements to public or private entities to provide support for research centers described in subsection (a) for the purpose of— ‘‘(1) conducting basic research through preclinical develop- ment of new medical products or technologies, including plat- form technologies, to address pathogens of pandemic concern; ‘‘(2) identifying potential targets for therapeutic candidates, including antivirals, to treat such pathogens; ‘‘(3) identifying existing medical products with the potential to address such pathogens, including candidates that could be used in outpatient settings; and ‘‘(4) carrying out or supporting other research related to medical products to address such pathogens, as determined appropriate by the Director.
‘‘(c) COORDINATION.—The Director of the Institute shall, as appropriate, provide for the coordination of activities among the centers described in subsection (a), including through— ‘‘(1) facilitating the exchange of information and regular communication among the centers, as appropriate; and ‘‘(2) requiring the periodic preparation and submission to the Director of reports on the activities of each center.
‘‘(d) PRIORITY.—In awarding funding through grants, contracts, or cooperative agreements under subsection (a), the Director of the Institute shall, as appropriate, give priority to applicants with existing frameworks and partnerships, as applicable, to support the advancement of such research.
‘‘(e) COLLABORATION.—The Director of the Institute shall— ‘‘(1) collaborate with the heads of other appropriate Federal departments, agencies, and offices with respect to the identifica- tion of additional priority virus families and other viral patho- gens with a significant potential to cause a pandemic; and ‘‘(2) collaborate with the Director of the Biomedical Advanced Research and Development Authority with respect to the research conducted by centers described in subsection (a), including, as appropriate, providing any updates on the research advancements made by such centers, identifying any advanced research and development needs for such counter- measures, consistent with section 319L(a)(6), and taking into consideration existing manufacturing capacity and future capacity needs for such medical products or technologies, including platform technologies, supported by the centers described in subsection (a).
‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Any support received by a center described in subsection (a) under this section shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported.’’.

SEC.

2302.

IMPROVING MEDICAL COUNTERMEASURE RESEARCH COORDINATION.

Section 402(b) in the Public Health Service Act (42 U.S.C.
282(b)) is amended— (1) in paragraph (24), by striking ‘‘and’’ at the end; H. R. 2617—1300 (2) in paragraph (25), by striking the period and inserting a semicolon; and (3) by inserting after paragraph (25) the following: ‘‘(26) shall consult with the Assistant Secretary for Preparedness and Response, the Director of the Biomedical Advanced Research and Development Authority, the Director of the Centers for Disease Control and Prevention, and the heads of other Federal agencies and offices, as appropriate, regarding research needs to advance medical countermeasures to diagnose, mitigate, prevent, or treat harm from any biological agent or toxin, including emerging infectious diseases, chemical, radiological, or nuclear agent that may cause a public health emergency or other research needs related to emerging public health threats;’’.
SEC.

2303.

ACCESSING SPECIMEN SAMPLES AND DIAGNOSTIC TESTS.
(a) IMPROVING RESEARCH AND DEVELOPMENT OF MEDICAL COUNTERMEASURES FOR NOVEL PATHOGENS.— (1) SAMPLE ACCESS.—Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the ‘‘Secretary’’) shall make publicly available policies and procedures related to public and private entities accessing specimens of, or specimens containing, pathogens or suitable surrogates for, or alternatives to, such pathogens as the Secretary determines appropriate to support public health preparedness and response activities or biomedical research for purposes of the development and validation, as applicable, of medical products to address emerging infectious diseases and for use to otherwise respond to emerging infectious diseases.
Such policies and procedures shall take into account, as appropriate, any applicable existing Federal resources.
(2) GUIDANCE.—The Secretary shall issue guidance regarding the procedures for carrying out paragraph (1), including— (A) the method for requesting such samples; (B) considerations for sample availability and use of suitable surrogates or alternatives to such pathogens, as appropriate, including applicable safeguard and security measures; and (C) information required to be provided in order to receive such samples or suitable surrogates or alternatives.
(b) EARLIER DEVELOPMENT OF DIAGNOSTIC TESTS.—Title III of the Public Health Service Act is amended by inserting after section 319A (42 U.S.C.

247d–1) the following: ‘‘SEC.

319B.

EARLIER DEVELOPMENT OF DIAGNOSTIC TESTS.
‘‘The Secretary may contract with public and private entities, as appropriate, to increase capacity in the rapid development, validation, manufacture, and dissemination of diagnostic tests, as appropriate, to State, local, and Tribal health departments and other appropriate entities for immediate public health response activities to address an emerging infectious disease with respect to which a public health emergency is declared under section 319, or that has significant potential to cause such a public health emergency.’’.
H. R. 2617—1301 SEC.

2304.

NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE STUDY ON NATURAL IMMUNITY IN RELATION TO THE COVID–19 PANDEMIC.
(a) IN GENERAL.—Not later than 45 days after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into a contract with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the ‘‘National Academies’’) to conduct a study related to the current scientific evidence on the durability of immunity to COVID– 19.
(b) INCLUSIONS.—The study pursuant to the contract under subsection (a) shall include— (1) an assessment of scientific evidence related to the dura- bility of immunity resulting from SARS–CoV–2 infection, COVID–19 vaccination, or both, including any differences between population groups; (2) an assessment of the extent to which the Federal Government makes publicly available the scientific evidence used by relevant Federal departments and agencies to inform public health recommendations related to immunity resulting from SARS–CoV–2 infection and COVID–19 vaccination; and (3) a summary of scientific studies and evidence related to SARS–CoV–2 infection-acquired immunity from a sample of other countries or multilateral organizations.
(c) REPORT.—Not later than 18 months after the date of enact- ment of this Act, the National Academies shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the study pursuant to subsection (a).

CHAPTER 2—IMPROVING BIOSAFETY AND BIOSECURITY SEC.

2311.

IMPROVING CONTROL AND OVERSIGHT OF SELECT BIOLOGICAL AGENTS AND TOXINS.

Section 351A of the Public Health Service Act (42 U.S.C.
262a) is amended— (1) in subsection (b)(1), by amending subparagraph (A) to read as follows: ‘‘(A) proper training, including with respect to notifica- tion requirements under this section, of— ‘‘(i) individuals who are involved in the handling and use of such agents and toxins, including appro- priate skills to handle such agents and toxins; ‘‘(ii) individuals whose responsibilities routinely place them in close proximity to laboratory facilities in which such agents and toxins are being transferred, possessed, or used; and ‘‘(iii) individuals who perform administrative or oversight functions of the facility related to the transfer, possession, or use of such agents and toxins on behalf of registered persons;’’; (2) in subsection (e)(1), by striking ‘‘(including the risk of use in domestic or international terrorism)’’ and inserting ‘‘(including risks posed by the release, theft, or loss of such agent or toxin, or use in domestic or international terrorism)’’; (3) in subsection (k)— H. R. 2617—1302 (A) by redesignating paragraphs (1) and (2) as para- graphs (2) and (3), respectively; (B) by inserting before paragraph (2), as so redesig- nated, the following: ‘‘(1) NOTIFICATION WITH RESPECT TO FEDERAL FACILITIES.— In the event of the release, loss, or theft of an agent or toxin listed by the Secretary pursuant to subsection (a)(1), or by the Secretary of Agriculture pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002, from or within a laboratory facility owned or operated by
 the Depart- ment of Health and Human Services, or other Federal labora- tory facility subject to the requirements of this section, the Secretary, in a manner that does not compromise national security, shall— ‘‘(A) not later than 72 hours after such event is reported to the Secretary, notify the Committee on Health, Edu- cation, Labor, and Pensions of the Senate and the Com- mittee on Energy and Commerce of the House of Represent- atives of such event, including— ‘‘(i) the Federal laboratory facility in which
 such release, loss, or theft occurred; and ‘‘(ii) the circumstances of such release, loss, or theft; and ‘‘(B) not later than 14 days after such notification, update such Committees on— ‘‘(i) any actions taken or planned by the Secretary to mitigate any potential threat such release, loss, or theft may pose to public health and safety; and ‘‘(ii) any actions taken or planned by the Secretary to review the circumstances of such release, loss, or theft, and prevent similar events.’’; and (C) by amending paragraph (2), as so redesignated, to read as follows: ‘‘(2) ANNUAL REPORT.—The Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on an annual basis a report— ‘‘(A) summarizing the number and nature of notifica- tions received under subsection (e)(8) (relating to theft or loss) and subsection (j) (relating to releases), during the preceding fiscal year; ‘‘(B) describing actions taken by the Secretary to address such incidents, such as any corrective action plans required and steps taken to promote adherence to, and compliance with, safety and security best practices, stand- ards, and regulations; and ‘‘(C) describing any gaps, challenges, or limitations with respect to ensuring that such safety and security practices are consistently applied and adhered to, and actions taken to address such gaps, challenges, or limita- tions.’’; and (4) in subsection (m), by striking ‘‘fiscal years 2002 through 2007’’ and inserting ‘‘fiscal years 2023 through 2027’’.
H. R. 2617—1303 SEC.

2312.

STRATEGY FOR FEDERAL HIGH-CONTAINMENT LABORA- TORIES.
(a) STRATEGY FOR FEDERAL HIGH-CONTAINMENT LABORA- TORIES.—Not later than 1 year after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, in consultation with relevant Federal departments and agencies, shall establish a strategy for the management, maintenance, and oversight of federally-owned laboratory facilities operating at Bio- safety Level 3 or 4, including equivalent classification levels and facilities with Biosafety Level 4 capabilities.
Such strategy shall include— (1) a description of the roles and responsibilities of relevant Federal departments and agencies with respect to the manage- ment, maintenance, and oversight of Biosafety Level 3 or 4 laboratory facilities; (2) an assessment of the needs of the Federal Government with respect to Biosafety Level 3 or 4 laboratory facilities; (3) a summary of existing federally-owned Biosafety Level 3 or 4 laboratory facility capacity; (4) a summary of other Biosafety Level 3 or 4 laboratory facility capacity established through Federal funds; (5) a description of how the capacity described in para- graphs (3) and (4) addresses the needs of the Federal Govern- ment, including— (A) how relevant Federal departments and agencies coordinate to provide access to appropriate laboratory facili- ties to reduce unnecessary duplication; and (B) any gaps in such capacity related to such needs; (6) a summary of plans that are in place for the mainte- nance 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 emer- gency; and (7) a description of how the heads of relevant Federal departments and agencies will coordinate to ensure appropriate oversight of federally-owned laboratory facility capacity and leverage such capacity within each relevant Federal depart- ment, as appropriate, to fulfill the needs of each Federal depart- ment and agency in order to reduce unnecessary duplication and improve collaboration within the Federal Government.
(b) CLARIFICATION.—The strategy under subsection (a) shall not be construed to supersede the authorities of each relevant Federal department or agency with respect to the management, maintenance, and oversight of the Federally-owned laboratory facili- ties operated by any such Federal department or agency.

SEC.

2313.

NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.

(a) IN GENERAL.—Part A of title IV of the Public Health Service Act (42 U.S.C.

281 et seq.)
281 et seq.)

is amended by adding at the end the following: ‘‘SEC.

404O.

NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.

‘‘(a) ESTABLISHMENT.—The Secretary, acting through the Director of NIH, shall establish an advisory committee, to be known H. R. 2617—1304 as the ‘National Science Advisory Board for Biosecurity’ (referred to in this section as the ‘Board’).
‘‘(b) DUTIES.— ‘‘(1) IN GENERAL.—The National Science Advisory Board for Biosecurity referred to in section 205 of the Pandemic and All-Hazards Preparedness Act (Public Law 109–417) (referred to in this section as the ‘Board’) shall provide technical advice, guidance, or recommendations, to relevant Federal departments and agencies related to biosafety and biosecurity oversight of biomedical research, including— ‘‘(A) oversight of federally-conducted or federally-sup- ported dual use biomedical research, such as the review of policies or frameworks used to assess and appropriately manage safety and security risks associated with such research, taking into consideration national security con- cerns, the potential benefits of such research, consider- ations related to the research community, transparency, and public availability of information, and international research collaboration; and ‘‘(B) continuing to carry out the activities required under section 205 of the Pandemic and All-Hazards Preparedness Act (Public Law 109–417).
‘‘(c) CONSIDERATIONS.—In carrying out the duties under sub- section (b), the Board may consider strategies to improve the safety and security of biomedical research, including through— ‘‘(1) leveraging or using new technologies and scientific advancements to reduce safety and security risks associated with such research and improve containment of pathogens; and ‘‘(2) outreach to, and education and training of, researchers, laboratory personnel, and other appropriate individuals with respect to safety and security risks associated with such research and mitigation of such risks.
‘‘(d) MEMBERSHIP.—The Board shall be composed of the fol- lowing: ‘‘(1) Non-voting, ex officio members, including the following: ‘‘(A) At least one representative of each of the following: ‘‘(i) The Department of Health and Human Serv- ices.

‘‘(ii) The Department of Defense.

‘‘(iii) The Department of Agriculture.

‘‘(iv) The Department of Homeland Security.

‘‘(v) The Department of Energy.

‘‘(vi) The Department of State.

‘‘(vii) The Office of Science and Technology Policy.
‘‘(viii) The Office of the Director of National Intel- ligence.

‘‘(B) Representatives of such other Federal departments or agencies as the Secretary determines appropriate to carry out the requirements of this section.

‘‘(2) Individuals, appointed by the Secretary, with expertise in biology, infectious diseases, public health, ethics, national security, and other fields, as the Secretary determines appro- priate, who shall serve as voting members.’’.
(b) ORDERLY TRANSITION.—The Secretary of Health and Human Services shall take such steps as are necessary to provide for the orderly transition to the authority of the National Science H. R. 2617—1305 Advisory Board for Biosecurity established under section 404O of the Public Health Service Act, as added by subsection (a), from any authority of the Board described in section 205 of the Pandemic and All-Hazards Preparedness Act (Public Law 109–417), as in effect on the day before the date of enactment of this Act.
(c) APPLICATION.—The requirements under section 404O of the Public Health Service Act, as added by subsection (a), related to the mission, activities, or functions of the National Science Advisory Board for Biosecurity shall not apply until the completion of any work undertaken by such Board before the date of enactment of this Act.

SEC.

2314.

RESEARCH TO IMPROVE BIOSAFETY.


(a) IN GENERAL.—The Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’) shall, as appropriate, conduct or support research to improve the safe conduct of bio- medical research activities involving pathogens of pandemic poten- tial or biological agents or toxins listed pursuant to section 351A(a)(1) of the Public Health Service Act (42 U.S.C.

262a(a)(1)).
(b) REPORT.—Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding an overview of any research conducted or supported under this section, any relevant findings, and steps the Secretary is taking to disseminate any such findings to support the reduction of risks associated with biomedical research involving pathogens of pandemic potential or biological agents or toxins listed pursuant to section 351A(a)(1) of the Public Health Service Act (42 U.S.C.
262a(a)(1)).

SEC.

2315.

FEDERALLY-FUNDED RESEARCH WITH ENHANCED PATHO- GENS OF PANDEMIC POTENTIAL.
(a) REVIEW AND OVERSIGHT OF ENHANCED PATHOGENS OF PAN- DEMIC POTENTIAL.— (1) IN GENERAL.—The Director of the Office of Science and Technology Policy (referred to in this section as the ‘‘Director’’), in consultation with the heads of relevant Federal departments and agencies, shall— (A) not later than 1 year after the date of enactment of this Act— (i) continue or conduct a review of existing Federal policies related to research proposed for Federal funding that may be reasonably anticipated to involve the creation, transfer, or use of enhanced pathogens of pandemic potential; and (ii) establish or update a Federal policy for the consistent review and oversight of such proposed research that appropriately considers the risks associ- ated with, and potential benefits of, such research; and (B) not less than every 4 years thereafter, review and update such policy, as necessary and appropriate, to ensure that such policy fully accounts for relevant research that may be reasonably anticipated to involve the creation, transfer, or use of enhanced pathogens of pandemic poten- tial, takes into consideration the benefits of such research, and supports the mitigation of related risks.
H. R. 2617—1306 (2) REQUIREMENTS.—The policy established pursuant to paragraph (1) shall include— (A) a clear scope to support the consistent identification of research proposals subject to such policy by relevant Federal departments and agencies; (B) a framework for such reviews that accounts for safety, security, and ethical considerations related to the creation, transfer, or use of enhanced pathogens of pan- demic potential; (C) measures to enhance the transparency and public availability of information related to such research activi- ties in a manner that does not compromise national secu- rity, the safety and security of such research activities, or any identifiable, sensitive information of relevant individuals; and (D) consistent procedures across relevant Federal department and agencies to ensure that— (i) proposed research that has been determined to have scientific and technical merit and may be sub- ject to such policy is identified and referred for review; (ii) subjected research activities conducted under an award, including activities undertaken by any sub- recipients of such award, are monitored regularly throughout the project period to ensure compliance with such policy and the terms and conditions of such award; and (iii) in the event that federally-funded research activities not subject to such policy produce unantici- pated results related to the creation, transfer, or use of enhanced pathogens of pandemic potential, such research activities are identified and appropriately reviewed under such policy.
(3) CLARIFICATION.—Reviews required pursuant to this sec- tion shall be in addition to any applicable requirements for research project applications required under the Public Health Service Act, including reviews required under section 492 of such Act (42 U.S.C.

289a), as applicable, or other applicable laws.


(b) IMPLEMENTATION.— (1) IN GENERAL.—The Director shall direct all heads of relevant Federal departments and agencies to update, mod- ernize, or promulgate applicable implementing guidance to implement the requirements of this section.
(2) UPDATES.—Consistent with the requirements under sub- section (a)(1)(B), the Director shall require all heads of relevant Federal departments and agencies to update such policies con- sistent with any changes to the policy established pursuant to subsection (a)(1).
(c) LIMITATIONS ON COUNTRIES OF CONCERN CONDUCTING CER- TAIN RESEARCH.— (1) IN GENERAL.—Beginning not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall not fund research conducted by a foreign entity at a facility located in a country of concern, in the estimation of the Director of National Intelligence or the head of another relevant Federal department or agency, as appropriate, in consultation with the Secretary of Health H. R. 2617—1307 and Human Services, involving pathogens of pandemic potential or biological agents or toxins listed pursuant to section 351A(a)(1) of the Public Health Service Act (42 U.S.C.
262a(a)(1)).

(2) CONDITIONS FOR LIFTING OR SUSPENDING PROHIBITION.— The Secretary of Health and Human Services may lift or sus- pend the prohibition of funding under paragraph (1)— (A) only after the review required under subsection (a)(1)(A)(i) is complete; and (B) only if the Secretary notifies Congress not less than 15 days before such prohibition is lifted or suspended.

CHAPTER 3—PREVENTING UNDUE FOREIGN INFLUENCE IN BIOMEDICAL RESEARCH SEC.

2321.

FOREIGN TALENT RECRUITMENT PROGRAMS.


(a) INTRAMURAL RESEARCH.— (1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this chapter as the ‘‘Secretary’’) shall prohibit personnel of the National Institutes of Health engaged in intramural research from participation in foreign talent recruitment programs.
in international conferences or other (2) EXEMPTION.—Paragraph (1) shall not apply to participa- tion international exchanges, partnerships, or programs, for which such participa- tion has been approved by the National Institutes of Health.

In such circumstances, the National Institutes of Health shall ensure appropriate training is provided to the participant on how to respond to overtures from individuals associated with foreign talent recruitment programs.
(b) EXTRAMURAL RESEARCH.—The Secretary shall require disclo- sure of participation in foreign talent recruitment programs, including the provision of copies of all grants, contracts, or other agreements related to such programs, and other supporting docu- mentation related to such programs, as a condition of receipt of Federal extramural biomedical research funding awarded through the Department of Health and Human Services.
(c) CONSISTENCY.—The Secretary shall ensure that the policies developed, updated, or issued pursuant to subsections (a) and (b) are, to the greatest extent practicable, consistent with the require- ments of subtitle D of title VI of division B of Public Law 117– 167 (42 U.S.C.

19231 et seq.)

related to foreign talent recruitment programs.

SEC.

2322.

SECURING IDENTIFIABLE, SENSITIVE INFORMATION AND ADDRESSING OTHER NATIONAL SECURITY RISKS RELATED TO RESEARCH.
(a) IN GENERAL.—The Secretary of Health and Human Services, in consultation with the Director of National Intelligence, the Sec- retary of State, the Secretary of Defense, and other national security experts, as appropriate, shall ensure that biomedical research con- ducted or supported by the National Institutes of Health and other relevant agencies and offices within the Department of Health and Human Services is conducted or supported in a manner that appropriately considers national security risks, including national security implications related to research involving the sequencing H. R. 2617—1308 of human genomic information, and collection, analysis, or storage of identifiable, sensitive information, as defined in section 301(d)(4) of the Public Health Service Act (42 U.S.C.
241(d)(4)), and the potential misuse of such data.
Not later than 2 years after the date of enactment of this Act, the Secretary shall ensure that the National Institutes of Health and other relevant agencies and offices within the Department of Health and Human Services, in consultation with the heads of agencies and national security experts, including the Office of the National Security within the Department of Health and Human Services— (1) develop a comprehensive framework and policies for assessing and managing such national security risks that includes, or review and update, as appropriate, the current (as of the date of review) such framework and policies to include— (A) criteria for how and when to conduct risk assess- ments for projects that may have national security implica- tions; (B) security controls and training for researchers or entities, including peer reviewers, that manage or have access to such data that may present national security risks; and (C) methods to incorporate risk mitigation in the process for funding such projects that may have national security implications and monitor associated research activities following issuance of an award, including changes in the terms and conditions related to the use of such funds, as appropriate; (2) not later than 1 year after the framework and policies are developed or reviewed and updated, as applicable, under paragraph (1), develop and implement controls to ensure that— (A) researchers or entities involved in projects reviewed under the framework and relevant policies, including such projects that manage or have access to sensitive, identifi- able information, have complied with the requirements of paragraph (1) and ongoing requirements with such para- graph; (B) consideration of funding for projects that may have national security implications takes into account the extent to which the country in which the proposed research will be conducted or supported poses a risk to the integrity of the United States biomedical research enterprise; and (C) data access committees reviewing data access requests for projects that may have national security risks, as appropriate, include members with expertise in current and emerging national security threats, in order to make appropriate decisions, including related to access to such identifiable, sensitive information; and (3) not later than 2 years after the framework and relevant policies are developed or reviewed and updated, as applicable, under paragraph (1), update data access and sharing policies related to human genomic data, as applicable, based on current and emerging national security threats.
(b) CONGRESSIONAL BRIEFING.—Not later than 1 year after the date of enactment of this Act, the Secretary shall provide a briefing to the Committee on Health, Education, Labor, and Pensions and the Select Committee on Intelligence of the Senate H. R. 2617—1309 and the Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Representatives on the activities required under subsection (a).

SEC.

2323.

DUTIES OF THE DIRECTOR.


Section 402(b) in the Public Health Service Act (42 U.S.C.
282(b)), as amended by section 2302, is further amended by inserting after paragraph (26) (as added by section 2302) the fol- lowing: ‘‘(27) shall consult with the Director of the Office of National Security within the Department of Health and Human Services, the Assistant Secretary for Preparedness and Response, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the heads of other appropriate agencies on a regular basis, regarding biomedical research conducted or supported by the National Institutes of Health that may affect or be affected by matters of national security; ‘‘(28) shall ensure that recipients of awards from the National Institutes of Health, and, as appropriate and prac- ticable, entities collaborating with such recipients, have in place and are adhering to appropriate technology practices and poli- cies for the security of identifiable, sensitive information, including information collected, stored, managed, or analyzed by domestic and non-domestic entities; and ‘‘(29) shall ensure that recipients of awards from the National Institutes of Health are in compliance with the terms and conditions of such award, which may include activities to support awareness of, and compliance with, such terms and conditions by any subrecipients of the award.’’.
SEC.

2324.

PROTECTING AMERICA’S BIOMEDICAL RESEARCH ENTER- PRISE.
(a) IN GENERAL.—The Secretary, in consultation with the Assistant to the President for National Security Affairs, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the heads of other relevant departments and agencies, and in consultation with research institutions and research advocacy organizations or other relevant experts, as appro- priate, shall— (1) identify ways to improve the protection of intellectual property and other proprietary information, as well as identifi- able, sensitive in biomedical information of participants research and development, from national security risks and other applicable threats, including the identification of gaps in policies and procedures in such areas related to biomedical research and development supported by the Department of Health and Human Services, and make recommendations to institutions of higher education or other entities that have traditionally received Federal funding for biomedical research to protect such information; (2) identify or develop strategies to prevent, mitigate, and address national security risks and threats in biomedical research and development supported by the Federal Govern- ment, including such threats associated with foreign talent programs, by countries seeking to exploit United States tech- nology and other proprietary information as it relates to such H. R. 2617—1310 biomedical research and development, and make recommenda- tions for additional policies and procedures to protect such information; (3) identify national security risks and potential misuse of proprietary information, and identifiable, sensitive informa- tion of biomedical research participants and other applicable risks, including with respect to peer review, and make rec- ommendations for additional policies and procedures to protect such information; (4) develop a framework to identify areas of biomedical research and development supported by the Federal Govern- ment that are emerging areas of interest for state actors and would compromise national security if they were to be subjected to undue foreign influence; and (5) regularly review recommendations or policies developed under this section and make additional recommendations or updates, as appropriate.
(b) REPORT TO PRESIDENT AND TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit, in a manner that does not compromise national security, to the President and the Committee on Health, Education, Labor, and Pensions and the Select Committee on Intelligence of the Senate, the Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Rep- resentatives, and other congressional committees as appropriate, a report on the findings and recommendations pursuant to sub- section (a).
SEC.

2325.

GAO STUDY.
(a) IN GENERAL.—The Comptroller General of the United States (referred to in this section as the ‘‘Comptroller General’’) shall conduct a study to assess the extent to which the Department of Health and Human Services (referred to in this section as the ‘‘Department’’) utilizes or provides funding to entities that utilize such funds for human genomic sequencing services or genetic serv- ices (as such term is defined in section 201(6) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C.
2000ff(6))) provided by entities, or subsidiaries of such entities, organized under the laws of a country or countries of concern, in the estimation of the Director of National Intelligence or the head of another Federal department or agency, as appropriate.
(b) CONSIDERATIONS.—In carrying out the study under this section, the Comptroller General shall— (1) consider— (A) the extent to which the country or countries of concern could obtain human genomic information of citizens and residents of the United States from such entities that sequence, analyze, collect, or store human genomic informa- tion and which the Director of National Intelligence or the head of another Federal department or agency reason- ably anticipates may use such information in a manner inconsistent with the national security interests of the United States; (B) whether the Department or recipient of such funds from the Department sought to provide funding to, or to use, domestic entities with no such ties to the country H. R. 2617—1311 or countries of concern for such purposes and any barriers to the use of domestic entities; and (C) whether data use agreements, data security meas- ures, and other such measures taken by the Department or recipient of such funds from the Department are suffi- cient to protect the identifiable, sensitive information of the people of the United States and the national security interests of the United States; and (2) make recommendations to address any vulnerabilities to the United States national security identified, as appropriate.
(c) ESTIMATION.—In conducting the study under this section, the Comptroller General may, as appropriate and necessary to complete such study, investigate specific instances of such utiliza- tion of genetic sequencing services or genetic services, as described in subsection (a), to produce estimates of the potential prevalence of such utilization among entities in receipt of Departmental funds.
(d) REPORT.—Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit a report on the study under this section, in a manner that does not compromise national security, to the Committee on Health, Education, Labor, and Pensions and the Select Committee on Intelligence of the Senate, and the Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Rep- resentatives.
The report shall be submitted in unclassified form, to the extent practicable, but may include a classified annex.

SEC.

2326.

REPORT ON PROGRESS TO ADDRESS UNDUE FOREIGN INFLUENCE.
Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce in the House of Representatives, in a manner that does not compromise national security, a report on actions taken by the Secretary— (1) to address cases of noncompliance with disclosure requirements or research misconduct related to foreign influ- ence, including— (A) the number of potential noncompliance cases inves- tigated by the National Institutes of Health or reported to the National Institutes of Health by a research institu- tion, including relating to undisclosed research support, undisclosed conflicts of interest or other conflicts of commit- ment, and peer review violations; (B) the number of cases referred to the Office of Inspector General of the Department of Health and Human Services, the Office of National Security of the Department of Health and Human Services, the Federal Bureau of Investigation, or other law enforcement agencies; (C) a description of enforcement actions taken for non- compliance related to undue foreign influence; and (D) any other relevant information; and (2) to prevent, address, and mitigate instances of non- compliance with disclosure requirements or research mis- conduct related to foreign influence.
H. R. 2617—1312 CHAPTER 4—ADVANCED RESEARCH PROJECTS AGENCY–HEALTH SEC.

2331.

ADVANCED RESEARCH PROJECTS AGENCY–HEALTH.

(a) IN GENERAL.—Title IV of the Public Health Service Act is amended by adding at the end the following: ‘‘PART J—ADVANCED RESEARCH PROJECTS AGENCY–HEALTH.

‘‘SEC.

499A.

ADVANCED RESEARCH PROJECTS AGENCY–HEALTH.


‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—There is established within the National Institutes of Health the Advanced Research Projects Agency– Health (referred to in this section as ‘ARPA–H’).
Not later than 180 days after the date of enactment of this section, the Secretary shall transfer all functions, personnel, missions, activities, authorities, and funds of the Advanced Research Projects Agency for Health as in existence on the date of enact- ment of this section, to ARPA–H established by the preceding sentence.
‘‘(2) ORGANIZATION.— ‘‘(A) IN GENERAL.—There shall be within ARPA–H— ‘‘(i) an Office of the Director; ‘‘(ii) not more than 8 program offices; and ‘‘(iii) such special project offices as the Director may establish.

‘‘(B) REQUIREMENT.—Not fewer than two-thirds of the program offices of ARPA–H shall be exclusively dedicated to supporting research and development activities, con- sistent with the goals and functions described in subsection (b).
‘‘(C) NOTIFICATION.—The Director shall submit a notification to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Rep- resentatives if the Director determines that additional pro- gram offices are required to carry out this section.
‘‘(3) EXEMPTION FROM CERTAIN POLICIES OF NIH.— ‘‘(A) IN GENERAL.—Except as otherwise provided for in this section, and subject to subparagraph (B), in estab- lishing ARPA–H pursuant to paragraph (1), the Secretary may exempt ARPA–H from policies and requirements of the National Institutes of Health that are in effect on the day before the date of enactment of this section as necessary and appropriate to ensure ARPA–H can most effectively achieve the goals described in subsection (b)(1).
‘‘(B) NOTICE.—Not later than 90 days after the date of enactment of this section, the Secretary shall publish a notice in the Federal Register describing the specific policies and requirements of the National Institutes of Health from which the Secretary intends to exempt ARPA– H, including a rationale for such exemptions.
‘‘(b) GOALS AND FUNCTIONS.— ‘‘(1) GOALS.—The goals of ARPA–H shall be to— H. R. 2617—1313 ‘‘(A) foster the development of novel, breakthrough, and broadly applicable capabilities and technologies to accelerate transformative innovation in biomedical science and medicine in a manner that cannot be readily accom- plished through traditional Federal biomedical research and development programs or commercial activity; ‘‘(B) revolutionize the detection, diagnosis, mitigation, prevention, treatment, and cure of diseases and health conditions by overcoming long-term and significant techno- logical and scientific barriers to developing transformative health technologies; ‘‘(C) promote high-risk, high-reward innovation to enable the advancement of transformative health tech- nologies; and ‘‘(D) contribute to ensuring the United States— ‘‘(i) pursues initiatives that aim to maintain global leadership in science and innovation; and ‘‘(ii) improves the health and wellbeing of its citi- zens by supporting the advancement of biomedical science and innovation.
‘‘(2) FUNCTIONS.—ARPA–H shall achieve the goals specified in paragraph (1) by addressing specific scientific or technical questions transformative, translational, applied, and advanced research in relevant areas of science, by supporting— high-impact involving by ‘‘(A) discovery, identification, and promotion of revolu- tionary advancements in science; ‘‘(B) translation of scientific discoveries into trans- formative health technologies with potential application for biomedical science and medicine; ‘‘(C) creation of platform capabilities that draw on mul- tiple disciplines; ‘‘(D) delivery of proofs of concept that demonstrate meaningful advances with potential clinical application; ‘‘(E) development of new capabilities and methods to identify potential targets and technological strategies for early disease detection and intervention, such as advanced computational tools and predictive models; and ‘‘(F) acceleration of transformational health techno- logical advances in areas with limited technical certainty.
‘‘(c) DIRECTOR.— ‘‘(1) IN GENERAL.—The President shall appoint a director of ARPA–H (in this section referred to as the ‘Director’).
‘‘(2) QUALIFICATIONS.—The Director shall be an individual who, by reason of professional background and experience— ‘‘(A) is especially qualified to advise the Secretary on, and manage— ‘‘(i) research and development programs; and ‘‘(ii) large-scale, high-risk initiatives with respect to health research and technology development across multiple sectors, including identifying and supporting potentially transformative health technologies; and ‘‘(B) has a demonstrated ability to identify and develop partnerships to address strategic needs in meeting the goals described in subsection (b)(1).
‘‘(3) REPORTING.—The Director shall report to the Secretary of Health and Human Services.

H. R. 2617—1314 ‘‘(4) DUTIES.—The duties of the Director shall include the following: ‘‘(A) Establish strategic goals, objectives, and priorities for ARPA–H to advance the goals described in subsection (b)(1).

‘‘(B) Approve the projects and programs of ARPA–H and restructure, expand, or terminate any project or pro- gram within ARPA–H that is not achieving its goals.
‘‘(C) Develop funding criteria and assess the success of programs through the establishment of technical mile- stones.

‘‘(D) Request that applications for funding disclose cur- rent and previous research and development efforts related to such applications, as appropriate, and identify any chal- lenges associated with such efforts, including any scientific or technical barriers encountered in the course of such efforts or challenges in securing sources of funding, as applicable.
‘‘(E) Coordinate with the heads of relevant Federal departments and agencies to facilitate sharing of data and information, as applicable and appropriate, and ensure that research supported by ARPA–H is informed by and supple- ments, not supplants, the activities of such departments and agencies and is free of unnecessary duplication of effort.
‘‘(F) Ensure ARPA–H does not provide funding for a project unless the program manager determines that the project aligns with the goals described in subsection (b)(1).
‘‘(G) Prioritize investments based on considerations such as— ‘‘(i) scientific opportunity and potential impact, especially in areas that fit within the strategies and operating practices of ARPA–H and require public- private partnerships to effectively advance research and development activities; and ‘‘(ii) the potential applications that an innovation may have to address areas of currently unmet need in medicine and health, including health disparities and the potential to prevent progression to serious disease.
‘‘(H) Encourage strategic collaboration and partner- ships with a broad range of entities, which may include institutions of higher education, minority-serving institu- tions (defined, for the purposes of this section, as institu- tions and programs described in section 326(e)(1) of the Higher Education Act of 1965 and institutions described in section 371(a) of such Act), industry, nonprofit organiza- tions, Federally funded research and development centers, or consortia of such entities.
‘‘(5) TERM.—Notwithstanding section 405(a)(2), the Director— ‘‘(A) shall be appointed for a 4-year term; and ‘‘(B) may be reappointed for 1 consecutive 4-year term.
‘‘(6) AUTONOMY OF AGENCY REGARDING RECOMMENDATIONS AND TESTIMONY.—No office or agency of the United States shall have authority to require the Director to submit legislative recommendations, or testimony or comments on legislation, to H. R. 2617—1315 any officer or agency of the United States for approval, com- ments, or review prior to the submission of such recommenda- tions, testimony or comments to Congress, if such recommenda- tions, testimony, or comments to Congress include a statement indicating that the views expressed therein are those of the Director and do not necessarily reflect the views of the Presi- dent or another Federal department, agency, or office.
‘‘(7) DEPUTY DIRECTOR.—The Director shall appoint a Deputy Director to serve as the principal assistant to the Director.

‘‘(8) NONAPPLICATION OF CERTAIN PROVISION.—The restric- tions contained in section 202 of the Departments of Labor, Health and Human Services, and Education, and Related Agen- cies Appropriations Act, 1993 (Public Law 102–394; 42 U.S.C.
238f note) related to consultants and individual scientists appointed for limited periods of time shall not apply to the Director appointed under this subsection.

‘‘(d) APPLICATION OF CERTAIN FLEXIBILITIES.—The flexibilities provided to the National Institutes of Health under section 301(g) shall apply to ARPA–H with respect to the functions described in subsection (b)(2).
‘‘(e) PROTECTION OF INFORMATION.— ‘‘(1) NO AUTHORIZATION FOR DISCLOSURE.—Nothing in this section shall be construed as authorizing the Director to disclose any information that is a trade secret or other privileged or confidential information subject to section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code.
‘‘(2) REPORTING.—If there have been requests under section 522 of title 5, United States Code, or the Secretary has used such authority to withhold information within the preceding year, not later than 1 year after the date of enactment of this section, and annually thereafter, the Director shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on— ‘‘(A) the number of instances in which the Secretary has used the authority under this subsection to withhold information from disclosure; and ‘‘(B) the nature of any request under section 552 of title 5, United States Code, or section 1905 of title 18, United States Code, that was denied using such authority.
‘‘(3) CLARIFICATION.—The protections for trade secrets or other privileged or confidential information described in para- graph (1) shall not be construed to limit the availability or disclosure of information necessary to inform and facilitate the evaluation required under subsection (k)(2).
Any such information made available to members of the National Acad- emies of Sciences, Engineering, and Medicine (referred to in this section as the ‘National Academies’) for such evaluation shall be kept confidential by such members and shall not be used for any purposes other than informing and facilitating the evaluation required under subsection (k)(2).
‘‘(f) COOPERATION WITH THE FOOD AND DRUG ADMINISTRA- TION.— H. R. 2617—1316 ‘‘(1) IN GENERAL.—In order to facilitate the enhanced collaboration and communication with respect to the most cur- rent priorities of ARPA–H, the Food and Drug Administration may meet with ARPA–H and any other Federal partners at appropriate intervals to discuss the development status, and actions that may be taken to facilitate the development, of medical products and projects that are the highest priorities to ARPA–H.
‘‘(2) REIMBURSEMENT.—Utilizing interagency agreements or other appropriate resource allocation mechanisms available, the Director shall reimburse, using funds made available to ARPA–H, the Food and Drug Administration, as appropriate, for activities identified by the Commissioner of Food and Drugs and the Director as being conducted by the Food and Drug Administration under the authority of this subsection.
‘‘(g) AWARDS.— ‘‘(1) IN GENERAL.—In carrying out this section, the Director may— ‘‘(A) award grants and cooperative agreements, which shall include requirements to publicly report indirect facili- ties and administrative costs, broken out by fixed capital costs, administrative overhead, and labor costs; ‘‘(B) award contracts, which may include multi-year contracts subject to section 3903 of title 41, United States Code; ‘‘(C) award cash prizes, utilizing the authorities and processes established under section 24 of the Stevenson- Wydler Technology Innovation Act of 1980; and ‘‘(D) enter into other transactions, as defined by section 319L(a)(3), subject to paragraph (2).
‘‘(2) LIMITATIONS ON ENTERING INTO OTHER TRANS- ACTIONS.— ‘‘(A) USE OF COMPETITIVE PROCEDURES.—To the max- imum extent practicable, competitive procedures shall be used when entering into other transactions under this sec- tion.
‘‘(B) WRITTEN REQUIRED.—The authority of paragraph (1)(D) may be exercised for a project if the program manager— DETERMINATION ‘‘(i) submits a request to the Director for each individual use of such authority before conducting or supporting a program, including an explanation of why the use of such authority is essential to promoting the success of the project; ‘‘(ii) receives approval for the use of such authority from the Director; and ‘‘(iii) for each year in which the program manager has used such authority in accordance with this para- graph, submits a report to the Director on the activities of the program related to such project.
‘‘(3) EXEMPTIONS FROM CERTAIN REQUIREMENTS.—Research funded by ARPA–H shall not be subject to the requirements of section 406(a)(3)(A)(ii) or section 492.
‘‘(h) FACILITIES AUTHORITY.— ‘‘(1) IN GENERAL.—The Director is authorized, for adminis- trative purposes, to— H. R. 2617—1317 ‘‘(A) acquire (by purchase, lease, condemnation or otherwise), construct, improve, repair, operate, and main- tain such real and personal property as are necessary to carry out this section; and ‘‘(B) lease an interest in property for not more than 20 years, notwithstanding section 1341(a)(1) of title 31, United States Code.
‘‘(2) LOCATIONS.— ‘‘(A) IN GENERAL.—ARPA–H, its head- quarters, shall not be located on any part of the existing National Institutes of Health campuses.

including ‘‘(B) NUMBER OF LOCATIONS.—ARPA–H shall have offices or facilities in not less than 3 geographic areas.
‘‘(C) CONSIDERATIONS.—In determining the location of each office or facility, the Director shall make a fair and open consideration of— ‘‘(i) the characteristics of the intended location; and ‘‘(ii) the extent to which such location will facilitate advancement of the goals and functions specified in subsection (b).
‘‘(i) PERSONNEL.— ‘‘(1) IN GENERAL.—The Director may— ‘‘(A) appoint and remove scientific, engineering, med- ical, and professional personnel, which may include tem- porary or term-limited appointments as determined by the Director to fulfill the mission of ARPA–H, without regard to any provision in title 5, United States Code, governing appointments and removals under the civil service laws; ‘‘(B) notwithstanding any other provision of law, including any requirement with respect to General Schedule pay rates under subchapter III of chapter 53 of title 5, United States Code, fix the base pay compensation of such personnel at a rate to be determined by the Director, up to the amount of annual compensation (excluding expenses) specified in section 102 of title 3, United States Code; and ‘‘(C) contract with private recruiting firms for assist- ance in identifying highly qualified candidates for technical positions needed to carry out this section.
‘‘(2) SUPPORT STAFF.—The Director may use authorities in existence on the date of enactment of this section that are provided to the Secretary to hire administrative, financial, clerical, and other staff necessary to carry out functions that support the goals and functions described in subsection (b).

‘‘(3) NUMBER OF PERSONNEL.—The Director may appoint not more than 210 personnel under this section.
The Director shall submit a notification to the Committee on Health, Edu- cation, Labor, and Pensions and the Committee on Appropria- tions of the Senate and the Committee on Energy and Com- merce and the Committee on Appropriations of the House of Representatives if the Director determines that additional per- sonnel are required to carry out this section.
‘‘(4) CLARIFICATION ON PREVIOUS POSITIONS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the Director shall ensure that the personnel who are appointed to staff or support ARPA–H are individuals who, H. R. 2617—1318 at the time of appointment and for 3 years prior to such appointment, were not employed by the National Institutes of Health.
The Director may grant an exemption only for individuals who are uniquely qualified, by way of profes- sional background and expertise, to advance the goals and functions specified in subsection (b).

‘‘(B) NONAPPLICATION OF PROVISION.—The restriction provided under subparagraph (A) shall not apply to any individuals who are employed by ARPA–H on the date of enactment of this section.
‘‘(5) ADDITIONAL CONSIDERATIONS.—In appointing personnel under this subsection, the Director— ‘‘(A) may contract with private entities for the purposes of recruitment services; in individuals underrepresented ‘‘(B) shall make efforts to recruit a diverse workforce, including science, engineering, and medicine, including racial and ethnic minorities, provided such efforts do not conflict with applicable Federal civil rights law, and individuals with a variety of professional experiences or backgrounds; and ‘‘(C) shall recruit program managers with dem- onstrated expertise in a wide range of scientific disciplines and management skills.
‘‘(6) USE OF INTERGOVERNMENTAL PERSONNEL ACT.—To the extent needed to carry out the authorities under paragraph (1) and the goals and functions specified in subsection (b), the Director may utilize hiring authorities under sections 3371 through 3376 of title 5, United States Code.
‘‘(7) AUTHORITY TO ACCEPT FEDERAL DETAILEES.—The Director may accept officers or employees of the United States or members of the uniformed service on a detail from an ele- ment of the Federal Government, on a reimbursable or a nonre- imbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed 3 years.
‘‘(j) PROGRAM MANAGERS.— ‘‘(1) IN GENERAL.—The Director shall appoint program man- agers for 3-year terms (and may reappoint such program man- agers for 1 additional consecutive 3-year term) for the programs carried out by ARPA–H.
‘‘(2) DUTIES.—A program manager shall— ‘‘(A) establish, in consultation with the Director, research and development goals for programs, including timelines and milestones, and make such goals available to the public; ‘‘(B) manage applications and proposals, through the appropriate officials, for making awards as described in subsection (g) for activities consistent with the goals and functions described in subsection (b); ‘‘(C) issue funding opportunity announcements, using uniform administrative processes, as appropriate; ‘‘(D) select, on the basis of merit, each of the projects to be supported under a program carried out by ARPA– H, and taking into consideration— ‘‘(i) the scientific, technical merit, and novelty of the proposed project; H. R. 2617—1319 ‘‘(ii) the ability of the applicant to successfully carry out the proposed project; ‘‘(iii) the potential future commercial applications of the project proposed by the applicant, including whether such applications may have the potential to address areas of currently unmet need within biomedi- cine and improve health outcomes; ‘‘(iv) the degree to which the proposed project has the potential to transform biomedicine and addresses a scientific or technical question pursuant to subsection (b); ‘‘(v) the potential for the project to take an inter- disciplinary approach; and ‘‘(vi) such other criteria as established by the Director; ‘‘(E) provide project oversight and management of stra- tegic initiatives to advance the program, including by con- ducting project
 reviews not later than 18 months after the date of funding awards to identify and monitor progress of milestones with respect to each project and prior to disbursement of additional funds; ‘‘(F) provide recommendations to the Director with respect to advancing the goals and functions specified in subsection (b); ‘‘(G) encourage research collaborations and cultivate opportunities for the application or utilization of successful projects, including through identifying and supporting applicable public-private partnerships or partnerships between or among award recipients; ‘‘(H) provide recommendations to the Director to estab- lish, expand, restructure, or terminate partnerships or projects; and ‘‘(I) communicate and collaborate with leaders and experts within the health care and biomedical research and development fields, including from both the public and private sectors and, as necessary, through the con- vening of workshops and meetings, to identify research and development gaps and opportunities and solicit stake- holder input on programs and goals.
‘‘(k) REPORTS AND EVALUATION.— ‘‘(1) ANNUAL REPORT.— ‘‘(A) IN GENERAL.—Beginning not later than 1 year after the date of enactment of this section, as part of the annual budget request submitted for each fiscal year, the Director shall submit a report on the actions under- taken, and the results generated, by ARPA–H, including— ‘‘(i) a description of projects supported by ARPA– H in the previous fiscal year and whether such projects are meeting the goals developed by the Director pursu- ant to subsection (c)(4)(A); ‘‘(ii) a description of projects terminated in the previous fiscal year, and the reason for such termi- nation; ‘‘(iii) a description of planned programs starting in the next fiscal year, pending the availability of funding; H. R. 2617—1320 ‘‘(iv) activities conducted in coordination with other Federal departments and agencies; ‘‘(v) a description of any successes with, or barriers to, coordinating with other Federal departments and agencies to achieve the goals and functions under sub- section (b); ‘‘(vi) aggregated demographic information, if avail- able, of direct recipients and performers in funded projects and of the ARPA–H workforce (consistent with the reporting requirements under paragraph (3)); and ‘‘(vii) a summary of award recipient compliance with section 2321 of the PREVENT Pandemics Act.
‘‘(B) SUBMISSION TO CONGRESS.—The report under subparagraph (A) shall be submitted to— ‘‘(i) the Committee on Energy and Commerce and the Committee on Appropriations of the House of Rep- resentatives; and ‘‘(ii) the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate.
‘‘(2) EVALUATION.— ‘‘(A) IN GENERAL.—Not later than 5 years after the date of the enactment of this section, the Director shall seek to enter into an agreement with the National Acad- emies under which the National Academies conducts an evaluation of whether ARPA–H is meeting the goals and functions specified in subsection (b).
‘‘(B) SUBMISSION OF RESULTS.—The agreement entered into under subparagraph (A) shall require the National Academies to submit the evaluation conducted under such agreement to the Director, the Committee on Health, Edu- cation, Labor, and Pensions of the Senate, and the Com- mittee on Energy and Commerce of the House of Represent- atives, and make the report publicly available.
‘‘(3) REPORTING RELATED TO ARPA–H PERSONNEL.— ‘‘(A) IN GENERAL.—The Director shall establish and maintain records regarding the use of the authority under subsection (i)(1)(A), including— ‘‘(i) the number of positions filled through such authority; ‘‘(ii) the types of appointments of such positions; ‘‘(iii) the titles, occupational series, and grades of such positions; ‘‘(iv) the number of positions publicly noticed to be filled under such authority; ‘‘(v) the number of qualified applicants who apply for such positions; ‘‘(vi) the qualification criteria for such positions; and ‘‘(vii) the demographic information of individuals appointed to such positions.
‘‘(B) REPORTS TO CONGRESS.—Not later than 2 years after the date of enactment of this section, and annually thereafter for each fiscal year in which such authority is used, the Director shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House H. R. 2617—1321 of Representatives a report describing the total number of appointments filled under subsection (i) within the fiscal year and how the positions relate to the goals and functions of ARPA–H.
‘‘(C) GAO REPORT.—Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the use of the authority provided under subsection (i)(1)(A).
Such report shall, in a manner that protects personal privacy, to the extent required by applicable Federal and State privacy law, at a minimum, include information on— ‘‘(i) the number of positions publicly noticed and filled under the authority under subsection (i); ‘‘(ii) the occupational series, grades, and types of appointments of such positions; ‘‘(iii) how such positions related to advancing the goals and functions of ARPA–H; ‘‘(iv) how the Director made appointment decisions under subsection (i); ‘‘(v) a summary of sources used to identify can- didates for filling such positions, as applicable; ‘‘(vi) the number of individuals appointed; ‘‘(vii) aggregated demographic information related to individuals appointed; and ‘‘(viii) any challenges, limitations, or gaps related to the use of the authority under subsection (i) and any related recommendations to address such chal- lenges, limitations, or gaps.
‘‘(l) STRATEGIC PLAN.—Not later than 1 year after the date of the enactment of this section, and every 3 years thereafter, the Director shall provide to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Com- mittee on Appropriations of the House of Representatives a strategic plan describing how ARPA–H will carry out investments each fiscal year in the following 3-year period.
The requirements regarding individual institute and center strategic plans under section 402(m), including paragraph (3) of such subsection, shall not apply to ARPA–H.
‘‘(m) INDEPENDENT REVIEW.—Not later than 1 year after the date of the enactment of this section, and every 4 years thereafter, the Comptroller General of the United States shall conduct, and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, an independent review of the bio- medical research and development portfolio of the Department of Health and Human Services, including ARPA–H, the National Institutes of Health, the Food and Drug Administration, and the Biomedical Advanced Research and Development Authority— ‘‘(1) to assess the degree of any potential duplication of existing Federal programs and projects; and ‘‘(2) to make any recommendations regarding any potential reorganization, consolidation, or termination of such programs and projects.
H. R. 2617—1322 ‘‘(n) PRIORITIZATION.— ‘‘(1) IN GENERAL.—The Director shall— ‘‘(A) prioritize awarding grants, cooperative agree- ments, contracts, prizes, and other transaction awards to entities that will conduct funded work in the United States; ‘‘(B) as appropriate and practicable, encourage non- domestic recipients of any grants, cooperative agreements, contracts, prizes, and other transactions under this section to collaborate with a domestic entity; ‘‘(C) not make awards under this section to non- domestic entities organized under the laws of a covered foreign country (as defined in section 119C of the National Security Act of 1947 (50 U.S.C.
3059)); and ‘‘(D) in accordance with the requirements of chapter 33 of title 41, United States Code, and the Federal Acquisi- tion Regulation, not make awards under this section to entities that have more than 3 ongoing concurrent awards under this section.
‘‘(2) CLARIFICATION.—In making an award under this sec- tion, the Director may waive the requirements of subparagraphs (A), (B), and (D) of paragraph (1) if such requirements cannot reasonably be met, and the proposed project has the potential to advance the goals described in subsection (b)(1).

The Director shall provide notice to Congress not later than 30 days after waiving such requirements.
‘‘(o) ADDITIONAL CONSULTATION.—In carrying out this section, the Director may consult with— ‘‘(1) the President’s Council of Advisors on Science and Technology; ‘‘(2) representatives of professional or scientific organiza- tions, including academia and industry, with expertise in spe- cific technologies under consideration or development by ARPA– H; ‘‘(3) an existing advisory committee providing advice to the Secretary or the head of any operating or staff division of the Department; ‘‘(4) the advisory committee established under subsection (p); and ‘‘(5) any other entity the Director may deem appropriate.
‘‘(p) ADVISORY COMMITTEE.— ‘‘(1) IN GENERAL.—There is established an ARPA–H Inter- agency Advisory Committee (referred to in this subsection as the ‘Advisory Committee’) to coordinate efforts and provide advice and assistance on specific program or project tasks and the overall direction of ARPA–H.

‘‘(2) MEMBERS.—The Advisory Committee established under paragraph (1) shall consist of the heads of the following agencies or their designees: ‘‘(A) The National Institutes of Health.
‘‘(B) The Centers for Disease Control and Prevention.

‘‘(C) The Food and Drug Administration.

‘‘(D) The Office of the Assistant Secretary for Prepared- ness and Response.

‘‘(E) The Office of the Assistant Secretary of Health.

‘‘(F) The Defense Advanced Research Projects Agency.

‘‘(G) The Office of Science of the Department of Energy.

‘‘(H) The National Science Foundation.


H. R. 2617—1323 ‘‘(I) Any other agency or office with subject matter expertise that the Director of ARPA–H determines appro- priate to advance programs or projects under this section.

‘‘(3) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C.

App.)

shall not apply to the Advisory Committee.


‘‘(4) ADVISORY NATURE.—The functions of the Advisory Committee shall be advisory in nature, and nothing in this subsection shall be construed as granting such Committee authority over the activities authorized under this section.
‘‘(5) PERFORMANCE MEASURES FRAMEWORK.— ‘‘(A) IN GENERAL.—The Director, in consultation with the Advisory Committee, shall develop a performance meas- ures framework for programs or projects supported by ARPA–H in order to inform and facilitate the evaluation required under subsection (k)(2), including identification of any data needed to perform such evaluation, ‘‘(B) AVAILABILITY OF PERFORMANCE MEASURES.—The Director shall provide to the National Academies such performance measures and data necessary to perform the evaluation required under subsection (k)(2).
‘‘(q) RULE OF CONSTRUCTION.—The authorities under this sec- tion, with respect to the Director, are additional authorities that do not supersede or modify any existing authorities.
‘‘(r) TRANSFORMATIVE HEALTH TECHNOLOGY DEFINED.—In this section, the term ‘transformative health technology’ means a novel, broadly applicable capability or technology— ‘‘(1) that has potential to revolutionize the detection, diag- nosis, mitigation, prevention, cure, or treatment of a disease or health condition that can cause severe health outcomes and which is an area of currently unmet need; and ‘‘(2) for which— ‘‘(A) significant scientific or technical challenges exist; or ‘‘(B) incentives in the commercial market are unlikely to result in the adequate or timely development of such capability or technology.
‘‘(s) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec- tion, there is authorized to be appropriated $500,000,000 for each of the fiscal years 2024 through 2028, to remain available until expended.

‘‘(t) ADDITIONAL BUDGET CLARIFICATION.—Any budget request for ARPA–H shall propose a separate appropriation from the other accounts of the National Institutes of Health.’’.
(b) GAO REPORT ON CERTAIN RESEARCH REQUIREMENTS.—The Comptroller General of the United States shall conduct a review to assess the extent to which relevant research conducted or sup- ported by the National Institutes of Health meets Federal animal research requirements pursuant of the Public Health Service Policy on Humane Care and Use of Laboratory Animals.
Such review shall also consider whether, for research conducted or supported by the National Institutes of Health that involves the use of ani- mals, the processes of the National Institutes of Health for reviewing initial research proposals and monitoring funded research include a review of project protocols and methods to ensure that results generated by such project may be reasonably anticipated to be reproducible and replicable and achieve similar results, as H. R. 2617—1324 applicable, in clinical trials.
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit a report on the review required under this subsection to the Com- mittee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.

Subtitle D—Modernizing and Strength- ening the Supply Chain for Vital Medical Products SEC.

2401.

WARM BASE MANUFACTURING CAPACITY FOR MEDICAL COUNTERMEASURES.
(a) IN GENERAL.—Section 319L of the Public Health Service Act (42 U.S.C.
247d–7e) is amended— (1) in subsection (a)(6)(B)— (A) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (B) by inserting after clause (iii), the following: ‘‘(iv) activities to support, maintain, and improve domestic manufacturing surge capacity and capabili- ties, as appropriate, including through the utilization of advanced manufacturing and platform technologies, to increase the availability of products that are or may become qualified countermeasures or qualified pandemic or epidemic products;’’; and (C) in clause (vi) (as so redesignated), by inserting ‘‘manufacturing,’’ after ‘‘improvement,’’; (2) in subsection (b)— (A) in the first sentence of paragraph (1), by inserting ‘‘support for domestic manufacturing surge capacity and capabilities,’’ after ‘‘initiatives for innovation,’’; and (B) in paragraph (2)— (i) in subparagraph (B), by striking ‘‘and’’ at the end; (ii) by redesignating subparagraph (C) as subpara- graph (D); and (iii) by inserting after subparagraph (B), the fol- lowing: ‘‘(C) activities to support, maintain, and improve domestic manufacturing surge capacity and capabilities, as appropriate, including through the utilization of advanced manufacturing and platform technologies, to increase the availability of products that are or may become qualified countermeasures or qualified pandemic or epi- demic products; and’’; (3) in subsection (c)— (A) in paragraph (2)(B), by inserting before the semi- colon ‘‘, including through the establishment and mainte- nance of
 domestic manufacturing surge capacity and capabilities, consistent with subsection (a)(6)(B)(iv)’’; (B) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i)— H. R. 2617—1325 (aa) in subclause (I), by striking ‘‘and’’ at the end; and regarding manufacturing (bb) by adding at the end the following: facilitating such communication, as ‘‘(III) appropriate, surge capacity and capabilities with respect to qualified countermeasures and qualified pandemic or epi- demic products to prepare for, or respond to, a
 public health emergency or potential public health emergency; and ‘‘(IV) facilitating such communication, as appropriate and in a manner that does not com- promise national security, with respect to potential eligibility for the material threat medical counter- measure priority review voucher program under section 565A of the Federal Food, Drug, and Cos- metic Act;’’; (II) in clause (ii)(III), by striking ‘‘and’’ at the end; (III) by redesignating clause (iii) as clause (iv); and (IV) by inserting after clause (ii), the following: ‘‘(iii) communicate regularly with entities in receipt of an award pursuant to subparagraph (B)(v), and facilitate communication between such entities and other entities in receipt of an award pursuant to subparagraph (B)(iv), as appropriate, for purposes of planning and response regarding the availability of countermeasures and the maintenance of domestic manufacturing capabilities, including any planned uses of such capacity and capabilities in the near- and mid-term, and identifica- tion of any significant challenges related to the long- term maintenance of such capacity and capabilities; and’’; capacity and surge (ii) in subparagraph (B)— (I) in clause (iii), by striking ‘‘and’’ at the end; (II) in clause (iv), by striking the period and inserting ‘‘; and’’; and (III) by adding at the end the following: ‘‘(v) award contracts, grants, and cooperative agreements and enter into other transactions to sup- port, maintain, and improve domestic manufacturing surge capacity and capabilities, including through sup- porting flexible or advanced manufacturing, to ensure that additional capacity is available to rapidly manu- facture products that are or may become qualified countermeasures or qualified pandemic or epidemic products in the event of a public health emergency declaration or significant potential for a public health emergency.’’; (iii) in subparagraph (C)— (I) in clause (i), by striking ‘‘and’’ at the end; (II) in clause (ii), by
 striking the period at the end and inserting ‘‘; and’’; and (III) by adding at the end the following: H. R. 2617—1326 ‘‘(iii) consult with the Commissioner of Food and Drugs, pursuant to section 565(b)(2) of the Federal Food, Drug, and Cosmetic Act, to ensure that facilities performing manufacturing, pursuant to an award under subparagraph (B)(v), are in compliance with applicable requirements under such Act and this Act, as appropriate, including current good manufacturing practice pursuant to section 501(a)(2)(B) of the Food, Drug, and Cosmetic Act; and’’; (iv) in subparagraph ‘‘, including to improve manufacturing capacities and capabilities for medical countermeasures’’ before the semicolon; (D)(i), by inserting (v) in subparagraph (E)(ix), by striking ‘‘2023’’ and inserting ‘‘2028’’; and (vi) by adding at the end the following: ‘‘(G) ANNUAL REPORTS BY AWARD RECIPIENTS.—As a condition of receiving an award under subparagraph (B)(v), a recipient shall develop and submit to the Secretary annual reports related to the maintenance of such capacity and capabilities, including ensuring that such capacity and capabilities are able to support the rapid manufacture of countermeasures as required by the Secretary.’’; and (C) in paragraph (5), by adding at the end the following: ‘‘(H) SUPPORTING WARM-BASE AND SURGE CAPACITY AND CAPABILITIES.—Pursuant to an award under subparagraph (B)(v), the Secretary may make payments for activities necessary to maintain domestic manufacturing surge capacity and capabilities supported under such award to ensure that such capacity and capabilities are able to sup- port 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 appro- priate, to provide for the maintenance of such capacity and capabilities.’’; and (4) in subsection (f)— (A) in paragraph (1), by striking ‘‘Not later than 180 days after the date of enactment of this subsection’’ and inserting ‘‘Not later than 180 days after the date of enact- ment of the PREVENT Pandemics Act’’; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking ‘‘this subsection’’ and inserting ‘‘the PREVENT Pandemics Act’’; (ii) in subparagraph (B), by striking ‘‘and’’ at the end; and (iii) in subparagraph (C), by striking the period and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(D) plans for the near-, mid-, and long-term sustainment of manufacturing activities carried out under this section, including such activities pursuant to sub- section (c)(5)(H), specific actions to regularly assess the H. R. 2617—1327 ability of recipients of an award under subsection (c)(4)(B)(v) to rapidly manufacture countermeasures as required by the Secretary, and recommendations to address challenges, if any, related to such activities.’’.
SEC.

2402.

SUPPLY CHAIN CONSIDERATIONS FOR THE STRATEGIC NATIONAL STOCKPILE.

Subclause (II) of section 319F–2(a)(2)(B)(i) of the Public Health Service Act (42 U.S.C.
247d–6b(a)(2)(B)(i)) is amended to read as follows: ‘‘(II) planning considerations for appropriate manufacturing capacity and capability to meet the goals of such additions or modifications (without disclosing proprietary information), including— ‘‘(aa) consideration of the effect such addi- tions or modifications may have on the avail- ability of such products and ancillary medical supplies on the health care system; and ‘‘(bb) an assessment of the current supply chain for such products, including information on supply chain redundancies, any known domestic manufacturing capacity for such products, and any related vulnerabilities;’’.
SEC.

2403.

STRATEGIC NATIONAL STOCKPILE EQUIPMENT MAINTE- NANCE.

Section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C.
247d–6b(a)(3)) is amended— (1) in subparagraph (B), by inserting ‘‘, regularly reviewed, and updated’’ after ‘‘followed’’; and (2) by amending subparagraph (D) to read as follows: ‘‘(D) review and revise, as appropriate, the contents of the stockpile on a regular basis to ensure that— ‘‘(i) emerging threats, advanced technologies, and new countermeasures are adequately considered; ‘‘(ii) the potential depletion of countermeasures currently in the stockpile is identified and appro- priately addressed, through necessary including replenishment; and ‘‘(iii) such contents are in working condition or usable, as applicable, and are ready for deployment, which may include conducting maintenance services on such contents of the stockpile and disposing of such contents that are no longer in working condition, or usable, as applicable;’’.
SEC.

2404.

IMPROVING TRANSPARENCY AND PREDICTABILITY OF PROCESSES OF THE STRATEGIC NATIONAL STOCKPILE.

(a) GUIDANCE.—Not later than 60 days after the date of enact- ment of this Act, the Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’) shall issue guidance describing the processes by which the Secretary deploys the contents of the Strategic National Stockpile under section 319F–2(a) of the Public Health Service Act (42 U.S.C.
247d–6b(a)), or otherwise distributes medical countermeasures, as applicable, to States, terri- tories, Indian Tribes and Tribal organizations (as such terms are defined under section 4 of the Indian Self-Determination and Edu- cation Assistance Act), and other applicable entities.
Such guidance H. R. 2617—1328 shall include information related to processes by which to request access to the contents of the Strategic National Stockpile, factors considered by the Secretary when making deployment or distribu- tion decisions, and processes and points of contact through which entities may contact the Secretary to address any issues related to products requested or received by such entity from the stockpile, and on other relevant topics.
(b) ANNUAL MEETINGS.—Section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C.
247d–6b(a)(3)) is amended— (1) in subparagraph (I), by striking ‘‘and’’ at the end; (2) in subparagraph (J), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(K) convene meetings, not less than once per year, with representatives from State, local, and Tribal health departments or officials, relevant industries, other Federal agencies, and other appropriate stakeholders, in a manner that does not compromise national security, to coordinate and share information related to maintenance and use of the stockpile, including a description of future counter- measure needs and additions, modifications, and replenish- ments of the contents of the stockpile, and considerations related to the manufacturing and procurement of products consistent with the requirements of the with the require- ments of chapter 83 of title 41, United States Code (com- monly referred to as the ‘Buy American Act’), as appro- priate.’’.
SEC.

2405.

IMPROVING SUPPLY CHAIN FLEXIBILITY FOR THE STRA- TEGIC NATIONAL STOCKPILE.

(a) IN GENERAL.—Section 319F–2 of the Public Health Service Act (42 U.S.C.
247d–6b) is amended— (1) in subsection (a)— (A) in paragraph (3)(F), by striking ‘‘as required by the Secretary of Homeland Security’’ and inserting ‘‘at the discretion of the Secretary, in consultation with, or at the request of, the Secretary of Homeland Security,’’; (B) by redesignating paragraphs (5) and (6) as para- graphs (6) and (7), respectively; (C) by inserting after paragraph (4) the following: ‘‘(5) VENDOR-MANAGED INVENTORY AND WARM-BASE SURGE CAPACITY.— ‘‘(A) IN GENERAL.—For the purposes of maintaining the stockpile under paragraph (1) and carrying out proce- dures under paragraph (3), the Secretary may enter into contracts or cooperative agreements with vendors, which may include manufacturers or distributors of medical prod- ucts, with respect to medical products intended to be deliv- ered to the ownership of the Federal Government.
Each such contract or cooperative agreement shall be subject to such terms and conditions as the Secretary may specify, including terms and conditions with respect to— ‘‘(i) procurement, maintenance, storage, and delivery of products, in alignment with inventory management and other applicable best practices, under such contract or cooperative agreement, which may H. R. 2617—1329 consider, as appropriate, costs of transporting and han- dling such products; or ‘‘(ii) maintenance of domestic manufacturing capacity and capabilities of such products to ensure additional reserved production capacity and capabili- ties are available, and that such capacity and capabili- ties are able to support the rapid manufacture, pur- chase, storage, and delivery of such products, as required by the Secretary to prepare for, or respond to, an existing or potential public health emergency.
‘‘(B) REPORT.—Not later than 2 years after the date of enactment of the PREVENT Pandemics Act, and annually thereafter, the Secretary shall submit to the Com- mittee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report on any contracts or cooperative agreements entered into under subparagraph (A) for purposes of establishing and maintaining vendor-managed inventory or reserve manu- facturing capacity and capabilities for products intended for the stockpile, including a description of— ‘‘(i) the amount of each award; ‘‘(ii) the recipient of each award; ‘‘(iii) the product or products covered through each award; and ‘‘(iv) how the Secretary works with each recipient to ensure situational awareness related to the manu- facturing capacity for, or inventory of, such products and coordinates the distribution and deployment of such products, as appropriate and applicable.’’; and (D) in subparagraph (A) of paragraph (6), as so redesig- nated— (i) in clause (viii), by striking ‘‘; and’’ and inserting a semicolon; (ii) in clause (ix), by striking the period and inserting ‘‘; and’’; and (iii) by adding at the end the following: ‘‘(x) with respect to reports issued in 2027 or any subsequent year, an assessment of selected contracts or cooperative agreements entered into pursuant to paragraph (5).’’; and (2) in subsection (c)(2)(C), by striking ‘‘on an annual basis’’ and inserting ‘‘not later than March 15 of each year’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 319F–2(f)(1) of the Public Health Service Act (42 U.S.C.

247d–6b(f)(1)) is amended by striking ‘‘$610,000,000 for each of fiscal years 2019 through 2023’’ and inserting ‘‘$610,000,000 for each of fiscal years 2019 through 2021, and $750,000,000 for each of fiscal years 2022 and 2023’’.

SEC.

2406.

REIMBURSEMENT FOR CERTAIN SUPPLIES.

Paragraph (7) of section 319F–2(a) of the Public Health Service (42 U.S.C.
247d–6b(a)), as so redesignated by section Act 405(a)(1)(B), is amended to read as follows: ‘‘(7) REIMBURSEMENT FOR CERTAIN SUPPLIES.— H. R. 2617—1330 ‘‘(A) IN GENERAL.—The Secretary may, at appropriate intervals, make available for purchase excess contents pro- cured for, and maintained within, the stockpile under para- graph (1) to any Federal agency or State, local, or Tribal government.
The Secretary shall make such contents avail- able for purchase only if— ‘‘(i) such contents are in excess of what is required for appropriate maintenance of such stockpile; ‘‘(ii) the Secretary determines that the costs for maintaining such excess contents are not appropriate to expend to meet the needs of the stockpile; and ‘‘(iii) the Secretary determines that such action does not compromise national security and is in the national interest.
‘‘(B) REIMBURSEMENT AND COLLECTION.—The Secretary may require reimbursement for contents that are made available under subparagraph (A), in an amount that reflects the cost of acquiring and maintaining such contents and the costs incurred to make available such contents in the time and manner specified by the Secretary.
Amounts collected under this subsection shall be credited to the appropriations account or fund that incurred the costs to procure such contents, and shall remain available, without further appropriation, until expended, for the pur- poses of the appropriation account or fund so credited.

‘‘(C) RULE OF CONSTRUCTION.—This paragraph shall not be construed to preclude transfers of contents in the stockpile under other authorities.
‘‘(D) REPORT.—Not later than 2 years after the date of enactment of the PREVENT Pandemics Act, and annually thereafter, the Secretary shall submit to the Com- mittee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report on the use of the authority provided under this paragraph, including details of each action taken pursuant to this paragraph, the account or fund to which any collected amounts have been credited, and how the Secretary has used such amounts.
‘‘(E) SUNSET.—The authority under this paragraph shall terminate on September 30, 2028.’’.

SEC.

2407.

ACTION REPORTING ON STOCKPILE DEPLETION.

Section 319 of the Public Health Service Act (42 U.S.C.
247d), as amended by section 2223, is further amended by adding at the end the following: ‘‘(h) STOCKPILE DEPLETION REPORTING.—The Secretary shall, not later than 30 days after the deployment of contents of the Strategic National Stockpile under section 319F–2(a) to respond to a public health emergency declared by the Secretary under this section or an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, and every 30 days thereafter until the expira- tion or termination of such public health emergency, emergency, or major disaster, submit a report to the Committee on Health, H. R. 2617—1331 Education, Labor, and Pensions and the Committee on Appropria- tions of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representa- tives on— ‘‘(1) the deployment of the contents of the stockpile in response to State, local, and Tribal requests; ‘‘(2) the amount of such products that remain within the stockpile following such deployment; and ‘‘(3) plans to replenish such products, as appropriate, including related timeframes and any barriers or limitations to replenishment.’’.
SEC.

2408.

PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN PROGRAMS AND FACILITIES.

(a) CLARIFICATION.—Section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C.

247d–6b(a)(3)) is amended— (1) in subparagraph (C), by striking ‘‘and local’’ and inserting ‘‘local, and Tribal’’; and (2) in subparagraph ( J), by striking ‘‘and local’’ and inserting ‘‘local, and Tribal’’.

(b) DISTRIBUTION OF MEDICAL COUNTERMEASURES TO INDIAN TRIBES.—Title III of the Public Health Service Act (42 U.S.C.

241 et seq.)
241 et seq.)

is amended by inserting after section 319F–4 the following: ‘‘SEC.

319F–5.

PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN PROGRAMS AND FACILITIES.
‘‘In the event that the Secretary deploys the contents of the Strategic National Stockpile under section 319F–2(a), or otherwise distributes medical countermeasures to States to respond to a public health emergency declared by the Secretary under section 319, the Secretary shall, in consultation with the applicable States, make such contents or countermeasures directly available to Indian Tribes and Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304), which may include through health programs or facilities operated by the Indian Health Service, that are affected by such public health emergency.’’.

SEC.

2409.

GRANTS FOR STATE STRATEGIC STOCKPILES.

(a) Section 319F–2 of the Public Health Service Act (42 U.S.C.
247d–6b) is amended by adding at the end the following: ‘‘(i) PILOT PROGRAM TO SUPPORT STATE MEDICAL STOCKPILES.— ‘‘(1) IN GENERAL.—The Secretary, in consultation with the Assistant Secretary for Preparedness and Response and the Director of the Centers for Disease Control and Prevention, shall award grants or cooperative agreements to not fewer than 5 States, or consortia of States, with consideration given to distribution among the geographical regions of the United States, to establish, expand, or maintain a stockpile of appro- priate drugs, vaccines and other biological products, medical devices, and other medical supplies determined by the State to be necessary to respond to a public health emergency declared by the Governor of a State or by the Secretary under section 319, or a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, in order to support the preparedness goals described in paragraphs (2) through (6) and (8) of section 2802(b).
A recipient H. R. 2617—1332 of such an award may not use award funds to support the stockpiling of security countermeasures (as defined in sub- section (c)(1), unless the eligible entity provides justification for maintaining such countermeasures and the Secretary deter- mines such justification is appropriate and applicable.
‘‘(2) REQUIREMENTS.— ‘‘(A) APPLICATION.—To be eligible to receive an award under paragraph (1), an entity shall prepare, in consulta- tion with appropriate health care entities and health offi- cials within the jurisdiction of such State or States, and submit to the Secretary an application that contains such information as the Secretary may require, including— ‘‘(i) a plan for such stockpile, consistent with para- graph (4), including— ‘‘(I) a description of the activities such entity will carry out under the agreement; ‘‘(II) an assurance that such entity will use funds under such award in alignment with the requirements of chapter 83 of title 41, United States Code (commonly referred to as the ‘Buy American Act’); and ‘‘(III) an outline of proposed expenses; and ‘‘(ii) a description of how such entity will coordinate with relevant entities in receipt of an award under section 319C–1 or 319C–2 pursuant to paragraph (4), including through promoting alignment between the stockpile plan established pursuant to clause (i) and applicable plans that are established by such entity pursuant to section 319C–1 or 319C–2.
‘‘(B) MATCHING FUNDS.— ‘‘(i) Subject to clause (ii), the Secretary may not make an award under this subsection unless the applicant agrees, with respect to the costs to be incurred by the applicant in carrying out the purpose described in this subsection, to make available non- Federal contributions toward such costs in an amount equal to— ‘‘(I) for each of fiscal years 2023 and 2024, not less than $1 for each $20 of Federal funds provided in the award; and ‘‘(II) for fiscal year 2025 and each fiscal year thereafter, not less than $1 for each $10 of Federal funds provided in the award.
‘‘(ii) WAIVER.—The Secretary may, upon the request of a State, waive the requirement under clause (i), in whole or in part, if the Secretary determines that extraordinary economic conditions in the State in the fiscal year involved or in the previous fiscal year justify the waiver.

A waiver provided by the Sec- retary under this subparagraph shall apply only to the fiscal year involved.
‘‘(C) ADMINISTRATIVE EXPENSES.—Not more than 10 percent of amounts received by an entity pursuant to an award under this subsection may be used for administrative expenses.

‘‘(3) LEAD ENTITY.—An entity in receipt of an award under paragraph (1) may designate a lead entity, which may be a H. R. 2617—1333 public or private entity, as appropriate, to manage the stockpile at the direction of the State or consortium of States.
‘‘(4) USE OF FUNDS.—An entity in receipt of an award under paragraph (1) shall use such funds to— ‘‘(A) purchase, store, and maintain a stockpile of appro- priate drugs, vaccines and other biological products, med- ical devices, and other medical supplies to be used during a public health emergency, major disaster, or emergency described in paragraph (1), in such numbers, types, and amounts as the entity determines necessary, consistent with such entity’s stockpile plan established pursuant to paragraph (2)(A)(i); ‘‘(B) deploy the stockpile as required by the entity to respond to an actual or potential public health emer- gency, major disaster, or other emergency described in paragraph (1); ‘‘(C) replenish and make necessary additions or modi- fications to the contents of such stockpile, including to address potential depletion; ‘‘(D) in consultation with Federal, State, and local offi- cials, take into consideration the availability, deployment, dispensing, and administration requirements of medical products within the stockpile; ‘‘(E) ensure that procedures are followed for inventory management and accounting, and for the physical security of the stockpile, as appropriate; ‘‘(F) review and revise, as appropriate, the contents of the stockpile on a regular basis to ensure that, to the extent practicable, new technologies and medical products are considered; ‘‘(G) carry out exercises, drills, and other training for purposes of stockpile deployment, dispensing, and adminis- tration of medical products, and for
 purposes of assessing the capability of such stockpile to address the medical supply needs of public health emergencies, major disasters, or other emergencies described in paragraph (1) of varying types and scales, which may be conducted in accordance with requirements related to exercises, drills, and other training for recipients of awards under section 319C–1 or 319C–2, as applicable; and ‘‘(H) carry out other activities related to the State strategic stockpile as the entity determines appropriate, to support State efforts to prepare for, and respond to, public health threats.
‘‘(5) SUPPLEMENT NOT SUPPLANT.—Awards under paragraph (1) shall supplement, not supplant, the maintenance and use of the Strategic National Stockpile by the Secretary under subsection (a).
‘‘(6) GUIDANCE FOR STATES.—Not later than 180 days after the date of enactment of this subsection, the Secretary, in consultation with States, health officials, and other relevant stakeholders, as appropriate, shall issue guidance, and update such guidance as appropriate, for States related to maintaining and replenishing a stockpile of medical products, which may include strategies and best practices related to— ‘‘(A) types of medical products and medical supplies that are critical to respond to public health emergencies, H. R. 2617—1334 and may be appropriate for inclusion in a stockpile by States, with consideration of threats that require the large- scale and simultaneous deployment of stockpiles, including the stockpile maintained by the Secretary pursuant to sub- section (a), and long-term public health and medical response needs; ‘‘(B) appropriate management of the contents of a stock- pile, including management by vendors of reserve amounts of medical products and supplies intended to be delivered to the ownership of the State and appropriate disposition of excess products, as applicable; and ‘‘(C) the procurement of medical products and medical supplies consistent with the requirements of chapter 83 of title 41, United States Code (commonly referred to as the ‘Buy American Act’).
‘‘(7) TECHNICAL ASSISTANCE.—The Secretary shall provide assistance to States, including technical assistance, as appro- priate, in establishing, maintaining, improving, and utilizing a medical stockpile, including appropriate inventory manage- ment and disposition of products.
‘‘(8) REPORTING.— ‘‘(A) STATE REPORTS.—Each entity receiving an award under paragraph (1) shall update, as appropriate, the plan established pursuant to paragraph (2)(A)(i) and submit to the Secretary an annual report on implementation of such plan, including any changes to the contents of the stockpile supported under such award.

The Secretary shall use information obtained from such reports to inform the maintenance and management of the Strategic National Stockpile pursuant to subsection (a).
‘‘(B) REPORTS TO CONGRESS.—Not later than 1 year after the initial issuance of awards pursuant to paragraph (1), and annually thereafter for the duration of the program established under this subsection, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Rep- resentatives a report on such program, including— ‘‘(i) Federal and State expenditures to support stockpiles under such program; ‘‘(ii) activities conducted pursuant to paragraph (4); and ‘‘(iii) any additional information from the States that the Secretary determines relevant.
is to be there ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—To carry out this subsection, appropriated authorized $3,500,000,000 for each of fiscal years 2023 and 2024, to remain available until expended.’’.

(b) GAO REPORT.—Not later than 3 years after the date on which awards are first issued pursuant to subsection (i)(1) of section 319F–2 of the Public Health Service Act (42 U.S.C.
247d–6b), as added by subsection (a), the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the State H. R. 2617—1335 stockpiles established or maintained pursuant to this section.
Such report shall include an assessment of— (1) coordination and communication between the Secretary of Health and Human Services and entities in receipt of an award under this section, or a lead entity designated by such entity; (2) technical assistance provided by the Secretary of Health and Human Services to such entities; and (3) the impact of such stockpiles on the ability of the State to prepare for and respond to a public health emergency, major disaster, or other emergency described in subsection (i)(1) of section 319F–2 of the Public Health Service Act (42 U.S.C.
247d–6b), as added by subsection (a), including the availability and distribution of items from such State stockpile to health care entities and other applicable entities.

SEC.

2410.

STUDY ON INCENTIVES FOR DOMESTIC PRODUCTION OF GENERIC MEDICINES.
(a) IN GENERAL.—The Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’), acting through the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services shall— (1) conduct a study on the feasibility, including related to sustainment, and potential effectiveness, and utility of pro- viding incentives for increased domestic production and capacity of specified generic medicines and their active pharmaceutical ingredients, which may include through applicable nonprofit or for-profit private entities; and (2) not later than 1 year after the date of enactment of this Act, submit a report on such study to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Rep- resentatives.
(b) SPECIFIED GENERIC MEDICINE.—In this section, the term ‘‘specified generic medicine’’ means a generic drug approved under section 505(j) of the Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)) that is — (1) used to prevent, mitigate, or treat a serious or life- threatening disease or condition, or used in a common procedure that could be life-threatening without such medicine; (2) an antibiotic or antifungal used to treat a serious or life threatening infectious disease; (3) critical to the public health during a public health emergency; or (4) life-supporting, life-sustaining, or intended for use in the prevention or treatment of a debilitating disease or condi- tion.

SEC.

2411.
SEC.

2411.

INCREASED MANUFACTURING CAPACITY FOR CERTAIN CRITICAL ANTIBIOTIC DRUGS.

(a) PROGRAM.— (1) IN GENERAL.—The Secretary, in consultation with the Assistant Secretary for Preparedness and Response and Commissioner of Food and Drugs, may award contracts to increase the domestic manufacturing capacity of certain anti- biotic drugs with identified supply chain vulnerabilities, or the active pharmaceutical ingredient or key starting material of such antibiotic drugs.
H. R. 2617—1336 (2) ELIGIBLE ENTITIES.—To be eligible to receive an award under this subsection, an entity shall— (A) be a manufacturer that is in compliance with, or demonstrates capability to comply with, the relevant requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

301 et seq.
); and (B) prepare and submit to the Secretary an application at such time, and in such manner, and containing such information as the Secretary may require, including— (i) a description of proposed activities to be sup- ported by an award under this subsection to increase manufacturing capacity for such antibiotic drug or drugs; (ii) the antibiotic drug or drugs, or related active pharmaceutical ingredients or key starting materials for such drug or drugs, that such entity intends to manufacture with any increased manufacturing capacity supported by an award under this subsection; (iii) any additional products such increased manu- facturing capacity could be used to manufacture; manufacturing (iv) a description of the current supply chain for such antibiotic drugs, including any existing and applicable known vulnerabilities in the supply chain, known or potential supply limitations, such as foreign export restrictions, or subsidies from foreign governments, as applicable; (v) a description of how such entity may use advanced or flexible manufacturing in carrying out the terms of an award under this subsection; and facilities, (vi) a strategic plan regarding the maintenance, operation, and sustainment of such increased manufac- turing capacity following the expiration of a contract under this subsection.
(3) USE OF FUNDS.—A recipient of an award under this subsection shall use such funds to build, expand, upgrade, modify, or recommission a facility located in the United States, which may include the purchase or upgrade of equipment, as applicable, to support increased manufacturing capacity of certain antibiotic drugs for which supply chain vulnerabilities exist, or the active pharmaceutical ingredient or key starting material of such antibiotic drugs.
(4) REPORTS.—An entity in receipt of an award under this subsection shall submit to the Secretary such reports as the Secretary may require related to increasing domestic manufac- turing capacity of antibiotic drugs pursuant to a contract under this subsection, including actions taken to implement the stra- tegic plan required under paragraph (2)(B)(vi).
(5) CONTRACT TERMS.—The following shall apply to a con- tract to support increased domestic manufacturing capacity under this subsection: (A) MILESTONE-BASED PAYMENTS.—The Secretary may provide payment, including advance payment or partial payment for significant milestones, if the Secretary makes a determination that such payment is necessary and appro- priate.
(B) REPAYMENT.—The contract shall provide that such payment is required to be repaid if there is a failure to H. R. 2617—1337 perform by the manufacturer under the contract; if the specified milestones are reached, an advance or partial payment shall not be required to be repaid.

(C) CONTRACT DURATION.— (i) IN GENERAL.—Each contract shall be for a period not to exceed 5 years.

(ii) NON-RENEWABILITY.—A contract shall not be renewable.
(iii) NOTIFICATIONS OF EXTENSIONS AND TERMI- NATIONS.—If the Secretary decides to terminate a con- tract prior to its expiration, the Secretary shall notify the manufacturer within 90 days of such determina- tion.
(D) ADDITIONAL TERMS.—The Secretary, in any contract under this subsection— (i) may specify— (I) the amount of funding that will be dedi- cated by the Secretary for supporting increased manufacturing capacity under such contract; and (II) the amount of manufacturing capacity that such eligible entity must meet; and (ii) shall provide a clear statement of defined Fed- eral Government purpose limited to uses related to increasing domestic manufacturing capacity for anti- biotic drugs to address identified supply chain vulnerabilities and challenges to establishing and maintaining domestic manufacturing capacity.
(E) SUSTAINMENT.—Each contract shall provide for the eligible entity to update the strategic plan required under paragraph (2)(B)(vi) throughout the duration of such con- tract, as required by the Secretary.
(b) REPORT.—Not later than 2 years after the date of enactment of this Act and every year thereafter until the termination or expiration of all such contracts, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on any activities supported under sub- section (a), including— (1) the antibiotic drugs for which the Secretary prioritized awards under subsection (a), including a description of how the Secretary consulted with stakeholders to inform such prioritization; (2) information regarding each contract awarded pursuant to subsection (a), including— (A) the recipient of each such contract, including any recipients of a subaward; (B) the milestone and performance requirements pursuant to each such contract; (C) the duration of each such contract; (D) the amount of funding provided by the Secretary pursuant to each such contract, including any advanced or partial payments; (E) the antibiotic drugs supported through each such contract, including a description of the medical necessity of each such antibiotic drug and any supply chain limitations, and related characteristics vulnerabilities, H. R. 2617—1338 identified pursuant to subsection (a)(2)(B)(iv) for each such antibiotic drug; and (F) the amount of increased manufacturing capacity for such antibiotic drug that each such contract supports; and (3) a description of how such contracts address supply increasing manufacturing chain vulnerabilities, capacity of antibiotic drugs in the United States; and including (4) a description of the strategic plan submitted pursuant to subsection (a)(2)(B)(vi) by each recipient of an award under subsection (a).
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed— (1) to limit, directly or indirectly, or otherwise impact the private distribution, purchase, or sale of antibiotic drugs or active pharmaceutical ingredients or key starting materials; or (2) to authorize the Secretary to disclose any information that is a trade secret, or other privileged or confidential information subject to section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code.
(d) DEFINITIONS.—For purposes of this section: (1) ACTIVE PHARMACEUTICAL term ‘‘active pharmaceutical ingredient’’ has the meaning given such term in section 744A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

379j–41).

INGREDIENT.—The (2) ANTIBIOTIC DRUG.—The term ‘‘antibiotic drug’’ means an antibacterial or antifungal drug approved by the Food and Drug Administration under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)) that is of significant priority to providing health care and is medically necessary to have available at all times in an amount adequate to serve patient needs.

(3) KEY STARTING MATERIAL.—The term ‘‘key starting mate- rial’’ means any component of a drug that the Secretary deter- mines to be necessary to the safety and effectiveness of the drug.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services.
(e) SUNSET.—The authority to enter into new contracts under this section shall cease to be effective 3 years after the date of enactment of this Act, and, beginning on the date that is 8 years after the date of enactment of this Act, this section shall have no force or effect.

Subtitle E—Enhancing Development and Combating Shortages of Medical Products CHAPTER 1—DEVELOPMENT AND REVIEW SEC.

2501.

ACCELERATING COUNTERMEASURE DEVELOPMENT AND REVIEW.
Section 565 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb–4) is amended by adding at the end the following: ‘‘(h) ACCELERATING COUNTERMEASURE DEVELOPMENT AND REVIEW DURING AN EMERGENCY.— H. R. 2617—1339 ‘‘(1) ACCELERATION OF COUNTERMEASURE DEVELOPMENT AND REVIEW.—The Secretary may, at the request of the sponsor of a countermeasure, during a domestic, military, or public health emergency or material threat described in section 564A(a)(1)(C), expedite the development and review of counter- measures that are intended to address such domestic, military, or public health emergency or material threat for approval, licensure, clearance, or authorization under this title or section 351 of the Public Health Service Act.
‘‘(2) ACTIONS.—The actions to expedite the development and review of a countermeasure under paragraph (1) may include the following: ‘‘(A) Expedited review of submissions made by sponsors of countermeasures to the Food and Drug Administration, including rolling submissions of countermeasure applica- tions and other submissions.
‘‘(B) Expedited and increased engagement with spon- sors regarding countermeasure development and manufac- turing, including— ‘‘(i) holding meetings with the sponsor and the review team and providing timely advice to, and inter- active communication with, the sponsor regarding the development of the countermeasure to ensure that the development program to gather the nonclinical and clinical data necessary for approval, licensure, clear- ance, or authorization is as efficient as practicable; ‘‘(ii) involving senior managers and experienced review staff, as appropriate, in a collaborative, cross- disciplinary review; ‘‘(iii) assigning a cross-disciplinary project lead for the review team to facilitate; ‘‘(iv) taking steps to ensure that the design of the clinical trials is as efficient as practicable, when scientifically appropriate, such as by minimizing the number of patients exposed to a potentially less effica- cious treatment; and ‘‘(v) streamlining the review of approved, licensed, cleared, or authorized countermeasures to treat or pre- vent new or emerging threats, including the review of any changes to such countermeasures.
‘‘(C) Expedited issuance of guidance documents and publication of other regulatory information regarding countermeasure development and manufacturing.

‘‘(D) Other steps to expedite the development and review of a countermeasure application submitted for approval, licensure, clearance, or authorization, as the Sec- retary determines appropriate.
‘‘(3) LIMITATION OF EFFECT.—Nothing in this subsection shall be construed to require the Secretary to grant, or take any other action related to, a request of a sponsor to expedite the development and review of a countermeasure for approval, licensure, clearance, or authorization under paragraph (1).’’.

SEC.

2502.

THIRD PARTY TEST EVALUATION DURING EMERGENCIES.

(a) IN GENERAL.—Section 565 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb–4), as amended by section 2501, is further amended by adding at the end the following: H. R. 2617—1340 ‘‘(i) THIRD PARTY EVALUATION OF TESTS USED DURING AN EMER- GENCY.— ‘‘(1) IN GENERAL.—For purposes of conducting evaluations regarding whether an in vitro diagnostic product (as defined in section 809.3 of title 21, Code of Federal Regulations (or any successor regulations)) for which a request for emergency use authorization is submitted under section 564 meets the criteria for issuance of such authorization, the Secretary may, as appropriate, consult with persons with appropriate expertise with respect to such evaluations or enter into cooperative agree- ments or contracts with such persons under which such persons conduct such evaluations and make such recommendations, including, as appropriate, evaluations and recommendations regarding the scope of authorization and conditions of authorization.
‘‘(2) REQUIREMENTS REGARDING EVALUATIONS AND REC- OMMENDATIONS.— ‘‘(A) IN GENERAL.—In evaluating and making rec- ommendations to the Secretary regarding the validity, accuracy, and reliability of in vitro diagnostic products, as described in paragraph (1), a person shall consider and document whether the relevant criteria under subsection (c)(2) of section 564 for issuance of authorization under such section are met with respect to the in vitro diagnostic product.
‘‘(B) WRITTEN RECOMMENDATIONS.—Recommendations made by a person under this subsection shall be submitted to the Secretary in writing, and shall include the reasons for such recommendation and other information that may be requested by the Secretary.
‘‘(3) RULE OF CONSTRUCTION.— Nothing in this subsection shall be construed to require the Secretary to consult with, or enter into cooperative agreements or contracts with, persons as described in paragraph (1) for purposes of authorizing an in vitro diagnostic product or otherwise affecting the emergency use authorization authorities under this section or section 564.’’.
(b) GUIDANCE.—Not later than 1 year after the date of enact- ment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the ‘‘Secretary’’) shall issue draft guidance on consultations with persons under subsection (i) of sec- tion 565 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

360bbb–4), as added by subsection (a), including considerations concerning conflicts of interest, compensation arrangements, and information sharing.
Not later than 1 year after the public comment period on such draft guidance ends, the Secretary shall issue a revised draft guidance or final guidance.

SEC.

2503.

PLATFORM TECHNOLOGIES.

(a) IN GENERAL.—Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506J of such Act (21 U.S.C.

356j) the following: ‘‘SEC.

506K.

PLATFORM TECHNOLOGIES.


‘‘(a) IN GENERAL.—The Secretary shall establish a program for the designation of platform technologies that meet the criteria described in subsection (b).
H. R. 2617—1341 ‘‘(b) CRITERIA.—A platform technology incorporated within or utilized by a drug or biological product is eligible for designation as a designated platform technology under this section if— ‘‘(1) the platform technology is incorporated in, or utilized by, a drug approved under section 505 of this Act or a biological product licensed under section 351 of the Public Health Service Act; ‘‘(2) preliminary evidence submitted by the sponsor of the approved or licensed drug described in paragraph (1), or a sponsor that has been granted a right of reference to data submitted in the application for such drug, demonstrates that the platform technology has the potential to be incorporated in, or utilized by, more than one drug without an adverse effect on quality, manufacturing, or safety; and ‘‘(3) data or information submitted by the applicable person under paragraph (2) indicates that incorporation or utilization of the platform technology has a reasonable likelihood to bring significant efficiencies to the drug development or manufac- turing process and to the review process.
‘‘(c) REQUEST FOR DESIGNATION.—A person may request the Secretary designate a platform technology as a designated platform technology concurrently with, or at any time after, submission under section 505(i) of this Act or section 351(a)(3) of the Public Health Service Act for the investigation of a drug that incorporates or utilizes the platform technology that is the subject of the request.
‘‘(d) DESIGNATION.— ‘‘(1) IN GENERAL.—Not later than 90 calendar days after the receipt of a request under subsection (c), the Secretary shall determine whether the platform technology that is the subject of the request meets the criteria described in subsection (b).
‘‘(2) DESIGNATION.—If the Secretary determines that the platform technology meets the criteria described in subsection (b), the Secretary shall designate the platform technology as a designated platform technology and may expedite the develop- ment and review of any subsequent application submitted under section 505(b) of this Act or section 351(a) of the Public Health Service Act for a drug that uses or incorporates the platform technology pursuant to subsection (e), as appropriate.
‘‘(3) DETERMINATION NOT TO DESIGNATE.—If the Secretary determines that the platform technology does not meet the criteria under subsection (b), the Secretary shall include with the determination not to designate the technology a written description of the rationale for such determination.
‘‘(4) REVOCATION OF DESIGNATION.—The Secretary may revoke a designation made under paragraph (2), if the Secretary determines that the designated platform technology no longer meets the criteria described in subsection (b).

The Secretary shall communicate the determination to revoke a designation to the requesting sponsor in writing, including a description of the rationale for such determination.
‘‘(5) APPLICABILITY.—Nothing in this section shall prevent a product that uses or incorporates a designated platform tech- nology from being eligible for expedited approval pathways if it is otherwise eligible under this Act or the Public Health Service Act.
H. R. 2617—1342 ‘‘(e) ACTIONS.—The Secretary may take actions to expedite the development and review of an application for a drug that incor- porates or utilizes a designated platform technology, including— ‘‘(1) engaging in early interactions with the sponsor to discuss the use of the designated platform technology and what is known about such technology, including data previously sub- mitted that is relevant to establishing, as applicable, safety or efficacy under section 505(b) of this Act or safety, purity, or potency under section 351(a) of the Public Health Service Act; ‘‘(3) considering inspectional findings, ‘‘(2) providing timely advice to, and interactive communica- tion with, the sponsor regarding the development of the drug that proposes to use the designated platform technology to ensure that the development program designed to gather data necessary for approval or licensure is as efficient as practicable, which may include holding meetings with the sponsor and the review team throughout the development of the drug; and including prior findings, related to the manufacture of a drug that incorporates or utilizes the designated platform technology.
‘‘(f) LEVERAGING DATA FROM DESIGNATED PLATFORM TECH- NOLOGIES.—The Secretary shall, consistent with applicable stand- ards for approval, authorization, or licensure under this Act and section 351(a) of the Public Health Service Act, allow the sponsor of an application under section 505(b) of this Act or section 351(a) of the Public Health Service Act or a request for emergency use authorization under section 564, in order to support approval, licen- sure, or authorization, to reference or rely upon data and informa- tion within an application or request for a drug or biological product that incorporates or utilizes the same platform technology des- ignated under subsection (d), provided that— ‘‘(1) such data and information was submitted by the same sponsor, pursuant to the application for the drug with respect to which designation of the designated platform technology under subsection (d) was granted; or ‘‘(2) the sponsor relying on such data and information received a right of reference to such data and information from the sponsor described in paragraph (1).
‘‘(g) CHANGES TO A DESIGNATED PLATFORM TECHNOLOGY.—A sponsor of more than one application approved under section 505(b) of this Act or section 351(a) of the Public Health Service Act for drugs that incorporate or utilize a designated platform tech- nology may submit a single supplemental application for proposed changes to the designated platform technology that may be applicable to more than one such drug that incorporates or utilizes the same designated platform technology.
Such supplemental application may cross-reference data and information submitted in other applications and may include one or more comparability protocols regarding how such changes to the platform technology would be made for each applicable drug or biological product.
‘‘(h) DEFINITIONS.—For purposes of this section: ‘‘(1) The term ‘platform technology’ means a well-under- stood and reproducible technology, which may include a nucleic acid sequence, molecular structure, mechanism of action, delivery method, vector, or a combination of any such tech- nologies that the Secretary determines to be appropriate, that the sponsor demonstrates— H. R. 2617—1343 ‘‘(A) is incorporated in or utilized by a drug or biological product and is essential to the structure or function of such drug or biological product; ‘‘(B) can be adapted for, incorporated into, or utilized by, more than one drug or biological product sharing common structural elements; and ‘‘(C) facilitates the manufacture or development of more than one drug or biological product through a standardized production or manufacturing process or processes.
‘‘(2) The term ‘designated platform technology’ means a platform technology that is designated as a platform technology under subsection (d).
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to— ‘‘(1) alter the authority of the Secretary to approve drugs pursuant to section 505 of this Act or license biological products pursuant to section 351 of the Public Health Service Act, including standards of evidence and applicable conditions for approval or licensure under the applicable Act; or ‘‘(2) confer any new rights with respect to the permissibility of a sponsor of an application for a drug product or biological product referencing information contained in another applica- tion submitted by the holder of an approved application under section 505(c) of this Act or of a license under section 351(a) of the Public Health Service Act.’’.
(b) GUIDANCE.—Not later than 1 year after the date of enact- ment of this Act, the Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’) shall issue draft guidance on the implementation of this section.
Such guidance shall include examples of drugs that can be manufactured using platform technologies, including drugs that contain or consist of vectors and nucleic acids, information about the Secretary’s review of platform technologies, information regarding submitting for des- ignation, considerations for persons submitting a request for des- ignation 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 plat- form technologies, and recommendations and requirements for making and reporting manufacturing changes to a designated plat- form technology in accordance with section 506K(g) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) and section 506A of such Act (21 U.S.C.
356a), as applicable.
(c) REPORT.—Not later than September 30, 2026, and annually thereafter until September 30, 2029, the Secretary shall issue a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives that shall include— (1) the number of requests for designation under the pro- gram under section 506K of the Federal Food, Drug, and Cos- metic Act, as added by subsection (a); (2) the number of designations under such program issued, active, and revoked; (3) the resources required to carry out such program (including the review time used for full-time equivalent employees); H. R. 2617—1344 (4) any efficiencies gained in the development, manufac- turing, and review processes associated with such designations; and (5) recommendations, if any, to strengthen the program to better leverage platform technologies that can be used in more than one drug and meet patient needs in a manner as timely as possible, taking into consideration the resources available to the Secretary of Health and Human Services for carrying out such program.
SEC.

2504.

INCREASING EUA DECISION TRANSPARENCY.

Section 564(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb–3(h)) is amended— (1) in paragraph (1)— (A) by inserting ‘‘on the internet website of the Food and Drug Administration and’’ after ‘‘promptly publish’’; (B) by striking ‘‘application under section 505(i), 512(j), or 520(g), even if such summary may indirectly reveal the existence of such application’’ and inserting ‘‘applica- tion, request, or submission under this section or section 505(b), 505(i), 505(j), 512(b), 512(j), 512(n), 515, 510(k), 513(f)(2), 520(g), 520(m), 571, or 572 of this Act, or section 351(a) or 351(k) of the Public Health Service Act, even if such summary may reveal the existence of such an application, request, or submission, or data contained in such application, request, or submission’’; and (C) by inserting before the period at the end of the second sentence the following: ‘‘, which may include a sum- mary of the data and information supporting such revi- sions’’; and (2) in paragraph (2), by adding at the end the following: ‘‘Information made publicly available by the Secretary in accord- ance with paragraph (1) shall be considered a disclosure author- ized by law for purposes of section 1905 of title 18, United States Code’’.
SEC.

2505.

IMPROVING FDA GUIDANCE AND COMMUNICATION.
(a) FDA REPORT AND IMPLEMENTATION OF GOOD GUIDANCE PRACTICES.—The Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’) shall develop, and publish on the website of the Food and Drug Administration— (1) a report identifying best practices for the efficient prioritization, development, issuance, and use of guidance docu- ments, within centers, across the Food and Drug Administra- tion, and across other applicable agencies; and (2) a plan for implementation of such best practices, including across other applicable agencies, which shall address— (A) streamlining development and review of guidance documents within centers and across the Food and Drug Administration; (B) streamlining processes for regulatory submissions to the Food and Drug Administration, including through the revision or issuance of guidance documents; and (C) implementing innovative guidance development processes and practices and transitioning or updating guid- ance issued during the COVID–19 public health emergency, as appropriate.
H. R. 2617—1345 (b) REPORT AND IMPLEMENTATION OF FDA BEST PRACTICES FOR COMMUNICATING WITH EXTERNAL STAKEHOLDERS.—The Sec- retary, acting through the Commissioner of Food and Drugs, shall develop and publish on the website of the Food and Drug Adminis- tration a report on the practices of the Food and Drug Administra- tion to broadly communicate with external stakeholders, other than through guidance documents, which shall include— (1) a review of the types and methods of public communica- tion that the Food and Drug Administration uses to commu- nicate and interact with medical product sponsors and other external stakeholders; (2) the identification of best practices for the efficient development, issuance, and use of such communications; and (3) a plan for implementation of best practices for commu- nication with external stakeholders, which shall address— (A) advancing the use of innovative forms of commu- nication, including novel document types and formats, to provide increased regulatory clarity to product sponsors and other stakeholders, and advancing methods of commu- nicating and interacting with medical product sponsors and other external stakeholders, including the use of tools such as product submission templates, webinars, and fre- quently asked questions communications; (B) streamlining processes for regulatory submissions; and (C) implementing innovative communication develop- ment processes and transitioning or updating communica- tion practices used during the COVID–19 public health emergency, as appropriate.
(c) CONSULTATION.—In developing and publishing the report and implementation plan under this section, the Secretary shall consult with stakeholders, researchers, academic organizations, pharmaceutical, biotechnology, and medical device developers, clinical research organizations, clinical laboratories, health care providers, patient groups, and other appropriate stake- holders.
including (d) MANNER OF ISSUANCE.— For purposes of carrying out this section, the Secretary may update an existing report or plan, and may combine the reports and implementation plans described in subsections (a) and (b) into one or more documents.
(e) TIMING.—The Secretary shall— (1) not later than 1 year after the date of enactment of this Act, publish a draft of the reports and plans required under this section; and (2) not later than 180 days after publication of the draft reports and plans under paragraph (1)— (A) publish a final report and plan; and (B) begin implementation of the best practices pursu- ant to such final plan.

CHAPTER 2—MITIGATING SHORTAGES SEC.

2511.

ENSURING REGISTRATION OF FOREIGN DRUG AND DEVICE MANUFACTURERS.
(a) REGISTRATION OF CERTAIN FOREIGN ESTABLISHMENTS.—Sec- tion 510(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

360(i)) is amended by adding at the end the following: H. R. 2617—1346 ‘‘(5) The requirements of paragraphs (1) and (2) shall apply regardless of whether the drug or device undergoes further manu- facture, preparation, propagation, compounding, or processing at a separate establishment outside the United States prior to being imported or offered for import into the United States.’’.
(b) UPDATING REGULATIONS.—Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall update regulations, as appropriate, to implement the amendment made by subsection (a).

SEC.

2512.

EXTENDING EXPIRATION DATES FOR CERTAIN DRUGS.


(a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’) shall issue draft guidance, or revise existing guidance, to address recommendations for sponsors of applications submitted under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

355) or section 351 of the Public Health Service Act (42 U.S.C.
262) regarding— (1) the submission of stability testing data in such applica- tions, including considerations for data requirements that could be streamlined or reduced to facilitate faster review of longer proposed expiration dates; (2) establishing in the labeling of drugs the longest feasible expiration date scientifically supported by such data, taking into consideration how extended expiration dates may— (A) help prevent or mitigate drug shortages; and (B) affect product quality; and (3) the use of innovative approaches for drug and combina- tion product stability modeling to support initial product expira- tion dates and expiration date extensions.
(b) REPORT.—Not later than 2 years after the date of enactment of this Act, and again 2 years thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes— (1) the number of drugs for which the Secretary has requested the manufacturer make a labeling change regarding the expiration date; and (2) for each drug for which the Secretary has requested a labeling change with respect to the expiration date, informa- tion regarding the circumstances of such request, including— (A) the name and dose of such drug; (B) the rationale for the request; (C) whether the drug, at the time of the request, was listed on the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356e), or was at risk of shortage; (D) whether the request was made in connection with a public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C.

247d); and (E) whether the manufacturer made the requested change by the requested date, and for instances where the manufacturer does not make the requested change, the manufacturer’s justification for not making the change, if the manufacturer agrees to provide such justification for inclusion in the report.
H. R. 2617—1347 SEC.

2513.

COMBATING COUNTERFEIT DEVICES.

(a) PROHIBITED ACTS.—Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

331) is amended by adding at the end the following: ‘‘(fff)(1) Forging, counterfeiting, simulating, or falsely rep- resenting, or without proper authority using any mark, stamp, tag, label, or other identification upon any device or container, packaging, or labeling thereof so as to render such device a counter- feit device.
‘‘(2) Making, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark or imprint of another or any likeness of any of the foregoing upon any device or container, packaging, or labeling thereof so as to render such device a counter- feit device.
‘‘(3) The doing of any act which causes a device to be a counter- feit device, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit device.’’.

(b) PENALTIES.—Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333) is amended— (1) in subsection (b)(8), by inserting ‘‘, or who violates section 301(fff)(3) by knowingly making, selling or dispensing, or holding for sale or dispensing, a counterfeit device,’’ after ‘‘a counterfeit drug’’; and (2) in subsection (c), by inserting ‘‘; or (6) for having violated section 301(fff)(2) if such person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a device being a counter- feit device, or for having violated section 301(fff)(3) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the device was a counterfeit device’’ before the period.
(c) SEIZURE.—Section 304(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

334(a)(2)) is amended— (1) by striking ‘‘, and (E)’’ and inserting ‘‘, (E)’’; and (2) by inserting ‘‘, (F) Any device that is a counterfeit device, (G) Any container, packaging, or labeling of a counterfeit device, and (H) Any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit device or devices’’ before the period.

SEC.

2514.
SEC.

2514.

PREVENTING MEDICAL DEVICE SHORTAGES.

(a) NOTIFICATIONS.—Section 506J of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356j) is amended— (1) in subsection (f), by inserting ‘‘or (h)’’ after ‘‘subsection (a)’’; (2) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (3) by inserting after subsection (g) the following: ‘‘(h) ADDITIONAL NOTIFICATIONS.—The Secretary may receive voluntary notifications from a manufacturer of a device that is life-supporting, life-sustaining, or intended for use in emergency medical care or during surgery, or any other device the Secretary determines to be critical to the public health, pertaining to a perma- nent discontinuance in the manufacture of the device (except for any discontinuance as a result of an approved modification of the H. R. 2617—1348 device) or an interruption of the manufacture of the device that is likely to lead to a meaningful disruption in the supply of that device in the United States, and the reasons for such discontinuance or interruption.’’.
(b) GUIDANCE ON VOLUNTARY NOTIFICATIONS OF DISCONTINU- ANCE OR INTERRUPTION OF DEVICE MANUFACTURE.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue draft guidance to facilitate voluntary notifications under sub- section (h) of section 506J of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

356j), as added by subsection (a).


Such guidance shall include a description of circumstances in which a voluntary notification under such subsection (h) may be appropriate, rec- ommended timeframes for such a notification, the process for receiving such a notification, and actions the Secretary may take to mitigate or prevent a shortage resulting from a discontinuance or interruption in the manufacture of a device for which such notification is received.
The Secretary shall issue final guidance not later than 1 year after the close of the comment period for the draft guidance.

(c) GUIDANCE ON DEVICE SHORTAGE NOTIFICATION REQUIRE- MENT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue or revise draft guidance regarding requirements under section 506J of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

356j).
356j).

Such guidance shall include a list of each device product code for which a manufacturer of such device is required to notify the Secretary in accordance with section 506J.

SEC.

2515.

TECHNICAL CORRECTIONS.


(a) TECHNICAL CORRECTIONS TO THE CARES ACT.—Division A of the CARES Act (Public Law 116–136) is amended— (1) in section 3111(1), by striking ‘‘in paragraph (1)’’ and inserting ‘‘in the matter preceding paragraph (1)’’; (2) in section 3112(d)(1), by striking ‘‘and subparagraphs (A) and (B)’’ and inserting ‘‘as subparagraphs (A) and (B)’’; and (3) in section 3112(e), by striking ‘‘Federal Food, Drug, Cosmetic Act’’ and inserting ‘‘Federal Food, Drug, and Cosmetic Act’’.
(b) TECHNICAL CORRECTIONS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT RELATED TO THE CARES ACT.— (1) SECTION 506C.—Section 506C(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

356c(a)) is amended, in the flush text at the end, by striking the second comma after ‘‘in the United States’’.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect as if included in section 3112 of division A of the CARES Act (Public Law 116–136).
(c) OTHER TECHNICAL CORRECTION TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.—Section 505B(f)(6)(I) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

355c(f)(6)(I)) is amended ‘‘subsection by striking (a)(4)(C)’’.

(a)(3)(B)’’ and ‘‘subsection inserting H. R. 2617—1349 TITLE III—FOOD AND DRUG ADMINISTRATION SEC.

3001.

SHORT TITLE.

This title may be cited as the ‘‘Food and Drug Omnibus Reform Act of 2022’’.

SEC.

3002.

DEFINITION.


In this title, except as otherwise specified, the term ‘‘Secretary’’ means the Secretary of Health and Human Services.

Subtitle A—Reauthorizations SEC.

3101.

REAUTHORIZATION OF THE CRITICAL PATH PUBLIC-PRI- VATE PARTNERSHIP.

Section 566(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb–5(f)) is amended by striking ‘‘$1,265,753 for the period beginning on October 1, 2022 and ending on December 23, 2022’’ and inserting ‘‘$6,000,000 for each of fiscal years 2023 through 2027’’.

SEC.

3102.

REAUTHORIZATION OF THE BEST PHARMACEUTICALS FOR CHILDREN PROGRAM.

Section 409I(d)(1) of the Public Health Service Act (42 U.S.C.
284m(d)(1)) is amended by striking ‘‘$5,273,973 for the period begin- ning on October 1, 2022 and ending on December 23, 2022’’ and inserting ‘‘$25,000,000 for each of fiscal years 2023 through 2027’’.

SEC.

3103.

REAUTHORIZATION OF THE HUMANITARIAN DEVICE EXEMP- TION INCENTIVE.

Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and Cos- metic Act (21 U.S.C.

360j(m)(6)(A)(iv)) is amended by striking ‘‘December 24, 2022’’ and inserting ‘‘October 1, 2027’’.

SEC.

3104.
SEC.

3104.

REAUTHORIZATION OF THE PEDIATRIC DEVICE CONSORTIA PROGRAM.

Section 305(e) of the Food and Drug Administration Amend- ments Act of 2007 (Public Law 110–85; 42 U.S.C.

282 note) is amended by striking ‘‘$1,107,534 for the period beginning on October 1, 2022, and ending on December 23, 2022’’ and inserting ‘‘$7,000,000 for each of fiscal years 2023 through 2027’’.

SEC.

3105.

REAUTHORIZATION OF PROVISION PERTAINING TO DRUGS CONTAINING SINGLE ENANTIOMERS.
Section 505(u) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

355(u)) is amended— (1) in paragraph (1)(A)(ii)(II), by adding ‘‘(other than bio- availability studies)’’ after ‘‘any clinical investigations’’; and (2) in paragraph (4), by striking ‘‘December 24, 2022’’ and inserting ‘‘October 1, 2027’’.

SEC.

3106.

REAUTHORIZATION OF CERTAIN DEVICE INSPECTIONS.

Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
374(g)(11)) is amended by striking ‘‘December 24, 2022’’ and inserting ‘‘October 1, 2027’’.

SEC.

3107.

REAUTHORIZATION OF ORPHAN DRUG GRANTS.

H. R. 2617—1350 Section 5 of the Orphan Drug Act (21 U.S.C.
360ee) is amended— (1) in subsection (a)— (A) by striking ‘‘and (3)’’ and inserting ‘‘(3)’’; and (B) by inserting before the period at the end the fol- lowing: ‘‘, and (4) developing regulatory science pertaining to the chemistry, manufacturing, and controls of individual- ized medical products to treat individuals with rare dis- eases or conditions’’; and (2) in subsection (c), by striking ‘‘$6,328,767 for the period beginning on October 1, 2022, and ending on December 23, 2022’’ and inserting ‘‘$30,000,000 for each of fiscal years 2023 through 2027’’.
SEC.

3108.

REAUTHORIZATION OF REPORTING REQUIREMENTS RELATED TO PENDING GENERIC DRUG APPLICATIONS AND PRIORITY REVIEW APPLICATIONS.

Section 807 of the FDA Reauthorization Act of 2017 (Public Law 115–52) is amended, in the matter preceding paragraph (1), by striking ‘‘December 23, 2022’’ and inserting ‘‘October 1, 2027’’.

SEC.

3109.

REAUTHORIZATION OF THIRD-PARTY REVIEW PROGRAM.

Section 523(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360m(c)) is amended by striking ‘‘December 24, 2022’’ and inserting ‘‘on October 1, 2027’’ .

Subtitle B—Drugs and Biologics CHAPTER 1—RESEARCH, DEVELOPMENT, AND COMPETITION IMPROVEMENTS SEC.

3201.

PROMPT REPORTS OF MARKETING STATUS BY HOLDERS OF APPROVED APPLICATIONS FOR BIOLOGICAL PROD- UCTS.

(a) IN GENERAL.—Section 506I of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356i) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking ‘‘The holder of an application approved under subsection (c) or (j) of section 505’’ and inserting ‘‘The holder of an application approved under subsection (c) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act’’; (B) in paragraph (2), by striking ‘‘established name’’ and inserting ‘‘established name (or, in the case of a biological product, the proper name)’’; and (C) in paragraph (3), by striking ‘‘or abbreviated application number’’ and inserting ‘‘, abbreviated applica- tion number, or biologics license application number’’; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking ‘‘The holder of an application approved under subsection (c) or (j)’’ and inserting ‘‘The holder of an application approved under subsection (c) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act’’; H. R. 2617—1351 (B) in paragraph (1), by striking ‘‘established name’’ and inserting ‘‘established name (or, in the case of a biological product, the proper name)’’; and (C) in paragraph (2), by striking ‘‘or abbreviated application number’’ and inserting ‘‘, abbreviated applica- tion number, or biologics license application number’’.
(b) ADDITIONAL ONE-TIME REPORT.—Subsection (c) of section 506I of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356i) is amended to read as follows: ‘‘(c) ADDITIONAL ONE-TIME REPORT.—Within 180 days of the date of enactment of the Food and Drug Omnibus Reform Act of 2022, all holders of applications approved under subsection (a) or (k) of section 351 of the Public Health Service Act shall review the information in the list published under section 351(k)(9)(A) of the Public Health Service Act and shall submit a written notice to the Secretary— ‘‘(1) stating that all of the application holder’s biological products in the list published under such section 351(k)(9)(A) that are not listed as discontinued are available for sale; or ‘‘(2) including the information required pursuant to sub- section (a) or (b), as applicable, for each of the application holder’s biological products that are in the list published under such section 351(k)(9)(A) and not listed as discontinued, but have been discontinued from sale or never have been available for sale.’’.
(c) PURPLE BOOK.—Section 506I of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356i) is amended— (1) by striking subsection (d) and inserting the following: ‘‘(d) FAILURE TO MEET REQUIREMENTS.—If a holder of an approved application fails to submit the information required under subsection (a), (b), or (c), the Secretary may— ‘‘(1) move the application holder’s drugs from the active section of the list published under section 505(j)(7)(A) to the discontinued section of the list, except that the Secretary shall remove from the list in accordance with section 505(j)(7)(C) drugs the Secretary determines have been withdrawn from sale for reasons of safety or effectiveness; and ‘‘(2) identify the application holder’s biological products as discontinued in the list published under section 351(k)(9)(A) of the Public Health Service Act, except that the Secretary shall remove in accordance with section 351(k)(9)(B) of such Act biological products for which the license has been revoked or suspended for reasons of safety, purity, or potency.’’; and from the list (2) in subsection (e)— (A) by inserting after the first sentence the following: ‘‘The Secretary shall update the list published under section 351(k)(9)(A) of the Public Health Service Act based on information provided under subsections (a), (b), and (c) by identifying as discontinued biological products that are not available for sale, except that biological products for which the license has been revoked or suspended for safety, purity, or potency reasons shall be removed from the list in accordance with section 351(k)(9)(B) of the Public Health Service Act.’’; H. R. 2617—1352 (B) by striking ‘‘monthly updates to the list’’ and inserting ‘‘monthly updates to the lists referred to in the preceding sentences’’; and (C) by striking ‘‘and shall update the list based on’’ and inserting ‘‘and shall update such lists based on’’.
(d) TECHNICAL CORRECTIONS.—Section 506I(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

356i(e)) is amended— (1) by striking ‘‘subsection 505(j)(7)(A)’’ and inserting ‘‘sec- tion 505(j)(7)(A)’’; and (2) by striking ‘‘subsection 505(j)(7)(C)’’ and inserting ‘‘sec- tion 505(j)(7)(C)’’.

SEC.

3202.

IMPROVING THE TREATMENT OF RARE DISEASES AND CONDITIONS.
(a) REPORT ON ORPHAN DRUG PROGRAM.— (1) IN GENERAL.—Not later than September 30, 2026, the Secretary shall submit to the Committee on Energy and Com- merce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing the activities of the Food and Drug Administration, with respect to the period of fiscal years 2023 through fiscal year 2025, related to designating drugs under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bb) for a rare disease or condition and approving such drugs under section 505 of such Act (21 U.S.C.

355) or licensing such drugs under section 351 of the Public Health Service Act (42 U.S.C.

262), including— (A) the number of applications for such drugs under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

355) or section 351 of the Public Health Service Act (42 U.S.C.
262) received by the Food and Drug Adminis- tration, the number of such applications accepted and rejected for filing, and the numbers of such applications pending, approved, and for which a complete response letter has been issued by the Food and Drug Administration; (B) the number of applications for which the sponsor requested written recommendations pursuant to section 525 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360aa) and the number of such applications for which the sponsor received such written recommendations; (C) a description of trends in drug approvals for rare diseases and conditions across review divisions at the Food and Drug Administration; (D) the extent to which the Food and Drug Administra- tion is consulting with external experts pursuant to section 569(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb–8(a)(2)) on topics pertaining to drugs for a rare disease or condition, including how and when any such consultation is occurring; (E) the number of applications for which the Secretary allowed the sponsor to rely upon data and information pursuant to section 529A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360ff–1); and (F) a description of the Food and Drug Administration’s efforts to promote best practices in the development of novel conditions, including— rare diseases or treatments for H. R. 2617—1353 (i) reviewer training on policies, methods, and tools related to rare diseases and conditions; and (ii) new regulatory science and coordinated support for patient and stakeholder engagement.
(2) PUBLIC AVAILABILITY.—The Secretary shall make the report under paragraph (1) available to the public, including by posting the report on the website of the Food and Drug Administration.

(3) INFORMATION DISCLOSURE.—Nothing in this subsection shall be construed to authorize the disclosure of information that is prohibited from disclosure under section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
331(j)) or section 1905 of title 18, United States Code, or subject to withholding under paragraph (4) of section 552(b) of title 5, United States Code (commonly referred to as the ‘‘Freedom of Information Act’’).

(b) GUIDANCE.—Not later than 9 months after the date of enactment of this Act, the Secretary shall publish final guidance related to the draft guidance titled, ‘‘Rare Diseases: Common Issues in Drug Development’’, issued on February 1, 2019.
(c) STUDY ON EUROPEAN UNION SAFETY AND EFFICACY REVIEWS OF DRUGS FOR RARE DISEASES AND CONDITIONS.— (1) IN GENERAL.—The Secretary shall enter into a contract with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the ‘‘National Acad- emies’’) to conduct a study on processes for evaluating the safety and efficacy of drugs for rare diseases or conditions in the United States and the European Union, including— (A) flexibilities, authorities, or mechanisms available to regulators in the United States and the European Union specific to rare diseases or conditions; (B) the consideration and use of supplemental data submitted during review processes in the United States and the European Union, including data associated with open label extension studies and expanded access programs specific to rare diseases or conditions; (C) an assessment of collaborative efforts between United States and European Union regulators related to— (i) product development programs under review; (ii) policies under development and those recently issued; and (iii) scientific information related to product development or regulation; and (D) recommendations for how Congress can support collaborative efforts described in subparagraph (C).
(2) CONSULTATION.—The contract under paragraph (1) shall provide for consultation with relevant stakeholders, including— (A) representatives from the Food and Drug Adminis- tration and the European Medicines Agency; (B) patients with rare diseases or conditions; and (C) patient groups that— (i) represent patients with rare diseases or condi- tions; and (ii) have international patient outreach.
(3) REPORT.—The contract under paragraph (1) shall pro- vide for, not later than 2 years after the date of entering into such contract— H. R. 2617—1354 (A) the completion of the study under paragraph (1); and (B) the submission of a report on the results of such study to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(4) PUBLIC AVAILABILITY.—The contract under paragraph (1) shall provide for the National Academies to make the report under paragraph (3) available to the public, including by posting the report on the website of the National Academies.

(d) PUBLIC MEETING.— (1) IN GENERAL.—Not later than December 31, 2023, the Secretary, acting through the Commissioner of Food and Drugs, shall convene one or more public meetings to solicit input from stakeholders regarding the approaches described in para- graph (2).
(2) APPROACHES.—The public meeting or meetings under paragraph (1) shall address approaches to increasing and improving engagement with rare disease or condition patients, groups representing such patients, rare disease or condition experts, and experts on small population studies, in order to improve the understanding with respect to rare diseases or conditions of— (A) patient burden; (B) treatment options; and (C) side effects of treatments, including understanding the risks of side effects relative to the health status of the patient and the progression of the disease or condition.
(3) PUBLIC DOCKET.—The Secretary shall establish a public docket to receive written comments related to the approaches addressed during each public meeting under paragraph (1).

Such public docket shall remain open for 60 days following the date of each such public meeting.
(4) REPORTS.—Not later than 180 days after each public meeting under paragraph (1), the Commissioner of Food and Drugs shall develop and publish on the website of the Food and Drug Administration a report on— (A) the approaches discussed at the public meeting; and (B) any related recommendations.

(e) CONSULTATION ON THE SCIENCE OF SMALL POPULATION STUDIES.—Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb–8(b)) is amended— (1) in paragraph (6), by striking ‘‘; and’’ and inserting a semicolon; (2) in paragraph (7), by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(8) the science of small population studies.’’.
(f) GAO REPORT.— (1) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report assessing the policies, practices, and programs of the Food H. R. 2617—1355 and Drug Administration with respect to the review of applica- tions for approval of drugs under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) and licensing of biological products under section 351 of the Public Health Service Act (42 U.S.C.

262) intended to treat rare diseases and conditions.

(2) CONTENT OF REPORT.—The report under paragraph (1) shall— (A) describe the activities of the Food and Drug Administration dedicated to the development and review of drugs and biological products intended to treat rare diseases and conditions under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) and section 351 of the Public Health Service Act (42 U.S.C.
262); (B) describe challenges with developing and obtaining approval or licensure of drugs and biological products intended to treat rare diseases and conditions, such as challenges related to designing and conducting clinical trials, clinical trial subject recruitment and enrollment, study endpoints, and ensuring data quality, assessing the benefit-risk profile of drugs and biological products intended to treat rare diseases and conditions, and meeting requirements for approval or licensure; (C) assess the effectiveness of policies and practices of the Food and Drug Administration related to the review of applications for drugs and biological products intended to treat rare diseases and conditions, including— (i) initiatives to support the development and review of drugs and biological products intended to treat rare diseases and conditions, including initiatives related to regulatory science, clinical trial design, statistical analysis, and other relevant topics; (ii) consideration of relevant patient-focused drug development data and information, including patient experience data and the views of patients, pursuant to section 569C of the Federal Food, Drug, and Cos- metic Act (21 U.S.C.
360bbb–8c); (iii) training and other efforts to ensure the exper- tise of personnel of the Food and Drug Administration regarding the review of applications for drugs and biological products intended to treat rare diseases and conditions; and (iv) consultations and engagement with stake- holders and external experts pursuant to section 569 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb–8); (D) assess the extent to which the Food and Drug Administration is applying the policies and practices described in subparagraph (C) consistently across review divisions, and the factors that influence the extent to which such application is consistent; and (E) include recommendations to address challenges and to deficiencies improve the effectiveness, consistency, and coordination of policies, practices, and programs of the Food and Drug Administration related to the review of applications for including recommendations identified, H. R. 2617—1356 drugs and biological products intended to treat rare dis- eases and conditions.
(g) DEFINITION.—In this section, the terms ‘‘rare disease or condition’’, ‘‘rare diseases or conditions’’, and ‘‘rare diseases and conditions’’ have the meaning given the term ‘‘rare disease or condi- tion’’ in section 526(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

360bbb(a)(2)).

SEC.

3203.

EMERGING TECHNOLOGY PROGRAM.

Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

201 et seq.)

is amended by inserting after section 566 of such Act (21 U.S.C.
360bbb–5) the following: ‘‘SEC.

566A.

EMERGING TECHNOLOGY PROGRAM.

‘‘(a) PROGRAM ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary shall establish a program to support the adoption of, and improve the development of, innovative approaches to drug design and manufacturing.
‘‘(2) ACTIONS.—In carrying out the program under para- graph (1), the Secretary may— ‘‘(A) facilitate and increase communication between public and private entities, consortia, and individuals with respect to innovative drug product design and manufac- turing; ‘‘(B) solicit information regarding, and conduct or sup- port research on, innovative approaches to drug product design and manufacturing; ‘‘(C) convene meetings with representatives of industry, academia, other Federal agencies, international agencies, and other interested persons, as appropriate; ‘‘(D) convene working groups to support drug product design and manufacturing research and development; ‘‘(E) support education and training for regulatory staff and scientists related to innovative approaches to drug product design and manufacturing; ‘‘(F) advance regulatory science related to the develop- ment and review of innovative approaches to drug product design and manufacturing; ‘‘(G) convene or participate in working groups to sup- port the harmonization of international regulatory require- ments related to innovative approaches to drug product design and manufacturing; and ‘‘(H) award grants or contracts to carry out or support the program under paragraph (1).
‘‘(3) GRANTS AND CONTRACTS.—To seek a grant or contract under this section, an entity shall submit an application— ‘‘(A) in such form and manner as the Secretary may require; and ‘‘(B) containing such information as the Secretary may require, including a description of— ‘‘(i) how the entity will conduct the activities to be supported through the grant or contract; and ‘‘(ii) how such activities will further research and development related to, or adoption of, innovative approaches to drug product design and manufacturing.
‘‘(b) GUIDANCE.—The Secretary shall— H. R. 2617—1357 ‘‘(1) issue or update guidance to help facilitate the adoption of, and advance the development of, innovative approaches to drug product design and manufacturing; and ‘‘(2) include in such guidance descriptions of— ‘‘(A) any regulatory requirements related to the development or review of technologies related to innovative approaches to drug product design and manufacturing, including updates and improvements to such technologies after product approval; and ‘‘(B) data that can be used to demonstrate the identity, safety, purity, and potency of drugs manufactured using such technologies.
‘‘(c) REPORT TO CONGRESS.—Not later than 4 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Represent- atives and the Committee on Health, Education, Labor, and Pen- sions of the Senate a report containing— ‘‘(1) an annual accounting of the allocation of funds made available to carry out this section; ‘‘(2) a description of how Food and Drug Administration staff were utilized to carry out this section and, as applicable, any challenges or limitations related to staffing; ‘‘(3) the number of public meetings held or participated in by the Food and Drug Administration pursuant to this section, including meetings convened as part of a working group described in subparagraph (D) or (G) of subsection (a)(2), and the topics of each such meeting; and ‘‘(4) the number of drug products approved or licensed, after the date of enactment of this section, using an innovative approach to drug product design and manufacturing.’’.
SEC.

3204.

NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND CONTINUOUS PHARMACEUTICAL MANUFACTURING.

(a) IN GENERAL.—Section 3016 of the 21st Century Cures Act (21 U.S.C.

399h) is amended to read as follows: ‘‘SEC.

3016.

NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND CONTINUOUS PHARMACEUTICAL MANUFACTURING.
‘‘(a) IN GENERAL.—The Secretary of Health and Human Serv- ices, acting through the Commissioner of Food and Drugs— ‘‘(1) may, to support the advancement, development, and implementation of advanced and continuous pharmaceutical manufacturing— ‘‘(A) solicit requests for designation as National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing (in this section referred to as a ‘National Center of Excellence’); ‘‘(B) beginning not later than one year after the date of enactment of the Food and Drug Omnibus Reform Act of 2022, designate as National Centers of Excellence institutions of higher education or consortia of institutions of higher education that— ‘‘(i) request such designation; and ‘‘(ii) meet the eligibility criteria specified in sub- section (c); and ‘‘(C) award grants to such institutions or consortia of institutions; and H. R. 2617—1358 ‘‘(2) shall so designate not more than 5 institutions of higher education or consortia of such institutions.
‘‘(b) REQUEST FOR DESIGNATION.—A request for designation under subsection (a) shall be made to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
‘‘(c) ELIGIBILITY CRITERIA FOR DESIGNATION.—To be eligible to receive a designation under this section, an institution of higher education or consortium of institutions of higher education shall include in its request for designation a description of the institu- tion’s or consortium’s— ‘‘(1) physical capacity and technical capabilities to conduct advanced research on, and to develop and implement, advanced and continuous pharmaceutical manufacturing; ‘‘(2) collaboration or partnerships with other institutions of higher education, nonprofit organizations, and large and small pharmaceutical manufacturers, including generic and nonprescription manufacturers, contract manufacturers, and other relevant entities; ‘‘(3) proven capacity to design, develop, implement, and demonstrate new, highly effective technologies for use in advanced and continuous pharmaceutical manufacturing; ‘‘(4) proven ability to facilitate training of a qualified workforce for advanced research on, and development and implementation of, advanced and continuous pharmaceutical manufacturing; and ‘‘(5)(A) experience in participating in and leading advanced and continuous pharmaceutical manufacturing technology part- nerships with other institutions of higher education, nonprofit organizations, and large and small pharmaceutical manufactur- ers, including generic and nonprescription manufacturers, con- tract manufacturers, and other relevant entities to— ‘‘(i) support the implementation of advanced or contin- uous pharmaceutical manufacturing for
 companies manu- facturing or seeking to manufacture in the United States; ‘‘(ii) support Federal agencies with technical assistance and workforce training, which may include regulatory and quality metric guidance as applicable, and hands-on training, for advanced and continuous pharmaceutical manufacturing; ‘‘(iii) organize and conduct advanced research and development activities, with respect to advanced or contin- uous pharmaceutical manufacturing, needed to develop new and more effective technology, and to develop and support technological leadership; ‘‘(iv) develop best practices for designing, developing, and implementing advanced and continuous pharma- ceutical manufacturing processes; and ‘‘(v) identify and assess workforce needs for advanced and continuous pharmaceutical manufacturing, and address such workforce needs, which may include the development and implementing of training programs; or ‘‘(B) a plan, to be implemented within 2 years, to establish partnerships described in subparagraph (A).
‘‘(d) TERMINATION OF DESIGNATION.—The Secretary may termi- nate the designation of any National Center of Excellence des- ignated under this section if the Secretary determines such National H. R. 2617—1359 Center of Excellence no longer meets the criteria specified in sub- section (c).

Not later than 90 days before the effective date of such a termination, the Secretary shall provide written notice to the National Center of Excellence, including the rationale for such termination.
‘‘(e) CONDITIONS FOR DESIGNATION.—As a condition of designa- tion as a National Center of Excellence under this section, the Secretary shall require that an institution of higher education or consortium of institutions of higher education enter into an agree- ment with the Secretary under which the institution or consortium agrees— ‘‘(1) to collaborate directly with the Food and Drug Adminis- tration to publish the reports required by subsection (g); ‘‘(2) to share data with the Food and Drug Administration regarding best practices and research generated through the funding under subsection (f); ‘‘(3) to develop, along with industry partners (which may include large and small pharmaceutical manufacturers, including generic and nonprescription manufacturers, and con- tract 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 contin- uous pharmaceutical manufacturing workforce; ‘‘(4) to develop, along with industry partners and other institutions or consortia of such institutions designated under this section, a strategic plan for strengthening existing, and developing new, partnerships with other institutions of higher education or consortia thereof, or nonprofit organizations; and ‘‘(5) to provide an annual report to the Food and Drug Administration regarding the designee’s activities under this section, including a description of how the designee continues to meet and make progress on the criteria specified in sub- section (c).
‘‘(f) FUNDING.— ‘‘(1) IN GENERAL.—The Secretary shall award funding, through grants, contracts, or cooperative agreements, to the entities designated as National Centers of Excellence under this section for the purposes of supporting the advanced research on, and development and implementation of, advanced and continuous pharmaceutical manufacturing, and recom- mending improvements to advanced and continuous pharma- ceutical manufacturing, including— ‘‘(A) expanding capacity for advanced research on, and development of, advanced and continuous pharmaceutical manufacturing; and ‘‘(B) implementing advanced research capacity and capabilities in advanced and continuous pharmaceutical manufacturing suitable for accelerating the development of drug products needed to respond to public health threats, mitigate or prevent drug shortages, address drug quality issues and supply chain disruptions, and other cir- cumstances with respect to which the Secretary may deter- mine the rapid development of new products or new manu- facturing processes may be appropriate.
‘‘(2) CONSISTENCY WITH FDA MISSION.—As a condition on receipt of funding under this subsection, a National Center H. R. 2617—1360 of Excellence shall consider any input from the Secretary regarding the use of funding related to— ‘‘(A) best practices to increase, and provide for the advancement of, advanced and continuous pharmaceutical manufacturing through the National Center of Excellence; and ‘‘(B) the extent to which activities conducted by the National Center of Excellence are consistent with the mis- sion of the Food and Drug Administration.
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as precluding a National Center for Excellence designated under this section from receiving funds under any other provision of this Act or any other Federal law.
‘‘(g) ANNUAL REVIEW AND REPORTS.— ‘‘(1) ANNUAL REPORT TO CONGRESS.—Beginning not later than one year after the date on which the first designation is made under subsection (a), and annually thereafter, the Secretary shall— ‘‘(A) submit to Congress a report describing the activi- ties, partnerships and collaborations, Federal policy rec- ommendations, previous and continuing funding, and findings of, and any other applicable information from, the National Centers of Excellence designated under this section; ‘‘(B) include in such report an accounting of the Federal administrative expenses described in subsection (i)(2) over the reporting period; and ‘‘(C) make such report available to the public in an easily accessible electronic format on the website of the Food and Drug Administration.
‘‘(2) CENTER OF EXCELLENCE REPORT.—An entity receiving a grant under this section shall, not later than 1 year after receiving such grant, and annually thereafter for the duration of the grant period, submit to the Secretary a summary of programs and activities funded under the grant.
‘‘(3) PERIODIC REVIEW.—The Secretary shall periodically review the National Centers of Excellence designated under this section to ensure that such National Centers of Excellence continue to meet the criteria for designation under this section.
‘‘(4) ADDITIONAL REPORT TO CONGRESS.—Not later than 1 year after the date on which the first designation is made under subsection (a), the Secretary, in consultation with the National Centers of Excellence designated under this section, shall submit a report to the Congress on the role of the Food and Drug Administration in supporting advanced and contin- uous pharmaceutical manufacturing, including— ‘‘(A) a national framework of principles related to the implementation of advanced and continuous pharma- ceutical manufacturing; ‘‘(B) a plan for the development of Federal regulations and guidance to support and facilitate the incorporation of advanced or continuous manufacturing into the develop- ment of pharmaceuticals; ‘‘(C) a plan for development of Federal regulations or guidance related to the review of advanced and contin- uous pharmaceutical manufacturing, including how such H. R. 2617—1361 manufacturing practices may be incorporated into the review of medical product applications; and ‘‘(D) a summary of relevant feedback related to improving advanced and continuous pharmaceutical manu- facturing solicited from the public, which may include other institutions of higher education, nonprofit organizations, and large and small pharmaceutical manufacturers, including generic and nonprescription manufacturers, and contract manufacturers, and other relevant entities.
‘‘(h) DEFINITIONS.—In this section: ‘‘(1) ADVANCED AND CONTINUOUS PHARMACEUTICAL MANU- FACTURING.—The term ‘advanced and continuous pharma- ceutical manufacturing’ refers to a method of pharmaceutical manufacturing, or a combination of pharmaceutical manufac- turing methods— ‘‘(A) that incorporates a novel technology, or uses an established technique or technology in a new or innovative way, that enhances drug quality or improves the manufac- turing process for a drug, including processes that may apply to advanced therapies and the production of biological products, such as cell and gene therapies; or ‘‘(B) for which the input materials are continuously fed into and transformed within the process, and the output materials are continuously removed from the system, uti- lizing an integrated manufacturing process that consists of a series of 2 or more simultaneous unit operations.
‘‘(2) BIOLOGICAL PRODUCT.—The term ‘biological product’ has the meaning given such term in section 351(i) of the Public Health Service Act (42 U.S.C.

262(i)).

‘‘(3) DRUG.—The term ‘drug’ has the meaning given such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

321(g)).

‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu- tion of higher education’ has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.

1001(a)).
1001(a)).

‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary of Health and Human Services.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appropriated to carry out this section $100,000,000 for the period of fiscal years 2023 through 2027.
‘‘(2) FEDERAL ADMINISTRATIVE EXPENSES.—Of the amounts made available to carry out this section for a fiscal year, the Secretary shall not use more than 8 percent for Federal administrative expenses, including training, technical assist- ance, reporting, and evaluation.’’.

(b) TRANSITION RULE.—Section 3016 of the 21st Century Cures Act (21 U.S.C.
399h), as in effect on the day before the date of the enactment of this section, shall apply with respect to grants awarded under such section before such date of enactment.

H. R. 2617—1362 (c) CLERICAL AMENDMENT.—The item relating to section 3016 in the table of contents in section 1(b) of the 21st Century Cures Act (Public Law 114–255) is amended to read as follows: ‘‘Sec.

3016.

National Centers of Excellence in Advanced and Continuous Pharma- ceutical Manufacturing.’’.

SEC.

3205.
SEC.

3205.

PUBLIC WORKSHOP ON CELL THERAPIES.
Not later than 3 years after the date of the enactment of this Act, the Secretary, acting through the Commissioner of Food and Drugs, shall convene a public workshop with relevant stake- holders to discuss best practices on generating scientific data nec- essary to further facilitate the development of certain human cell- , tissue-, and cellular-based medical products (and the latest sci- entific information about such products) that are regulated as drugs under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.)

and biological products under section 351 of the Public Health Service Act (42 U.S.C.

262), namely, stem cell and other cellular therapies.

SEC.

3206.

CLARIFICATIONS TO EXCLUSIVITY PROVISIONS FOR FIRST INTERCHANGEABLE BIOSIMILAR BIOLOGICAL PROD- UCTS.

Section 351(k)(6) of the Public Health Service Act (42 U.S.C.
262(k)(6)) is amended— (1) in the matter preceding subparagraph (A)— (A) by striking ‘‘Upon review of’’ and inserting ‘‘The Secretary shall not make approval as an interchangeable biological product effective with respect to’’; (B) by striking ‘‘relying on’’ and inserting ‘‘that relies on’’; and (C) by striking ‘‘the Secretary shall not make a deter- mination under paragraph (4) that the second or subse- quent biological product is interchangeable for any condi- tion of use’’; and (2) in the flush text that follows subparagraph (C)(ii), by striking ‘‘taken.’’ and inserting ‘‘taken, and the term ‘first inter- changeable biosimilar biological product’ means any inter- changeable biosimilar biological product that is approved on the first day on which such a product is approved as inter- changeable with the reference product.’’.
SEC.

3207.

GAO REPORT ON NONPROFIT PHARMACEUTICAL ORGANIZA- TIONS.
(a) GAO REVIEW.—The Comptroller General of the United States (referred to in this section as the ‘‘Comptroller General’’) shall prepare a report on— (1) what is known about nonprofit pharmaceutical manufac- turing organizations, including the impact of such organizations on the development, availability, and cost of prescription drugs in the United States, which may include information with respect to the capacity and capability to help prevent or miti- gate shortages of such drugs, and any challenges to manufac- turing or other operations; and (2) recommendations to address such challenges.
(b) REPORT.—Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit the report described in subsection (a) to the Committee on Health, Education, H. R. 2617—1363 Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.

SEC.

3208.

RARE DISEASE ENDPOINT ADVANCEMENT PILOT PROGRAM.